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• Publication Date: 02/22/2011
• Publication Type: Notice
• Fed Register #: 76:9815-9817
• Standard Number: 1910.272
• Title: Grain Handling Facilities; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

[Federal Register: February 22, 2011 (Volume 76, Number 35)]
[Notices]               
[Page 9815-9817]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22fe11-115]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0028]

 
Grain Handling Facilities; 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 OMB approval of the information collection requirements 
specified in its Standard on Grain Handling Facilities (29 CFR 
1910.272).

DATES: Comments must be submitted (postmarked, sent, or received) by 
April 25, 2011.

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-2011-0028, 
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 for the Information Collection Request (ICR) (OSHA-2011-
0028). 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 through 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 accordance 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 Standard specifies a number of paperwork requirements. The 
following sections describe who uses the information collected under 
each requirement as well as how they use it. The purpose of the 
requirements is to reduce employees' risk of death or serious injury 
while working in grain handling facilities.
    Paragraph (d) of the Standard requires the employer to develop and 
implement an emergency action plan so that employees will be aware of 
the appropriate actions to take in the event of an emergency.
    Paragraph (e)(1) requires that employers provide training to 
employees at least annually and when changes in job assignment will 
expose them to new hazards.
    Paragraph (f)(1) requires the employer to issue a permit for all 
hot work. Under paragraph (f)(2) the permit shall certify that the 
requirements contained in 1910.272(a) have been implemented prior to 
beginning the hot work operations and shall be kept on file until 
completion of the hot work operation.
    Paragraph (g)(1)(i) requires the employer to issue a permit for 
entering bins, silos, or tanks unless the employer or the employer's 
representative is present during the entire operation. The permit shall 
certify that the precautions contained in paragraph (g) have been 
implemented prior to employees entering bins, silos or tanks and shall 
be kept on file until completion of the entry operations.
    Paragraph (g)(1)(ii) requires that the employer deenergize, 
disconnect, lockout and tag, block-off or otherwise prevent operation 
of all mechanical, electrical, hydraulic, and pneumatic equipment which 
presents a danger to employees inside grain storage structures.
    Paragraphs (i)(1) and (i)(2) require the employer to inform 
contractors performing work at the grain handling facility of known 
potential fire and explosion hazards related to the contractor's work 
and work area and to explain to the contractor the applicable 
provisions of the emergency action plan.
    Paragraph (j)(1) requires the employer to develop and implement a 
written housekeeping program that establishes the frequency and 
method(s) determined best to reduce accumulations of fugitive grain 
dust on ledges, floors, equipment, and other exposed surfaces.
    Under paragraph (m)(1), the employer is required to implement 
preventive maintenance procedures consisting of regularly scheduled 
inspections of at least the mechanical and safety control equipment 
associated with dryers, grain stream processing equipment, dust 
collection equipment including filter collectors, and bucket elevators. 
Paragraph (m)(3) requires a certification be maintained of each 
inspection. Paragraph (m)(4) requires the employer to implement 
procedures for the use of tags and locks which will prevent the 
inadvertent application of energy or motion to equipment being 
repaired, serviced, or adjusted.

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 that OMB extend its approval of the information 
collection requirements contained in the Standard on Grain Handling 
Facilities (29 CFR 1910.272). The Agency is requesting to reduce its 
current burden hour estimate associated with this Standard from 70,355 
hours to 68,762 hours for a total reduction of 1,593 hours. This 
adjustment decrease (based on new data obtained by the Agency) is a 
result of a decline in the number of grain elevators and mills from 
19,791 to 19,121. The Agency will summarize the comments submitted in 
response to this notice and will include this summary in the request to 
OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Grain Handling Facilities Standard (29 CFR 1910.272).
    OMB Number: 1218-0206.
    Affected Public: Business or other for-profits.
    Number of Respondents: 18,804.
    Total Responses: 1,312,126.
    Estimated Time per Response: Varies from 1 minute (.02 hour) to 
maintain certification records to 3 hours to modify action plans/
housekeeping programs/tag and lock procedures.
    Total Burden Hours: 68,762.
    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-2011-0028). 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 date 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, PhD, 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. 4-2010 
(75 FR 55355).

    Signed at Washington, DC, on February 16, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-3877 Filed 2-18-11; 8:45 am]
BILLING CODE 4510-26-P

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