[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Rules and Regulations]
[Page 44552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22380]
[[Page 44552]]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1904
Recording and Reporting Occupational Injuries and Illnesses;
Office of Management and Budget Control Numbers Under the Paperwork
Reduction Act
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Final rule.
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SUMMARY: The Occupational Safety and Health Administration (OSHA) is
adding a new section to its regulation for recording and reporting of
occupational injuries and illnesses (29 CFR part 1904). The new section
will be used to consolidate and display all of the control numbers
assigned by the Office of Management and Budget (OMB) for ``approved''
information collection requirements in Part 1904. None of the
requirements are new; they have been promulgated by OSHA at various
times over the past 25 years. The display of OMB control numbers is
required under the implementing rules and regulations of OMB and under
the Paperwork Reduction Act of 1995
DATE: Effective August 22, 1997.
FOR FURTHER INFORMATION CONTACT:
Mr. Stephen A. Newell, Office of Statistics, U.S. Department of Labor,
Occupational Safety and Health Administration, Room N3507; 200
Constitution Avenue, NW, Washington, DC 20210 (202-219-6463, FAX 202-
219-5161).
SUPPLEMENTARY INFORMATION:
I. Background
OSHA has a number of provisions within its regulation for recording
and reporting occupational injuries, illnesses and deaths 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
OHSA 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 relevant OMB control
numbers of the injury and illness recordkeeping requirements by
printing them at the end of each section in part 1904 to which they
were pertained. However, to enable the public to easily and readily
identify all of the collection of information requirements, OSHA is
dedicating one section in part 1904 (1904.30) to list the sections with
information collection requirements and show the appropriate OMB
control numbers. As a result of this new format, the parenthetical
notes and approval/control numbers now printed at the end of the
individual sections of Part 1904 can be removed.
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
This action is a rule of agency procedure and practice and is not
subject to the rulemaking requirements of the Administrative Procedures
Act. 5 U.S.C. Sec. 553(b)(A). It does not affect the substantive
requirements or coverage of the regulations 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).
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 Part 1904
Reporting and recordkeeping requirements.
Accordingly, pursuant to sections 8 and 24 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 657, 673), Secretary of
Labor's Order No. 1-90 (55 FR 9033), and 5 U.S.C. 553, 29 CFR Part 1904
is hereby amended as set forth below.
Signed in Washington, D.C., this 5th day of August, 1997.
Gregory R. Watchman,
Acting Assistant Secretary of Labor.
PART 1904--[AMENDED]
1. The authority citation for Part 1904 continues to read as
follows:
Authority: Secs. 8, 24, Occupational Safety and Health Act of
1970 (29 U.S.C. 657, 673), Secretary of Labor's Order No. 12-71 (36
FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033)
or 6-96 (62 FR 111), as applicable.
Section 1904.7, 1904.8 and 1904.17 are also issued under 5 U.S.C.
553.
2. Section 1904.30 is added to read as follows:
Sec. 1904.30 OMB control numbers under the Paperwork Reduction Act
The following sections each contain a collection of information
requirement which has been approved by the Office of Management and
Budget under the control number listed.
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OMB control
29 CFR citation No.
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1904.2..................................................... 1218-0176
1904.4-7................................................... 1218-0176
1904.8..................................................... 1218-0007
1904.17.................................................... 1218-0214
1904.21.................................................... 1220-0045
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3. Remove the parenthetical note relating to the OMB control number
that appears at the end of each of the following sections: 1904.2;
1904.4; 1904.5; 1904.6; 1904.15; 1904.21.
[FR Doc. 97-22380 Filed 8-21-97; 8:45 am]
BILLING CODE 4510-26-M
