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[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
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