citing authority of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), keystone light beer crocs disapproved certain information collection requirements in the expanded scope rule, as of the rule’s effective date. On December 4, 1987 ,
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the Solicitor General requested the Supreme Court on behalf of the United States government to review the case, and the Court granted its request. In Dole v. United Steelworkers of America, keystone light beer crocs the Supreme Court affirmed the judgment of the Third Circuit. 110 S.Ct. 929 . The Court held that the term “collection of information” in the Paperwork Reduction Act refers solely to the collection of information by or for the use of a federal agency, and does not cover rules mandating disclosure of information to a third party. Id. at 937. Thus, the OMB – disapproved provisions reinstated by the Third Circuit continue to be in effect. To implement the court order, technical amendments were made to the HCS to delete from notes following the headings of the standard, and from the parentheticals following the text of the standard,
statements that any provisions of the HCS are disapproved by OMB. The OMB – assigned control number for the approved collection of information requirements of the HCS remain following the text of the standard. The Paperwork Reduction Act requires display of OMB control numbers with all information collection provisions. The Third Circuit’s decision became effective January 30, 1989. As ordered by the Third Circuit, OSHA published a notice in the Federal Registeron February 15, to inform affected employers and employees that all provisions of the HCS were in effect in all industries. As a matter of enforcement policy, OSHA did not check for compliance with the three provisions in programmed inspections until March 17, 1989. As described above, on October 28, 1987, the Office of Management and Budget ,
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