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• Publication Date: 09/30/2005
• Publication Type: Notice
• Fed Register #: 70:57327-57329
• Standard Number: 1902; 1952; 1953; 1954; 1955; 1956
• Title: State Plans for the Development and Enforcement of State Standards; Extension of the Office of Management and Budget's (OMB) Approval of Information-Collection (Paperwork) Requirements

[Federal Register: September 30, 2005 (Volume 70, Number 189)]
[Notices]               
[Page 57327-57329]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se05-146]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR 1218-0247 (2005)]

 
State Plans for the Development and Enforcement of State 
Standards; 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 comment.

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SUMMARY: OSHA solicits public comment concerning its request for an 
extension of the information collection requirements associated with 
its regulations and program regarding State Plans for the development 
and enforcement of state standards (29 CFR 1902, 1952, 1953, 1954, 
1955, 1956).

DATES: Comments must be submitted by the following dates:
    Hard Copy: Your comments must be submitted (postmarked or received) 
by November 29, 2005.
    Facsimile and electronic transmission: Your comments must be 
received by November 29, 2005.

ADDRESSES: You may submit written comments, identified by OSHA Docket 
No. ICR 1218-0247 (2005), by any of the following methods:
    Regular mail, express delivery, hand-delivery, and messenger 
service: Submit your comments and attachments to the OSHA Docket 
Office, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, 
NW., Washington, DC 20210. Telephone: (202) 693-2350. The OSHA Docket 
Office hours of operation are 8:15 a.m. to 4:45 p.m., ET.
    Facsimile: If your comments, including any attachments, are 10 
pages or fewer, you may fax them to the OSHA Docket Office at (202) 
693-1648.
    Electronic: You may submit comments through the Internet at http://dockets.osha.gov/.
 Follow instructions on the OSHA Web page for submitting comments.
    Docket: For access to the docket to read or download comments or 
background materials, such as the complete Information Collection 
Request (ICR), containing the Supporting Statement, OMB 83-I Form and 
attachments, go to OSHA's Web page at http://www.OSHA.gov. Comments, 

submissions and the ICR are available for inspection and copying at the 
OSHA Docket Office at the above address. You may also contact Barbara 
Bryant at the address below to obtain a copy of the ICR. For additional 
information on submitting comments, please see the ``Public 
Participation'' heading in the SUPPLEMENTARY INFORMATION section of 
this document.

FOR FURTHER INFORMATION CONTACT: Barbara Bryant, Directorate of 
Cooperative and State Programs, Office of State Programs, Occupational 
Safety and Health Administration, U.S. Department of Labor, Room N-
3700, 200 Constitution Avenue, NW., Washington, DC 20210; telephone: 
(202) 693-2244; e-mail, bryant.barbara@dol.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Department of Labor, as part of its continuing effort to reduce 
paperwork and respondent burden, conducts a pre-clearance consultation 
program to provide the general public with an opportunity to comment on 
proposed and/or continuing collections of information 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 desired format, has 
practical utility, reporting burden (time and cost) is minimized, 
collection instruments are understandable, and OSHA's estimate of the 
information collection burden is correct. Currently, OSHA is soliciting 
comments concerning the extension of the information collection 
requirements contained in the series of regulations establishing 
requirements for the submission, initial approval, continuing approval, 
final approval, monitoring and evaluation of OSHA-approved State Plans:
     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 for the 
Development and Enforcement of State Standards;
     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; and
     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.
    Section 18 of the Occupational Safety and Health Act offers an 
opportunity to the States to assume responsibility for the development 
and enforcement of State standards through the mechanism of an OSHA-
approved State Plan. Absent an approved plan, States are precluded from 
enforcing occupational safety and health standards in the private 
sector with respect to an issue that is addressed by OSHA. Once 
approved and operational, the State provides most occupational safety 
and health enforcement and compliance assistance in the State in lieu 
of Federal OSHA. States also must extend jurisdiction to State and 
local government employees. In order to obtain and maintain State Plan 
approval, a State must submit various documents to OSHA describing its 
program structure and operation, including any modifications thereto as 
they occur, in accordance with the identified regulations. OSHA funds 
50% of the costs required to be incurred by an approved State Plan with 
the State at least matching and providing additional funding at its 
discretion.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed collection of information is 
necessary for the proper performance of OSHA's functions, including 
whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and 
cost) 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 participating States, for 
example, by using automated or other technological information 
collection and transmission techniques.

III. Proposed Actions

    OSHA is proposing to extend the collection-of-information 
requirements associated with its State Plan regulations. In doing so, 
the Agency is proposing to adjust the total burden hours associated 
with the six regulations affecting the States that currently operate, 
or propose to operate, OSHA-approved State Plans from 8,522 hours to 
10,522 to reflect the on-going development of a possible new State 
Plan. The Agency will summarize the comments submitted in response to 
this notice and will include this summary in its request to OMB to 
extend the approval of the information collection requirements related 
to its six State Plan regulations.
    Agency: U.S. Department of Labor, Occupational Safety and Health 
Administration.
    Title: State Plans for the Development and Enforcement of State 
Standards.
    OMB Number: 1218-0247.
    Affected Public: Designated State government agencies which are 
seeking or have submitted and obtained approval for State Plans for the 
development and enforcement of occupational safety and health 
standards.
    Number of Respondents: 27.
    Frequency of Response: On occasion; quarterly; annually.
    Average Time Per Response: Varies from one hour to respond to an 
information survey to 80 hours to document State annual performance 
goals.
    Estimated Total Burden Hours: 10,522.
    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 and supporting materials in response to 
this document by (1) hard copy, (20 FAX transmission (facsimile) or (3) 
electronically through the OSHA Webpage. Because of security-related 
problems, a significant delay may occur in the receipt of comments by 
regular mail. Please contact the OSHA Docket Office at (202) 693-2350 
(TTY (877) 889-5627) for information about security procedures 
concerning the delivery of materials by express delivery, hand delivery 
and courier service.
    All comments, submissions and background documents are available 
for inspection and copying at the OSHA Docket Office at the above 
address. Comments and submissions are also posted on OSHA's Webpage and 
are available at http://www.OSHA.gov. Contact the OSHA Docket Office 

for information about material not available through the OSHA Webpage, 
and for assistance using the Webpage to locate docket submissions.
    Electronic copies of this Federal Register notice, as well as other 
relevant documents, are available on OSHA's Webpage. All submissions 
become public; therefore, private information, such as a social 
security number, should not be submitted.

V. Authority and Signature

    Jonathan L. Snare, Acting 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. 5-2002 
(67 FR 65008).

    Signed at Washington, DC, on September 27, 2005.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
[FR Doc. 05-19648 Filed 9-29-05; 8:45 am]

BILLING CODE 4610-26-M

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