for reporting in-patient hospitalizations and amputations to OSHA. OSHA
estimated that reporting in-patient hospitalizations or amputations is
an activity that is expected to require the same time as OSHA estimates
for reporting fatalities and multiple hospitalizations: 0.25 hours (15
minutes) of OHSS labor per fatality or hospitalization (OSHA, 2011).
Several commenters suggested that reporting to OSHA would take more
than 15 minutes (Exs. 46, 64. 65, 67, 68, 83, 110). These commenters
provided several different reasons for believing that more than fifteen
minutes would be required. Some commenters were concerned that the call
itself would require more than 15 minutes. The American Society of
Safety Engineers and others claimed that the telephone call to report
to OSHA is too complex to complete in 15 minutes. Mercer ORC HSE
Networks stated that it could take longer than 15 minutes to make a
connection over the telephone with OSHA, and that such a connection is
especially difficult outside of OSHA's normal operating hours (Ex. 68).
    Other commenters were concerned with the possibility that the
required information would be difficult to obtain within the required
time frame. Some commenters (see Exs. 65 and 67) asserted that
elaborate procedures would need to be in place to assure that all
hospitalizations were reported within eight hours of admission. OSHA
has altered the final rule to require reporting within 24 hours of the
hospitalization, and to clarify that the 24 hours starts when the
employer learns of the reportable event resulting from a work-related
incident.
    Other commenters were concerned that pre-call activities had not
been included in the time estimate. The Dow Chemical Company stated
that the telephone call to report the event would require the attention
of several different salaried professionals (Ex. 64). FedEx said that
the allotted time should also include the time required to enter the
information into their system and to allow for subsequent review by
management, and recommended that OSHA use 30 minutes as the estimate
for the reporting time (Ex. 67). The American Trucking Association
stated the view that 15 minutes is a ``gross underestimation'' of the
time required to report to OSHA and that, in their experience,
reporting takes, on average, 30 minutes (Ex. 65). NUCA, a trade
association representing utility construction and excavation
contractors, expressed a concern that OSHA's PEA ``significantly
underestimated the economic impact of obtaining injury information on a
construction site which does not necessarily have an office.'' In
NUCA's estimation, the entire process of collecting, transmitting, and
recording the information would far exceed 15 minutes (Ex. 110). NUCA
was also concerned that field operations without offices would have
trouble complying with the rule (Ex 110).
    In response, OSHA notes that employers are already required to
gather all of the information required for reporting the
hospitalization in order to record the injury or illness within seven
days of the occurrence of the injury or illness. The question is
therefore whether the need to report within 24 hours of finding out
about the hospitalization or the need to report directly to OSHA,
increases the time necessary to obtain the required information. OSHA
also notes that employers are routinely in touch with hospitals for
work-related incident in order to communicate necessary information
related to Workers' Compensation. (The HIPAA Privacy Rule has an
exemption for employers involved in the workers' compensation system:
http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/workerscomp.html)
    OSHA believes that 15 minutes is a reasonable approximation of the
time required for the telephone call alone. In response to the comment
from Mercer ORC HSE Networks (Ex. 68) about the difficulty of reaching
OSHA within 15 minutes, the Agency notes that OSHA has a toll-free
number for employers to call that is staffed 24 hours per day to allow
immediate reporting at any hour of the day. This final rule also
enables 24-hour electronic reporting using a web form that OSHA will
develop in conjunction with issuance of the final rule. OSHA
acknowledges that there might be times when an employer will have to
wait on hold to speak to an OSHA representative, but on the average,
even allowing for such delays, the phone call should not exceed 15
minutes.
    Many, if not most, employers will need no additional time beyond
the time for the telephone call for the task of reporting a fatality,
hospitalization, amputation, or loss of an eye, given they are both
already required to obtain the information, and will frequently have
the necessary information as a result of communications related to
Workers' Compensation. However, OSHA recognizes that some firms,
particularly larger firms, may require additional review of reports
that are sent directly to OSHA and that may well trigger OSHA
enforcement activities. In addition, some firms may need to undertake
additional information-gathering efforts, such as calls to hospitals or
interviews with other employees, that would not have been necessary in
the current seven-day timeframe for recording cases. As a result of
these considerations, OSHA has adopted the suggestion of some
commenters (Exs. 65 and 67) to expand the total estimate of time
required to report a hospitalization from 15 minutes to 30 minutes.
    Dow argued that OSHA should also take into consideration the time
spent following up with OSHA inspectors (Ex. 64). Other commenters made
similar points and were also concerned about the time spent with
follow-up inspections (Exs. 37, 67). In general, the requirements in
this final rule will not result in additional OSHA enforcement
activities. Instead, the provisions of the final rule should only
result in more letters from OSHA to employers. OSHA inspections may
increase at some facilities that report hospitalization, but may
decrease at other facilities. OSHA

does not have the data to determine which industries will be more or
less affected, but believes that this will be a shift in the cost of
being inspected, as opposed to an increase in net costs. To the extent
that inspections targeted on reports of an in-patient hospitalization
result in more citations than other inspections, such inspections may
result in greater costs than other inspections. However, OSHA lacks the
data to make an estimate of such costs at this time. This topic is
discussed in more detail in the benefits section.
    For the PEA, OSHA estimated that recordkeeping tasks would most
likely be performed by a Human Resource, Training, and Labor Relations
Specialist, not elsewhere classified (Human Resource Specialist),\7\ a
labor category defined by BLS's Occupational Employment Statistics
(OES) program. Some commenters noted that the people keeping records
would be likely to earn more than $28.00 per hour, or approximately
$56,000 per year, and that the required recordkeeping tasks would more
accurately be performed by an individual whose qualifications were
similar to those of an Industrial Hygienist (Exs. 64, 117). OSHA agrees
with that recommendation and, for this FEA, has assigned the
recordkeeping tasks to an Occupational Health and Safety Specialist \8\
(OHSS) earning $31.54 per hour on average, or approximately $66,000 per
year (BLS, 2011b). OSHA is aware that relatively few employers affected
by this rule actually employ an OHSS, but feels that the additional
cost per hour more accurately reflects the costs for recordkeepers. The
labor hours assigned in OSHA's updated Recordkeeping ICR (OSHA, 2011)
reflect this OES occupation category, and OSHA has applied the OHSS
wage in this FEA.
---------------------------------------------------------------------------

    \7\ BLS Occupational Employment Statistics (OES) code 13-1078.
    \8\ BLS Occupational Employment Statistics (OES) code 29-9011.
---------------------------------------------------------------------------

    In December 2011, BLS reported that employer costs for employee
benefits (other than wage and salary) were 30.1 percent of total
compensation for management, professional, and related occupations
(BLS, 2011c). OSHA calculates a mean fringe benefit factor of 1.43 for
management, professional, and related occupations.\9\ Multiplying the
base wage of $31.54 by the fringe benefit factor of 1.43 yields a total
cost to employers for employee compensation of $45.12 in hourly wages
for an OHSS.
---------------------------------------------------------------------------

    \9\ The percentage of total wages attributed to employee
benefits (0.301) divided by the percent of total wages attributed to
base wages (0.699) = the fringe benefit factor (1.43).
---------------------------------------------------------------------------

    OSHA has also determined that, while an OHSS or equivalent employee
will perform the recordkeeping duties, there is likely to be a more
senior employee responsible for certifying the OSHA Form 300A (Annual
Summary). In the recordkeeping ICR (OSHA, 2011), OSHA estimated that
the person responsible for certifying the log will typically have a
wage equivalent to an Industrial Production Manager. OSHA has adopted
that estimate for this analysis. An Industrial Production Manager \10\
(or IPM, a labor category defined by OES), or equivalent employee, is
expected to earn an average of $45.99 per hour (BLS, 2011b). Applying
the fringe benefit factor of 1.43 to this salary, total hourly
compensation is calculated to be $65.79 for an IPM.
---------------------------------------------------------------------------

    \10\ BLS Occupational Employment Statistics (OES) code 11-3051.
---------------------------------------------------------------------------

    The Small Business Administration (SBA) Office of Advocacy urged
OSHA to consider ``whether its wage rate assumption is valid for many
small businesses'' (Ex. 94). OSHA agrees that recordkeeping will more
likely be performed by an OHSS or equivalent employee, and the Agency's
2011 ICR for Recordkeeping reflects this cost assumption (OSHA, 2011).
As noted above, for this FEA, OSHA has applied a higher wage than the
wage applied in the PEA. OSHA recognizes that there is significant
diversity among firms with respect to the personnel charged with OSHA
recordkeeping responsibilities. Smaller firms may have a bookkeeper
perform this function, while larger firms will likely use an
occupational health and safety specialist. However, OSHA believes that
the hourly cost of $45.12, the total compensation of an OHSS, is a
reasonable estimate of the costs for the typical recordkeeper,
regardless of actual occupation.
    Another commenter asked that OSHA always use an overtime wage (Ex.
100). In fact, OSHA's estimate of loaded wages (wages that include
compensated benefits) includes an overtime and premium component within
the compensated benefits. Therefore, OSHA believes that its estimate of
loaded wages captures overtime compensation. OSHA does not believe that
the overtime rate would be an appropriate measure for the base rate in
all circumstances, because OSHA does not anticipate that all labor
resulting from the regulation will occur during overtime.
Total Costs
    Combining the unit time requirements, hourly wages, numbers of
establishments, and injury and illness totals presented in Table V-1,
Table V-3 shows OSHA's estimate of the cost of the final rule for the
current partially-exempt employers who would need to keep records as a
result of the final rule. The expected annualized cost of the rule to
those employers is $17.9 million per year, with the most expensive
element being the completion, certification, and posting of the OSHA
Form 300A ($11.9 million per year). The 4-digit industry projected to
bear the highest cost ($2.9 million) is NAICS 6241, Individual and
Family Services.
    Combining the unit time requirements, hourly wages, number of
establishments, and injury and illness totals presented in Table V-2,
Table V-4 shows OSHA's annualized estimate of the cost savings of the
final rule for employers who would no longer need to routinely keep
records as a result of the final rule. OSHA estimates that the total
cost savings for these employers would be $11.5 million per year.
    Combining estimated costs and estimated savings, the net cost of
the changes in the partial exemption part of the final rule is $6.4
million per year.

[GRAPHIC] [TIFF OMITTED] TR18SE14.002

[GRAPHIC] [TIFF OMITTED] TR18SE14.003

    To estimate the costs of reporting in-patient hospitalizations,
amputations, and losses of an eye, OSHA multiplied the estimated number
of such events per year (112,000 in-patient hospitalizations plus 5,000
amputations not leading to in-patient hospitalizations), the estimated
time per report (0. 5 hours), and the hourly compensation costs of a
recordkeeper ($45.12). The resulting estimate of the annual cost of
this provision is $2.6 million per year.
    Table V-5 shows the total net costs of the final rule considering
all three elements: costs incurred by current partially-exempt
employers who would be newly required to keep records, cost savings to
employers who would no longer be required to routinely keep records,
and costs associated with the reporting of all in-patient
hospitalizations, amputations, and losses of an eye. OSHA estimates
that the total net costs of this final rule would be $9 million per
year.

 Table V-5--Annualized Costs and Cost Savings for the Major Elements of
                                the Rule
------------------------------------------------------------------------
             Cost or cost savings element                     Value
------------------------------------------------------------------------
Costs to Employers Newly Required to Keep Records.....       $17,920,888
Cost Savings to Employers Newly Exempt from Keeping         (11,532,266)
 Records..............................................
Costs of Additional Reporting of Hospitalizations,             2,639,520
 Amputations and Losses of an Eye.....................
------------------------------------------------------------------------
Net Costs.............................................         9,028,142
------------------------------------------------------------------------

D. Benefits

    OSHA believes that the conversion from SIC to NAICS and the revised
reporting requirements have substantially different goals and thus
different potential benefits. OSHA expects the conversion from SIC to
NAICS to result in more useful injury and illness data. The SIC system
currently used by OSHA is obsolete and has not been used by many other
data collection entities for years. Converting to NAICS will enable
both affected employers and OSHA to achieve consistency and
comparability with other data collection efforts conducted by both
public and private entities. OSHA found little controversy concerning
the concept of converting from SIC to NAICS. However, there is no way
to convert from SIC to NAICS without changing in some way the number of
establishments required to routinely record injuries and illnesses.
This result is inevitable because there is no one-for-one mapping from
SIC to NAICS for many industries. Some SIC industries were split into
several NAICS industries that include other SIC industries, while some
NAICS industries represent consolidations of several SIC industries.
OSHA decided that the best way to conduct the conversion was to update
the included industries using BLS data on DART rates by NAICS code, and
apply the rule used in two previous OSHA rulemakings--that
establishments in industries with DART rates of 75 percent or more of
the mean overall DART rate should record injuries and illnesses. Based
on analysis of the record and data from the Census Bureau provided in
the industrial profile section of this analysis, OSHA estimates that
160,000 establishments will now be partially exempt from keeping
records. According to 2010 data from BLS, these establishments have an
average injury and illness rate of 1.4 cases per 100 full-time workers.
On the other hand, the revision to the regulation applies injury and
illness recordkeeping requirements to an additional 220,000
establishments that have an average injury and illness rate of 2.8
cases per 100 full-time workers. Though on average, establishments
newly required to record have higher injury and illness rates than
those newly partially exempted, there will certainly be individual
portions of industries that are newly required to record even though
their injury and illness rates are quite low, as well as portions of
industries that are newly exempt even though their injury and illness
rates are quite high. This is the inevitable result of categorizing
industries based on similarity of business products or services rather
than similarity of risk of occupational injury and illness. However, as
the average injury and illness rates for the industries newly required
to record and newly partially-exempt from recording show, on the whole
the changes that result from the transition from SIC to NAICS will
require higher-risk establishments to record while partially-exempting
lower-risk establishments.
    Some commenters, such as the SBA Office of Advocacy, were concerned
that ``industries with declining injury and illness rates would now be
required to maintain OSHA Logs even though their workplaces have become
safer.'' SBA went on to call the basic criteria OSHA used
``arbitrary.'' There was also an implicit concern that although
industries had lower injury and illness rates in the aggregate, more
industries would be required to routinely record. On the other hand,
some commenters argued that OSHA should require all establishments to
routinely record work-related injuries and illnesses.
    OSHA's original justification in 1982 for providing a partial
exemption to industries with injury and illness rates below 75 percent
of the national average injury and illness rate was primarily based on
two reasons, (1) that records would be available in establishments more
likely to be inspected by OSHA; and (2) that the number of
establishments required to keep records that would record no injuries
or illnesses would be limited (47 FR 57699-701). At that time, OSHA
viewed the primary purpose of injury and illness rate records as
something to be made available during an OSHA inspection. Since OSHA
continues to do inspections, the decline in injury and illness rates is
not relevant to the first reason. As for the second reason, the size of
the establishment is at least as relevant as the injury and illness
rate. A larger establishment with a lower injury and illness rate may
be more likely to have a recordable injury or illness than a smaller
establishment with a higher injury and illness rate,
    The changes to the partial exemption in this final rule have
several benefits, two of which were explicitly recognized in the
original 1982 rulemaking. First, because on average, the update in the
data used to calculate the average DART rate partially exempts
establishments with a lower average DART rate from the recording
requirements, and adds establishments with a higher average DART rate
to the recording requirements, there will be fewer facilities that will
have to keep records even though they will never record an injury or
illness. Second, the establishments that OSHA is most likely to
inspect, those with 10 or more employees in higher-hazard industries,
will have a record of injuries and illnesses available at the time of
the inspection. OSHA is relatively unlikely to inspect partially-
exempted industries unless there is a fatality, catastrophe, or
complaint, and thus there is less need for a record of injuries and
illnesses to help guide the inspection.
    In addition, OSHA emphasizes today that recordkeeping is not simply
a requirement useful in the event of an OSHA inspection, but that
recordkeeping also permits workers and employers to gather worksite
data that enhance the identification and elimination of hazards that
pose serious risks to workers. This function seems useful whenever and
wherever there are preventable injuries and illnesses and is not
limited by the level of hazard found. There are several reasons to
believe that a requirement to keep records can be a first step toward
lowering injury and illness rates. Simply the process of keeping and
certifying accurate records will make employers more aware of their
safety and health problems and provide them with a basis for
benchmarking themselves against others in their industry. Recordkeeping
data should also allow them to take steps to prevent injuries and
illnesses from occurring in the same manner. Having records available
also enables OSHA compliance officers to focus their inspection
activities in areas with high numbers of injuries and illnesses. As a
result of keeping records, the average employer in an industry with
relatively high injury and illness rates, their employees, and OSHA
will have a better understanding of the nature of the serious injuries
and illnesses occurring in establishments. On the other hand, some
employers with relatively low injury and illness rates will now be
partially exempt from keeping records and providing them to their
employees or OSHA.
    The employers newly required to keep records have an average costs
of $117 per injury or illness recorded (based on dividing the total
cost of recording in Table V-3 by the total number of injuries in Table
V-1.) On the other hand, newly partially-exempted establishments had
average costs of $208 per injury and illness recorded (based on
dividing the total cost of recording in Table V-4 by the total number
of injuries in Table V-2.) This revision is more cost-effective than
the original rule in the sense that the revision adds employers with a
lower average cost of recording injuries and

illnesses and removes employers with a higher average cost, and this
serves to lower the average cost of recording injuries and illnesses
for the rule as a whole.
    Although OSHA lacks the information to determine the exact value of
keeping OSHA injury and illness records, it is possible to look at
scenarios that justify OSHA's assertion that there is some value to
recording injuries and illnesses when the cost of recording is under
$200 per case. A meta-analysis of willingness-to-pay estimates
(Viscusi, et al., 2003) values a prevented injury at $62,000. Using the
cost of a record as $117 per case, there would be recordkeeping costs
of $23,400 for two hundred cases. If keeping injury and illness records
results in eliminating one injury in two hundred, then there would be
benefits for these two hundred injuries and illnesses of $62,000.
Compared to costs of $23,400, this results in a net benefit of $38,600
for these two hundred cases. However, some account must be taken of the
costs of correcting these hazards. If the costs of eliminating the
hazard that lead to the injury or illness are $38,600, then the benefit
and costs would be equal ($62,000 in benefit equals $23,400 in
recording costs plus $38,600 in control costs.) To the extent that the
ratio of illnesses and injuries prevented to illnesses and injuries
reported is greater than 1 in 200, or if the control costs necessary to
prevent the injury or illness were lower, the benefits of keeping the
record would exceed the costs. OSHA believes that there are many such
situations. For example, many injuries could be prevented by assuring
that already-provided PPE is consistently used--a relatively
inexpensive kind of fix. Further, there may be situations in recording
injuries and illnesses that may be worthwhile even when the cost of
recording exceeds an average of $200 per case. In any event,
investments in preventing injuries and illnesses as a result of
recordkeeping are entirely voluntary, and employers are likely to
undertake only those investments for which the employer believes the
benefits will exceed the costs. If the employer does not find that the
benefits will exceed the costs, there may be instances where the rule's
reporting requirements will not lead to health and safety benefits.
    As noted above, OSHA's criteria for the partial exemption were
intended neither to expand nor to contract the number of establishments
required to keep records. They were instead intended to minimize the
number of establishments required to keep records that have nothing to
record, while assuring that the establishments OSHA would be most
likely to visit would keep records. Given this approach, there is no
reason why the number of establishments covered by the recordkeeping
regulation should not rise as aggregate industry rates go down,
especially when rates in some of the industries with the highest rates
have gone down the fastest. Further, OSHA inspections suggest, and
safety and health professionals agree, that injury and illness records
can have value to employers and employees even when OSHA does not
visit, provided that reasonable numbers of preventable injuries and
illnesses remain in the industries required to keep records.
    The requirement to report all work-related fatalities, in-patient
hospitalizations, amputations, and losses of an eye assures that OSHA
will be able to better use inspection and enforcement resources by
targeting those resources to establishments with the most serious
hazards. OSHA currently requires the reporting only of fatalities and
incidents resulting in three or more hospitalizations. In-patient
hospitalizations, amputations, and losses of an eye due to work-related
incidents are serious and significant events. Requiring the reporting
of each of these events will ensure that OSHA is informed of
approximately 30 times as many serious events. There are some incidents
leading to hospitalizations that, by their very nature, virtually
guarantee that an OSHA standard was violated. OSHA does not intend to
conduct an inspection for every reported hospitalization. Instead, the
Agency will treat each hospitalization on a case-by-case basis, and
depending on the circumstances, determine whether it is necessary to
inspect, respond by phone and fax, or provide compliance assistance
materials. Greater awareness regarding the extent and nature of such
cases helps OSHA develop and prioritize various OSHA enforcement
programs and initiatives. It also serves the public interest by
enabling OSHA to more effectively and efficiently target occupational
safety and health hazards.
    There will also be potential benefits as a result of better
inspection targeting, to the extent that OSHA's resources are able to
lead to the abatement of a greater number of hazards, and these
abatements have benefits that exceed the costs. The abatement of
additional hazards will also result in additional costs to industry to
abate these hazards. OSHA conducts its enforcement and consultation
programs based on the belief that, in the aggregate, abatement of more
occupational hazards is a reasonable goal for the Agency. This belief
is supported by the fact that, in the aggregate, OSHA's estimates of
the benefits and costs of regulations since 1980 show that the benefits
exceed the costs.
    Six commenters (Exs. 68, 102, 108, 111, 113, 118) either argued
that the proposed requirement to report hospitalizations and
amputations had no benefits or urged OSHA to present a fuller analysis
of benefits. The National Association of Home Builders (NAHB) stated
that ``the burden has no corresponding benefit'' (Ex. 113). The
American Supply Association commented, ``There is no evidence that
reporting isolated hospitalizations to OSHA would meaningfully improve
safety within the workplace'' (Ex. 111). OSHA acknowledges that the PEA
did not include a quantified benefits analysis, but argues that the
costs of the regulation are such that the regulation need only have a
minute effect in reducing injuries and illnesses for the benefits to
exceed the costs. In this final preamble, OSHA has attempted to more
carefully indicate why it believes there may be potential benefits
associated with such reporting. To assist in this explanation, OSHA has
introduced some new studies to the docket, which will be cited where
relevant. However, OSHA is not depending on this new information.
    Having data on establishments that experience significant events
and have higher injury and illness rates will improve inspection
targeting. Studies have shown that OSHA inspections can lead to a
reduction in the rate of injuries and illnesses, and that the effect is
greater where injury and illness rates are higher and where the
inspection finds violations that result in a citation. Most studies
reviewed showed reductions in injuries and illnesses at a given
facility only when the inspection uncovered safety and health
violations that resulted in citations. In a working paper funded by the
RAND Corporation, Haviland (Haviland, et al., 2008) estimated that
firms with between 20 and 250 employees experience a 19 to 24 percent
reduction in injury rates per year for two years following an
inspection that results in a citation. Haviland went on to review
similar prior studies, noting that ``Gray and Mendeloff (2005)
concluded that the impacts of OSHA penalty inspections [measured as a
decline in injuries in the years following an inspection that found
penalties] on lost workday manufacturing injuries had declined steadily
over three periods--from an average of about 20 percent [decline in
injuries in the years following an

inspections where violations were found and penalties were levied] in
1979-1985 to about 12 percent in 1987-1991 and to only (a non-
significant) 1 percent in 1992-1998.'' These various studies thus
provide a range of a 1 to 24 percent decline in injuries in the years
following an inspection that found health and safety violations that
resulted in citations. The studies varied as to the size and industry
of establishments studied, and varied in examining effects from 2 to 4
years after the inspection, but show strong evidence that there is some
positive effect for worker health and safety in the years following an
inspection where citations are issued.
    These studies show that inspections targeted to establishments with
higher injury and illness rates have a greater potential for reducing
injuries and illnesses. The revisions that OSHA is making to these
provisions in Part 1904 will increase the amount of injury and illness
data recorded on employer records and available for review and
collection by OSHA. With this improved availability of data, OSHA will
be able to better target facilities that are more likely to have
violations that result in citations, which will, in turn, have some
positive effect on the rates of injuries and illnesses at those
facilities. The benefit of such improved targeting will only exceed the
cost of improved targeting where the benefits of prevented injuries and
illnesses exceed the costs of correcting of the hazards found via the
improved targeting. However, OSHA's contribution to the Department of
Labor's Strategic Plan is based on the belief that improved targeting
that results in reduced injuries and illnesses is a desirable goal.
Benefits in improved inspection targeting are the primary source of
potential benefits for the requirement to report all in-patient
hospitalizations. Data from the states that currently require reporting
of single work-related in-patient hospitalizations show that
inspections resulting from those hospitalizations result in citations
66.5 percent of the time, while all other inspections result in
citations 51.8 percent of time (OSHA 2012 Integrated Management
Information System, Data Query). Given the finding that citations
resulting from inspections help to reduce the rates of workplace
injuries and illnesses in the years following the inspections,
requiring reporting of single work-related in-patient hospitalizations
at an estimated cost of under $23 per report is highly likely to have a
positive effect on worker safety and health.

E. Technological Feasibility

Partial Exemption
    There are a large number of establishments already recording
injuries and illnesses in compliance with the existing Part 1904
regulation. Further, every year, some firms that were partially exempt
from routinely keeping records under the existing regulation have had
to report injury and illness data to BLS, which demonstrates that such
firms are capable of keeping the required records. OSHA does not see
any reason why employers in industries no longer partially exempt from
recording requirements would experience any feasibility difficulties in
complying with this final rule, and no industry that is newly required
to keep records has recordkeeping issues that would cause it to be
significantly different from industries that are already required to
maintain the records.
Reporting of Fatalities, In-Patient Hospitalizations, Amputations, and
Losses of an Eye
    In six states, an estimated 1.3 million establishments under OSHA
jurisdiction are currently required to report single in-patient
hospitalizations. There are approximately 7.4 million establishments
currently under OSHA's nationwide jurisdiction (Census Bureau, 2009).
Nearly 18 percent of all establishments in the U.S. are already
required to report single in-patient hospitalizations and are
successfully doing so. Therefore, OSHA has no reason to believe that
employers newly required to report single in-patient hospitalizations
would have difficulty complying with this final rule.

F. Economic Feasibility and Impacts

    In this section, OSHA first considers the economic impact on firms
newly required to keep records under this final rule, and then turns to
the economic impact of requirements to report in-patient
hospitalizations, amputations, and losses of an eye. The economic
impact for firms that are no longer required to routinely keep records
is a net reduction in costs and is thus obviously economically
feasible.
Partial Exemption
    OSHA's primary estimate of economic impacts for this analysis is
total annualized cost of compliance per establishment, calculated by
dividing the total annualized incremental costs of compliance for each
industry by the number of affected establishments in each industry.
Table V-6 shows the costs per establishment for four-digit NAICS
industries, and Table V-6A, in the appendix, shows the costs per
establishment for six-digit NAICS industries. Costs per establishment
average $82 per year and range from a minimum of $71 per year per
establishment to a maximum of just under $150 per year per
establishment across six-digit NAICS industries. OSHA believes that
costs of this magnitude could not possibly affect the viability of a
firm and are thus economically feasible. This finding of economic
feasibility would still be valid even if the costs of this provision
were considerably greater than OSHA's estimates. After all, employers
have had to meet these recordkeeping requirements in many industries
for years with no reported impact on the economic viability of those
industries.

[GRAPHIC] [TIFF OMITTED] TR18SE14.004

Reporting of Fatalities, In-Patient Hospitalizations, Amputations, and
Losses of an Eye
    OSHA received many comments claiming that the provision requiring
employers to report fatalities, hospitalizations, and amputations
within a specified time period would be overly burdensome to employers
and would cost more than OSHA estimated (Exs. 27, 39, 53, 63, 89, 97,
98, 104, 105, 108, 111, 113, 119). However, OSHA received no comments
that such costs would be economically infeasible. OSHA notes the
estimate of total costs of approximately $2.6 million per year across
all 7.4 million business establishments in OSHA's jurisdiction; the
average cost per establishment of this provision is $0.32 per
establishment per year. In a typical year, most establishments will not
report a single work-related in-patient hospitalization, amputation, or
loss of an eye. For those establishments that do report such incidents,
the costs will be approximately $23 per reported incident. Costs of
this magnitude--which represent the costs of 30 minutes of employer
time--will not affect the viability of any firm. Even if these costs
were significantly higher, they would not affect the viability of any
firm and thus could not affect the economic feasibility of this part of
the regulation.

G. Regulatory Flexibility Certification

    After the final rule becomes effective, OSHA will continue to
partially exempt employers with fewer than 11 employees from routinely
recording work-related injuries and illnesses. Such very small firms
are affected by the revisions to this rule only insofar as they may
have to report a fatality, in-patient hospitalization, amputation, or
loss of an eye. Such an event will be extremely rare for most small
firms, and even when they occur, OSHA has estimated the costs as
approximately $23 per report, a sum that will not represent a
significant economic impact for even the smallest firms.
    Most of the employers affected by the change in the partial
exemption to the recordkeeping regulation are small firms. Even when
considering the mix of small and large firms covered by this final
rule, the average cost per establishment is well under $100 per year
per establishment. OSHA believes that average costs of less than $100
per establishment do not represent a significant economic impact on
small firms with 11 employees or more. The cost will be lowest for very
small firms that do not have any injuries and illnesses to record.
However, because the fixed costs of setting up a recordkeeping system
are high relative to the marginal costs per injury or illness recorded,
the smallest firms with few injuries and illnesses to record will still
have the highest costs as percentage of revenues.
    The Associated General Contractors of America stated that they
believe that a Small Business Regulatory Enforcement Fairness Act
(SBREFA) panel would enable the Agency to better assess the

impacts of this final rule on small businesses (Ex. 115). The U.S.
Chamber of Commerce also commented that OSHA would benefit from a
SBREFA panel because of the large number of small businesses that will
now have to keep records (Ex. 120). The SBA Office of Advocacy asked
OSHA to consider conducting additional public outreach (Ex. 94). In
response to these comments, OSHA notes that there are already a
substantial number of small businesses currently required to keep
records under the previous regulation, and that no evidence was
presented in the record to show that small businesses are experiencing
significant economic impacts as a result of complying with provisions
identical to those required by this final rule. OSHA reiterates that
with compliance costs of approximately $23 per report for reporting an
incident, and average annual costs of less than $100 for recording
injuries and illnesses, these costs do not represent an economic impact
on small firms of the magnitude that the Agency believes would compel
the need for a SBREFA panel. OSHA has engaged stakeholders throughout
the rulemaking process and received many comments from small businesses
that the Agency incorporated into this final rule and FEA. As a result,
OSHA considers it unlikely that a SBREFA panel would provide any new
information that would alter the estimates of costs or the alternatives
considered as a part of this rulemaking.
    The Associated General Contractors of America stated that the
proposed rule on the MSD column showed that OSHA underestimates small
business impact (Ex. 115). OSHA has not made any determination, either
affirmative or negative, on the assertion that OSHA underestimated the
small business impacts of the MSD column proposed rule.
    As a result of these considerations, and in accordance with the
Regulatory Flexibility Act, OSHA certifies that the final rule will not
have a significant economic impact on a substantial number of small
entities.

H. Appendix: FEA Data at the Six-Digit NAICS Level

    This appendix provides supporting material developed in support of
this rule at the six-digit NAICS level.
    Table V-1A presents data on industries with establishments that
would be newly required to keep records. The table shows the six-digit
NAICS code, industry name, number of affected employees, and estimate
of the number of recordable injuries and illnesses, based on historical
data, for newly affected employers.
    Table V-2A presents data on industries with establishments that
would be newly partially exempt from recordkeeping. The table shows the
six-digit NAICS code, industry name, number of affected establishments
per industry, number of employees, and estimated number of injuries and
illnesses that would no longer be recorded in each affected industry.
    Table V-3A shows OSHA's estimates of the costs of the final rule,
at the six-digit NAICS level, for current partially-exempt employers
who would need to keep records as a result of the final rule.
    Table V-4A shows OSHA's estimates of the cost savings of the final
rule, at the six-digit NAICS level, for employers who would no longer
need to keep records as a result of the proposed rule.
    Table V-6A shows the costs per establishment at the six-digit NAICS
level.

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Bureau of Labor Statistics BLS, 2010. ``Nonfatal Occupational
Injuries and Illnesses Requiring Days Away From Work''. http://
www.bls.gov/news.release/archives/osh211092011.pdf.
Accessed March 2012.
Bureau of Labor Statistics 2011a. ``Incidence Rate and Number of
Nonfatal Occupational Injuries by Industry and Ownership 2010''.
http://www.bls.gov/iif/oshwc/osh/os/ostb2427.pdf. Accessed March
2012.
Bureau of Labor Statistics 2011b. ``National Occupational Employment
and Wage Estimates--May 2010''. United States Bureau of Labor
Statistics, April 2011.
Bureau of Labor Statistics 2011c. ``Employer Cost for Employee
Compensation--September 2011''. December 2011.
Bureau of Labor Statistics 2012. Occupational Injuries and
Illnesses: Industry Data database. Data Query February.
Census Bureau, U.S. 1997. ``Bridge Between NAICS and SIC''. 1997
Economic Census http://www.census.gov/epcd/ec97brdg/. Accessed
October 2010.
Census Bureau, U.S. 2002. ``Bridge Between 2002 NAICS and 1997
NAICS, All Sectors. U.S.'' 2002 Economic Census. http://www.census.gov/econ/census02/data/bridge/. Accessed October 2010.
Census Bureau, U.S. 2007. ``2002 NAICS to 2007 NAICS''. http://www.census.gov/eos/www/naics/concordances/concordances.html.
Accessed October 2011.
Census Bureau, U.S. 2008. ``Number of Firms, Number of
Establishments, Employment, and Annual Payroll by Employment Size of
the Enterprise for the United States, All Industries 2006''. http://
www2.census.gov/econ/susb/data/2006/
us6digitnaics2006.xls. Accessed September 2010.
Census Bureau, U.S. 2009. ``Number of Firms, Number of
Establishments, Employment, and Annual Payroll by Employment Size of
the Enterprise for the United States, All Industries 2009''. http://www.census.gov/econ/cbp/download/09data/index.htm/cbp09us.zip.
Accessed September 2010.
Census Bureau, U.S. 2012. ``U.S., All Industries. Statistics of U.S.
Businesses''. http://www.census.gov/econ/susb/. Accessed March 2013.
Centers for Disease Control and Prevention 2007. ``Nonfatal
Occupational Injuries and Illnesses--United States, 2004''.
Morbidity and Mortality Weekly Report. April 27. 56(16):393-397''
http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5616a3.htm. Accessed
April 2012.
Dembe AE, Mastroberti MA, Fox SE., Bigelow C, and Banks SM 2003.
``Inpatient hospital care for work-related injuries and illnesses''.
American Journal of Industrial Medicine. 44(4):331-42.
Haviland AM, Burns RM, Gray W, Ruder T, and Mendeloff J 2008. ``The
Impact of OSHA Inspections on Lost Time Injuries in Manufacturing:
Pennsylvania Manufacturing, 1998-2005''. Working paper. RAND Center
for Health and Safety in the Workplace. September. http://
www.rand.org/pubs/workingpapers/2008/
RANDWR592.pdf. Accessed March 2012.
Leigh JP, Markowitz SB, Fahs M, and Landrigan PJ 2000. ``Costs of
Occupational Injuries and Illnesses''. Ann Arbor: University of
Michigan Press.
Moshfeghi DM, Moshfeghi AA, and Finer PT 2000, ``A Review of
Enucleation''. Survey of Ophthalmology. 44:277-301.
Murphy PL, Sorock GS, Courtney TK, Webster B, and Leamon TB 1996.
``Injury and Illness in the American Workplace: A Comparison of Data
Sources''. American Journal of Industrial Medicine. 30:130-141.
Occupational Safety and Health Administration 2001. ``Occupational
Injury and Illness Recording and Reporting Requirements: Final
Economic Analysis''. FR 66:5916-6135. January 19.
Occupational Safety and Health Administration 2010. ``Regional
Federal and State Fatality/Catastrophe Weekly Report Ending
September 25, 2010''. http://www.osha.gov/dep/fatcat/
fatcatregionalrpt09252010.html. Accessed
March 2012.
Occupational Safety and Health Administration 2011. ``Recordkeeping
and Reporting Occupational Injuries and

Illnesses (29 CFR Part 1904): Supporting Statement A''. ICR, SS
1218-0176. March 23.
Occupational Safety and Health Administration 2012. Integrated
Management Information System, Data Query 2012.
Office of Management and Budget 2006. ``North American Industry
Classification System--Revision for 2007''. Notice. 70 FR 12390-
12399. May 16.
Viscusi, Kip; Joseph E. Aldy 2003. ``The Value of a Statistical
Life: A Critical Review of Market Estimates Throughout the World.''
Journal of Risk and Uncertainty. 2003 27 (1): 5-76.

VI. Environmental Impact Assessment

    OSHA has reviewed the provisions of this final rule in accordance
with the requirements of the National Environmental Policy Act (NEPA)
of 1969 (42 U.S.C. 4321 et seq.), the Council on Environmental Quality
(CEQ) NEPA regulations (40 CFR parts 1500-1508), and the Department of
Labor's NEPA Procedures (29 CFR part 11). As a result of this review,
OSHA has determined that the final rule will have no significant
adverse effect on air, water, or soil quality, plant or animal life,
use of land, or other aspects of the environment.

VII. Federalism

    The final rule has been reviewed in accordance with Executive Order
13132 regarding Federalism (52 FR 41685). The final rule is a
``regulation'' issued under Sections 8 and 24 of the OSH Act (29 U.S.C.
657, 673) and not an ``occupational safety and health standard'' issued
under Section 6 of the OSH Act (29 U.S.C. 655). Therefore, pursuant to
section 667(a) of the OSH Act, the final rule does not preempt State
law (29 U.S.C. 667(a)). The effect of the final rule on OSHA-approved
State Plan States is discussed in section X.

VIII. Unfunded Mandates

    Section 3 of the Occupational Safety and Health Act makes clear
that OSHA cannot enforce compliance with its regulations or standards
on the U.S. government ``or any State or political subdivision of a
State.'' Under voluntary agreement with OSHA, some States enforce
compliance with their State standards on public sector entities, and
these agreements specify that these State standards must be equivalent
to OSHA standards. Thus, although OSHA may include compliance costs for
affected public sector entities in its analysis of the expected impacts
associated with the final rule, the rule does not involve any unfunded
mandates being imposed on any State or local government entity.
    Based on the evidence presented in this economic analysis, OSHA
concludes that the final rule would not impose a Federal mandate on the
private sector in excess of $100 million in expenditures in any one
year. Accordingly, OSHA is not required to issue a written statement
containing a qualitative and quantitative assessment of the anticipated
costs and benefits of the Federal mandate, as required under Section
202(a) of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532(a)).

IX. Office of Management and Budget Review Under the Paperwork
Reduction Act of 1995

    The final rule contains collection of information (paperwork)
requirements that are subject to review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA)(44 U.S.C.
3501 et seq.) and OMB regulations (5 CFR part 1320). The PRA requires
that agencies obtain approval from OMB before conducting any collection
of information (44 U.S.C. 3507). The PRA defines a ``collection of
information'' as ``the obtaining, causing to be obtained, soliciting,
or requiring the disclosure to third parties or the public of facts or
opinions by or for an agency regardless of form or format'' (44 U.S.C.
3502(3)(A)).
    OSHA's existing recordkeeping forms consist of the OSHA 300 Log,
the 300A Summary, and the 301 Report. These forms are contained in the
Information Collection Request (ICR) (paperwork package) titled 29 CFR
part 1904 Recordkeeping and Reporting Occupational Injuries and
Illnesses, which OMB approved under OMB Control Number 1218-0176
(expiration date 07/31/2017).
    The final rule affects the ICR estimates in four ways: 1) The
number of establishments covered by the recordkeeping regulation
increases by 60,210 establishments; 2) the number of injuries and
illnesses recorded by covered establishments increases by 97,182 cases;
3) the number of reportable events (fatalities, in-patient
hospitalizations, amputations, and losses of an eye) reported by
employers increases by 117,000 reports, and 4) the time required to
report a fatality or catastrophe to OSHA is increased from 15 minutes
per report to 30 minutes per report. In the initial year, the burden
hours for the final rule are estimated to be 392,676, and in subsequent
years, the total burden hours are estimated to be 172,828. As a result
of these changes, the total burden for the Recordkeeping rule as a
whole will rise from 2,967,236 per year to 3,359,913 in the first year
and to 3,140,065 in subsequent years. There are no capital costs for
this collection of information.
    The tables below present the various components of the rule that
comprise the ICR estimates. Table IX-1 presents the estimated burden of
the entire rule for the initial year. Table IX-2 presents the estimated
burden for the entire rule in subsequent years. The estimated initial-
year burden is greater because all newly-covered establishments must
learn the basics of the recordkeeping system upon implementation of the
final rule. In subsequent years, only establishments with turnover in
the recordkeeper position will incur this burden.

                                                    Table IX-1--Estimated Burden Hours--Initial Year
                                                                [Estimated burden hours]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Current OMB approval                                                   Implementation of the final rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Number of    Unit hours per   Total burden      Number of    Unit hours per   Total burden
           Actions entailing paperwork burden                  cases           case            hours           cases           case            hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1904.4--Complete OSHA 301 (Includes research of                1,180,529           0.367         433,254       1,219,385           0.367         447,514
 instructions and case details to complete the form)....
1904.4--Line entry on OSHA Form 300 other than                 2,613,635           0.233         608,977       2,710,817           0.233         631,620
 needlesticks (Includes research of instructions and
 case details to complete the form).....................

1904.8--Line entry on OSHA Form 300 for needlesticks             337,645           0.083          28,025         337,645           0.083          28,025
 (Includes research of instructions and case details to
 complete the form).....................................
1904.29(b)(6)--Entry on privacy concern case                     350,800            0.05          17,540         364,753            0.05          18,238
 confidential list......................................
1904.32--Complete, certify and post OSHA Form 300A             1,585,374           0.967       1,533,057       1,645,494           0.967       1,591,193
 (Includes research of instructions)....................
1904.35--Employee Access to the OSHA Form 300...........         111,540           0.083           9,258         115,185           0.083           9,560
1904.35--Employee Access to the OSHA Form 301...........         287,980           0.083          23,902         304,846           0.083          25,302
1904.39--Report fatalities/catastrophes.................           2,028            0.25             507         119,028            0. 5          59,514
Learning Basics of the Recordkeeping System--newly               312,717               1         312,717         548,947               1         548,947
 covered and turnover of personnel......................
1904.38--Request for variance...........................               0               0               0               0               0               0
                                                         -----------------------------------------------------------------------------------------------
    Total Burden Hours..................................  ..............  ..............       2,967,236  ..............  ..............       3,359,913
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                  Table IX-2--Estimated Burden Hours--Subsequent Years
                                                                [Estimated burden hours]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Current OMB approval                                                   Implementation of the final rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Number of    Unit hours per   Total burden      Number of    Unit hours per   Total burden
           Actions entailing paperwork burden                  cases           case            hours           cases           case            hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1904.4--Complete OSHA 301 (Includes research of                1,180,529           0.367         433,254       1,219,385           0.367         447,514
 instructions and case details to complete the form)....
1904.4--Line entry on OSHA Form 300 other than                 2,613,635           0.233         608,977       2,710,817           0.233         631,620
 needlesticks (Includes research of instructions and
 case details to complete the form).....................
1904.8--Line entry on OSHA Form 300 for needlesticks             337,645           0.083          28,025         337,645           0.083          28,025
 (Includes research of instructions and case details to
 complete the form).....................................
1904.29(b)(6)--Entry on privacy concern case                     350,800            0.05          17,540         364,753            0.05          18,238
 confidential list......................................
1904.32--Complete, certify and post OSHA Form 300A             1,585,374           0.967       1,533,057       1,645,494           0.967       1,591,193
 (Includes research of instructions)....................
1904.35--Employee Access to the OSHA Form 300...........         111,540           0.083           9,258         115,185           0.083           9,560
1904.35--Employee Access to the OSHA Form 301...........         287,980           0.083          23,902         304,846           0.083          25,302
1904.39--Report fatalities/catastrophes.................           2,028            0.25             507         119,028            0. 5          59,514
Learning Basics of the Recordkeeping System--turnover of         312,717               1         312,717         329,099               1         329,099
 personnel..............................................
1904.38--Request for variance...........................               0               0               0               0               0               0
                                                         -----------------------------------------------------------------------------------------------
    Total Burden Hours..................................  ..............  ..............       2,967,236  ..............  ..............       3,140,065
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As a new option, an employer may report to OSHA work-related
fatalities, amputations, in-patient hospitalizations, or the loss of an
eye by electronic submission using a fatality/injury/illness reporting
application that will be located on OSHA's public Web site at
www.osha.gov. The public will be given the opportunity to comment on
this new collection option through the Paperwork Reduction Act (PRA)
approval process when OSHA applies to reauthorize the information
collection.
    OSHA received a number of comments pertaining to the estimated time
necessary to meet the proposed paperwork requirements.
    Initial training of recordkeepers is expected to require one hour
per establishment and will apply to current partially-exempt
establishments that would be newly required to keep records. A
commenter (Ex. 17) noted

that this requirement would signify the need for retraining of both
human resource and safety professionals. OSHA assumes that the average
establishment that employs 25 workers will only assign recordkeeping
duties to one employee per establishment.
    Dow, the National Automobile Dealers Association (NADA), and a few
other commenters argued that it would take longer than an hour to train
a competent recordkeeper (Exs. 64, 100, 106, 119, 124). NADA stated
specifically that the training would entail a one-day course at the
cost of $300. OSHA agrees that some establishments with large employee
populations that experience large numbers of injuries and illnesses
would benefit from an intensive training program. It should be noted
that there is a trade-off between time spent on training and time spent
on individual records. A recordkeeper at a large establishment with
many injuries and illnesses may find it more efficient to have more
extensive initial training in order to spend less time on each
individual record. A recordkeeper who records only two or three
injuries a year will be better off learning about the complexities of
the system only if such complexities ever actually arise in their
establishment, resulting in lower initial training costs but more time
spent recording each incident. OSHA's estimates are designed to
represent an average across large and small firms and establishments,
taking into account both situations where more extensive initial
training is provided as well as situations where less extensive initial
training is sufficient.
    The vast majority of establishments in these low-rate industries do
not experience large numbers of injuries and illnesses. OSHA believes
these establishments will require training on only the fundamentals of
the recordkeeping requirements. For establishments that experience few
injuries and illnesses, OSHA believes these employers will use a more
efficient method of researching the recordability of unique injuries
and illnesses on a case by case basis. The associated paperwork burden
for these situations is included in the time estimate for recording
each individual case. On its public Web site, OSHA provides a brief
tutorial on completing the recordkeeping forms. This tutorial provides
employers with a fundamental knowledge of the recordkeeping
requirements. The tutorial takes approximately 15 minutes to view. OSHA
believes that an estimate of one hour of training is a reasonable
middle ground between establishments that require an intensive training
and those that only require a fundamental knowledge of the system to
meet their recordkeeping obligations.
    Dow commented that deciding whether the injury or illness is
recordable takes more time and more people than OSHA had estimated (Ex.
64). Dow also commented that reporting events would require the
attention of several different people. However, OSHA believes that
after initial familiarization with the recordkeeping requirements, the
vast majority of companies will assign responsibilities to an
experienced professional who they feel is competent to make decisions
on the recordability of an incident, and who will be in close
communication with the management team. OSHA also has tools, such as
its Recordkeeping Advisor, available on the Agency's recordkeeping
homepage, which will make it easier to determine whether an incident is
recordable.
    OSHA received several comments on its time estimate of 15 minutes
for reporting in-patient hospitalizations and amputations to OSHA. OSHA
estimated that reporting in-patient hospitalizations, amputations, or
losses of an eye is an activity that is expected to require the same
time as OSHA estimates for reporting fatalities and multiple
hospitalizations: 0.25 hours of OHSS labor per fatality or
hospitalization (OSHA, 2011). Several commenters suggested that
reporting to OSHA would take more than 15 minutes (Exs. 46, 65, 67, 68,
83, 110). The American Society of Safety Engineers and others claimed
that the phone call to report to OSHA is too complex to complete in 15
minutes, but provide no reason as to why the call is too complex to
complete in that time, given the information that must be provided
during such a phone call is quite simple (Exs. 46, 83, 110). The Dow
Chemical Company stated that this phone call would require the
attention of several different salaried professionals (Ex. 64). FedEx
said that the allotted time should also include the time required to
enter the information into their system and to allow for subsequent
review by management, and recommends that OSHA calculate 30 minutes for
the reporting time (Ex. 67). The American Trucking Association voiced
the view that 15 minutes is a ``gross underestimation'' of the time
required to report to OSHA and that in their experience reporting
takes, on average, 30 minutes (Ex. 65).
    In response, OSHA has revised its estimate of time required to
complete a hospitalization report to include activities prior the call
to OSHA such as information gathering and review and now estimates that
the this requirement will require 30 minutes in total.
    Mercer ORC HSE Networks stated that it could take longer than 15
minutes to make a connection over the phone with OSHA, and that such a
connection is especially difficult outside of OSHA's normal operating
hours (Ex. 68). In response to this comment, the Agency notes that OSHA
has a toll-free number for employers to call that is staffed 24 hours
per day, to allow immediate reporting at any hour of the day. This
final rule also enables 24-hour reporting over a web form that OSHA
will create in conjunction with issuance of the final rule. OSHA
acknowledges that there might be times when an employer will have to
wait on hold to speak to an OSHA representative, but OSHA believes that
on the average, even allowing for such delays, the report will not
exceed 30 minutes.
    NUCA, a trade association representing utility construction and
excavation contractors, expressed a concern that OSHA's PEA
``significantly underestimated the economic impact of obtaining injury
information on a construction site which does not necessarily have an
office''. In NUCA's estimation, the entire process of collecting,
transmitting, and recording the information would far exceed 15 minutes
(Ex. 110). In response, at this time, there are a wide variety of
mechanisms that virtually all managers will have, such as cell phones,
that can be used to report to OSHA or a corporate central office.
    The PRA specifies that Federal agencies cannot conduct or sponsor a
collection of information unless it is approved by OMB and displays a
currently valid OMB (44 U.S.C. 3507). Also, notwithstanding any other
provision of law, respondents are not required to respond to the
information collection requirements until they have been approved and a
currently valid control number is displayed. OSHA will publish a
subsequent Federal Register document when OMB takes further action on
the information collection requirements in the Recordkeeping and
Recording Occupational Injuries and Illnesses rule.

X. State Plan Requirements

    Notice of intent and adoption required. The States with OSHA-
approved State Plans are required to adopt a rule identical to or at
least as effective as this final Recordkeeping regulation. State Plans
are required to notify OSHA within 60 days whether they intend to adopt
the recordkeeping regulation.

    States with OSHA-approved State Plans are ordinarily provided six
months to adopt a regulation or standard that is either identical to or
at least as effective as a new Federal regulation or standard. For
certain injury and illness recording provisions, the State Plans'
recordkeeping regulations must be identical to the Federal regulations
(29 CFR 1904.4 through 1904.11). OSHA regulations (29 CFR 1904.37(b)(1)
and 1952.4(a)) explain that States with approved State Plans must have
recording and reporting regulations that impose identical requirements
for determining which injuries and illnesses are recordable and how
they are entered. As noted in the preamble to the 2001 Recordkeeping
regulation, these requirements must be the same for employers in all
the States, whether under Federal or State Plan jurisdiction, and for
state and local government employers covered only through State Plans,
to ensure that the occupational injury and illness data for the entire
nation are uniform and consistent, so that statistics that allow
comparisons between the States and between employers located in
different States are created (66 FR 6060-6061).
    Per 29 CFR 1953.4(b), if a State Plan adopts or maintains
recordkeeping requirements that differ from federal requirements, the
State must identify the differences and may either post its policy on
its Web site and provide the link to OSHA or submit an electronic copy
to OSHA with information on how the public may obtain a copy. If a
State Plan adopts requirements that are identical to federal
requirements, the State Plan must provide the date of adoption to OSHA.
State Plan adoption must be accomplished within six months, with
posting or submission of documentation within 60 days of adoption. The
effective date for changes to 29 CFR 1904.2 must be either January 1,
2015 (encouraged) or January 1, 2016 (required). OSHA will provide
summary information on the State Plan response to this instruction on
its Web site at www.osha.gov/dcsp/osp/index.html.

XI. Consultation and Coordination With Indian Tribal Governments

    OSHA reviewed this final rule in accordance with Executive Order
13175 (65 FR 67249 (Nov. 9, 2000)) and determined that it does not have
``tribal implications'' as defined in that order. This final rule does
not have substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
government and Indian tribes.

List of Subjects in 29 CFR Part 1904

    Health statistics, Occupational safety and health, Reporting and
recordkeeping requirements.

Authority and Signature

    This document was prepared under the direction of David Michaels,
Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and
Health. It is issued under Sections 8 and 24 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 657, 673), 5 U.S.C. 553, and
Secretary of Labor's Order No. 4-2010 (75 FR 55355 (9/10/2010)).

    Signed at Washington, DC on September 5, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

Final Rule

    Part 1904 of Title 29 of the Code of Federal Regulations is hereby
amended as follows:

 PART 1904--[AMENDED]

0
1. The authority citation for part 1904 continues to read as follows:

    Authority: 29 U.S.C. 657, 658, 660, 666, 669, 673, Secretary of
Labor's Order No. 3-2000 (65 FR 50017), and 5 U.S.C. 533.

0
2. Amend Sec.  1904.2 by revising paragraphs (a)(1) and (b) to read as
follows:

Sec.  1904.2  Partial exemption for establishments in certain
industries.

    (a) Basic requirement. (1) If your business establishment is
classified in a specific industry group listed in appendix A to this
subpart, you do not need to keep OSHA injury and illness records unless
the government asks you to keep the records under Sec. Sec.  1904.41 or
1904.42. However, all employers must report to OSHA any workplace
incident that results in an employee's fatality, in-patient
hospitalization, amputation, or loss of an eye (see Sec.  1904.39).
* * * * *
    (b) Implementation--(1) Is the partial industry classification
exemption based on the industry classification of my entire company or
on the classification of individual business establishments operated by
my company? The partial industry classification exemption applies to
individual business establishments. If a company has several business
establishments engaged in different classes of business activities,
some of the company's establishments may be required to keep records,
while others may be partially exempt.
    (2) How do I determine the correct NAICS code for my company or for
individual establishments? You can determine your NAICS code by using
one of three methods, or you may contact your nearest OSHA office or
State agency for help in determining your NAICS code:
    (i) You can use the search feature at the U.S. Census Bureau NAICS
main Web page: http://www.census.gov/eos/www/naics/. In the search box
for the most recent NAICS, enter a keyword that describes your kind of
business. A list of primary business activities containing that keyword
and the corresponding NAICS codes will appear. Choose the one that most
closely corresponds to your primary business activity, or refine your
search to obtain other choices.
    (ii) Rather than searching through a list of primary business
activities, you may also view the most recent complete NAICS structure
with codes and titles by clicking on the link for the most recent NAICS
on the U.S. Census Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/. Then click on the two-digit Sector code to see all the
NAICS codes under that Sector. Then choose the six-digit code of your
interest to see the corresponding definition, as well as cross-
references and index items, when available.
    (iii) If you know your old SIC code, you can also find the
appropriate 2002 NAICS code by using the detailed conversion
(concordance) between the 1987 SIC and 2002 NAICS available in Excel
format for download at the ``Concordances'' link at the U.S. Census
Bureau NAICS main Web page: http://www.census.gov/eos/www/naics/.

0
3. Revise Non-Mandatory Appendix A to Subpart B of Part 1904 to read as
follows:

Non-Mandatory Appendix A to Subpart B of Part 1904--Partially Exempt
Industries

    Employers are not required to keep OSHA injury and illness
records for any establishment classified in the following North
American Industry Classification System (NAICS) codes, unless they
are asked in writing to do so by OSHA, the Bureau of Labor
Statistics (BLS), or a state agency operating under the authority of
OSHA or the BLS. All employers, including those partially exempted
by reason of company size or industry classification, must report to
OSHA any employee's fatality, in-patient hospitalization,
amputation, or loss of an eye (see Sec.  1904.39).

------------------------------------------------------------------------
           NAICS Code                            Industry
------------------------------------------------------------------------
4412...........................  Other Motor Vehicle Dealers.
4431...........................  Electronics and Appliance Stores.
4461...........................  Health and Personal Care Stores.
4471...........................  Gasoline Stations.

4481...........................  Clothing Stores.
4482...........................  Shoe Stores.
4483...........................  Jewelry, Luggage, and Leather Goods
                                  Stores.
4511...........................  Sporting Goods, Hobby, and Musical
                                  Instrument Stores.
4512...........................  Book, Periodical, and Music Stores.
4531...........................  Florists.
4532...........................  Office Supplies, Stationery, and Gift
                                  Stores.
4812...........................  Nonscheduled Air Transportation.
4861...........................  Pipeline Transportation of Crude Oil.
4862...........................  Pipeline Transportation of Natural Gas.
4869...........................  Other Pipeline Transportation.
4879...........................  Scenic and Sightseeing Transportation,
                                  Other.
4885...........................  Freight Transportation Arrangement.
5111...........................  Newspaper, Periodical, Book, and
                                  Directory Publishers.
5112...........................  Software Publishers.
5121...........................  Motion Picture and Video Industries.
5122...........................  Sound Recording Industries.
5151...........................  Radio and Television Broadcasting.
5172...........................  Wireless Telecommunications Carriers
                                  (except Satellite).
5173...........................  Telecommunications Resellers.
5179...........................  Other Telecommunications.
5181...........................  Internet Service Providers and Web
                                  Search Portals.
5182...........................  Data Processing, Hosting, and Related
                                  Services.
5191...........................  Other Information Services.
5211...........................  Monetary Authorities--Central Bank.
5221...........................  Depository Credit Intermediation.
5222...........................  Nondepository Credit Intermediation.
5223...........................  Activities Related to Credit
                                  Intermediation.
5231...........................  Securities and Commodity Contracts
                                  Intermediation and Brokerage.
5232...........................  Securities and Commodity Exchanges.
5239...........................  Other Financial Investment Activities.
5241...........................  Insurance Carriers.
5242...........................  Agencies, Brokerages, and Other
                                  Insurance Related Activities.
5251...........................  Insurance and Employee Benefit Funds.
5259...........................  Other Investment Pools and Funds.
5312...........................  Offices of Real Estate Agents and
                                  Brokers.
5331...........................  Lessors of Nonfinancial Intangible
                                  Assets (except Copyrighted Works).
5411...........................  Legal Services.
5412...........................  Accounting, Tax Preparation,
                                  Bookkeeping, and Payroll Services.
5413...........................  Architectural, Engineering, and Related
                                  Services.
5414...........................  Specialized Design Services.
5415...........................  Computer Systems Design and Related
                                  Services.
5416...........................  Management, Scientific, and Technical
                                  Consulting Services.
5417...........................  Scientific Research and Development
                                  Services.
5418...........................  Advertising and Related Services.
5511...........................  Management of Companies and
                                  Enterprises.
5611...........................  Office Administrative Services.
5614...........................  Business Support Services.
5615...........................  Travel Arrangement and Reservation
                                  Services.
5616...........................  Investigation and Security Services.
6111...........................  Elementary and Secondary Schools.
6112...........................  Junior Colleges.
6113...........................  Colleges, Universities, and
                                  Professional Schools.
6114...........................  Business Schools and Computer and
                                  Management Training.
6115...........................  Technical and Trade Schools.
6116...........................  Other Schools and Instruction.
6117...........................  Educational Support Services.
6211...........................  Offices of Physicians.
6212...........................  Offices of Dentists.
6213...........................  Offices of Other Health Practitioners.
6214...........................  Outpatient Care Centers.
6215...........................  Medical and Diagnostic Laboratories.
6244...........................  Child Day Care Services.
7114...........................  Agents and Managers for Artists,
                                  Athletes, Entertainers, and Other
                                  Public Figures.
7115...........................  Independent Artists, Writers, and
                                  Performers.
7213...........................  Rooming and Boarding Houses.
7221...........................  Full-Service Restaurants.
7222...........................  Limited-Service Eating Places.
7224...........................  Drinking Places (Alcoholic Beverages).
8112...........................  Electronic and Precision Equipment
                                  Repair and Maintenance.
8114...........................  Personal and Household Goods Repair and
                                  Maintenance.
8121...........................  Personal Care Services.
8122...........................  Death Care Services.
8131...........................  Religious Organizations.
8132...........................  Grantmaking and Giving Services.
8133...........................  Social Advocacy Organizations.
8134...........................  Civic and Social Organizations.
8139...........................  Business, Professional, Labor,
                                  Political, and Similar Organizations.
------------------------------------------------------------------------

0
4. Revise Sec.  1904.39 to read as follows:

Sec.  1904.39  Reporting fatalities, hospitalizations, amputations, and
losses of an eye as a result of work-related incidents to OSHA.

    (a) Basic requirement. (1) Within eight (8) hours after the death
of any employee as a result of a work-related incident, you must report
the fatality to the Occupational Safety and Health Administration
(OSHA), U.S. Department of Labor.
    (2) Within twenty-four (24) hours after the in-patient
hospitalization of one or more employees or an employee's amputation or
an employee's loss of an eye, as a result of a work-related incident,
you must report the in-patient hospitalization, amputation, or loss of
an eye to OSHA.
    (3) You must report the fatality, in-patient hospitalization,
amputation, or loss of an eye using one of the following methods:
    (i) By telephone or in person to the OSHA Area Office that is
nearest to the site of the incident.
    (ii) By telephone to the OSHA toll-free central telephone number,
1-800-321-OSHA (1-800-321-6742).
    (iii) By electronic submission using the reporting application
located on OSHA's public Web site at www.osha.gov.
    (b) Implementation--(1) If the Area Office is closed, may I report
the fatality, in-patient hospitalization, amputation, or loss of an eye
by leaving a message on OSHA's answering machine, faxing the Area
Office, or sending an email? No, if the Area Office is closed, you must
report the fatality, in-patient hospitalization, amputation, or loss of
an eye using either the 800 number or the reporting application located
on OSHA's public Web site at www.osha.gov.
    (2) What information do I need to give to OSHA about the in-patient
hospitalization, amputation, or loss of an eye? You must give OSHA the
following information for each fatality, in-patient hospitalization,
amputation, or loss of an eye:
    (i) The establishment name;
    (ii) The location of the work-related incident;
    (iii) The time of the work-related incident;
    (iv) The type of reportable event (i.e., fatality, in-patient
hospitalization, amputation, or loss of an eye);
    (v) The number of employees who suffered a fatality, in-patient
hospitalization, amputation, or loss of an eye;
    (vi) The names of the employees who suffered a fatality, in-patient
hospitalization, amputation, or loss of an eye;
    (vii) Your contact person and his or her phone number; and
    (viii) A brief description of the work-related incident.
    (3) Do I have to report the fatality, in-patient hospitalization,
amputation, or loss of an eye if it resulted from a motor vehicle
accident on a public street or highway? If the motor vehicle accident
occurred in a construction work zone, you must report the fatality, in-
patient hospitalization, amputation, or loss of an eye. If the motor
vehicle accident occurred on a public street or highway,

but not in a construction work zone, you do not have to report the
fatality, in-patient hospitalization, amputation, or loss of an eye to
OSHA. However, the fatality, in-patient hospitalization, amputation, or
loss of an eye must be recorded on your OSHA injury and illness
records, if you are required to keep such records.
    (4) Do I have to report the fatality, in-patient hospitalization,
amputation, or loss of an eye if it occurred on a commercial or public
transportation system? No, you do not have to report the fatality, in-
patient hospitalization, amputation, or loss of an eye to OSHA if it
occurred on a commercial or public transportation system (e.g.,
airplane, train, subway, or bus). However, the fatality, in-patient
hospitalization, amputation, or loss of an eye must be recorded on your
OSHA injury and illness records, if you are required to keep such
records.
    (5) Do I have to report a work-related fatality or in-patient
hospitalization caused by a heart attack? Yes, your local OSHA Area
Office director will decide whether to investigate the event, depending
on the circumstances of the heart attack.
    (6) What if the fatality, in-patient hospitalization, amputation,
or loss of an eye does not occur during or right after the work-related
incident? You must only report a fatality to OSHA if the fatality
occurs within thirty (30) days of the work-related incident. For an in-
patient hospitalization, amputation, or loss of an eye, you must only
report the event to OSHA if it occurs within twenty-four (24) hours of
the work-related incident. However, the fatality, in-patient
hospitalization, amputation, or loss of an eye must be recorded on your
OSHA injury and illness records, if you are required to keep such
records.
    (7) What if I don't learn about a reportable fatality, in-patient
hospitalization, amputation, or loss of an eye right away? If you do
not learn about a reportable fatality, in-patient hospitalization,
amputation, or loss of an eye at the time it takes place, you must make
the report to OSHA within the following time period after the fatality,
in-patient hospitalization, amputation, or loss of an eye is reported
to you or to any of your agent(s): Eight (8) hours for a fatality, and
twenty-four (24) hours for an in-patient hospitalization, an
amputation, or a loss of an eye.
    (8) What if I don't learn right away that the reportable fatality,
in-patient hospitalization, amputation, or loss of an eye was the
result of a work-related incident? If you do not learn right away that
the reportable fatality, in-patient hospitalization, amputation, or
loss of an eye was the result of a work-related incident, you must make
the report to OSHA within the following time period after you or any of
your agent(s) learn that the reportable fatality, in-patient
hospitalization, amputation, or loss of an eye was the result of a
work-related incident: Eight (8) hours for a fatality, and twenty-four
(24) hours for an in-patient hospitalization, an amputation, or a loss
of an eye.
    (9) How does OSHA define ``in-patient hospitalization''? OSHA
defines in-patient hospitalization as a formal admission to the in-
patient service of a hospital or clinic for care or treatment.
    (10) Do I have to report an in-patient hospitalization that
involves only observation or diagnostic testing? No, you do not have to
report an in-patient hospitalization that involves only observation or
diagnostic testing. You must only report to OSHA each in-patient
hospitalization that involves care or treatment.
    (11) How does OSHA define ``amputation''? An amputation is the
traumatic loss of a limb or other external body part. Amputations
include a part, such as a limb or appendage, that has been severed, cut
off, amputated (either completely or partially); fingertip amputations
with or without bone loss; medical amputations resulting from
irreparable damage; amputations of body parts that have since been
reattached. Amputations do not include avulsions, enucleations,
deglovings, scalpings, severed ears, or broken or chipped teeth.

[FR Doc. 2014-21514 Filed 9-17-14; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: December 22, 2009 (Volume 74, Number 244)]
[Notices]
[Page 68088-68089]
[DOCID:fr22de09-75]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0344]

Agency Information Collection Activities; Revision of a
Currently-Approved Information Collection Request: Financial
Responsibility for Motor Carriers of Passengers and Motor Carriers of
Property

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA),
FMCSA announces its plan to submit the Information Collection Request
(ICR) described below to the Office of Management and Budget (OMB) for
its review and approval. The FMCSA requests approval to revise and
extend an information collection request (ICR) entitled, ``Financial
Responsibility for Motor Carriers of Passengers and Motor Carriers of
Property.'' The information collected will be used to help ensure that
motor carriers of passengers and motor carriers of property maintain
appropriate levels of financial responsibility to operate on public
highways. On October 19, 2009, FMCSA published a Federal Register
notice (74 FR 53543) allowing for a 60-day comment period on the
revision of this ICR. No comments were received in response to the
notice.

DATES: Please send your comments by January 21, 2010. OMB must receive
your comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2009-0344. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Office of the
Secretary, and sent via electronic mail to oira_
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.

FOR FURTHER INFORMATION CONTACT: Ms. Dorothea Grymes, Commercial
Enforcement Division, Federal Motor Carrier Safety Administration, West
Building 6th Floor, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Telephone:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Title: Financial Responsibility for Motor
Carriers of Passengers and Motor Carriers of Property.
    OMB Control Number: 2126-0008.
    Type of Request: Revision of a currently-approved information
collection.
    Respondents: Insurance and surety companies of motor carriers of
property (Forms MCS-90 and MCS-82) and motor carriers of passengers
(Forms MCS-90B and MCS-82B).
    Estimated Number of Respondents: 175,338.
    Estimated Time per Response: The FMCSA estimates it takes two
minutes to complete the Endorsement for Motor Carrier Policies of
Insurances for Public Liability or three minutes for the Motor Carrier
Public Liability Surety Bond; and one minute to place either document
on board the vehicle (foreign-domiciled motor carriers only) [49 CFR
387.7(f)]. These endorsements, and any written decision or order
authorizing a motor carrier to self-insure are maintained at the motor
carrier's principal place of business [49 CFR 387.7(d)].
    Expiration Date: March 31, 2010.
    Frequency of Response: Upon creation, change or replacement of an
insurance policy or surety bond.
    Estimated Total Annual Burden: 4, 056 burden hours [182 hours
(5,469 responses x 2 minutes/60 minutes) for Passenger Carriers
insurance endorsements + 3,401 hours (102,027 responses x 2 minutes/60
minutes) for Property Carriers insurance endorsements + 33 hours (652
responses x 3 minutes/60 minutes) for Property Carriers Surety Bonds) +
440 hours (25,896 responses by Canada-domiciled carriers + 494
responses by Mexico- and Non-North America-domiciled carriers x 1
minute/60 minutes) for placing financial responsibility documents in
all vehicles operated within the U.S. by motor carriers domiciled in
Canada, Mexico, and Non-North America (NNA)].
    Background: The Secretary is responsible for implementing
regulations which establish minimal levels of financial responsibility
for: (1) For-hire motor carriers of property to cover public liability,
property damage and environment restoration, and (2) for-hire motor
carriers of passengers to cover public liability and property damage.
The Endorsement for Motor Carrier Policies of Insurance for Public
Liability (Forms MCS-90/90B) and the Motor Carrier Public Liability
Surety Bond (Forms MCS-82/82B) contain the minimum amount of
information necessary to document that a motor carrier of property or
passengers has obtained, and has in effect, the minimum levels of
financial responsibility as set forth in applicable regulations (motor
carriers of property--49 CFR 387.9; and motor carrier of passengers--49
CFR 387.33). FMCSA and the public can verify that a motor carrier of
property or passengers has obtained, and has in effect, the required
minimum levels of financial responsibility, by use of the information
enclosed within these documents.
    Public Comments Invited: You are asked to comment on any aspect of
this

information collection, including: (1) Whether the proposed collection
is necessary for the FMCSA's performance; (2) the accuracy of the
estimated burden; (3) ways for the FMCSA to enhance the quality,
usefulness, and clarity of the collected information; and (4) ways that
the burden could be minimized without reducing the quality of the
collected information.

    Issued on: December 15, 2009.
David Anewalt,
Acting Associate Administrator for Research and Information Technology.
[FR Doc. E9-30341 Filed 12-21-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Pages 3789-3790]
[FR Doc No: 2016-01234]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-513-000]

Texas Gas Transmission, LLC; Revised Notice of Schedule for
Environmental Review of the Northern Supply Access Project

    This notice identifies the Federal Energy Regulatory Commission
(Commission or FERC) staff's revised schedule for the completion of the
environmental assessment (EA) for Texas Gas Transmission, LLC's
Northern Supply Access Project. The previous notice of schedule, issued
on December 23, 2015, identified February 4, 2016 as the issuance date.

Schedule for Environmental Review

Issuance of EA, January 26, 2016
90-day Federal Authorization Decision Deadline, April 25, 2016

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. Go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: January 15, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-01234 Filed 1-21-16; 8:45 am]
BILLING CODE 6717-01-P