[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Notices]
[Pages 62569-62571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24055]


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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.

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SUMMARY: OSHA solicits public comments concerning the proposal to 
obtain OMB approval for the information collection requirements 
contained in the Standards on Variance and Other Relief; Variances and 
Other Relief; and Limitation, Variations, Tolerances or Exemptions. 
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 
January 10, 2022.

ADDRESSES: Submit comments by any of the following methods:
    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.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket are 
listed in the http://www.regulations.gov index; however, some 
information (e.g., copyrighted material) is not publicly available to 
read or download through the website. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office. Contact the OSHA Docket Office at (202)

[[Page 62570]]

693-2350 (TTY (877) 889-5627) for assistance in locating docket 
submissions.
    Instructions: All submissions must include the agency name and the 
OSHA docket number for this Federal Register notice (OSHA-2009-0024). 
OSHA will place comments and requests to speak, including personal 
information, in the public docket, which may be available online. 
Therefore, OSHA cautions interested parties about submitting personal 
information such as Social Security numbers and birthdates. For further 
information on submitting comments, see the ``Public Participation'' 
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman 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 the 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) (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.
    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 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 is also 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 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 the 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 the 
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: 48.
    Total Responses: 48.
    Average Time per Response: Varies.
    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.

[[Page 62571]]

    Because of security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments.
    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 publicly available to read or download from this 
website.
    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

    James S. Frederick, Acting 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 October 28, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-24055 Filed 11-9-21; 8:45 am]
BILLING CODE 4510-26-P


