[Federal Register: October 3, 2008 (Volume 73, Number 193)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2008-0037]
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.
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,
DATES: Comments must be submitted (postmarked, sent, or received) by
December 2, 2008.
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 three copies of your comments
and attachments to the OSHA Docket Office, Docket No. OSHA-2008-0037,
U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and OSHA
docket number for the ICR (OSHA-2008-0037). 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 material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. 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 publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Barbara Bryant
at the address below to obtain a copy of the Information Collection
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, email@example.com.
The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent burden, conducts a preclearance 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
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 this jurisdiction to cover
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 information collection requirements
are necessary for the 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 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 increase the burden hours from 10,522 to
10,652 hours. The increase is a result of increasing the frequency and
time for State Plans to respond to requests for summary information.
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.
Type of Review: Extension of a currently approved collection.
Title: State Plans for the Development and Enforcement of State
OMB Number: 1218-0247.
Affected Public: Designated State government agencies that are
seeking or have submitted and obtained approval for State Plans for the
development and enforcement of occupational safety and health
Number of Respondents: 27.
Frequency of Response: On occasion; quarterly; annually.
Average Time Per Response: Varies from .5 hour to respond to an
information survey to 80 hours to document State annual performance
Estimated Total Burden Hours: 10,652.
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 material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2008-0025). 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 publicly available to read or download through 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 Web site 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 through the website, and for assistance in using the Internet
to locate docket submissions.
V. Authority and Signature
Edwin G. Foulke, Jr., 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. 5-2007 (72 FR
Signed at Washington, DC, this 29th day of September, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-23329 Filed 10-2-08; 8:45 am]
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