Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 65033 

training procedures to ensure that all 

personnel are adequately trained and 

establish standard operating procedures. 

Westlake will modify its Spill/Release 

Reporting Policy according to protocol 

designed by EPA. 

For Clean Water Act injunctive relief, 

Westlake will update its Spill 

Prevention Control and 

Countermeasures Plan ensuring that all 

regulated tanks are included and will 

comply with the plan. 

The consent decree resolves the civil 

claims in the complaint filed in the case 

as well as violations listed in notices of 

violation issued to Westlake through the 

date of lodging of the decree on 

September 17, 2010. The United States 

will also covenant not to sue or take 

administrative action under Section 

3008(a) and (h) of Resource 

Conservation and Recovery Act, 42 

U.S.C. 6928(a) and (h), against Westlake 

for performance of the Resource 

Conservation and Recovery Act 

injunctive relief at the polyvinyl 

chloride plant, conditioned upon 

satisfactory performance. 

EPA estimates that there will be a 

substantial reduction in hazardous air 

pollutant emission under the terms of 

the proposed consent decree. The 

incinerator rerouting, along with 

improved Leak Detection and Repair 

compliance, should result reductions of 

vinyl chloride emissions by 

approximately 2,280 pounds per year, 

ethylene emissions by approximately 

204,687 pounds per year, and 1,2 

dichloroethane emissions by 

approximately 1,284 pounds per year. 

Under the proposed consent decree, 

Westlake will pay a civil penalty of 

$800,000, of which $700,000 will be 

paid to the United States and $100,000 

will be paid to the Commonwealth. Due 

to the Clean Water Act violations, 

$12,500 of the civil penalty will go to 

Oil Spill Liability Trust Fund pursuant 

to 33 U.S.C. 132l(s). 

The Consent Decree may be examined 

at the Office of the United States 

Attorney for the Western District of 

Kentucky, 501 Broadway, Room 29, 

Paducah, Kentucky 42001. During the 

public comment period, the Consent 

Decree may also be examined on the 

following Department of Justice: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611, or 

by faxing or e-mailing a request to Tonia 

Fleetwood, tonia.fleetwood@usdoj.gov, 

Fax No. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $43.25 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury. 

Maureen Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2010–26415 Filed 10–20–10; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2010–0051] 

Manlifts; 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 the Office of Management and 

Budget’s (OMB) approval of the 

information collection requirements 

specified in the Standard on Manlifts 

(29 CFR 1910.68). 

DATES: Comments must be submitted 

(postmarked, sent, or received) by 

December 20, 2010. 

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, Docket No. 

OSHA–2010–0051, 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 (OSHA–2010–0051) 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 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 effort in 

obtaining information (29 U.S.C. 657). 


jlentini on DSKJ8SOYB1PROD with NOTICES
65034 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 

The Standard specifies two 

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 workers’ risk of death or serious 

injury by ensuring that manlifts are in 

safe operating condition. 

Periodic Inspections and Records 

(paragraph (e)). This provision requires 

that each manlift be inspected at least 

once every 30 days and it also requires 

that limit switches shall be checked 

weekly. The manlift inspection is to 

cover at least the following items: steps; 

step fastenings; rails; rail supports and 

fastenings; rollers and slides; belt and 

belt tension; handholds and fastenings; 

floor landings; guardrails; lubrication; 

limit switches; warning signs and lights; 

illumination; drive pulley; bottom (boot) 

pulley and clearance; pulley supports; 

motor; driving mechanism; brake; 

electrical switches; vibration and 

misalignment; and any ‘‘skip’’ on the up 

or down run when mounting a step 

(indicating worn gears). A certification 

record of the inspection must be 

prepared upon completion of the 

inspection. The record must contain the 

date of the inspection, the signature of 

the person who performed the 

inspection, and the serial number or 

other identifier of the inspected manlift. 

Disclosure of Inspection Certification 

Records. Employers are to maintain the 

certification record and make it 

available to OSHA compliance officers. 

This record provides assurance to 

employers, workers, and compliance 

officers that manlifts were inspected as 

required by the Standard. The 

inspections are made to keep equipment 

in safe operating condition, thereby 

preventing manlift failure while 

carrying workers to elevated worksites. 

These records also provide the most 

efficient means for the compliance 

officers to determine that an employer is 

complying with 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 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 to retain its 

current burden hour estimate of 37,801 

hours. 

Type of Review: Extension of a 

currently approved collection. 

Title: Manlifts (29 CFR 1910.68). 

OMB Number: 1218–0226. 

Affected Public: Business or other forprofits. 

Number of Respondents: 3,000. 

Frequency: On occasion; Monthly. 

Average Time per Response: Varies 

from 2 minutes (.03 hour) for an 

employer to disclose the inspection 

certification record to 1 hour to inspect 

a manlift. 

Estimated Total Burden Hours: 

37,801. 

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–2010–0051). 

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, 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. 4–2010 (75 FR 

55355). 

Signed at Washington, DC, on October 18, 

2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–26500 Filed 10–20–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petition for Modification of Existing 

Mandatory Safety Standard 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Notice. 

SUMMARY: Section 101(c) of the Federal 

Mine Safety and Health Act of 1977 and 

30 CFR part 44 govern the application, 

processing, and disposition of petitions 

for modification. This notice is a 

summary of a petition for modification 

filed by the party listed below to modify 

the application of an existing mandatory 

safety standard published in Title 30 of 

the Code of Federal Regulations. 

DATES: All comments on the petition 

must be received by the Office of 

Standards, Regulations and Variances 

on or before November 22, 2010. 

ADDRESSES: You may submit your 

comments, identified by ‘‘docket 

number’’ on the subject line, by any of 

the following methods: 

1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket 

number of the petition in the subject 

line of the message. 

2. Facsimile: 1–202–693–9441. 


jlentini on DSKJ8SOYB1PROD with NOTICES