Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Proposed Rules 24505 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this proposed rule, 

when promulgated, will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart I, section 40103. 

Under that section, the FAA is charged 

with prescribing regulations to assign 

the use of the airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it modifies VOR Federal Airways in the 

vicinity of Bemidji, MN. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of the FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, signed August 27, 2009, and 

effective September 15, 2009, is 

amended as follows: 

Paragraph 6010(a)—Domestic VOR Federal 

Airways 

* * * * * 

V–82 [Modified] 

From Baudette, MN; INT Baudette 194°T 

(190°M) and Brainerd, MN, 331°T (328°M) 

radials; Brainerd; Gopher, MN; Farmington, 

MN; Rochester, MN; Nodine, MN; to Dells, 

WI. 

* * * * * 

V–175 [Modified] 

From Malden, MO; Vichy, MO; Hallsville, 

MO; Macon, MO; Kirksville, MO; Des 

Moines, IA; Sioux City, IA; Worthington, 

MN; Redwood Falls, MN; Alexandria, MN; 

Park Rapids, MN; INT Park Rapids 003°T 

(359°M) and Roseau, MN, 160°T (155°M) 

radials; Roseau; to Winnipeg, MB, Canada. 

The airspace within Canada is excluded. 

* * * * * 

V–191 [Modified] 

From Troy, IL; Decatur, IL; Roberts, IL; INT 

Roberts 008°T (006°M) and Joliet, IL, 067°T 

(065°M) radials; Northbrook, IL; Badger, WI; 

Oshkosh, WI; Rhinelander, WI; Ironwood, 

MI; Duluth, MN; Hibbing, MN; to Grand 

Rapids, MN. 

* * * * * 

V–430 [Modified] 

From Cut Bank, MT, 10 miles, 74 miles 55 

MSL; Harve, MT, 14 miles, 100 miles 50 

MSL; Glasgow, MT; INT Glasgow 100°T 

(086°M) and Williston, ND, 263°T (251°M) 

radials, 22 miles, 33 miles 55 MSL, Williston; 

Minot, ND; Devils Lake, ND; Grand Forks, 

ND; Thief River Falls, MN; INT Thief River 

Falls 122°T (114°M) and Grand Rapids, MN, 

292°T (286°M) radials; Grand Rapids; Duluth, 

MN; Ironwood, MI; Iron Mountain, MN; to 

Escanaba, MI. 

Issued in Washington, DC, on April 29, 

2010. 

Paul Gallant, 

Acting Manager, Airspace and Rules Group. 

[FR Doc. 2010–10468 Filed 5–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1904 

[Docket No. OSHA–2010–0024] 

Modernization of OSHA’s Injury and 

Illness Data Collection Process 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor 

ACTION: Stakeholder meetings and 

request for public comment. 

SUMMARY: OSHA invites interested 

parties to participate in informal 

stakeholder meetings on the 

modernization of OSHA’s injury and 

illness data collection system. OSHA 

encourages stakeholders who cannot 

participate to submit written comments. 

OSHA needs to gather information from 

stakeholders in order to be able to 

modify its current injury and illness 

recordkeeping regulation and develop a 

modernized recordkeeping system in 

ways that will help OSHA, employers, 

employees, researchers, and the public 

prevent workplace injuries and illnesses 

as well as, supporting President 

Obama’s Open Government Initiative, 

increase the ability of the public to 

easily find, download, and use the 

resulting dataset generated and held by 

the Federal Government. The informal 

discussions at the stakeholder meetings 

and the written comments from 

stakeholders will help give OSHA this 

information. 

DATES: The meeting dates are: 

• May 25, 2010, 8:30 a.m. to 4:30 

p.m., Washington, DC. 

• June 3, 2010, 8:30 a.m. to 4:30 p.m., 

Chicago, IL. 

Written comments must be submitted 

(postmarked, sent, or received) by June 

18, 2010. 

ADDRESSES: 

I. Registration 

Submit your notice of intent to 

participate in one of the scheduled 

meetings by one of the following: 

• Electronic. Register at: https:// 

www2.ergweb.com/projects/ 

conferences/osha/registerdatacollection.htm (follow the 

instructions online). 

• Facsimile. Fax your request to: 781– 

674–2906 and label it ‘‘Attention: OSHA 

Data Collection Process Stakeholder 

Meeting Registration.’’ 

• Regular mail, express delivery, 

hand (courier) delivery, and messenger 

service. Send your request to: Eastern 

Research Group, Inc., 110 Hartwell 

Avenue, Lexington, MA 02421; 

Attention OSHA Data Collection Process 

Stakeholder Meeting Registration. 

II. Meetings 

In Washington, DC, the meeting will 

be held on May 25, 2010, from 8:30 a.m. 

to 4:30 p.m., at the U.S. Department of 

Labor, Frances Perkins Building, 200 

Constitution Avenue, NW., Washington, 

DC 20210. 

In Chicago, Illinois, the meeting will 

be held on June 3, 2010, from 8:30 a.m. 

to 4:30 p.m., at the OSHA Training 

Institute, 2020 South Arlington Heights 

Rd., Arlington Heights, IL 60005. 

III. Public Comment 

You may submit comments, identified 

by Docket No. OSHA–2010–0024, by 

any one of the following methods: 


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• Electronically: You may submit 

comments and attachments 

electronically at http:// 

www.regulations.gov, the Federal 

eRulemaking Portal. Follow the 

instructions on-line for making 

electronic submissions. 

• Fax: If your comments, including 

attachments, do not exceed 10 pages, 

you may fax them to the OSHA Docket 

Office at (202) 693–1648. 

• Mail, hand delivery, express mail, 

messenger or courier service: You must 

submit three copies of your comments 

and attachments to the OSHA Docket 

Office, Docket No. OSHA–2010–0024, 

U.S. Department of Labor, Room N– 

2625, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–2350 (OSHA’s TTY number is (877) 

889–5627). 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.–4:45 p.m., e.t. 

Instructions: All submissions must 

include the docket number (Docket No. 

OSHA–2010–0024). Because of securityrelated procedures, submission by 

regular mail may result in significant 

delay. Please contact the OSHA Docket 

Office about security procedures for 

hand delivery, express delivery, 

messenger or courier. 

All comments, including any personal 

information you provide, are placed in 

the public docket without change and 

may be made available on http:// 

www.regulations.gov. Therefore, OSHA 

cautions you about submitting personal 

information such as Social Security 

numbers and birthdates. 

Docket: To read or download 

submissions in response to the request 

for public comment, go to Docket No. 

OSHA–2010–0024 at: http:// 

www.regulations.gov. All submissions 

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 that Web 

page. All submissions, including 

copyrighted material, are available for 

inspection and copying at the OSHA 

Docket Office. 

FOR FURTHER INFORMATION CONTACT: 

Information is available from the 

following sources: 

• Press inquiries. Jennifer Ashley, 

Director, OSHA Office of 

Communications, Room N–3647, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone: (202) 693–1999. 

• General and technical information. 

Miriam Schoenbaum, OSHA Directorate 

of Evaluation and Analysis, Room N– 

3648, U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210, telephone (202) 693–1841, 

electronic mail (e-mail) 

Schoenbaum.Miriam@dol.gov. 

• Copies of this Federal Register 

notice. Electronic copies are available at 

http://www.regulations.gov. This 

Federal Register notice, as well as news 

releases and other relevant information, 

also are available on the OSHA Web 

page at http://www.osha.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In 1970, Congress enacted the 

Occupational Safety and Health Act (29 

U.S.C. 651 et seq.) (the Act or the OSH 

Act). Congress directed the Secretary 

through section 8(c)(2) of the OSH Act 

to ‘‘* * * prescribe regulations 

requiring employers to maintain 

accurate records of, and to make 

periodic reports on, work-related 

deaths, injuries and illnesses other than 

minor injuries requiring only first aid 

treatment and which do not involve 

medical treatment, loss of 

consciousness, restriction of work or 

motion, or transfer to another job * * *’’ 

Section 24(a) of the Act requires the 

Secretary to develop and maintain an 

effective program of collection, 

compilation, and analysis of 

occupational safety and health statistics. 

This section directs the Secretary to 

‘‘compile accurate statistics on work 

injuries and illnesses which shall 

include all disabling, serious, or 

significant injuries and illnesses, 

whether or not involving loss of time 

from work, other than minor injuries 

requiring only first aid treatment and 

which do not involve medical 

treatment, loss of consciousness, 

restriction of work or motion, or transfer 

to another job.’’ 

29 CFR part 1904, Recording and 

Reporting Occupational Injuries and 

Illnesses, was one of the first regulations 

promulgated by OSHA. First issued in 

1971, this rule requires employers to 

record information on the occurrence of 

injuries and illnesses in their 

workplaces. The employer is obligated 

to record work-related injuries and 

illnesses that meet one or more of 

certain recording criteria. In accordance 

with the OSH Act, OSHA requires 

employers to record work-related 

injuries and illnesses that involve death, 

loss of consciousness, days away from 

work, restriction of work or motion, 

transfer to another job, medical 

treatment other than first aid, or 

diagnosis of a significant injury or 

illness by a physician or other licensed 

health care professional. 

29 CFR part 1904 requires all 

employers under OSHA jurisdiction 

with 11 or more employees to keep 

OSHA injury and illness records, unless 

the establishment is classified in a 

specific low-hazard retail, service, 

finance, insurance or real estate 

industry. In addition, employers with 

ten or fewer employees must keep 

OSHA injury and illness records if 

OSHA or the Bureau of Labor Statistics 

informs them in writing that they must 

keep records under part 1904.41 

(Annual OSHA injury and illness survey 

of ten or more employers) or part 

1904.42 (Requests from the Bureau of 

Labor Statistics for data). The 

recordkeeping rule currently covers 

roughly 750,000 employers with 

roughly 1,500,000 establishments. Every 

year, for all of the employer’s 

establishments, each of these employers 

must complete OSHA Form 300A 

(Summary of Work-Related Injuries and 

Illnesses). In addition, if there is one or 

more injury or illness at the 

establishment, the employer must 

complete OSHA Form 301 (Injury and 

Illness Incident Report) for each injury 

or illness and record each injury or 

illness on OSHA Form 300 (Log of 

Work-Related Injuries and Illnesses). 

OSHA estimates that more than 

3,000,000 injuries and illnesses are 

recorded on these forms each year. 

The forms contain a substantial 

amount of information pertaining to the 

injured or ill employee and the 

circumstances surrounding the injury or 

illness. The following data elements are 

found on the OSHA Form 300 (Log of 

Work-Related Injuries and Illnesses) and 

OSHA Form 301 (Injury and Illness 

Incident Report): Name, title, phone 

number of person completing form; Date 

form completed; Date and time of event; 

Time employee began work; Employee’s 

name; Employee’s job title; Where the 

event occurred; A brief description of 

injury or illness, parts of body affected, 

and object/substance that directly 

injured or made person ill; Severity of 

the case (death, days away from work, 

job transfer or restriction, other 

recordable cases); Number of days 

injured or ill worker was away from 

work or restricted; Full name, address, 

date of birth, date hired, and gender of 

employee; Name of physician or other 

health care professional; Name and 

address of facility if treatment was given 

away from the workplace; Emergency 

room treatment and inpatient 

hospitalization (if applicable); Detailed 

descriptions of what the employee was 

doing just before the incident occurred; 

how the injury occurred, the injury or 

illness, and the object or substance that 


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directly harmed the employee; date of 

death (if applicable). 

The records required by this rule are 

an important source of information for 

OSHA. During the initial stages of an 

inspection, an OSHA representative 

reviews the injury and illness forms 

maintained by the establishment as an 

aid to focusing the inspection effort on 

identified safety and health hazards. 

OSHA also uses establishment-specific 

injury and illness information to help 

target its intervention efforts to the 

worksites experiencing high rates of 

injuries and illnesses and to specific 

safety and health hazards. Injury and 

illness data help OSHA identify the 

scope of occupational safety and health 

problems and decide whether regulatory 

intervention, compliance assistance, or 

other measures are warranted. These 

data are also of great importance to 

employers and workers in 

understanding and reducing the 

incidence of injuries and illnesses in 

specific workplaces. 

Data Collections: Currently, the 

Department of Labor conducts two 

annual data collections which gather 

information entered on the OSHA 

Forms. The first, conducted by OSHA, 

is the OSHA Data Initiative (ODI); the 

second, conducted by the Bureau of 

Labor Statistics, is the Survey of 

Occupational Injuries and Illnesses 

(SOII). While both collections are based 

on the same source of information, the 

two differ substantially in the scope and 

use of the data collected. 

The OSHA Data Initiative: In 1995, 

OSHA established the annual OSHA 

Data Initiative (ODI) to collect data from 

approximately 80,000 establishments on 

injuries and acute illnesses attributable 

to work-related activities in privatesector industries. 29 CFR part 1904.41 

(Annual OSHA injury and illness survey 

of ten or more employers) provides 

OSHA the authority to conduct this data 

collection. The primary purpose of the 

ODI is to give OSHA the capability of 

focusing its resources on those 

establishments with serious safety and 

health problems. The ODI sample 

primarily consists of larger 

establishments (those with 40 or more 

employees) in industries with 

historically high rates of occupational 

injury and illness. Sample selection is 

designed to ensure that all 

establishments in the potential data 

collection universe are surveyed at least 

once during a three-year cycle. It is not 

designed to produce estimates of 

injuries and illnesses for the nation or 

a particular industry. 

Currently, the ODI only collects 

summary injury and illness data from 

OSHA Form 300A. From the data 

collected, the Agency calculates 

establishment-specific injury and illness 

rates and uses these rates to target 

enforcement and compliance assistance 

activities. Specifically, the data are used 

to support OSHA’s Site-Specific 

Targeting (SST) enforcement program 

and its High Rate Letter outreach 

program. The Agency also makes the 

individual establishment data available 

to the public from its website and 

through Data.gov. 

The BLS Survey of Occupational 

Injuries and Illnesses (SOII): The Bureau 

of Labor Statistics conducts the SOII, in 

which employer reports are collected 

from about 235,000 private-industry 

establishments. Response to the BLS 

survey is mandatory, as required by 29 

CFR 1904.42 (Requests from the Bureau 

of Labor Statistics for data). 

The survey provides estimates of the 

number and frequency (incidence rates) 

of nonfatal workplace injuries and 

illnesses, based on the OSHA Forms 

kept by a scientifically-selected 

probability sample of private-industry 

employers who were selected to 

represent the private sector for the 

Nation and individual industries. Data 

(through 2008) are classified according 

to the 2002 North American Industry 

Classification System (NAICS), the 2000 

Standard Occupational Classification 

(SOC) Manual, and 1997 Standards for 

Federal Data on Race and Ethnicity, as 

defined by the Office of Management 

and Budget (OMB). Race and ethnicity 

are the only data elements in the survey 

for which reporting is not mandatory. 

BLS has generated estimates of injuries 

and illnesses for many of the 2-, 3-, 

4-, 5-, and 6-digit private-sector 

industries defined in the North 

American Industry Classification 

System. The SOII also provides detailed 

information on the circumstances of 

cases involving days away from work 

and the characteristics of the injured or 

ill workers. 

For each incident that led to an injury 

or illness that required one or more days 

away from work to recuperate, the 

survey uses four characteristics to 

describe the circumstances of the case. 

These characteristics are classified using 

the Occupational Injury and Illness 

Classification System. These four 

characteristics are: 

• Nature—the physical characteristics 

of the disabling injury or illness, such 

as cuts/lacerations, fractures, or sprains/ 

strains; 

• Part of body affected—the part of 

body directly linked to the nature of 

injury or illness cited, such as back, 

finger, or eye; 

• Event or exposure—the manner in 

which the injury or illness was 

produced or inflicted, such as falls, 

overexertion, or repetitive motion; and 

• Source—the object, substance, 

exposure, or bodily motion that directly 

produced or inflicted the disabling 

condition, such as chemicals, vehicles, 

or machinery. 

Under the Confidential Information 

Protection and Statistical Efficiency Act 

of 2002, BLS is prohibited from 

releasing establishment-specific data for 

any purpose other than statistical 

analysis and therefore does not release 

establishment data to the general public 

or OSHA. 

II. Issues 

One of the priorities of President 

Obama’s Open Government Initiative is 

to increase the ability of the public to 

easily find, download, and use datasets 

generated and held by the Federal 

Government. OSHA is considering 

whether the up-to-date, establishmentspecific, injury/illness-specific 

electronic data collected by an 

improved and modernized OSHA 

recordkeeping system and made public 

under the Open Government Initiative 

would encourage innovative ideas and 

allow employers, employees, and 

researchers to participate in improving 

occupational safety and health. 

While both the OSHA and BLS data 

collection systems provide a vast 

amount of information, both have 

limitations that affect OSHA’s ability to 

make decisions based on data. 

The ODI currently provides only 

summary data for each establishment; 

these data do not allow OSHA to 

identify specific types of hazards or 

problems in a given establishment. 

Further, there is as long as a two- or 

three-year lag in the current OSHA data 

collection system between the 

occurrence of an injury or illness and 

OSHA’s use of the data. 

BLS data are available in the year 

following the calendar year in which the 

injury or illness occurs and provides a 

wide range of estimates by industry, 

establishment size, and details of the 

injuries and illnesses. These data 

indicate which types of injury or illness 

occur in establishments in a particular 

industry and establishment size; 

specifics vary from establishment to 

establishment. BLS data identify, for 

example, the industries that have 

reported the highest rate of amputations 

or musculo-skeletal disorders; they do 

not identify the specific establishments 

where such cases actually did occur and 

are likely to occur in the future. 


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III. Topics and Questions for 

Stakeholder Meetings and Public 

Comments 

OSHA would like to gather 

information about a modernized 

electronic recordkeeping system from a 

wide range of interests. Topics include: 

• Scope of the data collected 

• Uses of the data collected 

• Methods of data collection 

• Economic impacts 

• Additional topics 

In addition, OSHA is interested in 

answers to the following specific 

questions: 

• What recordkeeping data should the 

electronic recordkeeping system collect? 

• Would linking the recordkeeping 

data with other sources (e.g., medical 

records, workers’ compensation records) 

increase its usefulness and/or accuracy? 

If so, which sources? What potential 

technical and legal hurdles exist in 

linking to other data sources, and how 

might these be overcome? 

• Should the electronic 

recordkeeping system collect data from 

every employer under OSHA 

jurisdiction for every case, or should it 

be limited to a subset of employers and/ 

or cases, for example based on size, 

industry, incidence rate, occupation, or 

case severity? 

• What purposes could the collected 

recordkeeping data serve for OSHA as 

well as other users? 

• How could the collected data be 

used to make national or sector-specific 

estimates of injury and illness? 

• What would be the strengths and 

limitations of the collected data? 

• Would publishing data indicating 

the number of employees and number of 

employee hours worked at specific 

establishments disclose confidential 

commercial or trade secret information? 

• How can OSHA use state and other 

federal agency data collection 

experience in developing an electronic 

recordkeeping system? 

• How should OSHA design an 

effective quality assurance program for 

data entered into the electronic 

recordkeeping system? 

• Should data be collected on a flow 

basis or periodically, e.g., quarterly? 

What are the advantages and 

disadvantages of each approach to data 

collection? 

• What would be the benefits and 

disadvantages of implementing a new 

electronic recordkeeping system 

incrementally, e.g., starting with the 

largest employers or the most severe 

injuries? 

• What training and outreach will be 

necessary for employers to comply with 

the requirements of the electronic 

recordkeeping system? 

• How can OSHA ensure that smallbusiness employers are able to comply 

with the requirements of the electronic 

recordkeeping system? 

• What analytical tools could be 

developed and provided to employers to 

increase their ability to effectively use 

the injury and illness data? 

• How can OSHA improve the 

accuracy of recordkeeping data by 

encouraging reporting and recording of 

work-related injuries and illnesses and 

discouraging underreporting and 

underrecording of work-related injuries 

and illnesses? 

IV. Public Participation 

Stakeholder Meetings 

At the stakeholder meetings, OSHA 

will gather information about a 

modernized electronic recordkeeping 

system from a wide range of interests. 

The meetings will be conducted as a 

group discussion. To encourage group 

interaction, OSHA will not allow formal 

presentations. There will be two 

sessions at each meeting, each 

accommodating approximately 25 

participants and lasting about four 

hours. Members of the general public 

who want to observe but not participate 

in the meetings are welcome on a firstcome, first-served basis, as space 

permits. OSHA staff will be present to 

take part in the discussions. Logistics 

for the meetings are managed by Eastern 

Research Group (ERG), which will 

provide a facilitator and compile notes 

summarizing the discussion; these notes 

will not identify individual speakers. 

ERG also will make an audio recording 

of each session to ensure that the 

summary notes are accurate; these 

recordings will not be transcribed. The 

summary notes will be available on 

OSHA’s Web page at http:// 

www.osha.gov. 

The meetings are as follows: 

• In Washington, DC, the meeting 

will be held on May 25, 2010, from 8:30 

a.m. to 4:30 p.m., at the U.S. Department 

of Labor, Frances Perkins Building, 200 

Constitution Avenue, NW., Washington, 

DC, 20210. 

• In Chicago, Illinois, the meeting 

will be held on June 3, 2010, from 8:30 

a.m. to 4:30 p.m., at the OSHA Training 

Institute, 2020 South Arlington Heights 

Rd., Arlington Heights, IL, 60005. 

You may submit notice of intent to 

participate in one of the stakeholder 

meetings electronically, by facsimile, or 

by hard copy. See the ADDRESSES section 

of this notice for the registration Web 

site, facsimile number, and address. To 

register electronically, follow the 

instructions provided on the Web site. 

To register by mail or facsimile, please 

indicate the following: 

• Name, address, phone, fax, and 

e-mail. 

• First and second preferences of 

meeting time. 

• Organization for which you work. 

• Organization you represent (if 

different). 

• Stakeholder category: government, 

industry, standards-developing 

organization, research or testing agency, 

union, trade association, insurance, 

consultant, or other (if other, please be 

specific). 

• Industry sector (if applicable). 

Electronic copies of this Federal 

Register notice, as well as news releases 

and other relevant documents, are 

available on the OSHA Web page at: 

http://www.osha.gov. 

Public Comment 

OSHA invites comment on all aspects 

of the modernization of OSHA’s injury 

and illness data collection system. 

Interested parties must submit 

comments by June 18, 2010. The Agency 

will carefully review and evaluate all 

comments, information, and data, as 

well as all other information in the 

record, to determine how to proceed. 

You may submit comments in 

response to this document (1) 

electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal; (2) by 

facsimile (FAX); or (3) by hard copy. All 

submissions must identify the Agency 

name and the OSHA docket number 

(Docket No. OSHA–2010–0024) of this 

notice. You may supplement electronic 

submissions by uploading document 

files electronically. If, instead, you wish 

to mail additional materials in reference 

to an electronic or fax submission, you 

must submit them to the OSHA Docket 

Office (see ADDRESSES section). The 

additional materials must clearly 

identify your electronic comments by 

name, date, and docket number, so 

OSHA can attach them to your 

comments. 

Because of security-related 

procedures, the use of regular mail may 

cause a significant delay in the receipt 

of submissions. 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). 

Access to Docket 

Comments in response to this Federal 

Register notice are posted without 

change at http://www.regulations.gov, 

the Federal eRulemaking portal. 


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1 62 FR 1497, January 10, 1997. 

2 62 FR 1494. 

3Regulatory Impact Analysis (Methylene 

Chloride) ES–2, January 7, 1996. 

Therefore, OSHA cautions individuals 

about submitting personal information 

such as social security numbers and 

birthdates. Exhibits referenced in this 

Federal Register document are posted at 

http://www.regulations.gov. Although 

submissions are listed in the http:// 

www.regulations.gov indexes, some 

information (e.g., copyrighted material) 

is not publicly available to read or 

download through that Web page. All 

comments are available for inspection 

and copying at the OSHA Docket Office. 

Information on using http:// 

www.regulations.gov to submit 

comments and access dockets is 

available on the Web page. Contact the 

OSHA Docket Office for information 

about materials not available through 

the Web page and for assistance in using 

the Internet to locate docket 

submissions. 

Electronic copies of this Federal 

Register document are available at: 

http://www.regulations.gov. This 

document, as well as news releases and 

other relevant information, also are 

available at OSHA’s Web page at: 

http://www.osha.gov. 

V. Authority and Signature 

This document was prepared under 

the direction of David Michaels, PhD, 

MPH, Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, pursuant to 

sections 4, 6, and 8 of the Occupational 

Safety and Health Act of 1970 (29 U.S.C. 

653, 655, 657), 29 CFR part 1911, and 

Secretary’s Order 5–2007 (72 FR 31160). 

Signed at Washington, DC, on April 26, 

2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–10163 Filed 5–4–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1910 

Docket No. OSHA–2007–0024] 

RIN 1218–AC23 

Notice of Availability of the Regulatory 

Flexibility Act Review of the Methylene 

Chloride Standard 

AGENCY: Occupational Safety and Health 

Administration, Labor. 

ACTION: Availability of completed 

regulatory review. 

SUMMARY: The Occupational Safety and 

Health Administration (OSHA) has 

completed a review of the Methylene 

Chloride (MC) Standard (29 CFR 

1910.1052) pursuant to section 610 of 

the Regulatory Flexibility Act and 

section 5 of Executive Order 12866 on 

Regulatory Planning and Review. The 

purpose of this review was to determine 

whether the MC Standard has 

functioned as intended, whether it 

could be simplified or improved to 

reduce the regulatory burden on small 

businesses, or whether it is no longer 

needed and should be rescinded. 

DATES: As of May 5, 2010 the report is 

available to the public, (see ADDRESSES

section to obtain copies). 

ADDRESSES: Copies of the entire report 

may be obtained from the OSHA 

Publications Office, Room N–3101, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone (202) 693–1888; 

fax (202) 693–2498. All documents and 

comments received relevant to the 

review and documents discussed in this 

report are available at the OSHA Docket 

Office, Docket No. OSHA–2007–0024, 

Technical Data Center, Room N–2625, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210, Telephone (202) 693–2350. 

The main text of the report, this Federal 

Register Notice and any news releases 

will become available at the OSHA 

Webpage at http://www.OSHA.gov. 

Electronic copies of this Federal 

Register Document, the full text of the 

report, comments and referenced 

documents are or will become available 

at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

General information: Joanna Dizikes 

Friedrich, OSHA Directorate of 

Evaluation and Analysis, Room N–3641, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC, 20210; telephone (202) 693–1939. 

SUPPLEMENTARY INFORMATION: 

Background 

MC (also known as methylene 

dichloride or dichloromethane [DCM or 

MC]) is a common industrial solvent 

used in a number of different 

applications, including paint stripping, 

metal cleaning and the manufacture of 

plastics and adhesives. Without proper 

ventilation or respiratory protection, 

short-term exposure to large amounts of 

MC can cause respiratory or central 

nervous system failure. In 1985, the U.S. 

Environmental Protection Agency (EPA) 

determined that MC was a probable 

human carcinogen and posed a long 

term danger to human health.1 EPA 

promulgated rules governing the use of 

MC in several industries during 1994– 

1995. On January 10, 1997, OSHA 

published its final MC Standard to 

protect workers from occupational 

exposure to MC.2 It reduced the 

permissible exposure limit from an 8- 

hour-time-weighted-average (TWA) of 

500 parts per million (ppm) to 25 ppm.3

Regulatory Review 

The purpose of this lookback study 

was to review the current MC Standard, 

in accordance with section 610 of the 

Regulatory Flexibility Act and Section 5 

of Executive Order 12866, to determine 

whether the rule has functioned as 

intended, whether it could be simplified 

or improved, or whether it is no longer 

needed and should be rescinded. The 

purpose of a review under section 610 

of the Regulatory Flexibility Act is: 

‘‘to determine whether such rule should be 

continued without change, or should be 

rescinded, or amended consistent with the 

stated objectives of applicable statutes to 

minimize any significant impact of the rules 

on a substantial number of small entities.’’ 

In conducting a section 610 review, 

the Agency must consider the following 

factors: 

‘‘(1) The continued need for the rule; 

(2) The nature of complaints or comments 

received concerning the rule from the public; 

(3) The complexity of the rule; 

(4) The extent to which the rule overlaps, 

duplicates or conflicts with other Federal 

rules, and, to the extent feasible, with State 

and local governmental rules; and 

(5) The length of time since the rule has 

been evaluated or the degree to which 

technology, economic conditions, or other 

factors have changed in the area affected by 

the rule.’’ 

The review requirements of section 5 

of EO 12866 require agencies: 

‘‘To reduce the regulatory burden on the 

American people, their families, their 

communities, their State, local, and tribal 

governments, and their industries; to 

determine whether regulations promulgated 

by the [Agency] have become unjustified or 

unnecessary as a result of changed 

circumstances; to confirm that regulations are 

both compatible with each other and not 

duplicative or inappropriately burdensome 

in the aggregate; to ensure that all regulations 

are consistent with the President’s priorities 

and the principles set forth in this Executive 

Order, within applicable law; and to 

otherwise improve the effectiveness of 

existing regulations.’’ 

To carry out its lookback review of the 

MC Standard under these provisions, 

OSHA requested public comment, on 

July 10, 2007, on: the impacts of the rule 


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