Occupational Injury and Illness Recording and Reporting Requirements, 28383-28386 [2011-11965]
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Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Proposed Rules
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers (FAA Docket No. FAA
2011–0184 and Airspace Docket No. 11–
ANM–4) and be submitted in triplicate
to the Docket Management System (see
ADDRESSES section for address and
phone number). You may also submit
comments through the Internet at
https://www.regulations.gov.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this action must submit with those
comments a self-addressed stamped
postcard on which the following
statement is made: ‘‘Comments to FAA
Docket No. FAA–2011–0184 and
Airspace Docket No. 11–ANM–4’’. The
postcard will be date/time stamped and
returned to the commenter.
All communications received on or
before the specified closing date for
comments will be considered before
taking action on the proposed rule. The
proposal contained in this action may
be changed in light of comments
received. All comments submitted will
be available for examination in the
public docket both before and after the
closing date for comments. A report
summarizing each substantive public
contact with FAA personnel concerned
with this rulemaking will be filed in the
docket.
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Availability of NPRM’s
An electronic copy of this document
may be downloaded through the
Internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s Web page at https://
www.faa.gov/airports_airtraffic/
air_traffic/publications/
airspace_amendments/.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office (see the
ADDRESSES section for the address and
phone number) between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. An informal docket
may also be examined during normal
business hours at the Northwest
Mountain Regional Office of the Federal
Aviation Administration, Air Traffic
Organization, Western Service Center,
Operations Support Group, 1601 Lind
Avenue, SW., Renton, WA 98057.
Persons interested in being placed on
a mailing list for future NPRM’s should
contact the FAA’s Office of Rulemaking,
(202) 267–9677, for a copy of Advisory
Circular No. 11–2A, Notice of Proposed
Rulemaking Distribution System, which
describes the application procedure.
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The Proposal
The Proposed Amendment
The FAA is proposing an amendment
to Title 14 Code of Federal Regulations
(14 CFR) part 71 by establishing Class E
airspace extending upward from 700
feet above the surface at Nephi
Municipal Airport, Nephi, UT.
Controlled airspace is necessary to
accommodate aircraft using the new
RNAV (GPS) standard instrument
approach procedures at the airport, and
would enhance the safety and
management of aircraft operations.
Class E airspace designations are
published in paragraph 6005, of FAA
Order 7400.9U, dated August 18, 2010,
and effective September 15, 2010, which
is incorporated by reference in 14 CFR
part 71.1. The Class E airspace
designation listed in this document will
be published subsequently in this
Order.
The FAA has determined this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current.
Therefore, this proposed regulation; (1)
Is not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified this proposed rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the U.S. Code. Subtitle 1,
Section 106, describes the authority for
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of the airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it establishes
additional controlled airspace at Nephi
Municipal Airport, Nephi, UT.
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
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PART 71—DESIGNATION OF CLASS A,
B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9U,
Airspace Designations and Reporting
Points, dated August 18, 2010, and
effective September 15, 2010 is
amended as follows:
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
*
ANM UT E5 Nephi, UT [New]
Nephi Municipal Airport, Nephi, UT
(Lat. 39°44′12″ N., long. 111°52′12″ W.)
That airspace extending from 700 feet
above the surface within a 9.7-mile radius of
the Nephi Municipal Airport; that airspace
extending upward from 1,200 feet above the
surface within an area bonded by a line
beginning at lat. 40°03′00″ N., long.
112°19′00″ W.; lat. 39°56′00″ N., long.
111°23′00″ W.; lat. 39°23′00″ N., long.
111°27′00″ W.; lat. 39°29′00″ N., long.
112°21′00″ W.; lat. 39°49′00″ N., long.
112°23′00″ W.; thence to the point of
beginning.
Issued in Seattle, Washington, on May 10,
2011.
John Warner,
Manager, Operations Support Group, Western
Service Center.
[FR Doc. 2011–11998 Filed 5–16–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1904
[Docket No. OSHA–2009–0044]
RIN 1218–AC45
Occupational Injury and Illness
Recording and Reporting
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
AGENCY:
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Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Proposed Rules
Notice of limited reopening of
rulemaking record.
ACTION:
OSHA is reopening the
rulemaking record to allow interested
persons, particularly small businesses,
to comment on the information gathered
and on issues raised during the small
business teleconferences that the
Agency and the Small Business
Administration’s Office of Advocacy
(SBA Office of Advocacy) co-sponsored
on April 11–12, 2011. The purpose of
the teleconferences was to gather
information from small businesses about
their experiences recording work-related
musculoskeletal disorders (MSDs) and
how they believe they would be
impacted by OSHA’s proposed rule to
revise its Recordkeeping regulations to
restore a column on the OSHA 300 Log
that employers would have to check if
a case they already are required to
record is an MSD. The record will
remain open for 30 days for comment on
these limited issues.
DATES: Comments must be submitted
(postmarked, sent, received) by June 16,
2011.
ADDRESSES: You may submit comments
using one of the following methods:
Electronically: You may submit
comments and attachments
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
on-line instructions for submitting
comments electronically;
Fax: If your comments, including
attachments, do not exceed 10 pages,
you may fax them to the OSHA Docket
Office at (202) 693–1648; or
Mail, hand delivery, express mail,
messenger or courier: You may submit
your comments and attachments to the
OSHA Docket Office, Docket Number
OSHA–2009–0044, U.S. Department of
Labor, Room N–2625, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone (202) 693–2525 (TTY number
(887) 889–5627). Deliveries (hand,
express mail, messenger, courier) are
accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 8:15 a.m.–4:45 p.m., e.t.
Instructions: All submissions must
include the docket number (Docket No.
OSHA–2009–0044) or RIN number (RIN
No. 1218–AC45) for this rulemaking.
Because of security-related procedures,
submitting comments by regular mail
may result in significant delay. Please
contact the OSHA Docket Office for
information about security procedures
for submitting comments by hand
delivery, express delivery, messenger or
courier service.
OSHA places all comments, including
any personal information you provide,
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SUMMARY:
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in the public docket without change and
the comments may be made available
online at https://www.regulations.gov.
Therefore, OSHA cautions you about
submitting personal information such as
social security numbers and birthdates.
For further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Diana Petterson,
Office of Public Affairs, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone (202) 693–1898; e-mail
petterson.diana@dol.gov.
For general and technical
information: Dorothy Dougherty,
Director, OSHA, Directorate of
Standards and Guidance, Room N–3718,
U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone (202) 693–1950.
SUPPLEMENTARY INFORMATION:
References and Exhibits
This notice references documents in
the public docket of this rulemaking
(Docket No. OSHA–2009–0044). They
are available on the Internet at https://
www.regulations.gov, the Federal
eRulemaking Portal. The referenced
documents are identified as ‘‘Ex.’’
followed by the document number. The
document number is the last sequence
of numbers in the Document ID Number
on https://www.regulations.gov. For
example, the proposed rule, which is
Document ID Number OSHA–2009–
0044–0001 at https://
www.regulations.gov, is Ex. 1.
Background
On January 29, 2010, OSHA proposed
to revise its Occupational Injury and
Illness Recording and Reporting
(Recordkeeping) regulation to restore a
column to the OSHA 300 Log that
employers would have to check if a case
they already are required to record
under the existing Recordkeeping rule is
an MSD (Ex. 1; 75 FR 4728 (1/29/2010)).
The proposed rule would not change the
existing Recordkeeping requirements
about when and under what
circumstances employers must record
work-related injuries and illnesses.
Under the existing Recordkeeping rule
(66 FR 5916 (1/19/2001)) employers
already must determine whether a case
is recordable; that is, whether the case
meets the definition of ‘‘injury or
illness,’’ is a new case, is work-related,
and meets at least one of the recording
criteria (e.g., involves days away from
work, restricted work, or medical
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treatment beyond first aid). The only
additional requirement the proposed
rule would impose is for employers to
mark the MSD column box on the
OSHA 300 Log if a case they have
already recorded meets the definition of
an MSD. The proposed rule would
define an MSD, for recordkeeping
purposes only, as a disorder of the of the
muscles, nerves, tendons, ligaments,
joints, cartilage or spinal discs that was
not caused by a slip, trip, fall, motor
vehicle accident or similar accident
(Proposed § 1904.12(b)(1); Ex. 1; 75 FR
4740).
OSHA’s revised 2001 Recordkeeping
rule included an MSD column, but that
provision never became effective and
was deleted in 2003 (68 FR 38601 (6/30/
2003)). In proposing to restore the MSD
column, OSHA explained:
After further consideration and analysis,
OSHA believes that the MSD column would
provide valuable information for maintaining
complete and accurate national occupational
injury and illness statistics; assist OSHA in
targeting its inspection, outreach, guidance,
and enforcement efforts to address MSDs;
and provide easily identifiable information at
the establishment level that will be useful for
both employers and employees (75 FR 4731).
In the proposed rule, OSHA estimated
that 1.505 million recordable MSDs
were expected to occur annually among
the 1.542 million affected
establishments. Therefore, the economic
impact of the proposed rule on any
affected establishment would be quite
small (75 FR 4737). OSHA estimated the
annualized costs of the proposed rule
would be $1.379 million per year for all
affected establishments combined ($4
per establishment the first year and 67
cents in future years). The costs
represent the time that establishments
would need to become familiar with the
rule (5 minutes per establishment the
first year) and to determine if the
recordable case meets the MSD
definition and check the MSD column
(1 minute per MSD annually).
OSHA provided 60 days for
stakeholders to submit comments on the
proposed rule (75 FR 10738 (3/9/2010)),
consistent with Executive Orders 12866
and 13563 (58 FR 51735; 76 FR 3821).
OSHA also held a public meeting on
March 9, 2010, to allow stakeholders to
make oral presentations and question
the Agency about the proposed rule.
The transcript of the public meeting is
in the public docket of this rulemaking
(Ex. 56).
See the notice of proposed rulemaking
(OSHA–2009–0044–0001) for additional
information on the events leading to this
rulemaking and the history of the 2001
Recordkeeping rulemaking as well as a
detailed explanation of the proposed
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Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Proposed Rules
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MSD column provision, OSHA’s reasons
for proposing to restore the MSD
column and the estimated economic
impacts (Ex. 1; 75 FR 4728).
Small Business Teleconferences
On January 25, 2011, OSHA
announced that the Agency had decided
to seek additional input from small
businesses on the impact of the proposal
through outreach in partnership with
the SBA Office of Advocacy and,
therefore, was temporarily withdrawing
the proposed rule from review by the
Office of Management and Budget. On
March 23, 2011, OSHA announced that,
together with the SBA Office of
Advocacy, the Agency would hold three
teleconferences on April 11–12, 2011 to
reach out to small businesses. The
purpose of the teleconferences was to
gather information from small
businesses about their current
recordkeeping practices, including their
experiences recording work-related
MSDs, and the impact they believe the
proposal would have on them. OSHA
also provided the following information
about the teleconferences:
• OSHA and the SBA Office of
Advocacy would select the small
business participants for the
teleconferences;
• The public would be invited to
listen to the teleconferences, but only
selected small businesses could
participate;
• In advance of the teleconferences,
OSHA would provide participants with
background information on the
proposed rule and a list of questions
and issues for discussion;
• The teleconferences would not be
electronically recorded or transcribed;
• OSHA staff would take notes during
the teleconferences and prepare a
summary report that would not identify
the source of specific comments;
• Small business participants also
could send written comments following
the teleconferences; and
• After the teleconferences, OSHA
would reopen the rulemaking record for
the limited purpose of allowing
interested persons, particularly small
business, to comment on the
teleconferences and the issues raised by
the participants (Summary of Comments
from the Small Business
Teleconferences on OSHA’s Proposed
Rule on MSD Recordkeeping
Requirements, Ex. 0139).
Sixteen small businesses, with
employment ranging from about 10 to
more than 400 employees, participated
in the three teleconferences (Summary
of Comments from the Small Business
Teleconferences on OSHA’s Proposed
Rule on MSD Recordkeeping
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Requirements, Appendix A, Ex. 0139).
In addition, dozens of interested
persons listened to the teleconferences
in person or by telephone.
OSHA has prepared a summary of the
participants’ comments during the
teleconferences and has placed the
summary in the public docket for this
rulemaking (Summary of Comments
from the Small Business
Teleconferences on OSHA’s Proposed
Rule on MSD Recordkeeping
Requirements, Ex. 0139). The document
summarizes the topics the participants
discussed, including their current
recordkeeping practices, how they
determine the work-relatedness of
MSDs, how the participants believe the
proposed rule would change their
recordkeeping practices, benefits of the
proposed rule, and other issues the
participants raised. The summary
document also includes the list of
teleconference participants (Summary of
Comments from the Small Business
Teleconferences on OSHA’s Proposed
Rule on MSD Recordkeeping
Requirements Appendix A, Ex. 0139)
and the background materials and list of
discussion issues that OSHA provided
to the small business participants
(Summary of Comments from the Small
Business Teleconferences on OSHA’s
Proposed Rule on MSD Recordkeeping
Requirements, Appendix B, Ex. 0139).
The background materials contain
information on the proposed and
existing recordkeeping requirements,
the need for the proposed rule, updated
cost estimates of the proposed rule and
economic impacts on small businesses,
and OSHA’s existing recordkeeping
forms. Interested persons may read and
download the summary and appendices
at Docket Number OSHA–2009–0044 at
https://www.regulations.gov. The
summary and appendices also are
available on OSHA’s Web page at
https://www.osha.gov.
Public Participation
OSHA invites comment, particularly
from small businesses, on the small
business teleconferences by the
participants. Interested persons must
submit comments by June 16, 2011.
You may submit comments and
attachments by one of the following
methods: (1) Electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by fax;
or (3) by hard copy. All submissions
must identify the Agency name and the
OSHA docket number (Docket No.
OSHA–2009–0044) or RIN number (RIN
No. 1218–AC45) for this rulemaking.
You may supplement electronic
comments by uploading attachments
electronically. If, instead, you wish to
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submit a hard copy of the attachments,
you must submit those materials to the
OSHA Docket Office (see ADDRESSES
section). The additional materials must
clearly identify your electronic
comments by name, date, and docket
number, so OSHA can attach them to
your submission.
Because of security-related
procedures, the use of regular mail may
cause a significant delay in the receipt
of submissions. 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).
Access to Docket
Comments in response to this Federal
Register notice are posted without
change at https://www.regulations.gov.
Therefore, OSHA cautions individuals
about submitting personal information
such as social security numbers and
birthdates. Exhibits referenced in this
Federal Register notice also are posted
at https://www.regulations.gov. Although
all rulemaking documents are listed in
the https://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download through that Web
page. All comments and exhibits,
including copyrighted material, are
available for inspection and copying at
the OSHA Docket Office. Information
about using https://www.regulations.gov
to submit comments and access the
rulemaking docket is available on that
Web page. Contact the OSHA Docket
Office for information about materials
not available through that Web page and
for assistance in using the Internet to
locate docket documents in the
rulemaking docket.
Electronic copies of this Federal
Register notice and the proposed rule
are available at https://
www.regulations.gov. This notice, the
summary of the small business
teleconferences, the proposed rule,
news releases and other relevant
information also are available at OSHA’s
Web page at https://www.osha.gov. For
specific information about OSHA’s
Recordkeeping rule, go the
Recordkeeping page on OSHA’s Web
page.
OSHA will carefully review and
evaluate the comments, information,
and data received in during this limited
reopening as well as all other
information in the rulemaking record, to
determine how to proceed.
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Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Proposed Rules
Authority and Signature
This document was prepared under
the direction of David Michaels, PhD,
MPH, Assistant Secretary of Labor for
Occupational Safety and Health. It is
issued under Sections 8 and 24 of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 657, 673), the
Administrative Procedures Act (5 U.S.C.
553), and Secretary of Labor’s Order No.
4–2010 (75 FR 55355 (9/10/2010)).
Signed at Washington, DC, on May 11,
2011.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2011–11965 Filed 5–16–11; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this proposed
rule, call or e-mail Petty Officer Marceli
Rogoza, Marine Safety Unit Huntington
Coast Guard; telephone 304–733–0198
extension 2137, e-mail
Marceli.A.Rogoza@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Public Participation and Request for
Comments
Coast Guard
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
33 CFR Part 165
[Docket No. USCG–2010–1016]
RIN 1625–AA00
Safety Zone: Ohio River Mile 355.5 to
356.5 Portsmouth, OH
AGENCY:
Submitting Comments
The Coast Guard proposes to
establish a safety zone in the Ohio
Valley Captain of the Port Zone on the
Ohio River in Portsmouth, OH. This
safety zone is proposed to begin at mile
355.5 and end at mile 356.5, extending
the entire width of the river. This Safety
Zone is intended to protect persons and
vessels from the potential safety hazards
associated with the Civic Forum
Fireworks Display, which occurs
annually. This safety zone is proposed
to become a permanent final rule.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 16, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–1016 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–1016),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2010–1016’’ in the ‘‘Keyword’’
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2010–
1016’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before March 27, 2011
using one of the four methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
public meeting, contact Petty Officer
Marceli Rogoza at the telephone number
or e-mail address indicated under the
FOR FURTHER INFORMATION CONTACT
section of this notice.
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[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Proposed Rules]
[Pages 28383-28386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11965]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1904
[Docket No. OSHA-2009-0044]
RIN 1218-AC45
Occupational Injury and Illness Recording and Reporting
Requirements
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
[[Page 28384]]
ACTION: Notice of limited reopening of rulemaking record.
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SUMMARY: OSHA is reopening the rulemaking record to allow interested
persons, particularly small businesses, to comment on the information
gathered and on issues raised during the small business teleconferences
that the Agency and the Small Business Administration's Office of
Advocacy (SBA Office of Advocacy) co-sponsored on April 11-12, 2011.
The purpose of the teleconferences was to gather information from small
businesses about their experiences recording work-related
musculoskeletal disorders (MSDs) and how they believe they would be
impacted by OSHA's proposed rule to revise its Recordkeeping
regulations to restore a column on the OSHA 300 Log that employers
would have to check if a case they already are required to record is an
MSD. The record will remain open for 30 days for comment on these
limited issues.
DATES: Comments must be submitted (postmarked, sent, received) by June
16, 2011.
ADDRESSES: You may submit comments using one of the following methods:
Electronically: You may submit comments and attachments
electronically at https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the on-line instructions for submitting
comments electronically;
Fax: If your comments, including attachments, do not exceed 10
pages, you may fax them to the OSHA Docket Office at (202) 693-1648; or
Mail, hand delivery, express mail, messenger or courier: You may
submit your comments and attachments to the OSHA Docket Office, Docket
Number OSHA-2009-0044, U.S. Department of Labor, Room N-2625, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2525 (TTY number (887) 889-5627). Deliveries (hand, express mail,
messenger, courier) are accepted during the Department of Labor's and
Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., e.t.
Instructions: All submissions must include the docket number
(Docket No. OSHA-2009-0044) or RIN number (RIN No. 1218-AC45) for this
rulemaking. Because of security-related procedures, submitting comments
by regular mail may result in significant delay. Please contact the
OSHA Docket Office for information about security procedures for
submitting comments by hand delivery, express delivery, messenger or
courier service.
OSHA places all comments, including any personal information you
provide, in the public docket without change and the comments may be
made available online at https://www.regulations.gov. Therefore, OSHA
cautions you about submitting personal information such as social
security numbers and birthdates. For further information on submitting
comments, see the ``Public Participation'' heading in the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Diana Petterson, Office of Public Affairs,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone (202) 693-1898; e-mail petterson.diana@dol.gov.
For general and technical information: Dorothy Dougherty, Director,
OSHA, Directorate of Standards and Guidance, Room N-3718, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone (202) 693-1950.
SUPPLEMENTARY INFORMATION:
References and Exhibits
This notice references documents in the public docket of this
rulemaking (Docket No. OSHA-2009-0044). They are available on the
Internet at https://www.regulations.gov, the Federal eRulemaking Portal.
The referenced documents are identified as ``Ex.'' followed by the
document number. The document number is the last sequence of numbers in
the Document ID Number on https://www.regulations.gov. For example, the
proposed rule, which is Document ID Number OSHA-2009-0044-0001 at
https://www.regulations.gov, is Ex. 1.
Background
On January 29, 2010, OSHA proposed to revise its Occupational
Injury and Illness Recording and Reporting (Recordkeeping) regulation
to restore a column to the OSHA 300 Log that employers would have to
check if a case they already are required to record under the existing
Recordkeeping rule is an MSD (Ex. 1; 75 FR 4728 (1/29/2010)). The
proposed rule would not change the existing Recordkeeping requirements
about when and under what circumstances employers must record work-
related injuries and illnesses. Under the existing Recordkeeping rule
(66 FR 5916 (1/19/2001)) employers already must determine whether a
case is recordable; that is, whether the case meets the definition of
``injury or illness,'' is a new case, is work-related, and meets at
least one of the recording criteria (e.g., involves days away from
work, restricted work, or medical treatment beyond first aid). The only
additional requirement the proposed rule would impose is for employers
to mark the MSD column box on the OSHA 300 Log if a case they have
already recorded meets the definition of an MSD. The proposed rule
would define an MSD, for recordkeeping purposes only, as a disorder of
the of the muscles, nerves, tendons, ligaments, joints, cartilage or
spinal discs that was not caused by a slip, trip, fall, motor vehicle
accident or similar accident (Proposed Sec. 1904.12(b)(1); Ex. 1; 75
FR 4740).
OSHA's revised 2001 Recordkeeping rule included an MSD column, but
that provision never became effective and was deleted in 2003 (68 FR
38601 (6/30/2003)). In proposing to restore the MSD column, OSHA
explained:
After further consideration and analysis, OSHA believes that the
MSD column would provide valuable information for maintaining
complete and accurate national occupational injury and illness
statistics; assist OSHA in targeting its inspection, outreach,
guidance, and enforcement efforts to address MSDs; and provide
easily identifiable information at the establishment level that will
be useful for both employers and employees (75 FR 4731).
In the proposed rule, OSHA estimated that 1.505 million recordable
MSDs were expected to occur annually among the 1.542 million affected
establishments. Therefore, the economic impact of the proposed rule on
any affected establishment would be quite small (75 FR 4737). OSHA
estimated the annualized costs of the proposed rule would be $1.379
million per year for all affected establishments combined ($4 per
establishment the first year and 67 cents in future years). The costs
represent the time that establishments would need to become familiar
with the rule (5 minutes per establishment the first year) and to
determine if the recordable case meets the MSD definition and check the
MSD column (1 minute per MSD annually).
OSHA provided 60 days for stakeholders to submit comments on the
proposed rule (75 FR 10738 (3/9/2010)), consistent with Executive
Orders 12866 and 13563 (58 FR 51735; 76 FR 3821). OSHA also held a
public meeting on March 9, 2010, to allow stakeholders to make oral
presentations and question the Agency about the proposed rule. The
transcript of the public meeting is in the public docket of this
rulemaking (Ex. 56).
See the notice of proposed rulemaking (OSHA-2009-0044-0001) for
additional information on the events leading to this rulemaking and the
history of the 2001 Recordkeeping rulemaking as well as a detailed
explanation of the proposed
[[Page 28385]]
MSD column provision, OSHA's reasons for proposing to restore the MSD
column and the estimated economic impacts (Ex. 1; 75 FR 4728).
Small Business Teleconferences
On January 25, 2011, OSHA announced that the Agency had decided to
seek additional input from small businesses on the impact of the
proposal through outreach in partnership with the SBA Office of
Advocacy and, therefore, was temporarily withdrawing the proposed rule
from review by the Office of Management and Budget. On March 23, 2011,
OSHA announced that, together with the SBA Office of Advocacy, the
Agency would hold three teleconferences on April 11-12, 2011 to reach
out to small businesses. The purpose of the teleconferences was to
gather information from small businesses about their current
recordkeeping practices, including their experiences recording work-
related MSDs, and the impact they believe the proposal would have on
them. OSHA also provided the following information about the
teleconferences:
OSHA and the SBA Office of Advocacy would select the small
business participants for the teleconferences;
The public would be invited to listen to the
teleconferences, but only selected small businesses could participate;
In advance of the teleconferences, OSHA would provide
participants with background information on the proposed rule and a
list of questions and issues for discussion;
The teleconferences would not be electronically recorded
or transcribed;
OSHA staff would take notes during the teleconferences and
prepare a summary report that would not identify the source of specific
comments;
Small business participants also could send written
comments following the teleconferences; and
After the teleconferences, OSHA would reopen the
rulemaking record for the limited purpose of allowing interested
persons, particularly small business, to comment on the teleconferences
and the issues raised by the participants (Summary of Comments from the
Small Business Teleconferences on OSHA's Proposed Rule on MSD
Recordkeeping Requirements, Ex. 0139).
Sixteen small businesses, with employment ranging from about 10 to
more than 400 employees, participated in the three teleconferences
(Summary of Comments from the Small Business Teleconferences on OSHA's
Proposed Rule on MSD Recordkeeping Requirements, Appendix A, Ex. 0139).
In addition, dozens of interested persons listened to the
teleconferences in person or by telephone.
OSHA has prepared a summary of the participants' comments during
the teleconferences and has placed the summary in the public docket for
this rulemaking (Summary of Comments from the Small Business
Teleconferences on OSHA's Proposed Rule on MSD Recordkeeping
Requirements, Ex. 0139). The document summarizes the topics the
participants discussed, including their current recordkeeping
practices, how they determine the work-relatedness of MSDs, how the
participants believe the proposed rule would change their recordkeeping
practices, benefits of the proposed rule, and other issues the
participants raised. The summary document also includes the list of
teleconference participants (Summary of Comments from the Small
Business Teleconferences on OSHA's Proposed Rule on MSD Recordkeeping
Requirements Appendix A, Ex. 0139) and the background materials and
list of discussion issues that OSHA provided to the small business
participants (Summary of Comments from the Small Business
Teleconferences on OSHA's Proposed Rule on MSD Recordkeeping
Requirements, Appendix B, Ex. 0139). The background materials contain
information on the proposed and existing recordkeeping requirements,
the need for the proposed rule, updated cost estimates of the proposed
rule and economic impacts on small businesses, and OSHA's existing
recordkeeping forms. Interested persons may read and download the
summary and appendices at Docket Number OSHA-2009-0044 at https://www.regulations.gov. The summary and appendices also are available on
OSHA's Web page at https://www.osha.gov.
Public Participation
OSHA invites comment, particularly from small businesses, on the
small business teleconferences by the participants. Interested persons
must submit comments by June 16, 2011.
You may submit comments and attachments by one of the following
methods: (1) Electronically at https://www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by fax; or (3) by hard copy. All
submissions must identify the Agency name and the OSHA docket number
(Docket No. OSHA-2009-0044) or RIN number (RIN No. 1218-AC45) for this
rulemaking. You may supplement electronic comments by uploading
attachments electronically. If, instead, you wish to submit a hard copy
of the attachments, you must submit those materials to the OSHA Docket
Office (see ADDRESSES section). The additional materials must clearly
identify your electronic comments by name, date, and docket number, so
OSHA can attach them to your submission.
Because of security-related procedures, the use of regular mail may
cause a significant delay in the receipt of submissions. 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).
Access to Docket
Comments in response to this Federal Register notice are posted
without change at https://www.regulations.gov. Therefore, OSHA cautions
individuals about submitting personal information such as social
security numbers and birthdates. Exhibits referenced in this Federal
Register notice also are posted at https://www.regulations.gov. Although
all rulemaking documents are listed in the https://www.regulations.gov
index, some information (e.g., copyrighted material) is not publicly
available to read or download through that Web page. All comments and
exhibits, including copyrighted material, are available for inspection
and copying at the OSHA Docket Office. Information about using https://www.regulations.gov to submit comments and access the rulemaking docket
is available on that Web page. Contact the OSHA Docket Office for
information about materials not available through that Web page and for
assistance in using the Internet to locate docket documents in the
rulemaking docket.
Electronic copies of this Federal Register notice and the proposed
rule are available at https://www.regulations.gov. This notice, the
summary of the small business teleconferences, the proposed rule, news
releases and other relevant information also are available at OSHA's
Web page at https://www.osha.gov. For specific information about OSHA's
Recordkeeping rule, go the Recordkeeping page on OSHA's Web page.
OSHA will carefully review and evaluate the comments, information,
and data received in during this limited reopening as well as all other
information in the rulemaking record, to determine how to proceed.
[[Page 28386]]
Authority and Signature
This document was prepared under the direction of David Michaels,
PhD, MPH, Assistant Secretary of Labor for Occupational Safety and
Health. It is issued under Sections 8 and 24 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 657, 673), the Administrative
Procedures Act (5 U.S.C. 553), and Secretary of Labor's Order No. 4-
2010 (75 FR 55355 (9/10/2010)).
Signed at Washington, DC, on May 11, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-11965 Filed 5-16-11; 8:45 am]
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