
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 67004-67006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23552]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0042]


OSHA's Conflict of Interest and Disclosure Form; 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 its proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
information collection requirements contained in the proposed Conflict 
of Interest (COI) and Disclosure Form, which will be used to determine 
whether or not a conflict of interest exists for a potential peer 
review panel member.

DATES: Comments must be submitted (postmarked, sent, or received) by 
November 28, 2016.

ADDRESSES:
    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.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit a copy of your comments and 
attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2009-0042, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210. 
Deliveries (hand, express mail, messenger, and courier service) are 
accepted during the Department of

[[Page 67005]]

Labor's and Docket Office's normal business hours, 8:15 a.m. to 4:45 
p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA 
docket number (OSHA-2009-0042) for the Information Collection Request 
(ICR). All comments, including any personal information you provide, 
are placed in the public docket without change, and may be made 
available online at http://www.regulations.gov. For further information 
on submitting comments see the ``Public Participation'' heading in the 
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket (including this Federal 
Register notice) are listed in the http://www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download from the Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Theda Kenney at 
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate 
of Standards and Guidance, OSHA, U.S. Department of Labor, 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 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that 
information is in the desired format, reporting burden (time and costs) 
is minimal, collection instruments are clearly understood, and OSHA's 
estimate of the information collection burden is accurate. The 
Occupational Safety and Health Act of 1970 (the 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 for developing 
information regarding the causes and prevention of occupational 
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also 
requires OSHA to 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).
    OSHA conducts peer reviews to review a draft product for quality by 
specialists in the field who were not involved in producing the draft. 
The selection of participants in a peer review is based on expertise, 
with due consideration of independence. The Office of Management and 
Budget published the Final Information Quality Bulletin for Peer Review 
on December 15, 2004. The Bulletin states ``. . . the agency must 
address reviewers' potential conflicts of interest (including those 
stemming from ties to regulated businesses and other stakeholders) and 
independence from the agency.'' The Bulletin requires agencies to adopt 
or adapt the committee selection policies employed by the National 
Academy of Sciences (NAS) when selecting peer reviewers who are not 
Government employees. To fulfill this requirement, OSHA has developed a 
Conflict of Interest (COI) and Disclosure Form, based on NAS' Conflict 
of Interest Disclosure form. This form will be used to determine 
whether or not a conflict exists for a potential peer review panel 
member.

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; 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

    There are no changes in burden hours from the previous Information 
Collection Request for obtaining the necessary background information 
and disclosure of conflict of interest information to ensure that 
invited experts are not compromised. There are no costs as discussed 
under Item 13 of the Supporting Statement.
    Type of Review: Extension of a currently approved collection.
    Title: OSHA's Conflict of Interest (COI) and Disclosure Form.
    OMB Control Number: 1218-0255.
    Affected Public: Individuals and Households.
    Number of Respondents: 36.
    Frequency of Responses: On occasion.
    Total Responses: 36.
    Average Time per Response: OSHA estimates it will take one-half 
hour to complete the COI Short form, and one (1) hour to complete the 
COI Long form.
    Estimated Total Burden Hours: 27.
    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 material must identify the Agency name 
and the OSHA docket number for the ICR (Docket No. OSHA-2009-0042). 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.
    Because of security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments. For information about 
security procedures concerning the delivery of materials by hand, 
express delivery, messenger, or courier service, please contact the 
OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627).
    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 
dates 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 Web 
site. All submissions, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the http://

[[Page 67006]]

www.regulations.gov Web site to submitcomments 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 from the Web site 
and for assistance in using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., 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. 1-2012 
(77 FR 3912).

    Signed at Washington, DC, on September 26, 2016.
David Michaels,
Assistant Secretary of Labor, for Occupational Safety and Health.
[FR Doc. 2016-23552 Filed 9-28-16; 8:45 am]
 BILLING CODE 4510-26-P


