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• Publication Date: 10/03/2008
• Publication Type: Notice
• Fed Register #: 73:57685-57687
• 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: October 3, 2008 (Volume 73, Number 193)]
[Notices]               
[Page 57685-57687]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc08-107]                         

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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.

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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 (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 
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 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 
Request.

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 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 
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 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 
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 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 
Standards.
    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 
standards.
    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 
goals.
    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 
31159).

    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]

BILLING CODE 4510-26-P

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