[Federal Register: February 8, 2010 (Volume 75, Number 25)][Notices] [Page 6220-6222]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe10-79]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2009-0024]
Information Collection Requirements for the Variance Regulations;
Submission for 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 comments concerning its proposal to obtain OMB
approval for the information collection 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.
DATES: Comments must be submitted (postmarked, transmitted, or
received) by April 9, 2010.
ADDRESSES: Submit comments as follows:
Electronically: Submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal eRulemaking
Portal. Follow the instructions online for submitting comments.
Facsimile: OSHA allows facsimile transmission of comments,
including attachments, that are no longer than 10 pages in length. Send
these documents to the OSHA Docket Office at (202) 693-1648; OSHA does
not require hard copies of these documents. However, if commenters do
not transmit attachments (e.g., studies, journal articles), they must
submit one hard copy of the attachments to the OSHA Docket Office,
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200
Constitution Ave., NW., Washington, DC 20910. These attachments must
clearly identify the sender's name, date, subject, and docket number
(i.e., OSHA-2009-0024) so that the Agency can attach them to the
appropriate comments.
Regular mail, express mail, or messenger or courier
service: When using one of these methods, submit one hard copy of
comments and attachments (e.g., studies, journal articles) to the OSHA
Docket Office, Docket No. OSHA-2009-0024, Technical Data Center, Room
N-2625, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210 (telephone: 202-693-2350) (TTY: 877-889-5627).
Note that security-related procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express mail, or
messenger or courier service. The hours of operation for the OSHA
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
Instructions: All submissions must include the Agency name
and the OSHA docket number for this Information Collection Request
(ICR) (OSHA Docket No. OSHA-2009-0024). OSHA places comments and other
material, including any personal information, in the public docket
without revision, and will make this information available online at
http://www.regulations.gov. For further information on submitting
comments, see section IV ("Public Participation") of this notice.
Docket: To read or download comments or other material in
the docket, including the companion supporting statement, go to http://
www.regulations.gov or the OSHA Docket Office at the address above.
However, 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. 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.
FOR FURTHER INFORMATION CONTACT: Todd Owen, Directorate of Standards
and Guidance, OSHA, Room N-3609, 200 Constitution Avenue, NW.,
Washington, DC 20210; 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 (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
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 developing information
regarding the causes and prevention of occupational injuries,
illnesses, and accidents (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. Currently, no specific forms are
available for preparing variance applications and other documents that
may accompany variance applications. OSHA is developing new forms to
assist employers in preparing variance applications that comply with
the information collection requirements contained in the OSH Act and
variance regulations.
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;
Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques; and
Whether providing variance application forms on the
Agency's Web site would reduce the burden on employers applying for
variances.
III. Proposed Actions
OSHA is requesting OMB approval for 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 also is requesting OMB approval to develop and 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 Web site. The forms
would expedite the application process for employers, and ensure that the
information on the application is complete and accurate.
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: Existing collection in use without an OMB control
number.
Title: Information Collection Requirements for the Variance
Regulations.
OMB Number: 1218-0NEW.
Affected Public: Business or other for-profit and not-for-profit
institutions.
Number of Respondents: 12.
Frequency of Recordkeeping: On occasion.
Total Responses: 12.
Average Time per Response: Ranges from 2 hours for an employer to
assemble the application documents to 16 hours to locate and assemble
information required to complete an application.
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
Submit comments in response to this document: (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 (OSHA Docket No. OSHA-2009-0024). To supplement
electronic submissions, upload document files electronically. Send hard
copies of materials to supplement electronic or facsimile submissions
to the OSHA Docket Office (see the ADDRESSES section of this notice).
The additional materials must clearly identify the associated
electronic comments by name, date, and docket number so OSHA can attach
them to the comments. Note that security-related procedures may result
in significant delays in receiving comments and other written materials
by regular mail. Contact the OSHA Docket Office at (202) 693-2350 (TTY
(877) 889-5627) for information about security procedures concerning
delivery of materials by express mail, or messenger or courier service.
The hours of operation for the OSHA Docket Office are 8:15 a.m.-4:45
p.m., e.t.
OSHA posts comments and other submissions without revision at
http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as Social Security numbers and
birth dates. Some information (e.g., copyrighted material) is not
publicly available to read or download through http://
www.regulations.gov. However, 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, PhD, 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 Labor's Order No. 5-2007
(72 FR 31160).
Signed at Washington, DC, on January 29, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-2659 Filed 2-5-10; 8:45 am]
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