DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

RIN 1218-AA95

Methylene Chloride; Approval of Information Collection Requirements; Extension of Start-up Dates

AGENCY: Occupational Safety and Health Administration (OSHA), Department of Labor.

ACTION: Final Rule; Amendment; Announcement of the OMB Approval of Information Collection Requirements; Extension of Start-up Dates for Compliance.

SUMMARY: The Occupational Safety and Health Administration (OSHA) is announcing that the collections of information regarding 1910.1052(d), exposure monitoring; 1910.1052(e), regulated areas; 1910.1052(j), medical surveillance; 1910.1052(l), employee information and training; and 1910.1052(m), recordkeeping of OSHA's final rule for Occupational Exposure to Methylene Chloride (MC) have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995. The OMB approval number is 1218-0179. In addition, this document announces that OSHA is providing an additional 30 days for certain employers to comply with the start-up dates contained in 1910.1052(n).

DATES: Effective August 8, 1997. The start-up date for initial monitoring as stated in 1910.1052(n)(2)(i)(C) is September 7, 1997 (150 days from the standard's effective date of April 10, 1997).

FOR FURTHER INFORMATION CONTACT: Todd Owen, OSHA, Directorate of Health Standards Programs, Room N3718, U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC 20210; Telephone (202) 219-7075 extension 109.

SUPPLEMENTARY INFORMATION: OSHA published a final rule for Methylene Chloride, 1910.1052, on January 10, 1997, at 62 FR 1494 to provide greater protection to employees exposed to methylene chloride's harmful effects. The final rule became effective on April 10, 1997, although various provisions did not take effect until the startup dates specified in paragraph (n)(2), the earliest of which was August 7, 1997. In addition, as required by the Paperwork Reduction Act of 1995, the Federal Register notice stated that compliance with the collection of information requirements in 1910.1052(d), exposure monitoring; 1910.1052(e), regulated areas; 1910.1052(j), medical surveillance; 1910.1052(l), employee information and training; and 1910.1052(m), recordkeeping was not required until those collections of information had been approved by the Office of Management and Budget and until the Department of Labor published a notice in the Federal Register announcing the OMB control numbers assigned by OMB. Under 5 CFR 1320.5(b), an agency may not conduct or sponsor a collection of information unless: (1) the collection of information displays a currently valid OMB control number; and (2) the agency informs the potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

On May 29, 1997, the Agency submitted the Methylene Chloride information collection request to OMB for approval in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). On July 29, 1997, OMB approved the collections of information and assigned OMB Control Number 1218-0179. The approval for the collection expires on February 28, 1999.

With one exception, the earliest start-up date for any provision of the standard, including those with paperwork requirements, is October 7, 1997. The announcement today of OMB approval of paperwork requirements is sufficient notice to permit compliance without extending those start-up dates. However, the start-up date for the initial monitoring provisions (which includes paperwork requirements) for larger employers is August 8, 1997. Because that date is soon after publication of this notice, OSHA is amending paragraph 1910.1052(n)(2)(i)(C) to allow those employers an additional 30 days to come into compliance with the initial monitoring requirements. OSHA finds that there is good cause to issue this extension without notice and public comment because following such procedures would be impractical, unnecessary or contrary to the public interest in this case. OSHA believes that it is in the public interest to give employers additional time between the notice of OMB approval and the date that compliance is required.

Authority And Signature

This document was prepared under the direction of Gregory R. Watchman, Acting Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC 20210.

Signed at Washington, DC this 4th day of August 1997.

Gregory R. Watchman,
Acting Assistant Secretary for Occupational Safety and Health.

PART 1910 -- [AMENDED]

1. The authority citation for Subpart A of part 1910 continues to read as follows:

Authority: Secs. 4, 6, 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), or 6-96 (62 FR 111), as applicable.

1910.8 [Amended]

2. 1910.8 is amended by adding the entry "1910.1052 * * * 1218-0179" (in numerical order) to the table in the section.

3. The general authority citation for subpart Z of 29 part 1910 is revised to read as follows:

Authority: Sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), or 6-96 (62 FR 111), as applicable; and 29 CFR Part 1911.

* * * * *

4. Paragraph (n)(2)(i)(C) of 1910.1052 is revised to read as follows:

1910.1052 Methylene chloride.

* * * * *

(n) * * *

(2) * * *

(i) * * *

(C) For all other employers, within 150 days after the effective date of this section.

* * * * *

[FR Doc. 97-20890 Filed 8-7-97; 8:45 am]