DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, 1917, 1918, 1919, 1926, and 1928

Office of Management and Budget Control Numbers Under the Paperwork Reduction Act

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Final rule.

EFFECTIVE DATE: February 13, 1996.

FOR FURTHER INFORMATION CONTACT: Ms. Anne Cyr, Office of Information and Consumer Affairs, U.S. Department of Labor, Occupational Safety and Health Administration, Room N3647; 200 Constitution Avenue, NW, Washington, DC 20210 (202-219-8148, FAX 202-219-5986).

SUPPLEMENTARY INFORMATION:

I. Background

OSHA has a number of provisions within its occupational safety and health standards that require employers to collect or prepare information. These types of provisions are broadly classified as "information collection requirements." All information collection requirements are subject to review and approval by OMB on not more than a three-year cycle. It should be noted that OSHA cannot impose a penalty on employers for violating collection of information (recordkeeping, reporting, etc.) requirements if the agency has failed to obtain OMB approval of the requirement. When OMB approves collection of information requirements, it issues a "control number" for the collection of information provision. All agencies are required to display [show to the public] the OMB control numbers so the public will know that OMB has given the agency approval to require the information [report, record, documentation, form, etc.] to be collected. In the past, OSHA has displayed the OMB control number by printing it at the end of each section or subpart in which the requirement to collect information appeared. However, to enable the public easily and readily to identify all of the collection of information requirements, OSHA is dedicating one section in part 1910 (Safety and Health Standards for General Industry), one section in part 1915 (Shipyard Employment Standards), and one section in part 1926 (Construction Safety and Health Standards) to list those requirements and show the OMB control number. As a result of this new format, the parenthetical notes and approval/control numbers now printed at the end of the individual sections or subparts can be removed. This procedure is not being used for collections of information in 29 CFR Parts 1917, 1918, 1919, and 1928 because there are only one, two, or three collection of information requirements in each of these parts and it would serve no useful purpose to dedicate a specific section for such a small number. In these CFR parts, OSHA will continue to display the OMB control number at the end of the section which contains the information collection requirement.

None of the specific requirements to collect and provide information is new. The control numbers listed in this document were assigned previously by OMB; but not necessarily published in the regulations. This document makes no substantive change to the current OMB information collection budget or to any regulatory provision.

II. Exemption From Notice and Comment Procedures

With regard to this action, OSHA has determined that it is not necessary to provide for public notice and comment under either section 4 of the Administrative Procedures Act (5 U.S.C. 553) or under section 6(b) of the Occupational Safety and Health Act (29 U.S.C. 655(b)). This action does not affect the substantive requirements or coverage of the standards themselves. Furthermore, this document does not modify or revoke existing rights or obligations, nor does it establish new ones. With this action, the Agency is only providing information. OSHA, therefore, finds that notice and public procedure are impracticable and unnecessary within the meaning of 5 U.S.C. 553(b)(3)(B). For the same reasons, OSHA also finds that, in accordance with 29 CFR 1911.5, good cause exists for dispensing with the public notice and comment procedures prescribed in section 6(b) of the Occupational Safety and Health Act.

III. Exemption From Delayed Effective Date Requirement

Under 5 U.S.C. 553, OSHA finds that there is good cause for making this document effective upon publication in the Federal Register. This display of control numbers simply provides additional information on the existing regulatory burden without increasing that burden.

List of Subjects in 29 CFR Parts 1910, 1915, 1917, 1918, 1919, 1926, and 1928

Reporting and recordkeeping requirements.

Signed at Washington, DC this 8th day of February 1996.

Joseph A. Dear,

Assistant Secretary of Labor.

Accordingly, pursuant to sections 4, 6(b) and 8(g) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333), Sec. 41 of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941), Secretary of Labor's Order No. 1-90 (55 FR 9033), and 29 CFR Part 1911, 29 CFR Parts 1910, 1915, 1917, 1918, 1919, 1926, and 1928 are amended as set forth below.

PART 1910--[AMENDED]

1. The authority citation for Subpart A of part 1910 is revised to read as follows:

Authority: Secs. 4, 6, 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033), as applicable.

Sections 1910.7 and 1910.8 also issued under 29 CFR part 1911.

2. Subpart A of part 1910 is amended by adding a new Sec. 1910.8 to read as follows:

1910.8 OMB control numbers under the Paperwork Reduction Act

The following sections or paragraphs each contain a collection of information requirement which has been approved by the Office of Management and Budget under the control number listed.

1910.7, 1910.20, 1910.66, 1910.95, 1910.96, 1910.134, 1910.142, 1910.145, 1910.147, 1910.156, 1910.217, 1910.272, 1910.420, 1910.421, 1910.423, 1910.430, 1910.440, 1910.1001, 1910.1003, 1910.1004, 1910.1006-1910.1018, 1910.1025, 1910.1027-1910.1030, 1910.1043-1910.1045, 1910.1047, 1910.1048, 1910.1050, 1910.1200 and 1910.1450 [Amended]

3. Remove the parenthetical note relating to the OMB control number that appears at the end of each of the following sections: 1910.7; 1910.20; 1910.66; 1910.95; 1910.96; 1910.134; 1910.142; 1910.145; 1910.147; 1910.156; 1910.217; 1910.272; 1910.420; 1910.421; 1910.423; 1910.430; 1910.440; 1910.1001; 1910.1003; 1910.1004; 1910.1006 through 1910.1018; 1910.1025; 1910.1027 through 1910.1030; 1910.1043 through 1910.1045; 1910.1047; 1910.1048; 1910.1050; 1910.1200; 1910.1450.

PART 1915--[AMENDED]

4. The authority citation for part 1915 continues to read in part as follows:

Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

* * * * *

5. Part 1915 is amended by adding a new Sec. 1915.8 to Subpart A to read as follows:

1915.8 OMB control numbers under the Paperwork Reduction Act

The following sections or paragraphs contain a collection of information requirement which has been approved by the Office of Management and Budget under the control number listed.

1915.1001, 1915.1003, 1915.1004, 1915.1006-1915.1018, 1915.1025, 1915.1028, 1915.1030, 1915.1044, 1915.1045, 1915.1047, 1915.1048, 1915.1050, 1915.1120 and 1915.1450 [Amended]

6. Remove the parenthetical note relating to the OMB control number that appears at the end of the following sections: 1915.1001, 1915.1003, 1915.1004, 1915.1006 through 1915.1018, 1915.1025, 1915.1028, 1915.1030, 1915.1044, 1915.1045, 1915.1047, 1915.1048, 1915.1050, 1915.1120, and 1915.1450.

PART 1917--[AMENDED]

7. The authority citation for part 1917 continues to read in part as follows:

Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

* * * * *

1917.28 [Amended]

8. Add a parenthetical note at the end of Sec. 1917.28 to read as follows:

(Section 1917.28 contains a collection of information which has been approved by the Office of Management and Budget under OMB Control No. 1218-0072.)

1917.50 [Amended]

9. Revise the parenthetical note at the end of Sec. 1917.50 to read as follows:

(Section 1917.50 contains a collection of information which has been approved by the Office of Management and Budget under OMB Control No. 1218-0003)

1917.23, 1917.24, 1917.25, and 1917.116 [Amended]

10. Remove the parenthetical note relating to the OMB control number that appears at the end of the following sections: 1917.23; 1917.24; 1917.25; and 1917.116.

PART 1918--[AMENDED]

11. The general authority citation for part 1918 is revised to read as follows:

Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

* * * * *

1918.90 [Amended]

12. Add a parenthetical note at the end of Sec. 1918.90 to read as follows:

(Section 1918.90 contains a collection of information which has been approved by the Office of Management and Budget under OMB Control No. 1218-0072)

PART 1919--[AMENDED]

13. The authority citation for part 1919 is revised to read as follows:

Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

1919.3 [Amended]

14. Add a parenthetical note at the end of Sec. 1919.3 to read as follows:

(Section 1919.3 contains a collection of information which has been approved by the Office of Management and Budget under OMB Control No. 1218-0003.)

1919.51 [Amended]

15. Add a parenthetical note at the end of Sec. 1919.51 to read as follows:

(Section 1919.51 contains a collection of information which has been approved by the Office of Management and Budget under OMB Control No. 1218-0003)

1919.90 [Amended]

16. Add a parenthetical note at the end of Sec. 1919.90 to read as follows:

(Section 1919.90 contains a collection of information which has been approved by the Office of Management and Budget under OMB Control No. 1218-0003)

PART 1926--[AMENDED]

17. The authority citation for subpart A of part 1926 is revised to read as follows:

Authority: Sec. 107, Contract Work Hours and Safety Standards Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6, 8. Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), of 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

18. Part 1926 is amended by adding a new Sec. 1926.5 to read as follows:

1926.5 OMB control numbers under the Paperwork Reduction Act.

The following sections or paragraphs each contain a collection of information requirement which has been approved by the Office of Management and Budget under the control number listed.

1926.33, 1926.50, 1926.53, 1926.60, 1926.62, 1926.65, 1926.98, 1926.103, 1926.250, 1926.403-1926.405, 1926.407, 1926.408, 1926.550, 1926.703, 1926.800, 1926.803, 1926.1080, 1926.1081, 1926.1083, 1926.1090, 1926.1091, 1926.1101, 1926.1103, 1926.1104, 1926.1106-1926.1118, 1926.1127, 1926.1128, 1926.1129, 1926.1144, 1926.1145, 1926.1147, and 1926.1148 [Amended]

19. Remove the parenthetical notes relating to the OMB control number that appear at the end of the following sections: 1926.33, 1926.50, 1926.53, 1926.60, 1926.62, 1926.65, 1926.98, 1926.103, 1926.250, 1926.403 through 1926.405, 1926.407, 1926.408, 1926.550, 1926.703, 1926.800, 1926.803, 1926.1080, 1926.1081, 1926.1083, 1926.1090, 1926.1091, 1926.1101, 1926.1103, 1926.1104, 1926.1106 through 1926.1118, 1926.1127, 1926.1128, 1926.1129, 1926.1144, 1926.1145, 1926.1147, and 1926.1148.

PART 1928--[AMENDED]

20. The authority citation for part 1928 continues to read in part as follows:

Authority: Secs. 6 and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

* * * * *

1928.21 [Amended]

21. Add a parenthetical note at the end of Sec. 1928.21 to read as follows.

(Section 1928.21 contains a collection of information which has been approved by the Office of Management and Budget under OMB Control No. 1218-0072)

[FR Doc. 96-3118 Filed 2-12-96; 8:45 am]