[Federal Register: December 5, 2005 (Volume 70, Number 232)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
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
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
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
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
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]
BILLING CODE 4510-26-P