[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Notices]
[Pages 18583-18585]
[FR Doc No: 2014-07314]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0033]

Standard on the Control of Hazardous Energy (Lockout/Tagout);
Extension of the Office of Management and Budget's (OMB) Approval of
Information Collection (Paperwork) Requirements

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

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to
extend OMB approval of the information collection requirements
specified in the Standard on the Control of Hazardous Energy (Lockout/
Tagout) (29 CFR 1910.147).

DATES: Comments must be submitted (postmarked, sent, or received) by
June 2, 2014.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0033, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and the
OSHA docket number for the Information Collection Request (ICR) (OSHA-
2011-0033). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accord with the Paperwork Reduction Act of
1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information
is in the desired format, reporting burden (time and costs) is minimal,
collection instruments are clearly understood, and OSHA's estimate of
the information collection burden is accurate. The Occupational Safety
and Health Act of

1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information
collection by employers as necessary or appropriate for enforcement of
the Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657). The OSH Act also requires that OSHA obtain such
information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of efforts in obtaining information
(29 U.S.C. 657).
    The Standard specifies several information collection requirements.
The following sections describe who uses the information collected
under each requirement, as well as how they use it. The purpose of
these requirements is to control the release of hazardous energy
sources while workers service, maintain, or repair machines or
equipment when activation, start up, or release of energy from an
energy source is possible; proper control of hazardous energy sources
prevent death or serious injury among these workers.
    Energy Control Procedure (paragraph (c)(4)(i)). With limited
exception, employers must document the procedures used to isolate from
its energy source and render inoperative, any machine or equipment
prior to servicing, maintenance, or repair by workers. These procedures
are necessary when activation, start up, or release of stored energy
from the energy source is possible, and such release could cause injury
to the workers.
    Paragraph (c)(4)(ii) states that the required documentation must
clearly and specifically outline the scope, purpose, authorization,
rules, and techniques workers are to use to control hazardous energy,
and the means to enforce compliance. The document must include at least
the following elements:
    (A) A specific statement regarding the use of the procedure;
    (B) Detailed procedural steps for shutting down, isolating,
blocking, and securing machines or equipment to control hazardous
energy,
    (C) Detailed procedural steps for placing, removing, and
transferring lockout or tagout devices, including the responsibility
for doing so; and,
    (D) Requirements for testing a machine or equipment to determine
and verify the effectiveness of lockout or tagout devices, as well as
other energy control measures.
    Protective Materials and Hardware (paragraphs (c)(5)(ii)(D) and
(c)(5)(iii)). Paragraph (C)(5)(ii)(D) requires that lockout and tagout
devices indicate the identity of the employee applying it. Paragraph
(c)(5)(iii) requires that tags warn against hazardous conditions if the
machine or equipment is energized. In addition, the tag must include a
legend such as one of the following: Do Not Start; Do Not Open; Do Not
Close; Do Not Energize; Do Not Operate.
    Periodic Inspection Certification Records (paragraph (c)(6)(ii)).
Under paragraph (c)(6)(i), employers are to conduct inspections of
energy control procedures at least annually. An authorized worker
(other than an authorized worker using the energy control procedure
that is the subject of the inspection) is to conduct the inspection and
correct any deviations or inadequacies identified. For procedures
involving either lockout or tagout, the inspection must include a
review, between the inspector and each authorized worker, of that
worker's responsibilities under the procedure; for procedures using
tagout systems, the review also involves affected workers, and includes
an assessment of the workers' knowledge of the training elements
required for these systems. Paragraph (c)(6)(ii) requires employers to
certify the inspection by documenting the date of the inspection and
identifying the machine or equipment inspected, the workers included in
the inspection, and the worker who performed the inspection.
    Training Certification Records (paragraph (c)(7)(iv)). Under
paragraph (c)(7)(iv), employers are to certify that workers completed
the required training, and that this training is up-to-date. The
certification is to contain each worker's name and the training date.
Written certification of the training assures the employer that workers
receive the training specified by the Standard.
    Disclosure of Inspection and Training Certification Records
(paragraphs (c)(6)(ii) and (c)(7)(iv)). Under these provisions,
employers subject to an OSHA inspection are required to disclose
inspection and training certification records to the OSHA compliance
officer.
    Notification of Employees (paragraph (c)(9)). This provision
requires the employer or authorized worker to notify affected workers
prior to applying, and after removing, a lockout or tagout device from
a machine or equipment.
    Off-Site Personnel (Contractors, etc.) (paragraph (f)(2)(i)). When
the on-site employer uses an off-site employer (e.g., a contractor) to
perform the activities covered by the scope and application of the
Standard, the two employers must inform each other regarding their
respective lockout or tagout procedures.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Standard on the Control of
Hazardous Energy (Lockout/Tagout) (29 CFR 1910.147). The Agency is
requesting an adjustment decrease in the number of burden hours from
2,989,421 hours to 2,646,702 hours, a total decrease of 342,719 burden
hours. In addition, OSHA is requesting an adjustment decrease of
$216,410 in operation and maintenance costs (from $1,642,831 to
$1,426,421) associated with the purchase of tags and ties by employers.
These decreases are based on updated data showing a decrease in the
number of affected high impact establishments. The Agency will
summarize the comments submitted in response to this notice and will
include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Standard on the Control of Hazardous Energy (Lockout/Tagout)
(29 CFR 1910.147).
    OMB Control Number: 1218-0150.
    Affected Public: Business or other for-profits.
    Number of Respondents: 730,706.
    Frequency of Responses: Initially; Annually; On occasion.
    Total Responses: 72,337,270.
    Average Time per Response: Varies from 15 seconds (.004 hour) for
an employer or authorized worker to notify affected workers prior to
applying, and after removing, a lockout/tagout device from a machine or
equipment to 80 hours for certain employers to develop energy control
procedures.
    Estimated Total Burden Hours: 2,646,702.
    Estimated Cost (Operation and Maintenance): $1,426,422.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2011-0033). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this Web
site. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov Web site to submit comments and
access the docket is available at the Web site's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available from the Web site, and for assistance in using the Internet
to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on March 27, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-07314 Filed 4-1-14; 8:45 am]
BILLING CODE 4510-26-P


United States Prevention, Pesticides September 20, 2004 Environmental Protection and Toxic Substances Agency ( 7508C)

Report of the Food Quality Protection Act ( FQPA) Tolerance Reassessment Progress and Risk Management Decision ( TRED) for Fluridone Page 2 of 6 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES CERTIFIED MAIL Dear Registrant:

This is the Environmental Protection Agency's ( hereafter referred to as EPA or the Agency) " Report of the Food Quality Protection Act ( FQPA) Tolerance Reassessment Progress and Risk Management Decision for Fluridone," which was approved on September 20, 2004. This document is also known as a Tolerance Reassessment Decision, or TRED. A Notice of Availability of this tolerance reassessment decision will be published shortly.

The Federal Food, Drug and Cosmetic Act ( FFDCA), as amended by FQPA, requires EPA to reassess all the tolerances for registered chemicals in effect on or before the enactment of the FQPA on August 3, 1996. In reassessing these tolerances, the Agency must consider, among other things, aggregate risks from non occupational sources of pesticide exposure, whether there is increased susceptibility to infants and children, and the cumulative effects of pesticides with a common mechanism of toxicity. Once a safety finding has been made, the tolerances are considered reassessed. Existing tolerances associated with fluridone must be reassessed in accordance with FFDCA, as amended by FQPA.

The Agency has evaluated all current registered uses of fluridone and has determined that there is a reasonable certainty that no harm to any population subgroup will result from exposure when considering dietary exposure and all other non occupational sources of pesticide exposure for which there is reliable information. The food, drinking water and recreational swimmer risks are not of concern separately or when aggregated. Therefore, no mitigation measures are needed, and the current tolerances established at 40 CFR 180.420 for residues of fluridone in/ on raw agricultural commodities are now considered reassessed as safe under section 408( q) of the FFDCA.

Fluridone is a systemic herbicide that is used to manage aquatic weeds in ponds and lakes. It is particularly useful for the control of hydrilla in the southern states and eurasian milfoil in the northern states. It inhibits carotene synthesis which causes the loss of chlorophyll. It is typically applied to the whole water body because it requires a contact time of 45 days to be effective. The labels permit single treatments of up to 90 ppb for whole lake treatments and 150 ppb for partial lake treatments, with a maximum cumulative application of 150 ppb per growth cycle. There are no direct food uses for fluridone, however, water from areas treated with fluridone can be used for the irrigation of crops and pastures. Page 3 of 6 Fluridone is a Toxicity Category III for acute dermal and eye irritation, and Toxicity Category IV for acute oral, acute inhalation and dermal irritation. It is not a dermal sensitizer. There was no indication of reproductive or neurotoxicant effects from fluridone in the reviewed studies. Fluridone is classified as not likely to be carcinogenic to humans.

Residential Margin of Exposures ( MOEs) greater than 100 are not of concern to the Agency. The MOE of 100 is based on the standard safety factor of 10X for intraspecies variability ( i. e. differences among humans) and 10X for interspecies variability ( differences between humans and animals). Additional factors for database uncertainties were not required because the database was considered complete and there were no datagaps.

The FQPA Safety Factor was reduced to 1X, based on the available hazard and exposure data. It is applicable to all population subgroup and exposure scenarios. There was no evidence of pre or post natal susceptibility from in utero or postnatal exposure to fluridone and there are no residual uncertainties.

N methyl Formamide ( NMF) is the major degradate when fluridone is applied to water bodies. A limited number of studies have been conducted under field conditions and these studies suggest that NMF is undetectable in water bodies treated with fluridone at the maximum application rate. The toxicology database for NMF is limited to one developmental study that was reported in the literature. NMF is not a metabolite in foods.

Fluridone acute and chronic dietary exposure assessments were conducted using the Dietary Exposure Evaluation Model software with the Food Commodity Intake Database ( DEEM FCIDtm, Version 1.30) and the Lifeline Model Version 2.0 which uses food consumption data from USDA's Continuing Surveys of Food Intakes by Individuals ( CSFII) from 1994 1996 and 1998. The acute dietary risk estimates were calculated only for females of child bearing age ( 13 49), as an appropriate endpoint for the general population was not identified. The acute dietary exposure estimates are less than 1% of the aPAD. For the acute dietary exposure assessment a developmental no observed adverse effect level ( NOAEL) of 125 mg/ kg/ day was selected from a developmental toxicity study in rabbits in which increased incidences of abortions was observed at the lowest observed adverse effect level ( LOAEL) of 300 mg/ kg/ day. The chronic dietary risk estimates were calculated for all population subgroups. The chronic dietary exposure estimates ranged from 1% of the cPAD for the general U. S. population to 3.6% of the cPAD for children ages 1 2. For the chronic dietary exposure assessment a NOAEL of 15 mg/ kg/ day was selected from a 2 year carcinogenicity study in mice in which increased alkaline phosphatase activity and hepatocellular hyperplasia was observed at the LOAEL of 50 mg/ kg/ day. All acute and chronic dietary exposure estimates from fluridone are less than 3.6% of the PAD and are below the Agency's level of concern.

The drinking water risk were calculated for both fluridone and its major degradate NMF because fluridone degrades to NMF in water. The drinking water MOEs for fluridone are

7500 and exceed the target MOE of 100. All drinking water exposures are below the Agency's level of concern. Page 4 of 6 There is a possibility that swimmer exposures could occur following fluridone applications to recreational lakes. The recreational swimmer exposure estimates were evaluated using the SWIMODEL and standard assumptions from the residential SOPs. The swimmer MOEs are

4,800 and exceed the target MOE of 100. All swimmer exposure estimates are below the Agency's level of concern.

Aggregate risk has been calculated for fluridone and the degradate NMF by combining the food, drinking water, and residential exposures ( recreation swimmers). The acute aggregate exposures for food, drinking water and recreational swimmers were calculated only for females because the acute dietary endpoint is based on developmental effects and only applies to females. Short and intermediate term aggregate exposures for food, drinking water and recreational swimmers were calculated for adults and children ages 1 to 6. Chronic aggregate exposures were calculated for food and drinking water for all population sub groups because the swimmer exposure does not occur on a long term basis. All of the aggregate risks from dietary, drinking water including metabolites, and recreational exposures to fluridone are below the Agency's level of concern and no risk mitigation is required.

FQPA requires that EPA consider " available information" concerning the cumulative effects of a particular pesticide's residues and " other substances that have a common mechanism of toxicity." The Agency considers other substances because low level exposures to multiple chemical substances that cause a common toxic effect by a common mechanism could lead to the same adverse health effect, as would a higher level of exposure to any of the other substances individually.

Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, EPA has not made a common mechanism of toxicity finding as to fluridone and any other substances and fluridone does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has not assumed that fluridone has a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see the policy statements released by EPA's Office of Pesticide Programs concerning common mechanism determinations and procedures for cumulating effects from substances found to have a common mechanism on EPA's website at: http:// www. epa. gov/ pesticides/ cumulative/.

EPA is required under the FFDCA, as amended by FQPA, to develop a screening program to determine whether certain substances ( including all pesticide active and other ingredients) " may have an effect in humans that is similar to an effect produced by a naturally occurring estrogen, or other such endocrine effects as the Administrator may designate." Following the recommendations of its Endocrine Disruptor Screening and Testing Advisory Committee ( EDSTAC), EPA determined that there was scientific bases for including, as part of the program, the androgen and thyroid hormone systems, in addition to the estrogen hormone system. EPA also adopted EDSTAC's recommendation that the Program include evaluations of potential effects in wildlife. For pesticide chemicals, EPA will use FIFRA and, to the extent that effects in wildlife may help determine whether a substance may have an effect in humans, FFDCA authority to require the wildlife evaluations. As the science develops and Page 5 of 6 resources allow, screening of additional hormone systems may be added to the Endocrine Disruptor Screening Program ( EDSP).

In the available toxicity studies on fluridone, there were no estrogen, androgen and/ or thyroid mediated toxicity. When the appropriate screening and/ or testing protocols being considered under the Agency's EDSP have been developed, fluridone may be subjected to additional screening and/ or testing to better characterize effects related to endocrine disruption.

Tolerance Reassessment All of the existing fluridone tolerances established at 40 CFR 180.420 are adequately supported and are considered reassessed by the Agency. These tolerances are listed in Table 1.

Table 1. Reassessed Tolerances for Fluridone That Were Included in the Dietary Risk Assessments Commodity Tolerance ( ppm) Commodity Tolerance ( ppm)

Avocado 0.1 Hog, Meat by products 0.05 Cattle, Fat 0.05 Hops 0.1 Cattle, Kidney 0.1 Horse, Fat 0.05 Cattle, Liver 0.1 Horse, Kidney 0.1 Cattle, Meat, except Kidney and Liver 0.05 Horse, Liver 0.1 Cattle, Meat by products 0.05 Horse, Meat, except Kidney and Liver 0.05 Citrus 0.1 Horse, Meat by products 0.05 Cotton, Undelinted Seed 0.1 Leafy vegetables 0.1 Crayfish 0.5 Legume, forage 0.15 Cucurbit vegetables group 0.1 Milk 0.05 Egg 0.05 Nut 0.1 Fish 0.5 Poultry, Fat 0.05 Fruit, Pome 0.1 Poultry, Kidney 0.01 Fruit, Stone 0.1 Poultry, Liver 0.01 Goat, Fat 0.05 Poultry, Meat, except Kidney and Liver 0.05 Goat, Kidney 0.1 Poultry, Meat by products 0.05 Goat, Liver 0.1 Root Crop Vegetables 0.1 Goat, Meat, except Kidney and Liver 0.05 Seed and Pod Vegetables 0.1 Goat, Meat by products 0.05 Sheep, Fat 0.05 Grain, crop 0.1 Sheep, Kidney 0.1 Grass, Forage 0.15 Sheep, Liver 0.1 Hog, Fat 0.05 Sheep, Meat, except Kidney and Liver 0.05 Hog, Kidney 0.1 Sheep, Meat by products 0.05 Hog, Liver 0.1 Small Fruit 0.1 Hog, Meat, except Kidney and Liver 0.05 Vegetables, fruiting 0.1 Page 6 of 6 This document summarizes the Agency's decision on the tolerance reassessment for fluridone. Please contact Wilhelmena Livingston of my staff with any questions regarding this decision; she may be reached by phone at ( 703) 308 8025 or by e mail at livingston. wilhelmena@ epa. gov.

Sincerely,

Debbie Edwards, Ph. D. Director Special Review and Reregistration Division Enclosures: Human Health Risk Assessment for Fluridone TRED.

Fluridone and its Major Degradate, N methyl formamide   Drinking Water Assessment for the Health Effects Division ( HED) Reregistration Eligibility Decision Document.

Fluridone: Toxicology Chapter for TRED.

Fluridone Acute and Chronic Dietary Exposure Assessments for the Reregistration Eligibility Decision.