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  • Publication Date:
  • Publication Type:
    Notice
  • Fed Register #:
    83:13790-13792
  • Standard Number:
  • Title:
    Variance Regulations; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
  [Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
  [Notices]
  [Pages 13790-13792]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2018-06525]
  
  
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  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) 
  Requirements
  
  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 
  29, 2018.
  
  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 
  comments.
      Facsimile: If your comments, including attachments, are not longer 
  than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
  1648.
      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.
  
  SUPPLEMENTARY INFORMATION:
  
  I. Background
  
      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 
  collected; and
       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 
  institutions.
      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 
  website.

  
      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 
  docket submissions.
  
  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 
  3912).
  
      Signed at Washington, DC, on March 26, 2018.
  Loren Sweatt,
  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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