[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27043]
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.
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.
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
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
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-
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
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
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
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
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.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-27043 Filed 11-5-12; 8:45 am]
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