States choosing to operate
OSHA-approved State plans must provide information to document that
their programs are "at least as effective" as the Federal OSHA
program. In order to obtain and maintain State Plan approval, a
State must submit various documents to OSHA describing its program
structure and operation, including any modifications thereto as
they occur, in accordance with the identified regulations.
OSHA is preparing to
publish an Interim Final Rule (IFR) to revise 29 CFR part 1952 and
29 CFR part 1956 to delete the detailed descriptions of State Plan
coverage, purely historical data, and other unnecessarily codified
information through an Interim Final Rule. In addition, OSHA will
move most of the provisions of subpart A of part 1952, which
contains general regulations affecting State Plans, into part 1902,
where most of the general regulations on State Plans are currently
found. Finally, OSHA is revising regulations 29 CFR parts 1902,
1903, 1904, 1953, 1954, and 1955 to delete or update
cross-references, as needed. OSHA seeks immediate changes to this
collection of information, to reflect the CFR revisions implemented
by the IFR. OSHA is currently holding publication of several
important changes relating to State Plan coverage, pending the
publication of this IFR. In addition, the New Jersey State Plan is
ready to receive Certification from OSHA and once granted, OSHA
would need to modify 29 CFR 1956 to reflect this change. Also,
there are at least three State Plans that have requested minor
changes in coverage of specific geographical areas within the
state, namely military bases and tribal lands. Processing these
rulemakings prior to the publication of the IFR and completion of
the streamlining 29 CFR 1952 and 1956 would confuse the public and
work against the goal of transparency.
US Code:
29
USC 667 Name of Law: Occupational Safety and Health Act
The Agency is requesting
emergency approval of a program change of 0 hours (burden hours
will remain 11,196 hours) to account for the reorganization of the
regulatory provisions and associated collection of information
requirements resulting from the recent publication of the Interim
Final Rule, "Streamlining of Provisions on State Plans for
Occupational Safety and Health." Due to system limitations, the
Department has entered one discretionary burden hour into the
reginfo.gov database to protect documents while they are undergoing
review in the deliberative process.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Occupational Safety and Health State Plan Information