[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Notices]
[Pages 10938-10940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03638]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2023-0001]


PSM On-Site Consultation Agreements; in Use Without an OMB Number 
and Seeks 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 of a new 
collection subject to Office of Management and Budget's (OMB) approval 
for the information collection requirements specified in the PSM On-
Site Consultation Agreements.

DATES: Comments must be submitted (postmarked, sent, or received) by 
April 24, 2023.

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.
    Docket: To read or download comments or other material in the 
docket, go to https://

[[Page 10939]]

www.regulations.gov. Documents in the docket are listed in the https://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) 693-2350 (TTY (877) 889-5627) for assistance in 
locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA 
docket number OSHA-2023-0001 for the Information Collection Request 
(ICR). OSHA will place all comments, including any personal 
information, in the public docket, which may be made 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 desired format, reporting burden (time and costs) 
is minimal, the collection instruments are clearly understood, and 
OSHA's estimate of the information collection burden is accurate. The 
Occupational Safety and Health Act of 1970 (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 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 effort in 
obtaining information (29 U.S.C. 657).
    Section 7(c)(1) of the Occupational Safety and Health Act (i.e., 
``the OSH Act'' or ``the Act'') authorizes the Secretary of Labor to, 
``with the consent of any State or political subdivision thereof, 
accept and use the services, facilities, and personnel of any agency of 
such State or subdivision with reimbursement.'' Section 21(c) of the 
Act authorizes the Secretary of Labor to ``consult with and advise 
employers and workers . . . as to effective means of preventing 
occupational illnesses and injuries.'' To satisfy the intent of these 
and other sections of the Act, the Occupational Safety and Health 
Administration (OSHA) codified the terms that govern cooperative 
agreements between OSHA and State governments or U.S. Territories 
whereby State agencies and U.S. Territories provide On-Site 
Consultation services to private sector, small business employers to 
assist them in complying with the requirements of the Act. The terms 
were codified as the On-Site Consultation Program regulations (29 CFR 
part 1908).
    OSHA's Compliance Assistance Authorization Act of 1998 (CAAA) 
amended Section 21 of the OSH Act by adding paragraph (d), authorizing 
the Secretary of Labor to enter into agreements with the States and 
U.S. Territories to provide On-Site Consultation services, and 
established rules under which employers may qualify for an inspection 
exemption. To achieve the intent of the CAAA, OSHA published a final 
rule to amend 29 CFR part 1908. The rule became effective on December 
26, 2000. The On-Site Consultation Program regulations specify services 
to be provided, as well as practices and procedures to be followed by 
the State On-Site Consultation programs. The Federal government 
provides 90 percent of funds for On-Site Consultation services.

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 to 
protect workers, 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 that OMB approves the new information collection 
requirements contained in the PSM On-Site Consultation Agreements. The 
agency is requesting that OMB approves 26,766 burden hours for this 
collection.
    OSHA will summarize the comments submitted in response to this 
notice and will include this summary in the request to OMB to extend 
the approval of the information collection requirements.
    Type of Review: In Use Without an OMB Number.
    Title: PSM On-Site Consultation Agreements.
    OMB Control Number: 1218-0NEW.
    Affected Public: Business or other for-profits.
    Number of Respondents: 34.
    Number of Responses: 6,841.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 26,766.
    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); if your comments, including 
attachments, are not longer than 10 pages you may fax them to the OSHA 
Docket Office at 202-693-1648; or (3) by hard copy. Please note: While 
OSHA's Docket Office is continuing to accept and process submissions by 
regular mail due to the COVID-19 pandemic, the Docket Office is closed 
to the public and not able to receive submissions to the docket by 
hand, express mail, messenger, and courier service. All comments, 
attachments, and other material must identify the agency name and the 
OSHA docket number for the ICR (OSHA-2023-0001). You may supplement 
electronic submissions by uploading document files electronically. If 
you wish to mail additional materials in reference to an electronic or 
a 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 that the agency can attach them to your 
comments.

[[Page 10940]]

    Due to 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 
dates of birth. Although all submissions are listed in the https://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 https://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 at (202) 693-2350, (TTY (877) 889-5627) 
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, Deputy 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. 8-2020 
(85 FR 58393).

    Signed at Washington, DC.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-03638 Filed 2-21-23; 8:45 am]
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