Occupational Injury and Illness Recording and Reporting Requirements-NAICS Update and Reporting Revisions, 59952-59953 [2011-24779]

Download as PDF 59952 Federal Register / Vol. 76, No. 188 / Wednesday, September 28, 2011 / Proposed Rules SUMMARY: OSHA is reopening the TABLE 1—S/NS OF AFFECTED FUEL PRESSURE REGULATORS, P/N rulemaking record to allow interested persons to comment on OSHA’s 887130—Continued 100338 through 100340 100342 through 100345 100348. 100350 through 100355 100357 through 100363 100365 through 100368 100371 and 100372. 100374 through 100376 100379 and 100380. 100395 and 100396. inclusive. inclusive. inclusive. inclusive. inclusive. inclusive. FAA AD Differences (h) This AD differs from the Mandatory Continuing Airworthiness Information (MCAI) by the compliance time. The MCAI requires replacing the fuel pressure regulator within 100 FH or 6 months after the effective date of EASA AD 2011–0082, dated May 10, 2011. This AD requires replacing the fuel pressure regulator within 100 FH after the effective date of this AD. Alternative Methods of Compliance (AMOCs) (i) The Manager, Engine Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information (j) Refer to MCAI Airworthiness Directive 2011–0082, dated May 10, 2011, for related information. (k) Contact Mark Riley, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: mark.riley@faa.gov; phone: 781–238–7758; fax: 781–238–7199, for more information about this AD. Issued in Burlington, Massachusetts, on September 21, 2011. Peter A. White, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 2011–24842 Filed 9–27–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1904 [Docket No. OSHA–2010–0019] srobinson on DSK4SPTVN1PROD with PROPOSALS RIN 1218–AC50 Occupational Injury and Illness Recording and Reporting Requirements—NAICS Update and Reporting Revisions Occupational Safety and Health Administration (OSHA), Labor. ACTION: Proposed rule; Notice of reopening of rulemaking record. AGENCY: VerDate Mar<15>2010 17:03 Sep 27, 2011 Jkt 223001 proposal to update Appendix A to Subpart B of its Injury and Illness Recording and Reporting regulation and the proposed requirement to report to OSHA, within eight hours, all workrelated fatalities and all work-related inpatient hospitalizations; and within 24 hours, all work-related amputations. The docket is being reopened in response to a request made by the National Automobile Dealers Association. The record will remain open for 30 days. DATES: Written comments: Comments must be submitted by October 28, 2011. ADDRESSES: Written comments: You may submit comments, identified by docket number OSHA–2010–0019, or regulatory information number (RIN) 1218–AC50, by any of the following methods: Electronically: You may submit comments electronically at https:// www.regulations.gov, which is the Federal e-rulemaking portal. Follow the instructions on the Web site for making electronic submissions; Fax: If your submission, including attachments, does not exceed 10 pages, you may fax it to the OSHA docket office at (202) 693–1648; or Mail, hand delivery, express mail, messenger, or courier service: You must submit three copies of your comments and attachments to the OSHA Docket Office, Docket Number OSHA–2010– 0019, U.S. Department of Labor, Room N–2625, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693–2350 (OSHA’s TTY number is (877) 889–5627). 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.–4:45 p.m. Instructions for submitting comments: All submissions must include the docket number (Docket No. OSHA– 2010–0019) or the RIN (RIN 1218–AC50) for this rulemaking. Because of securityrelated procedures, submission by regular mail may result in significant delay. Please contact the OSHA docket office for information about security procedures for making submissions by hand delivery, express delivery, and messenger or courier service. All comments, including any personal information you provide, are placed in the public docket without change and 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. PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 Docket: To read or download submissions in response to this Federal Register notice, go to docket number OSHA–2010–0019, at https:// regulations.gov. All submissions are listed in the https://regulations.gov index, however, some information (e.g., copyrighted material) is not publicly available to read or download through that Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA docket office. Electronic copies of this Federal Register document are available at https://www.regulations.gov. This document, as well as news releases and other relevant information, is available at OSHA’s Web site at https:// www.osha.gov. FOR FURTHER INFORMATION CONTACT: For press inquiries: Mr. Frank Meilinger, OSHA Office of Communications, Room N–3647, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693–1999. For general and technical information on the proposed rule: Mr. David Schmidt, OSHA Office of Statistical Analysis, Room N–3641, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693–2400. SUPPLEMENTARY INFORMATION: OSHA’s current regulation at Section 1904.2 partially exempts certain lower-hazard industries classified in Standard Industrial Classification (SIC) codes 52 through 89 from injury and illness recordkeeping requirements. Lower hazard industries are those industries with an average Days Away, Restricted, or Transferred (DART) rate at or below 75 percent of the national average DART rate. The DART rate represents the total non-fatal injuries and illnesses resulting in days away from work, restricted work activity, and/or job transfer per 100 fulltime employees for a given period of time (usually 1 year). The current list of partially exempt industries, which is included in Appendix A to Subpart B, is based on injury and illness data compiled by the Bureau of Labor Statistics (BLS) for 1997, 1998 and 1999. OSHA is proposing to revise the list of partially exempt industries in Appendix A using the North American Industry Classification System (NAICS). The revised list in proposed Appendix A is based on DART rates compiled by BLS for 2007, 2008 and 2009. Industries listed in proposed Appendix A would still be required to keep records if requested to do so by BLS in connection with its Annual Survey (29 CFR 1904.42), or by OSHA in connection E:\FR\FM\28SEP1.SGM 28SEP1 Federal Register / Vol. 76, No. 188 / Wednesday, September 28, 2011 / Proposed Rules with its Data Initiative (29 CFR 1904.41). OSHA is also proposing to revise Section 1904.39, which currently requires an employer to report to OSHA, within eight hours, all work-related fatalities and in-patient hospitalizations of three or more employees. The proposed rule would require an employer to report to OSHA, within eight hours, all work-related fatalities and all work-related in-patient hospitalizations; and within 24 hours, all work-related amputations. This regulation was developed in accordance with the principles of Executive Order 12866 and Executive Order 13563. Executive Order 12866 requires that OSHA estimate the benefits, costs, and net benefits of proposed regulations. The Agency estimates the regulation will cost approximately $8.5 million, on an annualized basis. As discussed elsewhere in this preamble, the Agency believes the annual benefits, while unquantified, are significantly in excess of the annual costs. srobinson on DSK4SPTVN1PROD with PROPOSALS Background On June 22, 2011 OSHA proposed to update Appendix A to Subpart B of its Injury and Illness Recording and Reporting regulation. See 76 FR 36414. The Notice of Proposed Rulemaking (NPRM) also contained a proposed requirement to report to OSHA, within eight hours, all work-related fatalities and all work-related in-patient hospitalizations; and within 24 hours, all work-related amputations. The comment period for the NPRM ran through September 20, 2011. On September 16, 2011 OSHA received a request to extend the comment period through October 20, 2011. The National Automobile Dealers Association requested this extension to provide them more time to evaluate the Bureau of Labor Statistics injury and illness data used for the proposed industry exemption analysis. OSHA has agreed to this request. The docket is being reopened for comment for an additional 30 days. Public Submissions OSHA invites comment on all aspects of the proposed rule. OSHA specifically encourages comment on the questions raised in the issues and potential alternatives sections of this preamble. Interested persons must submit comments by October 28, 2011. The Agency will carefully review and evaluate all comments, information, and data, as well as all other information in the rulemaking record, to determine how to proceed. VerDate Mar<15>2010 17:03 Sep 27, 2011 Jkt 223001 You may submit comments in response to this document (1) electronically at https:// www.regulations.gov, which is the Federal e-rulemaking portal; (2) by fax; or (3) by hard copy. All submissions must identify the Agency name and the OSHA docket number (Docket No. OSHA–2010–0019) or RIN (RIN No. 1218–AC50) for this rulemaking. You may supplement electronic submissions by uploading document files electronically. If, instead, you wish to mail additional materials in reference to an electronic or fax submission, you must submit three copies 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 comments. 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 at https:// www.regulations.gov, the Federal erulemaking portal. Therefore, OSHA cautions individuals about submitting personal information such as social security numbers and birthdates. Although submissions 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 site. All comments and exhibits, including copyrighted material, are available for inspection and copying at the OSHA docket office. Information on using https://www.regulations.gov to submit comments and access dockets is available on that Web site. 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. Electronic copies of this Federal Register document are available at https://www.regulations.gov. This document, as well as 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. PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 59953 Authority and Signature This document was prepared under the direction of Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. It is issued under Sections 8 and 24 of the Occupational Safety and Health Act (29 U.S.C. 657, 673), 5 U.S.C. 553, and Secretary of Labor’s Order 4–2010 (75 FR 55355, 9/10/2010). Signed at Washington, DC, on September 22, 2011. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2011–24779 Filed 9–27–11; 8:45 am] BILLING CODE 4510–26–P LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2011–6] Designation of Agent To Receive Notification of Claimed Infringement Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking and request for comments. AGENCY: The Copyright Office is issuing this Notice of Proposed Rulemaking to solicit public comment on proposals to update its interim regulations governing the designation by online service providers of agents to receive notifications of claimed copyright infringement as provided for in the Copyright Act. DATES: Written comments are due November 28, 2011. Reply comments are due December 27, 2011. ADDRESSES: The Copyright Office strongly prefers that comments be submitted electronically. A comment page containing a comment form is posted on the Copyright Office Web site at https://www.copyright.gov/onlinesp/ NPR. The online form contains fields for required information including the name and organization of the commenter, as applicable, and the ability to upload comments as an attachment. To meet accessibility standards, all comments must be uploaded in a single file in either the Adobe Portable Document File (PDF) format that contains searchable, accessible text (not an image); Microsoft Word; WordPerfect; Rich Text Format (RTF); or ASCII text file format (not a scanned document). The maximum file size is 6 megabytes (MB). The name of SUMMARY: E:\FR\FM\28SEP1.SGM 28SEP1

Agencies

[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Proposed Rules]
[Pages 59952-59953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24779]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1904

[Docket No. OSHA-2010-0019]
RIN 1218-AC50


Occupational Injury and Illness Recording and Reporting 
Requirements--NAICS Update and Reporting Revisions

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Proposed rule; Notice of reopening of rulemaking record.

-----------------------------------------------------------------------

SUMMARY: OSHA is reopening the rulemaking record to allow interested 
persons to comment on OSHA's proposal to update Appendix A to Subpart B 
of its Injury and Illness Recording and Reporting regulation and the 
proposed requirement to report to OSHA, within eight hours, all work-
related fatalities and all work-related in-patient hospitalizations; 
and within 24 hours, all work-related amputations. The docket is being 
reopened in response to a request made by the National Automobile 
Dealers Association. The record will remain open for 30 days.

DATES: Written comments: Comments must be submitted by October 28, 
2011.

ADDRESSES:
    Written comments: You may submit comments, identified by docket 
number OSHA-2010-0019, or regulatory information number (RIN) 1218-
AC50, by any of the following methods:
    Electronically: You may submit comments electronically at https://www.regulations.gov, which is the Federal e-rulemaking portal. Follow 
the instructions on the Web site for making electronic submissions;
    Fax: If your submission, including attachments, does not exceed 10 
pages, you may fax it to the OSHA docket office at (202) 693-1648; or
    Mail, hand delivery, express mail, messenger, or courier service: 
You must submit three copies of your comments and attachments to the 
OSHA Docket Office, Docket Number OSHA-2010-0019, U.S. Department of 
Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210; 
telephone (202) 693-2350 (OSHA's TTY number is (877) 889-5627). 
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.-4:45 p.m.
    Instructions for submitting comments: All submissions must include 
the docket number (Docket No. OSHA-2010-0019) or the RIN (RIN 1218-
AC50) for this rulemaking. Because of security-related procedures, 
submission by regular mail may result in significant delay. Please 
contact the OSHA docket office for information about security 
procedures for making submissions by hand delivery, express delivery, 
and messenger or courier service.
    All comments, including any personal information you provide, are 
placed in the public docket without change and 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.
    Docket: To read or download submissions in response to this Federal 
Register notice, go to docket number OSHA-2010-0019, at https://regulations.gov. All submissions are listed in the https://regulations.gov index, however, some information (e.g., copyrighted 
material) is not publicly available to read or download through that 
Web site. All submissions, including copyrighted material, are 
available for inspection and copying at the OSHA docket office.
    Electronic copies of this Federal Register document are available 
at  https://www.regulations.gov. This document, as well as news releases 
and other relevant information, is available at OSHA's Web site at 
https://www.osha.gov.

FOR FURTHER INFORMATION CONTACT: 

For press inquiries: Mr. Frank Meilinger, OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210; telephone (202) 693-1999.
For general and technical information on the proposed rule: Mr. David 
Schmidt, OSHA Office of Statistical Analysis, Room N-3641, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210; telephone (202) 693-2400.

SUPPLEMENTARY INFORMATION: OSHA's current regulation at Section 1904.2 
partially exempts certain lower-hazard industries classified in 
Standard Industrial Classification (SIC) codes 52 through 89 from 
injury and illness recordkeeping requirements. Lower hazard industries 
are those industries with an average Days Away, Restricted, or 
Transferred (DART) rate at or below 75 percent of the national average 
DART rate. The DART rate represents the total non-fatal injuries and 
illnesses resulting in days away from work, restricted work activity, 
and/or job transfer per 100 full-time employees for a given period of 
time (usually 1 year). The current list of partially exempt industries, 
which is included in Appendix A to Subpart B, is based on injury and 
illness data compiled by the Bureau of Labor Statistics (BLS) for 1997, 
1998 and 1999.
    OSHA is proposing to revise the list of partially exempt industries 
in Appendix A using the North American Industry Classification System 
(NAICS). The revised list in proposed Appendix A is based on DART rates 
compiled by BLS for 2007, 2008 and 2009. Industries listed in proposed 
Appendix A would still be required to keep records if requested to do 
so by BLS in connection with its Annual Survey (29 CFR 1904.42), or by 
OSHA in connection

[[Page 59953]]

with its Data Initiative (29 CFR 1904.41).
    OSHA is also proposing to revise Section 1904.39, which currently 
requires an employer to report to OSHA, within eight hours, all work-
related fatalities and in-patient hospitalizations of three or more 
employees. The proposed rule would require an employer to report to 
OSHA, within eight hours, all work-related fatalities and all work-
related in-patient hospitalizations; and within 24 hours, all work-
related amputations.
    This regulation was developed in accordance with the principles of 
Executive Order 12866 and Executive Order 13563. Executive Order 12866 
requires that OSHA estimate the benefits, costs, and net benefits of 
proposed regulations. The Agency estimates the regulation will cost 
approximately $8.5 million, on an annualized basis. As discussed 
elsewhere in this preamble, the Agency believes the annual benefits, 
while unquantified, are significantly in excess of the annual costs.

Background

    On June 22, 2011 OSHA proposed to update Appendix A to Subpart B of 
its Injury and Illness Recording and Reporting regulation. See 76 FR 
36414. The Notice of Proposed Rulemaking (NPRM) also contained a 
proposed requirement to report to OSHA, within eight hours, all work-
related fatalities and all work-related in-patient hospitalizations; 
and within 24 hours, all work-related amputations. The comment period 
for the NPRM ran through September 20, 2011. On September 16, 2011 OSHA 
received a request to extend the comment period through October 20, 
2011. The National Automobile Dealers Association requested this 
extension to provide them more time to evaluate the Bureau of Labor 
Statistics injury and illness data used for the proposed industry 
exemption analysis. OSHA has agreed to this request. The docket is 
being reopened for comment for an additional 30 days.

Public Submissions

    OSHA invites comment on all aspects of the proposed rule. OSHA 
specifically encourages comment on the questions raised in the issues 
and potential alternatives sections of this preamble. Interested 
persons must submit comments by October 28, 2011. The Agency will 
carefully review and evaluate all comments, information, and data, as 
well as all other information in the rulemaking record, to determine 
how to proceed.
    You may submit comments in response to this document (1) 
electronically at https://www.regulations.gov, which is the Federal e-
rulemaking portal; (2) by fax; or (3) by hard copy. All submissions 
must identify the Agency name and the OSHA docket number (Docket No. 
OSHA-2010-0019) or RIN (RIN No. 1218-AC50) for this rulemaking. You may 
supplement electronic submissions by uploading document files 
electronically. If, instead, you wish to mail additional materials in 
reference to an electronic or fax submission, you must submit three 
copies 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 
comments.
    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 at 
https://www.regulations.gov, the Federal e-rulemaking portal. Therefore, 
OSHA cautions individuals about submitting personal information such as 
social security numbers and birthdates. Although submissions 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 site. All comments and exhibits, including copyrighted 
material, are available for inspection and copying at the OSHA docket 
office. Information on using https://www.regulations.gov to submit 
comments and access dockets is available on that Web site. 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.
    Electronic copies of this Federal Register document are available 
at https://www.regulations.gov. This document, as well as 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.

Authority and Signature

    This document was prepared under the direction of Dr. David 
Michaels, Assistant Secretary of Labor for Occupational Safety and 
Health. It is issued under Sections 8 and 24 of the Occupational Safety 
and Health Act (29 U.S.C. 657, 673), 5 U.S.C. 553, and Secretary of 
Labor's Order 4-2010 (75 FR 55355, 9/10/2010).

    Signed at Washington, DC, on September 22, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-24779 Filed 9-27-11; 8:45 am]
BILLING CODE 4510-26-P
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