[Federal Register: December 5, 2005 (Volume 70, Number 232)][Notices]               [Page 72468-72469]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Office of the Secretary

Submission for OMB Review: Comment Request

November 29, 2005.
    The Department of Labor (DOL) has submitted the following public 
information collection request (ICR) to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of 
this ICR, with applicable supporting documentation, may be obtained by 
contacting the Department of Labor (DOL). To obtain documentation, 
contact Darrin King on 202-693-4129 (this is not a toll-free number) or 
e-mail: king.darrin@dol.gov.
    Comments should be sent to Office of Information and Regulatory 
Affairs, Attn: OMB Desk Officer for the Occupational Safety and Health 
Administration (OSHA), Office of Management and Budget, Room 10235, 
Washington, DC 20503, 202-395-7316 (this is not a toll-free number), 
within 30 days from the date of this publication in the Federal 
    The OMB is particularly interested in comments which:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
AGENCY: Occupational Safety and Health Administration.
    Type of Review: Extension of currently approved collection.
    Title: Occupational Safety and Health State Plan Information.
    OMB Number: 1218-0247.
    Frequency: On occasion; Quarterly; and Annually.
    Type of Response: Reporting.
    Affected Public: State, Local, or Tribal Government.
    Number of Respondents: 27.
    Number of Annual Responses: 1,240.
    Estimated Time Per Response: Varies from one hour to respond to an 
information survey to 80 hours to document State annual performance 
    Total Burden Hours: 10,522.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $0.
    Description: Section 18 of the Occupational Safety and Health Act 
of 1970 (the Act) encourages the States to assume responsibility for 
the development and enforcement of State occupational safety and health 
standards through the vehicle of an approved State plan. Absent a plan 
approved by the Occupational Safety and Health Administration (OSHA), 
States are preempted from asserting jurisdiction over any occupational 
safety and health issue with respect to which a Federal standard has 
been promulgated. Section 18 establishes the basic criteria for State 
plan approval; provides for the exercise of concurrent Federal 
enforcement jurisdiction after initial plan approval until such time as 
the State has demonstrated that it is meeting the approval criteria in 
actual operation (final State Plan approval), at which point Federal 
enforcement jurisdiction may be relinquished; provides that State 
standards and enforcement must be, and continue to be, ``at least as 
effective'' as the Federal program including any changes thereto; and 
requires OSHA to make a continuing evaluation of the manner in which 
the State is implementing its program and to take action to withdraw 
plan approval should there be a failure to substantially comply with 
any provision of the State plan.
    OSHA promulgated a series of regulations between 1970 and 1977 
implementing the provisions of section 18 of the Act. 29 CFR 1953 was 
revised in 2002.
     29 CFR part 1902, State Plans for the Development and 
Enforcement of State Standards.
     29 CFR part 1952, Approved State Plans for Enforcement of 
State Standards.
     29 CFR part 1953, Changes to State Plans.
     29 CFR part 1954, Procedures for the Evaluation and 
Monitoring of Approved State Plans.
     29 CFR part 1955, Procedures for Withdrawal of Approval of 
State Plans.
     29 CFR part 1956, State Plans for the Development and 
Enforcement of State Standards Applicable to State and Local Government 
Employees in States without Approved Private Employee Plans.
    The requirements for State submissions on the structure and 
performance of their OSHA-approved State Plan, as established by the 
various State Plan regulations, are necessary to provide OSHA with 
sufficient information to assure that the State plan provides a program 
of standards and enforcement and voluntary compliance to employers and 
employees in that State that is ``at least as effective'' as the 
Federal OSHA program and thus warrants continued Federal approval and 

Ira L. Mills,
Departmental Clearance Officer.
 [FR Doc. E5-6824 Filed 12-2-05; 8:45 am]