[Federal Register: February 19, 2010 (Volume 75, Number 33)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2009-0042]
Peer Review, Conflict of Interest and Disclosure Form; Request
for 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 comment.
SUMMARY: OSHA solicits comments concerning its proposal to extend the
Office of Management and Budget's (OMB) approval of the Conflict of
Interest (COI) and Disclosure Form which is used to determine whether
or not a conflict of interest exists for a potential peer review panel
DATES: Comments must be submitted (postmarked, sent, or received) by
April 20, 2010.
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
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, Docket No. OSHA-2009-0042,
U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Ave., NW., Washington, DC
20210. Deliveries (hand, express mail, messenger, and courier service)
are accepted during the Department of Labor's and Docket office's
normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and OSHA
docket number (OSHA-2009-0042). 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
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or to the OSHA Docket Office
at the address above. All documents in the docket (including this
Federal Register notice) are listed in the http://www.regulations.gov
index; however, some information (e.g., copyrighted material) is not
publicly available to read or download through the Web site. All
submissions, including copyrighted material, are available for
inspection and copying at the OSHA Docket Office. You may contact Jamaa
Hill at the address below to obtain a copy of the Information
Collection Request (ICR).
FOR FURTHER INFORMATION CONTACT: Jamaa Hill 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)
The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and cost)
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 the 1970 (the 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).
OSHA conducts peer reviews to review a draft product for quality by
specialists in the field who were not involved in producing the draft.
The selection of participants in a peer review is based on expertise,
with due consideration of independence. The Office of Management and
Budget published the Final Information Quality Bulletin for Peer Review
on December 15, 2004. The Bulletin states "* * * the agency must
address reviewers' potential conflicts of interest (including those
stemming from ties to regulated businesses and other stakeholders) and
independence from the agency." The Bulletin requires agencies to adopt
or adapt the committee selection policies employed by the National
Academy of Sciences (NAS) when selecting peer reviewers who are not
Government employees. To fulfill this requirement, OSHA has developed a
Conflict of Interest (COI) and Disclosure Form, based on NAS' Conflict
of Interest Disclosure form. This form will be used to determine
whether or not a conflict exists for a potential peer review panel
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 requirement, including the
validity of the methodology and assumptions used;
The quality, utility, and clarity of the information
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 proposes to extend OMB's approval of the COI form; thus,
retaining OSHA's current burden hour estimate of 27 hours. The Agency
will summarize the comments submitted in response to this notice, and
will include this summary in its request to OMB.
Type of Review: Extension of a currently approved collection.
Title: OSHA's Conflict of Interest (COI) and Disclosure Form.
OMB Number: 1218-0255.
Affected Public: Individuals or households.
Number of Respondents: 36.
Frequency of Responses: On occasion.
Average Time per Response: One half hour (.5 hour) for respondents
to complete Tier 1 for "influential scientific assessments;" and 1
hour for respondents to complete both Tier 1 and Tier 2 for "highly
influential scientific assessments."
Estimated Total Burden Hours: 27.
Estimated Cost (Operation and Maintenance): $0.
IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions
You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2009-0042). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand, express
delivery, messenger, or courier service, please contact the OSHA Docket Office
at (202) 693-2350 (TTY (877) 889-5627). Comments and submissions are posted
without change at http://www.regulations.gov. Therefore, OSHA cautions commenters
about submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://
www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's "User
Tips" link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.
V. Authority and Signature
David Michaels, PhD, 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. 5-2007
(72 FR 31159).
Signed at Washington, DC, this February 4, 2010.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-3253 Filed 2-18-10; 8:45 am]
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