DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1917 and 1918

Office of Management and Budget (OMB) Control Numbers Assigned Under the Paperwork Reduction Act of 1995

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Final rule.

SUMMARY: The Occupational Safety and Health Administration (OSHA) is notifying the public that the Office of Management and Budget (OMB) recently approved a number of information collection requirements in OSHA's regulations on Marine Terminals and Safety and Health Regulations for Longshoring. OSHA requested OMB approval for these requirements under the Paperwork Reduction Act of 1995. The Agency is now publishing the control numbers assigned by OMB to the approved requirements, as well as their expiration dates, in new sections of the regulations in table format.

EFFECTIVE DATE: November 12, 1999.

FOR FURTHER INFORMATION CONTACT: Ms. Barbara Bielaski, Office of Regulatory Analysis, Directorate of Policy, U.S. Department of Labor, Occupational Safety and Health Administration, Room N-3627; 200 Constitution Avenue, NW., Washington, DC 20210; telephone: 202-693-2444; FAX: 202-693-1641.

SUPPLEMENTARY INFORMATION:

I. Background

OSHA has a number of provisions in its occupational safety and health standards that require employers to collect or prepare information. The Paperwork Reduction Act of 1995 specifies that the Office of Management and Budget (OMB) must approve these information collection requirements at least once every three years; the Agency cannot impose a penalty on employers for violating collection of information requirements unless these requirements have OMB approval. When OMB approves collection of information requirements, it assigns them control numbers and expiration dates. The Agency must then notify the public of OMB's approval of the information collection requirements by publishing the assigned control numbers and expiration dates.

In the past, OSHA listed the OMB control numbers and expiration dates in 29 CFR parts 1917 (Marine Terminals) and 1918 (Safety and Health Regulations for Longshoring) by printing them at the end of each section or subpart in which they appeared. However, to make the collection of information requirements easily accessible and readily identifiable, OSHA is adding new sections to 29 CFR parts 1917 and 1918 that provide the expiration dates, as well as a list of the sections and paragraphs containing these requirements and their OMB control numbers.

II. Exemption From Notice-and-Comment Rulemaking

OSHA has determined that it is not necessary to provide for public notice and comment on this action 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)) because this action does not affect the substantive requirements or coverage of the affected standards. Accordingly, 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 to the public. OSHA, therefore, concludes that rulemaking within the meaning of 5 U.S.C. 553(b)(3)(B) is unnecessary and that, consistent with 29 CFR 1911.5, good cause exists for dispensing with the public-comment provisions of section 6(b) of the Occupational Safety and Health Act of 1970.

III. Exemption From the Requirement To Delay the Effective Date

OSHA finds that this final rule provides control numbers and expiration dates that will be helpful to the regulated community in determining the status of existing information collection requirements, and that this final rule accomplishes this purpose without increasing employer burden or decreasing employee protection. Therefore, the Agency concludes that, consistent with 5 U.S.C. 553(d)(3) and 29 CFR 1911.5, good cause exists for making this final rule effective upon publication in the Federal Register.

IV. Authority

Charles N. Jeffress, Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is Secs. 4, 6(b), and 8(g) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and 657), Sec. 41 of the Longshore and Harbor Workers' Act (33 U.S.C. 941), the Paperwork Reduction Act of 1995 (44 U.S.C. 3506), Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 6-96 (62 FR 111), as applicable; and 29 CFR 1911.5.

List of Subjects

29 CFR Part 1917

Hazardous substances, Longshore and harbor workers, Occupational safety and health, Reporting and recordkeeping requirements.

12 CFR Part 1918

Freight, Hazardous substances, Longshore and harbor workers, Occupational safety and health, Reporting and recordkeeping requirements, Vessels.

Signed at Washington, DC this 20th day of October 1999.

Charles N. Jeffress,
Assistant Secretary of Labor.

OSHA amends 29 CFR parts 1917 and 1918 as follows:

PART 1917 -- MARINE TERMINALS

1. The authority citation for part 1917 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 6-96 (62 FR 111), as applicable; and 29 CFR part 1911.

Section 1917.28 also issued under 5 U.S.C. 553.

Section 1917.29 also issued under Sec. 29, Hazardous Materials Transportation Uniform Safety Act of 1990 (49 U.S.C. 1801-1819 and 5 U.S.C. 553).

2. The heading of subpart A is revised to read as follows:

Subpart A -- General Provisions

3. Section 1917.4 is added to subpart A to read as follows:

§ 1917.4 OMB control numbers under the Paperwork Reduction Act.

The following list identifies the 29 CFR citations for sections or paragraphs in this part that contain a collection of information requirement approved by the Office of Management and Budget (OMB). The list also provides the control number assigned by OMB to each approved requirement; control number 1218-0196 expires on May 31, 2002 and control number 1218-0003 expires on July 31, 2001. The list follows:

Subpart C -- Cargo Handling Gear and Equipment

§ 1917.50 [Amended]

4. In § 1917.50, the OMB parenthetical at the end of the section is removed.

PART 1918 -- SAFETY AND HEALTH REGULATIONS FOR LONGSHORING

1. The 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 6-96 (62 FR 111), as applicable; and 29 CFR part 1911.

Section 1918.90 also issued under 5 U.S.C. 553.

Section 1918.100 also issued under Sec. 29, Hazardous Materials Transportation Uniform Safety Act of 1990 (49 U.S.C. 1801-1819 and 5 U.S.C. 553).

2. The heading for subpart A is revised to read as follows:

Subpart A -- General Provisions

3. New § 1918.4 is added to subpart A to read as follows:

§ 1918.4 OMB control numbers under the Paperwork Reduction Act.

The following list identifies the 29 CFR citations for sections or paragraphs in this part that contain a collection of information requirement approved by the Office of Management and Budget (OMB). The list also provides the control number assigned by OMB to each approved requirement; control number 1218-0196 expires on May 31, 2002 and control number 1218-0003 expires on July 31, 2001. The list follows:

[FR Doc. 99?28335 Filed 11?10?99; 8:45 am]

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