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									38302                       Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Notices

disposed of at the scheduled meeting,                 (FBLBA) (30 U.S.C. 9101 et seq.). These                   Comments submitted in response to
may be carried over to the agenda of the              Acts provide for payment of medical                     this notice will be summarized and/or
following meeting.                                    expenses necessitated by a work-related                 included in the request for Office of
  Issued: June 14, 2000.                              injury or disease to eligible injured                   Management and Budget approval of the
  By order of the Commission:                         workers. The OWCP–1500 is a form                        information collection request; they will
Donna R. Koehnke,
                                                      used by bill payment staff to adjudicate                also become a matter of public record.
                                                      requests for reimbursement of medical                     Dated: June 14, 2000.
Secretary.
                                                      services provided by medical                            Margaret J. Sherrill,
[FR Doc. 00–15696 Filed 6–16–00; 2:59 pm]             professionals other than hospitals,
BILLING CODE 7020–02–P                                                                                        Chief, Branch of Management Review and
                                                      pharmacies, and certain other providers.                Internal Control, Division of Financial
                                                      II. Review Focus                                        Management, Office of Management,
                                                                                                              Administration and Planning, Employment
DEPARTMENT OF LABOR                                     The Department of Labor is                            Standards Administration.
                                                      particularly interested in comments                     [FR Doc. 00–15473 Filed 6–19–00; 8:45 am]
Employment Standards Administration                   which:                                                  BILLING CODE 24510–48–M
                                                        • evaluate whether the proposed
Proposed Collection; Comment
                                                      collection of information is necessary
Request
                                                      for the proper performance of the                       DEPARTMENT OF LABOR
ACTION:   Notice.                                     functions of the agency, including
                                                      whether the information will have                       Occupational Safety and Health
SUMMARY:    The Department of Labor, as               practical utility;                                      Administration
part of its continuing effort to reduce                 • evaluate the accuracy of the
paperwork and respondent burden,                      agency’s estimate of the burden of the                  [Docket No. S–012–B]
conducts a preclearance consultation                  proposed collection of information,
program to provide the general public                 including the validity of the                           The Control of Hazardous Energy
and Federal agencies with an                          methodology and assumptions used;                       (Lockout/Tagout): Notice of the
opportunity to comment on proposed                      • enhance the quality, utility and                    Availability of a Lookback Review
and/or continuing collections of                      clarity of the information to be                        Pursuant to the Regulatory Flexibility
information in accordance with the                    collected; and                                          Act and Executive Order 12866
Paperwork Reduction Act of 1995                         • minimize the burden of the                          AGENCY: Occupational Safety and Health
(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This               collection of information on those who                  Administration (OSHA), Labor.
program helps to ensure that requested                are to respond, including through the
data can be provided in the desired                                                                           ACTION: Notice.
                                                      use of appropriate automated,
format, reporting burden (time and                    electronic, mechanical, or other                        SUMMARY: The Occupational Safety and
financial resources) is minimized,                    technological collection techniques or                  Health Administration has completed a
collection instruments are clearly                    other forms of information technology,                  lookback review of its Lockout/Tagout
understood, and the impact of collection              e.g., permitting electronic submissions                 Standard, 29 CFR 1910.147, pursuant to
requirements on respondents can be                    of responses.                                           Sec. 610 of the Regulatory Flexibility
properly assessed. Currently, the                                                                             Act and Sec. 5 of Executive Order
Employment Standards Administration                   III. Current Actions
                                                                                                              12866. That review indicates that the
is soliciting comments concerning the                   The Department of Labor seeks the                     standard protects 3.3 million workers at
proposed extension collection of the                  extension of approval to collect this                   1 million facilities; that it has reduced
following information collection: Health              information in order to carry out its                   fatalities from unexpected activation of
Insurance Claim Form (OWCP–1500).                     responsibility to provide payment for                   machinery at facilities in the automobile
Copies of the proposed information                    certain covered medical services to                     and steel making industries by 20% to
collection requests can be obtained by                injured employees who are covered                       55% in the years since promulgation;
contacting the office listed below in the             under the FECA and the FBLBA.                           that there is still a substantial amount of
addressee section of this Notice.                       Type of Review: Extension.                            noncompliance; that the standard does
DATES: Written comments must be                         Agency: Employment Standards
                                                                                                              not impose a significant impact on small
submitted to the office listed in the                 Administration.
                                                                                                              business; and that public commenters
ADDRESSES section below on or before                    Title: Health Insurance Claim Form.
                                                                                                              agree that the standard should remain in
August 21, 2000.                                        OMB Number: 1215–0055.
                                                        Agency Number: OWCP–1500.                             effect. Based on this review, OSHA
ADDRESSES: Ms. Patricia A. Forkel, U.S.                                                                       concludes that the Lockout/Tagout
Department of Labor, 200 Constitution                   Affected Public: Individuals or
                                                      households, Businesses or other for-                    Standard should be continued without
Ave., NW., Room S–3201, Washington,                                                                           change and that OSHA should continue
DC 20210, telephone (202) 693–0339                    profit; Not-for-profit institutions;
                                                      Federal Government, State, Local or                     to improve its compliance assistance in
(this is not a toll-free number), fax (202)                                                                   this area.
693–1451.                                             Tribal Government.
                                                        Total Respondents: 1,267,049.                         FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:                                                                                    Joseph Pipkin, Director, Electrical and
                                                        Frequency: On occasion.
Health Insurance Claim Form (OWCP–                      Total Responses: 1,902,146.                           Mechanical Engineering Standards,
1500)                                                   Average Time per Response: 7                          Rm.N–3609, OSHA, U.S. Department of
                                                      minutes.                                                Labor, 200 Constitution Avenue, N.W.,
I. Background                                           Estimated Total Burden Hours:                         Washington, D.C. 20210, telephone
   The Office of Workers’ Compensation                188,994.                                                (202) 693–2042, Fax (202) 693–1663.
Programs (OWCP) administers the                         Total Burden Cost (capital/startup):                  Direct technical inquiries about the
Federal Employees’ Compensation Act                   $0.                                                     Lockout/Tagout Standard to: Walter
(FECA) (5 U.S.C. 8101, et seq.) and the                 Total Burden Cost (operating/                         Siegfried, General Industry Compliance
Federal Black Lung Benefits Act                       maintenance): $47,242.                                  Assistance, Rm. N–3107, telephone


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                           Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Notices                                                     38303

(202) 693–1866, or visit the OSHA                    should be continued without change or                   not duplicative or in conflict with other
Homepage at www.osha.gov.                            should be amended or rescinded,                         Federal, State, or local government
ADDRESSES: Copies of the entire report               consistent with the objectives of the                   rules, is not inappropriately
may be obtained from the OSHA                        Occupational Safety and Health Act                      burdensome, and is consistent with the
Publication Office, Rm. N2101, 200                   (OSH Act), to minimize any significant                  President’s priorities and the principles
Constitution Ave., NW. Washington, DC                impact of the rule on a substantial                     of EO 12866. In addition, although the
20210, telephone (202) 693–1888, Fax                 number of small entities. Section 5 of                  standard is technically complex,
(202) 693–2498. The full report,                     EO 12866 requires agencies to                           compliance assistance materials will
comments, and referenced documents                   determine whether, to reduce the                        assist employers in interpreting the
are available for review at the OSHA                 regulatory burden on the American                       standard. Further, no changes have
Docket Office, Docket No. S–012–B, Rm.               people, their families, communities,                    occurred in technological, economic, or
N–2625, 200 Constitution Ave., NW.                   State, local, and tribal governments, and               other factors that would warrant
Washington, DC 20210, telephone (202)                industries, the standard should be                      revision of the standard at this time.
693–2119.                                            modified or eliminated to make it more
                                                                                                             Impact of the Standard
SUPPLEMENTARY INFORMATION: The
                                                     effective in achieving its regulatory
                                                     objectives, or less burdensome, or to                      The Lockout/Tagout standard protects
Occupational Safety and Health                                                                               approximately 3.3 million employees
                                                     bring it into better alignment with the
Administration (OSHA) issued its final                                                                       working at 1 million firms. There is
                                                     President’s priorities and the principles
standard on the ‘‘The Control of                                                                             some evidence that the level of
                                                     set forth in the Executive Order.
Hazardous Energy (Lockout/Tagout)’’ on                  To facilitate the review, OSHA on                    compliance could be improved; the
September 1, 1989 at 54 FR 36644–                    May 29, 1997, requested public                          standard is generally one of the five
36695. That standard, more commonly                  comments on the Lockout/Tagout                          standards most frequently cited by
known as the ‘‘Lockout/Tagout                        Standard at 62 FR 29089. OSHA also                      OSHA Compliance Officers for
Standard,’’ is codified at 29 CFR                    held a public meeting on June 30, 1997,                 violations.
1910.147.                                            on the review. Comments and other                          The most typical situation covered by
   OSHA has completed a ‘‘Lookback’’                 materials received in the course of the                 the standard is to protect employees
review of the Lockout/Tagout standard.               review were placed in public Docket S–                  from death or injury when a machine is
Lookback reviews evaluate the                        012–B.                                                  unexpectedly turned on by an operator
effectiveness of a standard in achieving                OSHA specifically asked for                          while another employee is servicing or
the statutory goals of the Act under                 comments on eight aspects of the rule,                  repairing the machine. For example,
which it was promulgated and                         including the benefits and utility of the               accidents often occur when one
determines whether action is needed to               rule in its current form or in an                       employee is inside the equipment or has
revise or rescind the standard. Lookback             amended form; potential feasible                        his or her hands inside a press to repair
reviews also evaluate whether changes                alternatives to the rule; the continued                 or adjust it, and another person
need to be made to the standard to                   need for the rule; the complexity of the                inadvertently turns the machine on,
mitigate any impacts on a substantial                rule; evidence of overlap, duplication,                 crushing or amputating the repair
number of small entities. This Federal               or conflict between the rule and other                  worker’s limb.
Register notice announces the                        federal, state, and local rules;                           The standard provides, in general
availability of that review and briefly              information on economic, technological,                 terms, that the repair person must lock
summarizes it. The standard establishes              and other material changes since the                    out the switch and keep the key while
requirements employers must follow to                promulgation of the rule; alternatives to               repairing the machine so that the
disable machinery and equipment and                  the rule or portions of the rule that                   machine cannot be activated while the
to prevent the release of potentially                could minimize significant impacts on                   repairs are taking place. The standard
hazardous energy during the servicing                small businesses; and the effectiveness                 also has other provisions on training,
and maintenance of that machinery and                of the rule as implemented by small                     setting up programs to implement the
equipment. The Lockout/Tagout                        entities. Comments were received from                   standard, and exceptions.
standard requires employers to develop               employers, unions, trade associations,                     Three sources of data were submitted
and implement lockout/tagout programs                safety organizations, the Small Business                to the docket that demonstrate the rule’s
and to train their workers to follow                 Administration and others.                              effectiveness: Data from the United
required procedures during servicing                                                                         Automobile, Aerospace, and
and maintenance work. ‘‘Lockout’’                    Conclusions                                             Agricultural Implement Workers of
refers to the practice of installing a lock            Based on the comments and                             America (UAW) fatality database; data
on an energy-isolating device, such as a             testimony of participants in this                       from a similar database maintained by
circuit breaker or shut-off valve, so that           lookback review process and other                       the United Steelworkers of America
the equipment will not be energized by               evidence submitted to the public                        (USWA); and data from a study of
mistake. The term ‘‘tagout’’ refers to the           docket, OSHA concludes that the                         sawmill injuries in Maine. The UAW
practice of attaching a warning tag to an            Agency’s Control of Hazardous Energy                    database shows a significant decline in
energy-isolating device to warn                      (Lockout/Tagout) standard should be                     lockout-related fatalities. In the years
employees not to energize the                        continued without change. The                           between 1989 (when the final rule was
equipment until the warning tag has                  evidence also demonstrates that the                     published) and 1997, lockout-related
been removed.                                        standard does not need to be rescinded                  fatalities declined by 20 percent per
   In 1997, the Agency initiated a                   or amended to minimize significant                      year; when the concomitant increase in
regulatory review of the standard, as                impacts on a substantial number of                      the proportion of auto workers exposed
required by Section 610 of the                       small entities.                                         to lockout hazards is taken into account,
Regulatory Flexibility Act (RFA), 5                    OSHA also finds that the Lockout/                     the UAW believes that a 30 percent
U.S.C. 601, 610, and Section 5 of                    Tagout standard is necessary to protect                 annual decline in the rate of these
Executive Order (EO) 12866. Section                  employee safety and health, is                          fatalities has occurred.
610 of the RFA requires agencies to                  compatible with other OSHA standards                       The USWA database tells a similar
determine whether their standards                    containing lockout/tagout provisions, is                story: over a seven year period (1990–


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38304                       Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Notices

1997), a 55 percent reduction in                      industries engaged in vehicle maintenance          2. Review of the Legal Services
lockout/tagout-related fatalities                     and repair.                                     Corporation’s Consolidated Operating
occurred at the 10 basic steel-producing                 OSHA has already completed several           Budget, Expenses, and Other Funds
companies represented in the data base.               documents related to the Lockout/               available through April 30, 2000.
The third study involved an                           Tagout standard in response to                     3. Review the projected operating
epidemiological analysis of wood                      comments made during this lookback              expenses for fiscal year 2000 based on
product industry workers in Maine and                 review. These include:                          operating experience through March 31,
included 157 cases involving injured                                                                  2000 and the required internal
                                                         •–The Lockout/Tagout Interactive Training
workers (‘‘cases’’) and 251 cases                                                                     budgetary adjustments due to shifting
                                                      Program, which consists of three major
involving uninjured workers                           components: a Tutorial, a group of abstracts    priorities.
(‘‘controls’’). This study showed that                called ‘‘Hot Topics,’’ and a group of              4. Consider and act on the President’s
injured workers were three times less                 Interactive Case Studies. The Tutorial          recommendations for consolidated
likely than uninjured workers to work                 explains the standard in a question/answer      operating budget reallocations.
in an establishment having a lockout/                 format. The ‘‘Hot Topics’’ consist of five         5. Report on internal budgetary
tagout program. Although the data from                abstracts containing a detailed discussion of   adjustments by the President and
this epidemiological study do not                     major issues in which relevant highlighted      Inspector General.
establish a direct link between injuries              sections of the all-inclusive documents are        6. Report on budgetary needs for
                                                      linked together. In the Interactive Case        Fiscal Year 2002.
and the absence of lockout/tagout                     Studies, seven simulated Lockout/Tagout
programs, they do suggest an association                                                                 7. Consider and act on other business.
                                                      inspections are presented.                         8. Public comment.
between these factors.                                   •–The Integrated Preamble, which
                                                      combines the final rule preamble published      CONTACT PERSON FOR INFORMATION:
   In addition to these analyses,
                                                      in the September 1, 1989 Federal Register       Victor M. Fortuno, Vice President for
commenters (including companies like
                                                      and the final rule corrections and technical    Legal Affairs, General Counsel, and
Bell Atlantic and Kodak), unions (such
                                                      amendments document published in the            Corporate Secretary, at (202) 336–8800.
as the UAW, USWA, and the
                                                      September 20, 1990 Federal Register.            SPECIAL NEEDS: Upon request, meeting
International Brotherhood of Electrical                  •–The Lockout/Tagout Plus Advisor, which notices will be made available in
Workers), employer groups (such as the                is interactive, expert, diagnostic software. It
Organization Resources Counselors),                                                                   alternate formats to accommodate visual
                                                      allows users to be interviewed about their
and professional societies, such as the               activities to determine whether workers         and hearing impairments. Individuals
American Society of Safety Engineers,                 might be exposed to hazards from moving         who have a disability and need an
stated that the standard had been                     machinery or electricity or other sources of    accommodation to attend the meeting
effective in saving lives and preventing              energy. It asks questions to determine          may notify Shannon Nicko Adaway, at
injuries. Overall, most comments                      whether the work is covered by the Lockout/     (202) 336–8800.
                                                      Tagout Standard or other standards
supported continuation of the standard                                                                          Dated: June 15, 2000.
                                                      concerned with hazardous energy. The
because it had been effective in                      software responds to the users’ facts to                Victor M. Fortuno,
achieving its worker protection goal.                 provide expert guidance, explanations, and              Vice President for Legal Affairs, General
Some participants suggested that OSHA                 assistance.                                             Counsel, and Corporate Secretary.
revise certain provisions of the rule they                                                                    [FR Doc. 00–15708 Filed 6–16–00; 3:30 pm]
felt were complex. However, most                        These materials may be obtained from                  BILLING CODE 7050–01–P
commenters urged OSHA to address                      the OSHA Publications Office, Room N–
these issues by providing compliance                  2101, 200 Constitution Ave., N.W.,
assistance materials rather than by                   Washington, D.C. 20210, or the OSHA                     LEGAL SERVICES CORPORATION
reopening the rulemaking.                             web page at www.osha.gov.
   Those commenters to the docket who                   Signed at Washington, D.C. this 2nd day of            Sunshine Act Meeting of the Board of
represented small businesses, such as                 June, 2000.                                             Directors
the National Association of                           Charles N. Jeffress,                                    TIME AND DATE: The Board of Directors
Manufacturers, the Society of the                     Assistant Secretary of Labor.                           of the Legal Services Corporation will
Plastics Industry, and the Synthetic                  [FR Doc. 00–15490 Filed 6–19–00; 8:45 am]               meet on June 26, 2000. The meeting will
Organic Chemical Manufacturers                        BILLING CODE 4510–26–P                                  begin at 9:15 a.m. and continue until
Association, also generally agreed. They                                                                      conclusion of the Board’s agenda.
stated that additional compliance
                                                                                                              LOCATION: Radisson Plaza Hotel
assistance, rather than a reopening of
                                                      LEGAL SERVICES CORPORATION                              Minneapolis, 35 South 7th Street,
the rulemaking, was an appropriate way
for OSHA to address these commenters’                                                                         Minneapolis, MN 55402.
                                                      Sunshine Act Meeting of the Board of                    STATUS OF MEETING: Open, except that a
concerns.                                             Directors Finance Committee                             portion of the meeting may be closed
   In response to these suggestions,
                                                      TIME AND DATE: The Finance Committee
                                                                                                              pursuant to a vote of the Board of
OSHA has decided to provide
                                                      of the Legal Services Corporation Board                 Directors to hold an executive session.
additional compliance assistance
                                                      of Directors will meet on June 25, 2000.                At the closed session, the Corporation’s
materials. Specifically, OSHA intends
                                                      The meeting will begin at 1:00 p.m. and                 General Counsel will report to the Board
to:
                                                      continue until the Committee concludes                  on litigation to which the Corporation is
  • Review and update the Lockout/Tagout                                                                      or may become a party, and the Board
compliance directive, STD 1–7.3;                      its agenda.
                                                                                                              may act on the matters reported. The
  • Review existing interpretations relating          LOCATION: Radisson Plaza Hotel
                                                                                                              closing is authorized by the relevant
to the standard and develop interpretations           Minneapolis, 35 South 7th Street,
to address questions raised by review
                                                                                                              provisions of the Government in the
                                                      Minneapolis, MN 55402.                                  Sunshine Act [5 U.S.C. 552b(c) (10)] and
participants; and
                                                      STATUS OF MEETING: Open.                                the corresponding provisions of the
  • Develop, in conjunction with the
National Automobile Dealers Association,              MATTERS TO BE CONSIDERED:                               Legal Services Corporation’s
compliance assistance materials for                      1. Approval of agenda.                               implementing regulation [45 CFR


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