[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06525]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2009-0024]
Variance Regulations; Extension of the Office of Management and
Budget's (OMB) Approval of Information Collection (Paperwork)
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comments.
SUMMARY: OSHA solicits public comments concerning its proposal to
obtain OMB approval for the information collection requirements
contained in the Standards on Variance and Other Relief Under Sections
6(b)(6)(A) and 6(b)(6)(C); Variances and Other Relief Under Section
6(d); and Limitation, Variations, Tolerances or Exemptions Under
Section 16 of the Occupational Safety and Health Act of 1970 (OSH Act).
These statutory and regulatory provisions specify the requirements for
submitting applications to OSHA for Temporary, Experimental, Permanent,
and National Defense Variances.
DATES: Comments must be submitted (postmarked, sent or received) by May
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
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 a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2009-0024,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Docket Office's normal business hours, 10:00 a.m.
to 3:00 p.m., ET.
Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA-2009-0024) for the Information Collection
Request (ICR). 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 materials in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. 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 publically available to read or download from the
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. You may contact
Theda Kenney at the number below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Charles McCormick or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
telephone (202) 693-2222.
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 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the correct format, reporting burden (time and costs)
is minimal, collection instruments are clearly understandable, and
OSHA's estimate of the information collection burden is correct. 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).
Sections 6(b)6(A), 6(b)6(B), 6(b)6(C), 6(d), and 16 of the OSH Act,
and 29 CFR 1905.10, 1905.11, and 1905.12, specify the procedures that
employers must follow to apply for a variance from the requirements of
an OSHA standard. OSHA uses the information collected under these
procedures to: (1) Evaluate the employer's claim that the alternative
means of compliance would provide affected employees with the requisite
level of health and safety protection; (2) assess the technical
feasibility of the alternative means of compliance; (3) determine that
the employer properly notified affected employees of the variance
application and their right to a hearing; and (4) verify that the
application contains the administrative information required by the
applicable variance regulation.
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 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
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 OMB approval of the information collection
(paperwork) requirements contained in Sections 6(b)6(A), 6(b)6(B),
6(b)6(C), 6(d), and 16 of the Occupational Safety and Health Act of
1970, and 29 CFR 1905.10, 1905.11, and 1905.12. These statutory and
regulatory provisions specify the requirements for submitting
applications to OSHA for temporary, experimental, permanent, and
national defense Variances.
OSHA has previously developed and received OMB approval to use
variance application forms for the four types of variances specified by
the OSH Act and variance regulations. The four types of variances are:
Temporary Variances (Section 6(b)(6)(A) of the Act; 29 U.S.C. 655; 29
CFR 1905.10); Experimental Variances (Section 6(b)(6)(C) of the Act; 29
U.S.C. 655); Permanent Variances (Section 6(d) of the Act; 29 U.S.C.
655; 29 CFR 1905.11); and National Defense Variances (Section 16 of the
Act; 29 U.S.C. 665; 29 CFR 1905.12). The variance regulations specify
the information that employers must provide when requesting one of
these variances. The variance application forms would organize and
clarify the information collection requirements for each type of
variance by specifying the requirements in comprehensible language, and
providing explanatory material. Employers applying for a variance could
download and complete the applicable form from OSHA's website. The
forms would expedite the application process for employers, and ensure
that the information on the application is complete and accurate.
There are no adjustments or program changes associated with this
ICR. The Agency is proposing to retain its previous burden hour
estimate of 366 hours. The Agency will summarize the comments submitted
in response to this notice, and will include this summary in its
request to OMB to approve these information collection requirements and
Variance application forms.
Type of Review: Extension of a currently approved collection.
Title: Variance Regulations (29 CFR 1905.10, 1905.11, and 1905.12).
OMB Control Number: 1218-0265.
Affected Public: Businesses or other for-profits and not-for-profit
Frequency of Responses: On occasion.
Number of Respondents: 12.
Total Responses: 12.
Average Time per Response: Various.
Estimated Total Burden Hours: 366.
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 materials must identify the Agency
name and the OSHA docket number for the ICR (Docket No. OSHA-2009-
0024). 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 publically available to read or download from this
All submissions, including copyrighted material, are available for
inspection and copying at the OSHA Docket Office. Information on using
the http://www.regulations.gov website to submit comments and access
the docket is available at the website's ``User Tips'' link. Contact
the OSHA Docket Office for information about materials not available
from the website, and for assistance in using the internet to locate
V. Authority and Signature
Loren Sweatt, Deputy 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
Signed at Washington, DC, on March 26, 2018.
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-06525 Filed 3-29-18; 8:45 am]
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