[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Notices]
[Pages 66638-66639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27043]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0039]


The Standard on Process Safety Management of Highly Hazardous 
Chemicals; 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.

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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 
Process Safety Management of Highly Hazardous Chemicals.

DATES: Comments must be submitted (postmarked, sent, or received) by 
January 7, 2013.

ADDRESSES: 
    Electronically: You may submit comments and attachments 
electronically at http://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, OSHA Docket No. OSHA-2012-0039, 
U.S. Department of Labor, Occupational Safety and Health 
Administration, Room N-2625, 200 Constitution Avenue NW., Washington, 
DC 20210. Deliveries (hand, express mail, messenger, and courier 
service) are accepted during the Department of Labor's and Docket 
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA 
docket number (OSHA-2012-0039) 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 http://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 http://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 http://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-3468, 
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 accordance with the Paperwork Reduction Act 
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that 
information is in the desired format, reporting burden (time and costs) 
is minimal, collection instruments are clearly understood, and OSHA's 
estimate of the information collection burden is accurate. The 
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 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 collections of information in the Standard are necessary for 
implementation of the requirements of the Standard. The information is 
used by employers to ensure that processes using highly hazardous 
chemicals with the potential of a catastrophic release are operated as 
safely as possible. The employer must thoroughly consider all facets of 
a process, as well as the involvement of employees in that process. 
Employers analyze processes so that they can identify, evaluate and 
control problems that could lead to a major release, fire, or 
explosion.
    The major information collection requirements in this Standard 
include: Consulting with workers and their representatives on and 
providing them access to process hazard analyses and the development of 
other elements of the standard; developing a written action plan for 
implementation of employee participation in process hazard analyses and 
other elements of the standard; completing a compilation of written 
process safety information; performing a process hazard analysis; 
documenting actions taken to resolve process hazard analysis team 
findings and recommendations; updating, revalidating and retaining the 
process hazard analysis; developing and implementing written operating

[[Page 66639]]

procedures and making these procedures accessible to workers; reviewing 
operating procedures as often as necessary and certifying the 
procedures annually; developing and implementing safe work practices; 
preparing training records; informing contract employers of known 
hazards and applicable provisions of the emergency action plan; 
maintaining a contract worker injury and illness log; establishing 
written procedures to maintain the integrity of and documenting 
inspections and tests of process equipment; providing information on 
permits issued for hot work operations; establishing and implementing 
written procedures to manage changes; preparing reports at the 
conclusion of incident investigations, documenting resolutions and 
corrective measures, and reviewing the reports with affected personnel; 
establishing and implementing an emergency action plan; developing a 
compliance audit report and certifying compliance; and disclosing 
information necessary to comply with the Standard to persons 
responsible for compiling process safety information.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements 
are necessary for the proper performance of the Agency's functions, 
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and 
costs) of the information collection requirements, including the 
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information 
collected; and
     Ways to minimize the burden on employers who must comply; 
for example, by using automated or other technological information 
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting an adjustment increase in burden hours from 
4,795,505 hours to 4,862,147 hours (a total increase of 66,642 hours). 
Although the number of estimated establishments and employees covered 
by the Standard decreased based on updated data, the estimated number 
of new and existing PSM processes increased, resulting in a burden hour 
increase.
    Type of Review: Extension of a currently approved collection.
    Title: The Standard on Process Safety Management of Highly 
Hazardous Chemicals (29 CFR 1910.119).
    OMB Number: 1218-0200.
    Affected Public: Business or other for-profits; Federal Government; 
State, Local or Tribal Government.
    Number of Respondents: 7,642.
    Frequency of Response: On occasion; Annually.
    Total Responses: 745,316.
    Average Time per Response: Varies from three minutes to generate 
and maintain training records to 2,454 hours to establish and implement 
a management-of-change program.
    Estimated Total Burden Hours: 4,862,147.
    Estimated Cost (Operation and Maintenance): $0.

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 http://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-2012-0039). 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 http://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 http://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 http://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 1, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-27043 Filed 11-5-12; 8:45 am]
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