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||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
[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06307]
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 and revise the Office of Management and Budget's (OMB) approval
of the information collection requirements contained in the Standard on
Process Safety Management (PSM) of Highly Hazardous Chemicals.
DATES: Comments must be submitted (postmarked, sent, or received) by
May 20, 2016.
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 your comments and attachments
to the OSHA Docket Office, 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 the
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-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 collection of
information 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 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 for 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
implementing 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 that are 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
pertinent provisions of the emergency action plan; maintaining a
contract worker injury and illness log; establishing written procedures
to maintain the integrity of and document inspections and tests of
process equipment; providing information on permits issued for hot work
operations; establishing and implementing written procedures to manage
process 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
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
Whether the proposed collection of information
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 collection of information 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 that OMB approve the proposed extension and
revision of the collections of information contained in OSHA's PSM
Standard. The Agency is requesting a decrease in burden hours of
547,491 hours, from 4,630,107 to 4,082,616 burden hours in the initial
year. There is an "adjustment" reduction of 726,317 hours as a result
of reducing the number of establishments and processes covered in the
existing ICR. This reduction is offset by a "program change" increase
of 178,826 burden hours. The burden hour increase mainly results from
this ICR including additional establishments as a result of OSHA (1)
revising its interpretation of the Standard's retail exemption, and (2)
revising its enforcement policy on the minimum concentration of a
chemical in a process needed in order to count that chemical toward the
threshold quantity levels that trigger coverage under the PSM Standard.
In subsequent years, OSHA seeks a 2,195,202 burden hours increase
from the initial proposed burden hours from 4,082,616 to 6,277,818 as a
result of including retail exemption and concentration change
establishments in recurring collections of information such as updating
and revalidating process hazard analyses.
Type of Review: Revision of a currently approved collection.
Title: Process Safety Management of Highly Hazardous Chemicals
(PSM) (29 CFR 1910.119).
OMB Control Number: 1218-0200.
Affected Public: Businesses or other for-profits.
Number of Respondents: Initial 11,114; Recurring: 11,114.
Frequency of Response: On Occasion: Annually.
Total Responses: Initial 833,007; Recurring 832,608.
Average Time per Response: Time varies per response from three
minutes (.05 hour) to generate and maintain an employee training record
to 55 hours per process for large establishments to develop written
management of change procedures and update process safety operating
Estimated Total Burden Hours: Initial 4,082,616; Recurring
Estimated Cost (Operation and Maintenance (capital)): $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; or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number (OSHA-2012-0039) for this ICR. 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 their social security number
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 from 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 from 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 March 16, 2016.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-06307 Filed 3-18-16; 8:45 am]
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