83 FR 13790 - Variance Regulations; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
DEPARTMENT OF LABOR
Occupational Safety and Health Administration Federal Register Volume 83, Issue 62 (March 30, 2018)
Occupational Safety and Health Administration
Federal Register Volume 83, Issue 62 (March 30, 2018)
| Page Range | 13790-13792 | |
| FR Document | 2018-06525 |
[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)] [Notices] [Pages 13790-13792] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06525] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2009-0024] 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. ----------------------------------------------------------------------- SUMMARY: OSHA solicits public comments concerning its proposal to obtain OMB approval for the information collection requirements contained in the Standards on Variance and Other Relief Under Sections 6(b)(6)(A) and 6(b)(6)(C); Variances and Other Relief Under Section 6(d); and Limitation, Variations, Tolerances or Exemptions Under Section 16 of the Occupational Safety and Health Act of 1970 (OSH Act). These statutory and regulatory provisions specify the requirements for submitting applications to OSHA for Temporary, Experimental, Permanent, and National Defense Variances. DATES: Comments must be submitted (postmarked, sent or received) by May 29, 2018. 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-2009-0024, Occupational Safety and Health Administration, U.S. Department of Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Docket Office's normal business hours, 10:00 a.m. to 3:00 p.m., ET. Instructions: All submissions must include the Agency name and the OSHA docket number (OSHA-2009-0024) for the Information Collection Request (ICR). 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 materials in the docket, go to http://www.regulations.gov or the OSHA Docket Office at the above address. 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 [[Page 13791]] material) is not publically available to read or download from the website. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may contact Theda Kenney at the number below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Charles McCormick or Theda Kenney, 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 its 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-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the correct format, reporting burden (time and costs) is minimal, collection instruments are clearly understandable, and OSHA's estimate of the information collection burden is correct. The OSH Act (29 U.S.C. 651 et seq.) authorizes information collection by employers as necessary or appropriate for enforcement of the 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). 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 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 employers who must comply. For example, by using automated or other technological information collection and transmission techniques. III. Proposed Actions OSHA is requesting OMB approval of the information collection (paperwork) requirements contained in Sections 6(b)6(A), 6(b)6(B), 6(b)6(C), 6(d), and 16 of the Occupational Safety and Health Act of 1970, 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. OSHA has previously developed and received OMB approval to use variance application forms for the four types of variances specified by the OSH Act and variance regulations. The four types of variances are: Temporary Variances (Section 6(b)(6)(A) of the Act; 29 U.S.C. 655; 29 CFR 1905.10); Experimental Variances (Section 6(b)(6)(C) of the Act; 29 U.S.C. 655); Permanent Variances (Section 6(d) of the Act; 29 U.S.C. 655; 29 CFR 1905.11); and National Defense Variances (Section 16 of the Act; 29 U.S.C. 665; 29 CFR 1905.12). The variance regulations specify the information that employers must provide when requesting one of these variances. The variance application forms would organize and clarify the information collection requirements for each type of variance by specifying the requirements in comprehensible language, and providing explanatory material. Employers applying for a variance could download and complete the applicable form from OSHA's website. The forms would expedite the application process for employers, and ensure that the information on the application is complete and accurate. There are no adjustments or program changes associated with this ICR. The Agency is proposing to retain its previous burden hour estimate of 366 hours. The Agency will summarize the comments submitted in response to this notice, and will include this summary in its request to OMB to approve these information collection requirements and Variance application forms. Type of Review: Extension of a currently approved collection. Title: Variance Regulations (29 CFR 1905.10, 1905.11, and 1905.12). OMB Control Number: 1218-0265. Affected Public: Businesses or other for-profits and not-for-profit institutions. Frequency of Responses: On occasion. Number of Respondents: 12. Total Responses: 12. 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 http://www.regulations.gov, which is the Federal eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. 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. 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 publically available to read or download from this website. [[Page 13792]] All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the http://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 for information about materials not available from the website, and for assistance in using the internet to locate docket submissions. V. Authority and Signature Loren Sweatt, Deputy 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. 1-2012 (77 FR 3912). Signed at Washington, DC, on March 26, 2018. Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2018-06525 Filed 3-29-18; 8:45 am] BILLING CODE 4510-26-P
![13790 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices
Regulatory Affairs, Attn: OMB Desk the address shown in the ADDRESSES SUMMARY: OSHA solicits public
Officer for DOL–DM, Office of section within thirty (30) days of comments concerning its proposal to
Management and Budget, Room 10235, publication of this notice in the Federal obtain OMB approval for the
725 17th Street NW, Washington, DC Register. In order to help ensure information collection requirements
20503; by Fax: 202–395–5806 (this is appropriate consideration, comments contained in the Standards on Variance
not a toll-free number); or by email: should mention OMB Control Number and Other Relief Under Sections
OIRA_submission@omb.eop.gov. 1225–0013. The OMB is particularly 6(b)(6)(A) and 6(b)(6)(C); Variances and
Commenters are encouraged, but not interested in comments that: Other Relief Under Section 6(d); and
required, to send a courtesy copy of any • Evaluate whether the proposed Limitation, Variations, Tolerances or
comments by mail or courier to the U.S. collection of information is necessary Exemptions Under Section 16 of the
Department of Labor–OASAM, Office of for the proper performance of the Occupational Safety and Health Act of
the Chief Information Officer, Attn: functions of the agency, including 1970 (OSH Act). These statutory and
Departmental Information Compliance whether the information will have regulatory provisions specify the
Management Program, Room N1301, practical utility; requirements for submitting
200 Constitution Avenue NW, • Evaluate the accuracy of the applications to OSHA for Temporary,
Washington, DC 20210; or by email: agency’s estimate of the burden of the Experimental, Permanent, and National
DOL_PRA_PUBLIC@dol.gov. proposed collection of information, Defense Variances.
FOR FURTHER INFORMATION CONTACT: including the validity of the DATES: Comments must be submitted
Michel Smyth by telephone at 202–693– methodology and assumptions used; (postmarked, sent or received) by May
4129, TTY 202–693–8064, (these are not • Enhance the quality, utility, and 29, 2018.
toll-free numbers) or by email at DOL_ clarity of the information to be ADDRESSES: Electronically: You may
PRA_PUBLIC@dol.gov. collected; and submit comments and attachments
SUPPLEMENTARY INFORMATION: This ICR • Minimize the burden of the electronically at http://
seeks to extend PRA authority for the collection of information on those who www.regulations.gov, which is the
Equal Access to Justice Act (EAJA) are to respond, including through the Federal eRulemaking Portal. Follow the
information collection requirements for use of appropriate automated, instructions online for submitting
the DOL codified in regulations 29 CFR electronic, mechanical, or other comments.
part 16, subpart B. The EAJA provides technological collection techniques or Facsimile: If your comments,
for payment of fees and expenses to other forms of information technology, including attachments, are not longer
eligible parties who have prevailed e.g., permitting electronic submission of than 10 pages you may fax them to the
against a Federal agency in certain responses. OSHA Docket Office at (202) 693–1648.
administrative proceedings. In order to Agency: DOL–DM. Mail, hand delivery, express mail,
obtain an award, the statute and Title of Collection: Equal Access to messenger, or courier service: When
associated DOL regulations require the Justice Act. using this method, you must submit a
filing of an application. Other agencies OMB Control Number: 1225–0013. copy of your comments and attachments
may have their own EAJA regulations. Affected Public: Private Sector— to the OSHA Docket Office, Docket No.
EAJA section 203 authorizes this businesses or other for-profits or not-for- OSHA–2009–0024, Occupational Safety
information collection. See 5 U.S.C. profit institutions. and Health Administration, U.S.
504(a)(2). Total Estimated Number of Department of Labor, Room N–3653,
This information collection is subject Respondents: 10. 200 Constitution Avenue NW,
to the PRA. A Federal agency generally Total Estimated Number of Washington, DC 20210. Deliveries
cannot conduct or sponsor a collection Responses: 10. (hand, express mail, messenger, and
of information, and the public is Total Estimated Annual Time Burden: courier service) are accepted during the
generally not required to respond to an 50 hours. Docket Office’s normal business hours,
information collection, unless it is Total Estimated Annual Other Costs 10:00 a.m. to 3:00 p.m., ET.
approved by the OMB under the PRA Burden: $23. Instructions: All submissions must
and displays a currently valid OMB Authority: 44 U.S.C. 3507(a)(1)(D). include the Agency name and the OSHA
Control Number. In addition, docket number (OSHA–2009–0024) for
Michel Smyth,
notwithstanding any other provisions of the Information Collection Request
Departmental Clearance Officer.
law, no person shall generally be subject (ICR). All comments, including any
[FR Doc. 2018–06476 Filed 3–29–18; 8:45 am] personal information you provide, are
to penalty for failing to comply with a
collection of information that does not BILLING CODE 4510–23–P placed in the public docket without
display a valid Control Number. See 5 change, and may be made available
CFR 1320.5(a) and 1320.6. online at http://www.regulations.gov.
The DOL obtains OMB approval for DEPARTMENT OF LABOR For further information on submitting
this information collection under Occupational Safety and Health comments see the ‘‘Public
Control Number 1225–0013, and the Administration Participation’’ heading in the section of
DOL seeks to extend PRA authorization this notice titled SUPPLEMENTARY
for this information collection for three [Docket No. OSHA–2009–0024] INFORMATION.
(3) more years, without any change to Docket: To read or download
existing requirements. The DOL notes Variance Regulations; Extension of the comments or other materials in the
Office of Management and Budget’s
amozie on DSK30RV082PROD with NOTICES
that existing information collection docket, go to http://www.regulations.gov
requirements submitted to the OMB (OMB) Approval of Information or the OSHA Docket Office at the above
receive a month-to-month extension Collection (Paperwork) Requirements address. All documents in the docket
while they undergo review. AGENCY: Occupational Safety and Health (including this Federal Register notice)
Interested parties are encouraged to Administration (OSHA), Labor. are listed in the http://
send comments to the OMB, Office of www.regulations.gov index; however,
ACTION: Request for public comments.
Information and Regulatory Affairs at some information (e.g., copyrighted
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![13792 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices
All submissions, including Mail, hand delivery, express mail, OSHA’s estimate of the information
copyrighted material, are available for messenger, or courier service: When collection burden is accurate. The
inspection and copying at the OSHA using this method, you must submit a Occupational Safety and Health Act of
Docket Office. Information on using the copy of your comments and attachments 1970 (the OSH Act) (29 U.S.C. 651 et
http://www.regulations.gov website to to the OSHA Docket Office, Docket No. seq.) authorizes information collection
submit comments and access the docket OSHA–2011–0125, Occupational Safety by employers as necessary or
is available at the website’s ‘‘User Tips’’ and Health Administration, U.S. appropriate for enforcement of the OSH
link. Contact the OSHA Docket Office Department of Labor, Room N–3653, Act or for developing information
for information about materials not 200 Constitution Avenue NW, regarding the causes and prevention of
available from the website, and for Washington, DC 20210. Deliveries occupational injuries, illnesses, and
assistance in using the internet to locate (hand, express mail, messenger, and accidents (29 U.S.C. 657). The OSH Act
docket submissions. courier service) are accepted during the also requires OSHA to obtain such
OSHA Docket Office’s normal business information with minimum burden
V. Authority and Signature upon employers, especially those
hours, 10:00 a.m. to 3:00 p.m., ET.
Loren Sweatt, Deputy Assistant Instructions: All submissions must operating small businesses, and to
Secretary of Labor for Occupational include the Agency name and the OSHA reduce to the maximum extent feasible
Safety and Health, directed the docket number (OSHA–2011–0125) for unnecessary duplication of efforts in
preparation of this notice. The authority the Information Collection Request obtaining information (29 U.S.C. 657).
for this notice is the Paperwork (ICR). All comments, including any Section 7(c)(1) of the OSH Act
Reduction Act of 1995 (44 U.S.C. 3506 personal information you provide, are authorizes the Secretary of Labor
et seq.) and Secretary of Labor’s Order placed in the public docket without (Secretary) to, ‘‘with the consent of any
No. 1–2012 (77 FR 3912). change, and may be made available State or political subdivision thereof,
online at http://www.regulations.gov. accept and use the services, facilities,
Signed at Washington, DC, on March 26,
2018. For further information on submitting and personnel of any agency of such
comments, see the ‘‘Public State or subdivision with
Loren Sweatt,
Participation’’ heading in the section of reimbursement.’’ Section 21(c) of the
Deputy Assistant Secretary of Labor for OSH Act authorizes the Secretary to
Occupational Safety and Health. this notice titled SUPPLEMENTARY
INFORMATION. ‘‘consult with and advise employers and
[FR Doc. 2018–06525 Filed 3–29–18; 8:45 am] employees . . . as to effective means of
Docket: To read or download
BILLING CODE 4510–26–P
comments or other material in the preventing occupational illnesses and
docket, go to http://www.regulations.gov injuries.’’
or the OSHA Docket Office at the Additionally, Section 21(d) of the
DEPARTMENT OF LABOR OSH Act instructs the Secretary to
address above. All documents in the
docket (including this Federal Register ‘‘establish and support cooperative
Occupational Safety and Health
notice) are listed in the http:// agreements with the States under which
Administration
employers subject to the Act may
www.regulations.gov index; however,
[Docket No. OSHA–2011–0125] consult with State personnel with
some information (e.g., copyrighted
respect to the application of
On-Site Consultation Programs; material) is not publicly available to
occupational safety and health
Extension of the Office of Management read or download through the website.
requirements under the Act or under
and Budget’s (OMB) Approval of All submissions, including copyrighted
State plans approved under section 18
Information Collection (Paperwork) material, are available for inspection
of the Act.’’ This gives the Secretary
Requirements and copying at the OSHA Docket Office.
authority to enter into agreements with
You may also contact Patrick Showalter
AGENCY: Occupational Safety and Health the States to provide On-Site
at (202) 693–2220 to obtain a copy of the
Consultation services, and establish
Administration (OSHA), Labor. ICR. rules under which employers may
ACTION: Request for public comments. FOR FURTHER INFORMATION CONTACT: qualify for an inspection exemption. To
Patrick Showalter, Director, Office of satisfy the intent of these and other
SUMMARY: OSHA solicits public Small Business Assistance, Directorate
comments concerning its proposal to sections of the OSH Act, OSHA codified
of Cooperative and State Programs, the terms that govern cooperative
extend OMB approval of the OSHA, U.S. Department of Labor,
information collection requirements agreements between OSHA and State
telephone (202) 693–2220. governments whereby State agencies
contained in the regulations addressing
SUPPLEMENTARY INFORMATION: provide On-Site Consultation services to
On-Site Consultation Programs.
private employers to assist them in
DATES: Comments must be submitted I. Background
complying with the requirements of the
(postmarked, sent, or received) by May The Department of Labor, as part of its OSH Act. The terms were codified as
29, 2018. continuing effort to reduce paperwork the Consultation Program regulations
ADDRESSES: and respondent (i.e., employer) burden, (29 CFR part 1908).
Electronically: You may submit conducts a preclearance process to The On-Site Consultation Program
comments and attachments provide the public with an opportunity regulations specify services to be
electronically at http:// to comment on proposed and provided, and practices and procedures
www.regulations.gov, which is the continuing information collection to be followed by the State On-Site
amozie on DSK30RV082PROD with NOTICES
Federal eRulemaking Portal. Follow the requirements in accordance with the Consultation Programs. Information
instructions online for submitting Paperwork Reduction Act of 1995 (PRA) collection requirements set forth in the
comments. (44 U.S.C. 3506(c)(2)(A)). This program On-Site Consultation Program
Facsimile: If your comments, ensures that information is in the regulations are in two categories: State
including attachments, are not longer desired format, reporting burden (time Responsibilities and Employer
than 10 pages you may fax them to the and costs) is minimal, collection Responsibilities. Eight regulatory
OSHA Docket Office at (202) 693–1648. instruments are clearly understood, and provisions require information
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Document Created: 2018-11-01 08:58:28
Document Modified: 2018-11-01 08:58:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Request for public comments. | |
| Dates | Comments must be submitted (postmarked, sent or received) by May 29, 2018. | |
| Contact | Charles McCormick or Theda Kenney, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, telephone (202) 693-2222. | |
| FR Citation | 83 FR 13790 |
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