[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Notices]
[Pages 75587-75588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21017]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0024]


Occupational Safety and Health Act Variance Regulations; 
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 the proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
information collection requirements specified Occupational Safety and 
Health Act Variance Regulations.

DATES: Comments must be submitted (postmarked, sent, or received) by 
November 15, 2024.

ADDRESSES: 
    Electronically: You may submit comments and attachments 
electronically at https://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket are 
listed in the https://www.regulations.gov index, however, some 
information (e.g., copyrighted material) is not publicly available to 
read or download through the websites. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY 
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2009-0024) for the Information Collection Request 
(ICR). OSHA will place all comments, including any personal 
information, in the public docket, which may be made available online. 
Therefore, OSHA cautions interested parties about submitting personal 
information such as social security numbers and birthdates.
    For further information on submitting comments see the ``Public 
Participation'' heading in the section of this notice titled 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman Directorate of 
Standards and Guidance, OSHA, U.S. Department of Labor. Telephone 
(202)-693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of continuing effort to reduce 
paperwork and respondent (i.e., employer) 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) (44 U.S.C. 3506(c)(2)(A)). This program ensures that 
information is in the desired format, reporting burden (time and costs) 
is minimal, the collection instruments are clearly understood, and 
OSHA's estimate of the information collection burden is accurate. The 
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et 
seq.) authorizes information collection by employers as necessary or 
appropriate for enforcement of the OSH Act or for developing 
information regarding the causes and prevention of occupational 
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also 
requires that OSHA obtain such information with minimum burden upon 
employers, especially those operating small businesses, and to reduce 
to the maximum extent feasible unnecessary duplication of efforts in 
obtaining information (29 U.S.C. 657).
    The following sections describe who uses information collected 
under each requirement, as well as how they use it. The purpose of 
these requirements are Sections 6(b)(6)(A), 6(b)(6)(B), 6(b)(6)(C), 
6(d), and 16 of the OSH Act, and 29 CFR 1905.10, 1905.11, and 1905.12, 
specify the procedures that employers must follow to apply for a 
variance from the requirements of an OSHA standard. OSHA uses the 
information collected under these procedures to: (1) evaluate the 
employer's claim that the alternative means of compliance would provide 
affected employees with the requisite level of health and safety 
protection; (2) assess the technical feasibility of the alternative 
means of compliance; (3) determine that the employer properly notified 
affected employees of the variance application and their right to a 
hearing; and (4) verify that the application contains the 
administrative information required by the applicable variance 
regulation.

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 to 
protect workers, 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 employers 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 the approval of the information 
collection requirements contained in Occupational Safety and Health Act 
Variance Regulations Sections 6(b)(6)(A), 6(b)(6)(B), 6(b)(6)(C), 6(d), 
and 16 of the OSH Act, and 29 CFR 1905.10, 1905.11, and 1905.12. These 
statutory and regulatory provisions specify the requirements for 
submitting applications to OSHA for temporary, experimental, permanent, 
and national defense variances.
    There are no adjustments or program changes associated with this 
ICR. The agency is proposing to retain the previous burden estimate of 
366 hours.
    OSHA will summarize the comments submitted in response to this 
notice and will include this summary in the request to OMB to extend 
the approval of the information collection requirements.
    Type of Review: Extension of a currently approved collection.
    Title: Variance Regulations.
    OMB Control Number: 1218-0265.
    Affected Public: Businesses or other for-profits.
    Number of Respondents: 12.
    Number of Responses: 12.
    Frequency of Responses: On occasion.
    Average Time per Response: Various.
    Estimated Total Burden Hours: 366.
    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 https://

[[Page 75588]]

www.regulations.gov, which is the Federal eRulemaking Portal; or (2) by 
facsimile (fax); if your comments, including attachments, are not 
longer than 10 pages you may fax them to the OSHA Docket Office at 
(202) 693-1648. All comments, attachments, and other materials must 
identify the agency name and the OSHA docket number for the ICR (Docket 
No. OSHA-2009-0024). You may supplement electronic submissions by 
uploading document files electronically.
    Comments and submission are posted without change at https://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 https://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download from this 
website. All submissions, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the https://www.regulations.gov website to submit comments and 
access the docket is available at the website's ``User Tips'' link. 
Contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627) 
for information about materials not available from the website, and for 
assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, directed the preparation of this 
notice. The authority for is the Paperwork Reduction Act of 1995 (44 
U.S.C. 3506 et seq.), Secretary of Labor's Order No. 8-2020 (85 FR 
58393).

    Signed at Washington, DC, on September 10, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-21017 Filed 9-13-24; 8:45 am]
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