| Publication Date:
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||Agency Information Collection Activities; Submission for OMB Review; Comment Request; Occupational Safety and Health State Plans
[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8082]
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Occupational Safety and Health State Plans
SUMMARY: The Department of Labor (DOL) is submitting the Occupational
Safety and Health Administration (OSHA) sponsored information
collection request (ICR) titled, "Occupational Safety and Health State
Plans," to the Office of Management and Budget (OMB) for review and
approval for continued use in accordance with the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).
DATES: Submit comments on or before May 4, 2012.
ADDRESSES: A copy of this ICR with applicable supporting documentation;
including a description of the likely respondents, proposed frequency
of response, and estimated total burden may be obtained from the
RegInfo.gov Web site, http://www.reginfo.gov/public/do/PRAMain, on the
day following publication of this notice or by contacting Michel Smyth
by telephone at 202-693-4129 (this is not a toll-free number) or
sending an email to DOL_PRA_PUBLIC@dol.gov.
Submit comments about this request to the Office of Information and
Regulatory Affairs, Attn: OMB Desk Officer for DOL-OSHA, Office of
Management and Budget, Room 10235, Washington, DC 20503, Telephone:
202-395-6929/Fax: 202-395-6881 (these are not toll-free numbers),
FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at
202-693-4129 (this is not a toll-free number) or by email at DOL_PRA_PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: Occupational Safety and Health Act of 1970
(the Act) section 18 encourages States to assume responsibility for the
development and enforcement of State occupational safety and health
standards through the mechanism of an approved State plan. Absent a
plan approved by the OSHA, States are
preempted from asserting enforcement 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 discretionary 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. States
choosing to operate OSHA-approved State plans must provide information
to document their programs are at least as effective as the Federal
OSHA program. 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.
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 it is approved by the OMB under the PRA 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 if the
collection of information does not display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this
information collection under OMB Control Number 1218-0247. The current
OMB approval is scheduled to expire on March 31, 2012; however, it
should be noted that existing information collection requirements
submitted to the OMB receive a month-to-month extension while they
undergo review. For additional information, see the related notice
published in the Federal Register on November 28, 2012 (76 FR 72980).
Interested parties are encouraged to send comments to the OMB,
Office of Information and Regulatory Affairs at the address shown in
the ADDRESSES section within 30 days of publication of this notice in
the Federal Register. In order to help ensure appropriate
consideration, comments should reference OMB Control Number 1218-0247.
The OMB is particularly interested in comments that:
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.
Title of Collection: Occupational Safety and Health State Plans.
OMB Control Number: 1218-0247.
Affected Public: State, Local, and Tribal Governments.
Total Estimated Number of Respondents: 28.
Total Estimated Number of Responses: 1,264.
Total Estimated Annual Burden Hours: 11,196.
Total Estimated Annual Other Costs Burden: $0.
Dated: March 23, 2012.
Departmental Clearance Officer.
[FR Doc. 2012-8082 Filed 4-3-12; 8:45 am]
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