Standard on 4,4'-Methylenedianiline in Construction; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements, 68849-68850 [2012-27856]
Download as PDF
Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Notices
4975(c)(2) of the Code does not relieve
a fiduciary or other party in interest or
disqualified person from certain other
provisions of the Act and/or the Code,
including any prohibited transaction
provisions to which the exemption does
not apply and the general fiduciary
responsibility provisions of section 404
of the Act, which, among other things,
require a fiduciary to discharge his
duties respecting the plan solely in the
interest of the participants and
beneficiaries of the plan and in a
prudent fashion in accordance with
section 404(a)(1)(b) of the Act; nor does
it affect the requirement of section
401(a) of the Code that the plan must
operate for the exclusive benefit of the
employees of the employer maintaining
the plan and their beneficiaries;
(2) Before an exemption may be
granted under section 408(a) of the Act
and/or section 4975(c)(2) of the Code,
the Department must find that the
exemption is administratively feasible,
in the interests of the plan and of its
participants and beneficiaries, and
protective of the rights of participants
and beneficiaries of the plan;
(3) The proposed exemptions, if
granted, will be supplemental to, and
not in derogation of, any other
provisions of the Act and/or the Code,
including statutory or administrative
exemptions and transitional rules.
Furthermore, the fact that a transaction
is subject to an administrative or
statutory exemption is not dispositive of
whether the transaction is in fact a
prohibited transaction; and
(4) The proposed exemptions, if
granted, will be subject to the express
condition that the material facts and
representations contained in each
application are true and complete, and
that each application accurately
describes all material terms of the
transaction which is the subject of the
exemption.
Signed at Washington, DC, this 9th day of
November, 2012.
Lyssa E. Hall,
Director of Exemption Determinations,
Employee Benefits Security Administration,
U.S. Department of Labor.
mstockstill on DSK4VPTVN1PROD with NOTICES
[FR Doc. 2012–27849 Filed 11–15–12; 8:45 am]
BILLING CODE 4510–29–P
VerDate Mar<15>2010
15:43 Nov 15, 2012
Jkt 229001
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2012–0031]
Standard on 4,4’—Methylenedianiline
in Construction; Extension of the
Office of Management and Budget’s
(OMB) Approval of Information
Collection (Paperwork) Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:
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 Standard on 4,4’—
Methylenedianiline in Construction (29
CFR 1926.60).
DATES: Comments must be submitted
(postmarked, sent, or received) by
January 15, 2013.
ADDRESSES: Electronically: You may
submit comments and attachments
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
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, Docket No.
OSHA–2012–0031, Occupational Safety
and Health Administration, U.S.
Department of Labor, 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–2012–0031) 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 https://www.regulations.gov.
For further information on submitting
comments see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
Docket: To read or download
comments or other material in the
SUMMARY:
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
68849
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket (including this Federal Register
notice) are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download from 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–3609, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone (202)
693–2222.
SUPPLEMENTARY INFORMATION:
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 accord with the
Paperwork Reduction Act of 1995 (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. 651 et
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).
The information collection
requirements specified in the 4,4’Methylenedianiline Standard for
Construction (the ‘‘MDA Standard’’) (29
CFR 1926.60) protect workers from the
adverse health effects that may result
from their exposure to MDA, including
cancer, liver and skin disease. The
major paperwork requirements specify
that employers must perform initial,
periodic, and additional exposure
E:\FR\FM\16NON1.SGM
16NON1
mstockstill on DSK4VPTVN1PROD with NOTICES
68850
Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Notices
monitoring; notify each worker in
writing of their results, as soon as
possible but no longer than 5 days after
receiving exposure monitoring results;
and routinely inspect the hands, face,
and forearms of each worker potentially
exposed to MDA for signs of dermal
exposure to MDA. Employers must also:
establish a written compliance program;
institute a respiratory protection
program in accordance with 29 CFR
1910.134 (OSHA’s Respiratory
Protection Standard); and develop a
written emergency plan for any
construction operation that could have
an emergency (i.e., an unexpected and
potentially hazardous release of MDA).
Employers must label any material or
products containing MDA, including
containers used to store MDAcontaminated protective clothing and
equipment. They also must inform
personnel who launder MDAcontaminated clothing of the
requirement to prevent release of MDA,
while personnel who launder or clean
MDA-contaminated protective clothing
or equipment must receive information
about the potentially harmful effects of
MDA. In addition, employers are to post
warning signs at entrances or
accessways to regulated areas, as well as
train workers exposed to MDA at the
time of their initial assignment, and at
least annually thereafter.
Other paperwork provisions of the
MDA Standard require employers to
provide workers with medical
examinations, including initial,
periodic, emergency and follow-up
examinations. As part of the medical
surveillance program, employers must
ensure that the examining physician
receives specific written information,
and that they obtain from the physician
a written opinion regarding the worker’s
medical results and exposure
limitations.
The MDA Standard also specifies that
employers are to establish and maintain
exposure monitoring and medical
surveillance records for each worker
who is subject to these respective
requirements, make any required record
available to OSHA compliance officers
and the National Institute for
Occupational Safety and Health
(NIOSH) for examination and copying,
and provide exposure monitoring and
medical surveillance records to workers
and their designated 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
VerDate Mar<15>2010
15:43 Nov 15, 2012
Jkt 229001
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
The Agency is requesting that it retain
its previous burden hour request of
1,029 hours. As reported by the
Consumer Price Index (CPI) there was a
9.1% inflation from 2007 to 2010.
Therefore, there is an overall increase in
capital costs of $5,640 (from $62,838 to
$68,478). This adjustment is a result of
an increase in the estimated cost of
medical examinations from $168 to
$183. Also, there is an increase in the
estimated cost of laboratory airborne
sample analysis from $107 to $117.
The Agency will summarize the
comments submitted in response to this
notice and will include this summary in
the request to OMB to extend the
approval of the information collection
requirements contained in the Standard.
Type of Review: Extension of a
currently approved collection.
Title: 4,4’- Methylenedianiline in
Construction Standard (29 CFR
1926.60).
OMB Control Number: 1218–0183.
Affected Public: Business or other forprofits; Not-for-profit organizations;
Federal Government; State, Local, or
Tribal Government.
Number of Respondents: 330.
Total Responses: 2,631.
Frequency: On occasion.
Average Time per Response: Varies
from 5 minutes (.08 hour) for employers
to provide information to the physician
to 2 hours for initial monitoring.
Estimated Total Burden Hours: 1,029.
Estimated Cost (Operation and
Maintenance): $68,478.
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 https://
www.regulations.gov, 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–2012–0031).
PO 00000
Frm 00120
Fmt 4703
Sfmt 9990
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
titled ADDRESSES). 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 https://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and dates of birth.
Although all 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 this Web site.
All submissions, including
copyrighted material, are available for
inspection and copying at the OSHA
Docket Office. Information on using the
https://www.regulations.gov Web 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, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health,
directed the preparation of this notice.
The authority for this notice is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of
Labor’s Order No. 1–2012 (77 FR 3912).
Signed at Washington, DC, on November
13, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2012–27856 Filed 11–15–12; 8:45 am]
BILLING CODE 4510–26–P
E:\FR\FM\16NON1.SGM
16NON1
Agencies
[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Notices]
[Pages 68849-68850]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27856]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2012-0031]
Standard on 4,4'--Methylenedianiline in Construction; 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 Standard on 4,4'--
Methylenedianiline in Construction (29 CFR 1926.60).
DATES: Comments must be submitted (postmarked, sent, or received) by
January 15, 2013.
ADDRESSES: Electronically: You may submit comments and attachments
electronically at https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
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, Docket No. OSHA-2012-0031,
Occupational Safety and Health Administration, U.S. Department of
Labor, 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-2012-0031) 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 https://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the https://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from 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-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.
SUPPLEMENTARY INFORMATION:
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 accord with the Paperwork Reduction Act of
1995 (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. 651 et 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).
The information collection requirements specified in the 4,4'-
Methylenedianiline Standard for Construction (the ``MDA Standard'') (29
CFR 1926.60) protect workers from the adverse health effects that may
result from their exposure to MDA, including cancer, liver and skin
disease. The major paperwork requirements specify that employers must
perform initial, periodic, and additional exposure
[[Page 68850]]
monitoring; notify each worker in writing of their results, as soon as
possible but no longer than 5 days after receiving exposure monitoring
results; and routinely inspect the hands, face, and forearms of each
worker potentially exposed to MDA for signs of dermal exposure to MDA.
Employers must also: establish a written compliance program; institute
a respiratory protection program in accordance with 29 CFR 1910.134
(OSHA's Respiratory Protection Standard); and develop a written
emergency plan for any construction operation that could have an
emergency (i.e., an unexpected and potentially hazardous release of
MDA).
Employers must label any material or products containing MDA,
including containers used to store MDA-contaminated protective clothing
and equipment. They also must inform personnel who launder MDA-
contaminated clothing of the requirement to prevent release of MDA,
while personnel who launder or clean MDA-contaminated protective
clothing or equipment must receive information about the potentially
harmful effects of MDA. In addition, employers are to post warning
signs at entrances or accessways to regulated areas, as well as train
workers exposed to MDA at the time of their initial assignment, and at
least annually thereafter.
Other paperwork provisions of the MDA Standard require employers to
provide workers with medical examinations, including initial, periodic,
emergency and follow-up examinations. As part of the medical
surveillance program, employers must ensure that the examining
physician receives specific written information, and that they obtain
from the physician a written opinion regarding the worker's medical
results and exposure limitations.
The MDA Standard also specifies that employers are to establish and
maintain exposure monitoring and medical surveillance records for each
worker who is subject to these respective requirements, make any
required record available to OSHA compliance officers and the National
Institute for Occupational Safety and Health (NIOSH) for examination
and copying, and provide exposure monitoring and medical surveillance
records to workers and their designated 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
The Agency is requesting that it retain its previous burden hour
request of 1,029 hours. As reported by the Consumer Price Index (CPI)
there was a 9.1% inflation from 2007 to 2010. Therefore, there is an
overall increase in capital costs of $5,640 (from $62,838 to $68,478).
This adjustment is a result of an increase in the estimated cost of
medical examinations from $168 to $183. Also, there is an increase in
the estimated cost of laboratory airborne sample analysis from $107 to
$117.
The Agency will summarize the comments submitted in response to
this notice and will include this summary in the request to OMB to
extend the approval of the information collection requirements
contained in the Standard.
Type of Review: Extension of a currently approved collection.
Title: 4,4'- Methylenedianiline in Construction Standard (29 CFR
1926.60).
OMB Control Number: 1218-0183.
Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, Local, or Tribal Government.
Number of Respondents: 330.
Total Responses: 2,631.
Frequency: On occasion.
Average Time per Response: Varies from 5 minutes (.08 hour) for
employers to provide information to the physician to 2 hours for
initial monitoring.
Estimated Total Burden Hours: 1,029.
Estimated Cost (Operation and Maintenance): $68,478.
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 https://www.regulations.gov, 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-2012-0031). 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 titled ADDRESSES).
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 https://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all 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 this
Web site.
All submissions, including copyrighted material, are available for
inspection and copying at the OSHA Docket Office. Information on using
the https://www.regulations.gov Web 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, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).
Signed at Washington, DC, on November 13, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-27856 Filed 11-15-12; 8:45 am]
BILLING CODE 4510-26-P