80_FR_79220 80 FR 78977 - Streamlining of Provisions on State Plans for Occupational Safety and Health

80 FR 78977 - Streamlining of Provisions on State Plans for Occupational Safety and Health

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 80, Issue 243 (December 18, 2015)

Page Range78977-78978
FR Document2015-31878

On August 18, 2015 OSHA published in the Federal Register a direct final rule that streamlined provisions on State Plans. OSHA stated in that document that it would withdraw the companion proposed rule and confirm the effective date of the final rule if the Agency received no significant adverse comments on the direct final rule or the proposal. Since OSHA received no comments on the direct final rule or the proposal, the Agency now confirms that the direct final rule became effective as a final rule on October 19, 2015. The proposed rule and the direct final rule also requested comments on the collections of information contained in State Plan regulations under the Paperwork Reduction Act of 1995. The Office of Management and Budget (OMB) approved those collections of information.

Federal Register, Volume 80 Issue 243 (Friday, December 18, 2015)
[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Rules and Regulations]
[Pages 78977-78978]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31878]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1902, 1903, 1904, 1952, 1953, 1954, 1955, and 1956

[Docket No. OSHA-2014-0009]
RIN 1218-AC76


Streamlining of Provisions on State Plans for Occupational Safety 
and Health

AGENCY: Occupational Safety and Health Administration (OSHA), 
Department of Labor.

ACTION: Final rule; confirmation of effective date; approval of 
collections of information under the Paperwork Reduction Act of 1995.

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SUMMARY: On August 18, 2015 OSHA published in the Federal Register a 
direct final rule that streamlined provisions on State Plans. OSHA 
stated in that document that it would withdraw the companion proposed 
rule and confirm the effective date of the final rule if the Agency 
received no significant adverse comments on the direct final rule or 
the proposal. Since OSHA received no comments on the direct final rule 
or the proposal, the Agency now confirms that the direct final rule 
became effective as a final rule on October 19, 2015. The proposed rule 
and the direct final rule also requested comments on the collections of 
information contained in State Plan regulations under the Paperwork 
Reduction Act of 1995. The Office of Management and Budget (OMB) 
approved those collections of information.

DATES: The effective date for the direct final rule that published on 
August 18, 2015 (80 FR49897) is confirmed as October 19, 2015.

ADDRESSES: Electronic copies of this Federal Register notice are 
available at http://www.regulations.gov. This Federal Register notice, 
as well as news releases and other relevant information, also are 
available at OSHA's Web page at http://www.osha.gov.

FOR FURTHER INFORMATION CONTACT: For press inquiries: Francis 
Meilinger, Director, OSHA Office of Communications, Room N-3647, U.S. 
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; 
telephone: (202) 693-1999; email: [email protected].
    For general and technical information: Douglas J. Kalinowski, 
Director, OSHA Directorate of Cooperative and State Programs, Room N-
3700, U.S. Department of Labor, 200 Constitution Avenue NW., 
Washington, DC 20210; telephone: (202) 693-2200; email: 
[email protected].

SUPPLEMENTARY INFORMATION: Confirmation of the effective date: On 
August 18, 2015, OSHA published a direct final rule in the Federal 
Register amending OSHA regulations to remove the detailed descriptions 
of State Plan coverage, purely historical data, and other unnecessarily 
codified information. In addition, this document moved most of the 
general provisions of subpart A of part 1952 into part 1902, where the 
general regulations on State Plan criteria are found. It also amended 
several other OSHA regulations to delete references to part 1952, which 
will no longer apply. A companion proposed rule was also published on 
that date.
    In the direct final rule, OSHA stated that it would publish a 
Federal Register document confirming the effective date of the direct 
final rule and withdraw the proposed rule if it received no significant 
adverse comments on the direct final rule or the proposal. OSHA 
received no comments on the direct final rule or the proposed rule. 
Accordingly, OSHA is confirming the effective date of the direct final 
rule and the proposed rule is withdrawn.
    Approval of collections of information: The proposed rule and the 
direct final rule also contained a request for comments on an 
Information Collection Request under the Paperwork Reduction Act of 
1995 (PRA), which covers all collections of information in OSHA State 
Plan regulations. OMB received no comments. OMB has approved the 
revised collections of information and is retaining OMB control number 
1218-0247 for these requirements. The expiration date for the approval 
is April 30, 2016.

[[Page 78978]]

List of Subjects in 29 CFR Parts 1902, 1903, 1904, 1952, 1953, 
1954, 1955, and 1956

    Intergovernmental relations, Law enforcement, Occupational safety 
and health.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210, authorized the 
preparation of this final rule. OSHA is issuing this direct final rule 
under the authority specified by Sections 8(c)(1), 8(c)(2), and 8(g)(2) 
and 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657 
(c)(1), (c)(2), and (g)(2) and 667) and Secretary of Labor's Order No. 
1-2012 (76 FR 3912).

    Signed at Washington, DC, on December 11, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-31878 Filed 12-17-15; 8:45 am]
 BILLING CODE 4510-26-P



                                                                   Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Rules and Regulations                                         78977

                                                  contributions for the current plan year                 on or before the due date for the return              Federal Register notice, as well as news
                                                  to health savings accounts that are                     (including extensions of time for filing).            releases and other relevant information,
                                                  offered with an eligible employer-                      *     *    *     *    *                               also are available at OSHA’s Web page
                                                  sponsored plan are taken into account                                                                         at http://www.osha.gov.
                                                  for that plan year towards the plan’s MV                John Dalrymple,
                                                  percentage.                                             Deputy Commissioner for Services and                  FOR FURTHER INFORMATION CONTACT:    For
                                                     (4) Employer contributions to health                 Enforcement.                                          press inquiries: Francis Meilinger,
                                                  reimbursement arrangements. Amounts                       Approved: December 11, 2015                         Director, OSHA Office of
                                                  newly made available for the current                    Mark J. Mazur,                                        Communications, Room N–3647, U.S.
                                                  plan year under a health reimbursement                  Assistant Secretary of the Treasury (Tax              Department of Labor, 200 Constitution
                                                  arrangement that would be integrated                    Policy).                                              Avenue NW., Washington, DC 20210;
                                                  within the meaning of Notice 2013–54                    [FR Doc. 2015–31866 Filed 12–16–15; 4:15 pm]          telephone: (202) 693–1999; email:
                                                  (2013–40 IRB 287), see § 601.601(d) of                  BILLING CODE 4830–01–P                                meilinger.francis2@dol.gov.
                                                  this chapter, with an eligible employer-                                                                         For general and technical
                                                  sponsored plan for an employee                                                                                information: Douglas J. Kalinowski,
                                                  enrolled in the plan are taken into                     DEPARTMENT OF LABOR                                   Director, OSHA Directorate of
                                                  account for that plan year towards the                                                                        Cooperative and State Programs, Room
                                                  plan’s MV percentage if the amounts                     Occupational Safety and Health                        N–3700, U.S. Department of Labor, 200
                                                  may be used to reduce only cost-sharing                 Administration                                        Constitution Avenue NW., Washington,
                                                  for covered medical expenses. A health                                                                        DC 20210; telephone: (202) 693–2200;
                                                  reimbursement arrangement counts                        29 CFR Parts 1902, 1903, 1904, 1952,                  email: kalinowski.doug@dol.gov.
                                                  toward a plan’s MV percentage only if                   1953, 1954, 1955, and 1956
                                                  the health reimbursement arrangement                                                                          SUPPLEMENTARY INFORMATION:
                                                  and the eligible employer-sponsored                     [Docket No. OSHA–2014–0009]                           Confirmation of the effective date: On
                                                  plan are offered by the same employer.                  RIN 1218–AC76                                         August 18, 2015, OSHA published a
                                                  Employer contributions to a health                                                                            direct final rule in the Federal Register
                                                  reimbursement arrangement count for a                   Streamlining of Provisions on State                   amending OSHA regulations to remove
                                                  plan year towards the plan’s MV                         Plans for Occupational Safety and                     the detailed descriptions of State Plan
                                                  percentage only to the extent the                       Health                                                coverage, purely historical data, and
                                                  amount of the annual contribution is                                                                          other unnecessarily codified
                                                  required under the terms of the plan or                 AGENCY:   Occupational Safety and Health
                                                                                                          Administration (OSHA), Department of                  information. In addition, this document
                                                  otherwise determinable within a                                                                               moved most of the general provisions of
                                                  reasonable time before the employee                     Labor.
                                                                                                          ACTION: Final rule; confirmation of
                                                                                                                                                                subpart A of part 1952 into part 1902,
                                                  must decide whether to enroll in the                                                                          where the general regulations on State
                                                  eligible employer-sponsored plan.                       effective date; approval of collections of
                                                                                                          information under the Paperwork                       Plan criteria are found. It also amended
                                                     (5) Expected spending adjustments for
                                                                                                          Reduction Act of 1995.                                several other OSHA regulations to
                                                  health savings accounts and health
                                                                                                                                                                delete references to part 1952, which
                                                  reimbursement arrangements.
                                                                                                          SUMMARY:    On August 18, 2015 OSHA                   will no longer apply. A companion
                                                  [Reserved]
                                                                                                          published in the Federal Register a                   proposed rule was also published on
                                                     (d) Methods for determining MV.
                                                                                                          direct final rule that streamlined                    that date.
                                                  [Reserved]
                                                                                                          provisions on State Plans. OSHA stated                   In the direct final rule, OSHA stated
                                                     (e) Scope of essential health benefits
                                                                                                          in that document that it would
                                                  and adjustment for benefits not                                                                               that it would publish a Federal Register
                                                                                                          withdraw the companion proposed rule
                                                  included in MV Calculator. [Reserved]                                                                         document confirming the effective date
                                                                                                          and confirm the effective date of the
                                                     (f) Actuarial certification. [Reserved]              final rule if the Agency received no                  of the direct final rule and withdraw the
                                                     (1) In general. [Reserved]                           significant adverse comments on the                   proposed rule if it received no
                                                     (2) Membership in American                           direct final rule or the proposal. Since              significant adverse comments on the
                                                  Academy of Actuaries. [Reserved]                        OSHA received no comments on the                      direct final rule or the proposal. OSHA
                                                     (3) Actuarial analysis. [Reserved]                   direct final rule or the proposal, the                received no comments on the direct
                                                     (4) Use of MV Calculator. [Reserved]                 Agency now confirms that the direct                   final rule or the proposed rule.
                                                     (g) Effective/applicability date—in                  final rule became effective as a final rule           Accordingly, OSHA is confirming the
                                                  general. (1) Except as provided in                      on October 19, 2015. The proposed rule                effective date of the direct final rule and
                                                  paragraph (g)(2) of this section, this                  and the direct final rule also requested              the proposed rule is withdrawn.
                                                  section applies for taxable years ending                comments on the collections of                           Approval of collections of
                                                  after December 31, 2013.                                information contained in State Plan                   information: The proposed rule and the
                                                     (2) Exception. [Reserved]                            regulations under the Paperwork                       direct final rule also contained a request
                                                  ■ Par. 7. Section 1.6011–8 is amended                   Reduction Act of 1995. The Office of                  for comments on an Information
                                                  by revising paragraph (a) to read as                    Management and Budget (OMB)                           Collection Request under the Paperwork
                                                  follows:                                                approved those collections of                         Reduction Act of 1995 (PRA), which
                                                                                                          information.
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  § 1.6011–8 Requirement of income tax                                                                          covers all collections of information in
                                                  return for taxpayers who claim the premium              DATES:  The effective date for the direct             OSHA State Plan regulations. OMB
                                                  tax credit under section 36B.                           final rule that published on August 18,               received no comments. OMB has
                                                    (a) Requirement of return. A taxpayer                 2015 (80 FR49897) is confirmed as                     approved the revised collections of
                                                  for whom advance payments of the                        October 19, 2015.                                     information and is retaining OMB
                                                  premium tax credit under section 36B                    ADDRESSES: Electronic copies of this                  control number 1218–0247 for these
                                                  are made in a taxable year must file an                 Federal Register notice are available at              requirements. The expiration date for
                                                  income tax return for that taxable year                 http://www.regulations.gov. This                      the approval is April 30, 2016.


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                                                  78978            Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Rules and Regulations

                                                  List of Subjects in 29 CFR Parts 1902,                  Type the docket number in the                           Dated: December 15, 2015.
                                                  1903, 1904, 1952, 1953, 1954, 1955, and                 ‘‘SEARCH’’ box and click ‘‘SEARCH’’.                  Eric A. Washburn,
                                                  1956                                                    Click on Open Docket Folder on the line               Bridge Administrator, Western Rivers.
                                                    Intergovernmental relations, Law                      associated with this deviation.                       [FR Doc. 2015–31856 Filed 12–17–15; 8:45 am]
                                                  enforcement, Occupational safety and                    FOR FURTHER INFORMATION CONTACT:   If                 BILLING CODE 9110–04–P
                                                  health.                                                 you have questions on this temporary
                                                  Authority and Signature                                 deviation, call or email Eric A.
                                                                                                                                                                DEPARTMENT OF HOMELAND
                                                     David Michaels, Ph.D., MPH,                          Washburn, Bridge Administrator,                       SECURITY
                                                  Assistant Secretary of Labor for                        Western Rivers, Coast Guard; telephone
                                                  Occupational Safety and Health, U.S.                    314–269–2378, email Eric.Washburn@                    Coast Guard
                                                  Department of Labor, 200 Constitution                   uscg.mil.
                                                  Avenue NW., Washington, DC 20210,                                                                             33 CFR Part 117
                                                                                                          SUPPLEMENTARY INFORMATION:      The U.S.
                                                  authorized the preparation of this final                Army Rock Island Arsenal requested a                  [Docket No. USCG–2015–1070]
                                                  rule. OSHA is issuing this direct final                 temporary deviation for the Rock Island
                                                  rule under the authority specified by                                                                         Drawbridge Operation Regulation;
                                                                                                          Railroad and Highway Drawbridge,
                                                  Sections 8(c)(1), 8(c)(2), and 8(g)(2) and                                                                    Cheesequake Creek, Morgan, NJ
                                                                                                          across the Upper Mississippi River, mile
                                                  18 of the Occupational Safety and
                                                                                                          482.9, at Rock Island, Illinois to remain             AGENCY: Coast Guard, DHS.
                                                  Health Act of 1970 (29 U.S.C. 657 (c)(1),
                                                  (c)(2), and (g)(2) and 667) and Secretary               in the closed-to-navigation position for              ACTION:Notice of deviation from
                                                  of Labor’s Order No. 1–2012 (76 FR                      21 days from 8 a.m., February 8, 2016                 drawbridge regulation.
                                                  3912).                                                  to 5 p.m., February 28, 2016, while
                                                                                                          preventive maintenance and critical                   SUMMARY:    The Coast Guard has issued a
                                                    Signed at Washington, DC, on December                 repairs that are essential to the                     temporary deviation from the operating
                                                  11, 2015.                                                                                                     schedule that governs the New Jersey
                                                                                                          continued safe operation of the
                                                  David Michaels,                                                                                               Transit Rail Operations (NJTRO) Morgan
                                                                                                          drawbridge are performed.
                                                  Assistant Secretary of Labor for Occupational                                                                 railroad bridge across Cheesequake
                                                  Safety and Health.                                        The Rock Island Railroad and                        Creek, mile 0.2, at Morgan, New Jersey.
                                                  [FR Doc. 2015–31878 Filed 12–17–15; 8:45 am]            Highway Drawbridge currently operates                 This deviation is necessary to allow the
                                                  BILLING CODE 4510–26–P
                                                                                                          in accordance with 33 CFR 117.5, which                bridge owner to perform structural
                                                                                                          states the general requirement that the               repairs at the bridge. This deviation
                                                                                                          drawbridge shall open on signal.                      allows the bridge to remain closed on
                                                  DEPARTMENT OF HOMELAND                                    There are no alternate routes for                   six consecutive weekends.
                                                  SECURITY                                                vessels transiting this section of the                DATES: This deviation is effective from
                                                                                                          Upper Mississippi River. The bridge                   6 a.m. on Saturday, January 9 to 7 p.m.
                                                  Coast Guard                                             cannot open in case of emergency.                     February 28, 2016.
                                                                                                            Winter conditions on the Upper                      ADDRESSES: The docket for this
                                                  33 CFR Part 117
                                                                                                          Mississippi River coupled with the                    deviation, [USCG–2015–1070] is
                                                  [Docket Number USCG–2015–1087]                          closure of Army Corps of Engineer’s                   available at http://www.regulations.gov.
                                                                                                          Lock No. 13 (Mile 522.5 UMR) and Lock                 Type the docket number in the
                                                  Drawbridge Operation Regulation;                        No. 21 (Mile 324.9 UMR) from 7 a.m.                   ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
                                                  Upper Mississippi River, Rock Island,                   January 4, 2016 until 12 p.m., March 4,               Click on Open Docket Folder on the line
                                                  IL                                                      2016 will preclude any significant                    associated with this deviation.
                                                  AGENCY: Coast Guard, DHS.                               navigation demands for the drawspan                   FOR FURTHER INFORMATION CONTACT: If
                                                  ACTION:Notice of deviation from                         opening. In addition, Army Corps Lock                 you have questions on this temporary
                                                  drawbridge regulation.                                  No. 14 (Mile 493.3 UMR) and Lock No.                  deviation, call or email Mr. Joe Arca,
                                                                                                          17 (Mile 437.1 UMR) will be closed                    Project Officer, First Coast Guard
                                                  SUMMARY:   The Coast Guard has issued a                 from 7 a.m. December 14, 2015 until 12                District, telephone (212) 514–4336,
                                                  temporary deviation from the operating                  p.m. March 2, 2016.                                   email joe.m.arca@uscg.mil.
                                                  schedule that governs the Rock Island                                                                         SUPPLEMENTARY INFORMATION: The
                                                  Railroad and Highway Drawbridge                           The Rock Island Railroad and
                                                                                                          Highway Drawbridge provides a vertical                NJTRO Morgan railroad bridge across
                                                  across the Upper Mississippi River, mile                                                                      Cheesequake Creek, mile 0.2, at Morgan,
                                                  482.9, at Rock Island, Illinois. The                    clearance of 23.8 feet above normal pool
                                                                                                          in the closed-to-navigation position.                 New Jersey, has a vertical clearance in
                                                  deviation is necessary to allow the                                                                           the closed position of 3 feet at mean
                                                  bridge owner time to perform preventive                 Navigation on the waterway consists
                                                                                                          primarily of commercial tows and                      high water and 8 feet at mean low water.
                                                  maintenance and critical repairs that are                                                                     The existing bridge operating
                                                  essential to the continued safe operation               recreational watercraft and will not be
                                                                                                          significantly impacted. This temporary                regulations are found at 33 CFR
                                                  of the drawbridge, and is scheduled in                                                                        117.709(b).
                                                  the winter when there is less impact on                 deviation has been coordinated with
                                                                                                                                                                   The waterway is transited by seasonal
                                                  navigation. This deviation allows the                   waterway users. No objections were
                                                                                                                                                                recreational vessels of various sizes.
                                                                                                          received.
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  bridge to be maintained in the closed-                                                                           The bridge owner, New Jersey Transit
                                                  to-navigation position for 21 days.                       In accordance with 33 CFR 117.35(e),                Rail Operations, requested a temporary
                                                  DATES: This deviation is effective from                 the drawbridge must return to its regular             deviation from the normal operating
                                                  8 a.m., February 8, 2016 until 5 p.m.,                  operating schedule immediately at the                 schedule to facilitate structural repairs
                                                  February 28, 2016.                                      end of the effective period of this                   at the bridge.
                                                  ADDRESSES: The docket for this                          temporary deviation. This deviation                      Under this temporary deviation, the
                                                  deviation, [USCG–2015–1087] is                          from the operating regulations is                     NJTRO Morgan railroad bridge shall
                                                  available at http://www.regulations.gov.                authorized under 33 CFR 117.35.                       remain in the closed position for six


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Document Created: 2015-12-18 01:38:29
Document Modified: 2015-12-18 01:38:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; confirmation of effective date; approval of collections of information under the Paperwork Reduction Act of 1995.
DatesThe effective date for the direct final rule that published on August 18, 2015 (80 FR49897) is confirmed as October 19, 2015.
ContactFor press inquiries: Francis Meilinger, Director, OSHA Office of Communications, Room N-3647, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-1999; email: [email protected]
FR Citation80 FR 78977 
RIN Number1218-AC76
CFR Citation29 CFR 1902
29 CFR 1903
29 CFR 1904
29 CFR 1952
29 CFR 1953
29 CFR 1954
29 CFR 1955
29 CFR 1956
CFR AssociatedIntergovernmental Relations; Law Enforcement and Occupational Safety and Health

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