[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Notices]
[Pages 72980-72982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30478]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0197]


Occupational Safety and Health State Plans; 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 comments.

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SUMMARY: OSHA solicits public comments concerning its request for an 
extension of the Office of Management and Budget's (OMB) approval of 
the information collection requirements associated with its regulations 
and program regarding State Plans for the development and enforcement 
of state occupational safety and health standards (29 CFR Parts 1902, 
1952, 1953, 1954, 1955, 1956).

DATES: Comments must be submitted (postmarked, sent, or received) by 
January 27, 2012.

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 a copy of your comments and 
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0197, 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 Information Collection Request (ICR) (OSHA-2011-
0197). 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 from the Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Laura Seeman at 
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Laura Seeman, 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; email, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Department of Labor, as part of its continuing effort to reduce 
paperwork and respondent (i.e., the 27 States with OSHA-approved State 
Plans) burden, conducts a preclearance consultation program to provide 
the public with an opportunity to comment on proposed and continuing 
information collection requirements 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

[[Page 72981]]

the desired format, reporting burden (time and cost) is minimized, 
collection instruments are understandable, and OSHA's estimate of the 
information collection burden is accurate. 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 (29 U.S.C. 
667) 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 any issue for which 
Federal OSHA has promulgated a standard. Once approved and operational, 
the state adopts standards and provides most occupational safety and 
health enforcement and compliance assistance in the state, under the 
authority of its plan, instead of Federal OSHA. States also must extend 
their jurisdiction to cover state and local government employees and 
may obtain approval of State Plans limited in scope to these workers. 
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 percent 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 who 
must comply; for example, by using automated or other technological 
information collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the collection 
of information requirements associated with its State Plan regulations. 
In doing so, the Agency is proposing to increase the burden hours from 
10,652 to 11,196 hours. The increase is a result of the approval of the 
Illinois Public Employee Only State Plan, increasing the number of 
approved State Plan respondents from 26 to 27, and an increase in the 
projected number of required State Plan responses and modifications as 
a result of changes in federal procedures. The total number of 
respondents increased to 28, including the 27 approved State Plans and 
one state developing a plan to seek State Plan approval. The Agency 
will summarize the comments submitted in response to this notice and 
will include this summary in its request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Occupational Safety and Health State Plans.
    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: 28.
    Frequency: On occasion; quarterly; annually.
    Total Responses: 1,264.
    Average Time per Response: Varies from 30 minutes (.5 hour) to 
respond to an information inquiry to 80 hours to document state annual 
performance goals.
    Estimated Total Burden Hours: 11,196.
    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-2011-0197). 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 OSHA 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 
dates 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 
Web site. 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 Web site's ``User 
Tips'' link. Contact the OSHA Docket Office for information about 
materials not available through the Web site and for assistance in 
using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, 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

[[Page 72982]]

Labor's Order No. 5-2010 (75 FR 55355).

    Signed at Washington, DC, on November 22, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-30478 Filed 11-25-11; 8:45 am]
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