[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18280]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2010-0017]
Occupational Exposure to Noise Standard; Extension of the Office
of Management and Budget's (OMB) Approval of Information Collection
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comments.
SUMMARY: OSHA solicits public comments concerning its proposal to
extend OMB approval of the information collection requirements
specified in the Occupational Exposure to Noise Standard (29 CFR
1910.95). The information collection requirements specified in the
Noise Standard protect workers from suffering material hearing
DATES: Comments must be submitted (postmarked, sent, or received) by
September 30, 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, Docket No. OSHA-2010-0017, 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-2010-
0017). 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: Todd Owen or Theda Kenney, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
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 accord 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 information collection requirements specified in the Noise
Standard protect workers from suffering material hearing impairment.
The Standard requires employers to: Monitor worker exposure to noise
when it is likely that such exposures may equal or exceed 85 decibels
measured on the A scale (dBA) for an 8-hour time-weighted average (TWA)
(action level); take action to reduce noise exposures to the 90 dBA
permissible exposure limit (PEL); and provide an effective hearing
conservation program (HCP) for all workers exposed to noise at a level
greater than, or equal to, a TWA of 85 dBA.
The HCP contains information on: Conducting noise monitoring;
notifying workers when they are exposed at or above an 8-hour time-
weighted average of 85 decibels; providing workers with initial and
annual audiograms; notifying workers of a loss in hearing based on
comparing audiograms; training workers on the effects of noise, hearing
protectors, and audiometric examinations; maintaining records of
workplace noise exposure and workers' audiograms; and allowing OSHA,
workers, and their designated representatives access to materials and
records required by the Standard.
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 decrease of burden hours
associated with the paperwork requirements in the Standard from
2,604,597 hours to 2,068,736 hours (a total decrease of 535,861 hours).
The Agency is also requesting an adjustment decrease in the cost under
Item 13 from $82,190,075 to $26,296,876; a total decrease of
$55,893,199. The Agency determined that it had counted the cost of
worker travel and the cost of worker time under Item 12 in previous
ICRs. Thus, it found that it had been double counting hours under
OSHA has reduced the number of establishments and workers by 19.6%.
The 19.6% reduction reflects that virtually all sectors affected by the
Noise Standard are in manufacturing; and, that the number of workers in
manufacturing has decreased from 13.3 million in 2009 to 10.7 million
Additionally, the Agency has determined that training is not
subject to PRA-95 and has removed the burden hours and cost associated
The Agency is requesting a decrease in the burden hours from
2,604,597 to 2,068,736 hours for a total decrease of 535,861 hours. The
reduction is a result of a 19.6% reduction in the number of workers and
manufacturing establishments. Also, the Agency now assumes that 50% of
small establishment workers will receive audiometric exams via mobile
testing vans. The previous ICR assumed that all small establishment
workers would go off-site to receive their audiometric examination.
OSHA will summarize the comments submitted in response to this
notice, and will include this summary in its request to OMB to extend
the approval of the information collection requirements contained in
the Occupational Exposure to Noise Standard (29 CFR 1910.95).
Type of Review: Extension of a currently approved collection.
Title: Occupational Exposure to Noise (29 CFR 1910.95).
OMB Control Number: 1218-0048.
Affected Public: Business or other for-profits.
Number of Respondents: 209,851.
Total Responses: 16,458,932.
Frequency of Responses: On occasion.
Average Time per Response: Varies from 1 minute (.02 hour) for a
manager to provide a worker with a copy of a referral or notification
of the need for an ontological examination to 1 hour for a worker to
travel to a testing site, take the audiometric exam and return to work.
Estimated Total Burden Hours: 2,068,736.
Estimated Cost (Operation and Maintenance): $26,296,876.
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
e-Rulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other materials must clearly identify the
Agency name and the OSHA docket number for the ICR (Docket No. OSHA-
2010-0017). 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 publically
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 through 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 July 25, 2013.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-18280 Filed 7-29-13; 8:45 am]
BILLING CODE 4510-26-P