[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Proposed Rules]
[Page 77798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31359]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2010-0032]
29 CFR Parts 1910 and 1926
Interpretation of OSHA's Provisions for Feasible Administrative
or Engineering Controls of Occupational Noise
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed Interpretation; extension of written comment period.
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SUMMARY: On October 19, 2010, OSHA published a notice of proposed
interpretation entitled Interpretation of OSHA's Provisions for
Feasible Administrative or Engineering Controls of Occupational Noise,
giving interested parties 60 days to comment. The comment period is
being extended by 90 days to give interested parties additional time to
assess the impact of the proposed interpretation and submit comments.
DATES: Comments must be submitted (postmarked or sent) by March 21,
2011.
ADDRESSES: You may submit comments by any of the following methods:
Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, the Federal Rulemaking
Portal. Follow the instructions online for making electronic
submissions;
Fax: You may fax submissions not longer than 10 pages, including
attachments, to the OSHA Docket Office at 202-693-1648.
Mail, hand delivery, express mail, messenger and courier service:
If you use this option, you must submit three copies of your comments
and attachments to the OSHA Docket Office, Docket No. OSHA-2010-0032,
U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW.,
Washington, DC 20210. Deliveries (hand, express mail, messenger and
courier service) are accepted from 8:15 a.m.-4:45 p.m., e.t.
Instructions: All submissions must include the agency name and the
OSHA docket number for this interpretation (OSHA-2010-0032).
Submissions are placed in the public docket without change and may be
accessed online http://www.regulations.gov. Be careful about submitting
personal information such as social security numbers and birth dates.
Docket: To read or download submissions 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 are listed in the http://www.regulations.gov index; some information (e.g., copyrighted
material), however, cannot be read or downloaded at the Web site. All
submissions, including copyrighted material, can be examined or copied
at the OSHA Docket Office.
FOR FURTHER INFORMATION CONTACT: General information or press
inquiries: MaryAnn Garrahan, Acting Director, Office of Communications,
Room N-3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone 202-693-1999.
For Technical Inquiries: Audrey Profitt, Senior Industrial
Hygienist, Directorate of Enforcement Programs, Room N-3119, OSHA, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone: 202-693-2190, or fax: 202-693-1681.
SUPPLEMENTARY INFORMATION:
Extension of the Comment Period
On October 19, 2010, OSHA published a notice of proposed
interpretation entitled Interpretation of OSHA's Provisions for
Feasible Administrative or Engineering Controls of Occupational Noise.
The notice proposed to clarify that the term feasible administrative or
engineering controls as used in the applicable sections of OSHA's
General Industry and Construction Occupational Noise Exposure standards
has its ordinary meaning of capable of being done. The Agency announced
its intention to revise and clarify its current enforcement policy to
reflect this interpretation, and solicited comments from interested
parties within 60 days, ending on December 20, 2010.
OSHA's current enforcement policy for exposures less than 100 dBA
has not reflected the noise standard's requirement that feasible
engineering and administrative controls be used as the primary means of
reducing noise exposure. Instead, the Agency has allowed many employers
to rely upon a hearing conservation program, including the use of
hearing protectors.
Excessive noise levels continue to be a cause of hearing loss in
the nation's workplaces. Since 2004, the Bureau of Labor Statistics
(BLS) has reported that over 125,000 workers have suffered significant,
permanent hearing loss. In 2008 alone, BLS reported 22,000 hearing loss
cases.
Two commenters, the National Association of Manufacturers and the
Coalition for Workplace Safety (CWS), representing employers who would
be affected by the proposed interpretation, have requested an extension
of 90 days to assess the operating changes that their members would be
required to make to comply with the interpretation. In addition, CWS
cites the proximity of the current deadline to the winter holidays as
an additional reason for the extension.
OSHA believes that these requests are reasonable. OSHA is
interested in hearing from and carefully considering the views of
affected persons before making a final decision on the proposed
interpretation. Accordingly, to facilitate the submission of more
thorough comments and help the agency assess the issues, OSHA is
extending the comment period by 90 days from December 20, 2010 to March
21, 2011.
Authority: 29 U.S.C. 655; 29 CFR 1910.95(b)(1) & 1926.52(b);
Secretary of Labor's Order 4-2010, 75 FR 55355, September 10, 2010.
Signed at Washington, DC, on December 7, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-31359 Filed 12-13-10; 8:45 am]
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