Justification for No Material/Nonsubstantive Change

NOTE TO REVIEWERS

REVISION TO:

SUPPORTING STATEMENT FOR THE

INFORMATION COLLECTION REQUIREMENTS OF

REGULATIONS CONTAINING PROCEDURES FOR HANDLING OF

RETALIATION COMPLAINTS

OFFICE OF MANAGEMENT AND BUDGET (OMB) CONTROL NO. 1218-0236 (February 2013)

OSHA is requesting a non-substantive change to the currently approved collection of information requirements contained in the “Regulations Containing Procedures for Handling of Retaliation Complaints” ICR in anticipation of publication of the Interim Final Rule (IFR), 29 CFR 1986, Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Seaman’s Protection Act (SPA), As Amended. The purpose of the non-substantive change request is to add the IFR as a supplementary document to this ICR. The scheduled publication date for this action is February 6, 2013.

The Coast Guard Authorization Act of 2010 (P.L. 111-281) transferred enforcement authority of the Seaman’s Protection Act to OSHA on the date of its enactment, October 15, 2010. OSHA began enforcement of the Seaman’s Protection Act (“SPA”; codified at 46 USC 2114) on October 15, 2010, using its statutory authority and general procedures. The SPA statute is already referenced in the existing ICR as a statutory authority (submitted to OMB for approval in January 2011 and approved by OMB in May 2011). In addition, SPA complaints received by OSHA are already accounted for in the 2,507 estimated complaints reported in the existing ICR. Thus, promulgation of the IFR will not change the number of responses, burden hours or costs of this ICR.