[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Pages 20435-20436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8082]



Office of the Secretary

Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Occupational Safety and Health State Plans

ACTION: Notice.


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), 
email: OIRA_submission@omb.eop.gov.

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

[[Page 20436]]

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.
    Agency: DOL-OSHA.
    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.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2012-8082 Filed 4-3-12; 8:45 am]