• Publication Date:
  • Publication Type:
  • Fed Register #:
  • Standard Number:
  • Title:
    Agency Information Collection Activities; Submission for OMB Review; Comment Request; Occupational Safety and Health Act Variance Regulations
[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Pages 9386-9387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03535]



Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Occupational Safety and Health Act Variance 

ACTION: Notice of availability; request for comments.


SUMMARY: The Department of Labor (DOL) is submitting this Occupational 
Safety and Health Administration (OSHA)-sponsored 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 (PRA). Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that the agency 
receives on or before March 21, 2022.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    Comments are invited on: (1) Whether the collection of information 
is necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; (2) if the information will be processed and used in a timely 
manner; (3) the accuracy of the agency's estimates of the burden and 
cost of the collection of information, including the validity of the 
methodology and assumptions used; (4) ways to enhance the quality, 
utility and clarity of the information collection; and (5) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology.

FOR FURTHER INFORMATION CONTACT: Nora Hernandez by telephone at 202-
693-8633, or by email at DOL_PRA_PUBLIC@dol.gov.

SUPPLEMENTARY INFORMATION: 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. For additional substantive information about this ICR, see 
the related notice published in the Federal Register on November 10, 
2021 (86 FR 62569).
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless the OMB approves it and displays a currently valid 
OMB Control Number. In addition, notwithstanding any other provisions 
of law, no person shall generally be subject to penalty for failing to 
comply with a collection of information that does not display a valid 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review.
    Agency: DOL-OSHA.
    Title of Collection: Occupational Safety and Health Act Variance 
    OMB Control Number: 1218-0265.
    Affected Public: Private Sector--Businesses or other for-profits.
    Total Estimated Number of Respondents: 12.
    Total Estimated Number of Responses: 48.
    Total Estimated Annual Time Burden: 366 hours.
    Total Estimated Annual Other Costs Burden: $0.

(Authority: 44 U.S.C. 3507(a)(1)(D))

Nora Hernandez,
Departmental Clearance Officer.
[FR Doc. 2022-03535 Filed 2-17-22; 8:45 am]