Daily Rules, Proposed Rules, and Notices of the Federal Government


Occupational Safety and Health Administration

[Docket No. OSHA-2011-0060]

Methylene Chloride Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comments.
SUMMARY: OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements specified in the Methylene Chloride Standard (29 CFR 1910.1052).
DATES: Comments must be submitted (postmarked, sent, or received) by November 8, 2011.
ADDRESSES: Facsimile:If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-1648.

Mail, hand delivery, express mail, messenger, or courier service:When using this method, you must submit a copy of your comments and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2011-0060, U.S. Department of Labor, Occupational Safety and Health Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.

Instructions:All submissions must include the Agency name and OSHA docket number (OSHA-2011-0060) for the Information Collection Request (ICR). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at further information on submitting comments see the "Public Participation" heading in the section of this notice titledSUPPLEMENTARY INFORMATION.

Docket:To read or download comments or other material in the docket, go tohttp://www.regulations.govor the OSHA Docket Office at the address above. All documents in the docket (including thisFederal Registernotice) are listed in thehttp://www.regulations.govindex; however, some information (e.g.,copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Theda Kenney at the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3468, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-2222.

I. Background

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e.,employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA's estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651et seq.) authorizes information collection by employers as necessary or appropriate for enforcement of the OSH Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining information (29 U.S.C. 657).

As required by the PRA-95, OSHA published a notice in theFederal Registeron March 16, 2011 (76 FR 14432, Docket No. OSHA-2011-0060) requesting public comment on its proposed extension of the information collection requirements contained in the existing Standard on Methylene Chloride (29 CFR 1910.1052, “the Standard”). The notice was part of a preclearance consultation program intended to provide those interested parties the opportunity to comment on OSHA's request for an extension by OMB of a previous approval of the information collection requirements in the Standard. No public comments were received.

However, as a result of the Standards Improvement Project-Phase III final rule (76 FR 33590), published on June 8, 2011, the “transfer of records” requirement contained in the Standard (former 29 CFR 1910.1052(m)(5)) was revoked. In accordance with PRA-95, prior to issuance of the final rule, on May 27, 2011, OSHA submitted a revised ICR to OMB requesting approval to remove this requirement and the associated burden hours and costs. On August 11, 2011, OMB issued a Notice of Action (NOA) indicating approval of the request.

In addition, the NOA instructed the Department of Labor to publish a second notice in theFederal Registerto solicit comments on its proposal to extend the Office of Management and Budget's approval of the information collection requirements. In response, this notice fulfills the NOA instructions. The Agency will respond to any comments submitted in response to this notice and submit the final ICR to OMB.

The Standard protects workers from the adverse health effects that may result from their exposure to methylene chloride (MC). The requirements in the Standard include worker exposure monitoring, notifying workers of their MC exposures, administering medical examinations to workers, providing examining physicians with specific program and worker information, ensuring that workers receive a copy of their medical examination results, training workers on the hazards of MC, maintaining workers' exposure monitoring and medical examination records for specific periods, and providing access to these records by OSHA, the National Institute for Occupational Safety and Health, the affected workers, and their authorized representatives.

II. Special Issues for Comment

OSHA has a particular interest in comments on the following issues:

• Whether the proposed information collection requirements are necessary for the proper performance of the Agency's functions, including whether the information is useful;

• The accuracy of OSHA's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used;

• The quality, utility, and clarity of the information collected; and

• Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection and transmission techniques.

III. Proposed Actions

OSHA is requesting an adjustment decrease in burden hours from 67,361 to 63,560 (a total decrease of 3,801 hours). The adjustment is primarily due to a decrease in covered workers.

Type of Review:Extension of a currently approved collection.

Title:Methylene Chloride Standard (29 CFR 1910.1052).

OMB Number:1218-0179.

Affected Public:Business or other for-profits.

Number of Respondents:90,596.

Frequency of Response:Annually; semi-annually, quarterly; on occasion.

Total Responses:250,924.

Average Time per Response:Varies from 1 hour for administering a medical examination to 5 minutes to maintain a worker's medical or exposure record.

Estimated Total Burden Hours:63,560.

Estimated Cost (Operation and Maintenance):$19,214,570.

IV. Public Participation—Submission of Comments on this Notice and Internet Access to Comments and Submissions

You may submit comments in response to this document as follows: (1) Electronically at,which is the Federal eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All comments, attachments, and other material must identify the Agency name and the OSHA docket number for the ICR (Docket No. OSHA-2011-0060). You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titledADDRESSES). The additional materials must clearly identify your electronic comments by your name, date, and the docket number so the Agency can attach them to your comments.

Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger, or courier service, please contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627).

Comments and submissions are posted without change at, OSHA cautions commenters about submitting personal information such as social security numbers and dates of birth. Although all submissions are listed in thehttp://www.regulations.govindex, some information (e.g., copyrighted material) is not publicly available to read or download through this Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using thehttp://www.regulations.govWeb site to submit comments and access the docket is available at the Web site's “User Tips” link. Contact the OSHA Docket Office for information about materials not available through the Web site and for assistance in using the Internet to locate docket submissions.

V. Authority and Signature

David Michaels, PhD, MPH, Assistant Secretary of Labor for OccupationalSafety and Health, directed the preparation of this notice. The authority for this notice isthe Paperwork Reduction Act of 1995 (44 U.S.C. 3506et seq.) and Secretary of Labor'sOrder No. 4-2010 (75 FR 55355).

Signed at Washington, DC, on September 2, 2011. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health.