81_FR_48851 81 FR 48708 - Occupational Exposure to Respirable Crystalline Silica; Approval of Collections of Information

81 FR 48708 - Occupational Exposure to Respirable Crystalline Silica; Approval of Collections of Information

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 143 (July 26, 2016)

Page Range48708-48710
FR Document2016-17270

This rule is a technical amendment announcing that OMB has approved the collections of information contained in OSHA's standards for Occupational Exposure to Respirable Crystalline Silica and revising OSHA's regulations to reflect that approval. The OMB approval number is 1218-0266.

Federal Register, Volume 81 Issue 143 (Tuesday, July 26, 2016)
[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Rules and Regulations]
[Pages 48708-48710]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17270]


=======================================================================
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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, and 1926

[Docket No. OSHA-2010-0034]
RIN 1218-AB70


Occupational Exposure to Respirable Crystalline Silica; Approval 
of Collections of Information

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

ACTION: Final rule; Office of Management and Budget's (OMB) approval of 
collections of information.

-----------------------------------------------------------------------

SUMMARY: This rule is a technical amendment announcing that OMB has 
approved the collections of information contained in OSHA's standards 
for Occupational Exposure to Respirable Crystalline Silica and revising 
OSHA's regulations to reflect that approval. The OMB approval number is 
1218-0266.

DATES:  Effective July 26, 2016.

FOR FURTHER INFORMATION CONTACT: Todd Owen, OSHA, Directorate of 
Standards and Guidance, Room N-3609, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION: OSHA published a final rule for the 
Occupational Exposure to Respirable Crystalline Silica standards on 
March 25, 2016 (81 FR 16286), after determining that employees exposed 
to respirable crystalline silica at the previous permissible exposure 
limits face a significant risk of material impairment to their health. 
The evidence in the record for this rulemaking indicates that workers 
exposed to respirable crystalline silica are at increased risk of 
developing silicosis and other nonmalignant respiratory diseases, lung 
cancer, and kidney disease. These requirements are necessary to provide 
protection from these hazards. The silica final rule becomes effective 
on June 23, 2016. Start-up dates for specific provisions are set in 
Sec.  1910.1053(l) for general industry and maritime and in Sec.  
1926.1153(k) for construction.
    Consistent with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501-
3520), the Federal Register notice for the Occupational Exposure to 
Respirable Crystalline Silica final rule states that employers do not 
have to comply with the collections of information until OMB approves 
those collections of information and the

[[Page 48709]]

Department of Labor publishes a notice in the Federal Register 
announcing this approval and the control number assigned by OMB to the 
final rule's collections of information. Under 5 CFR 1320.5(b), an 
agency may not conduct or sponsor a collection of information unless: 
(1) The collection of information displays a current valid OMB control 
number and (2) the agency informs members of the public required to 
respond to the collection of information that they are not required to 
do so unless the agency displays a currently valid OMB control number 
for the collection of information.
    On March 25, 2016, the Department of Labor submitted an information 
collection request for the final rule to OMB for approval in accordance 
with the PRA. On June 27, 2016, OMB approved the collections of 
information contained in the final rule and assigned these collections 
of information OMB Control Number 1218-0266, titled ``Respirable 
Crystalline Silica Standards for General Industry, Shipyard Employment 
and Marine Terminals (29 CFR 1910.1053) and Construction (29 CFR 
1926.1053).'' The approval for collecting the information expires on 
June 30, 2019.
    This revision of Sec.  1910.8, Sec.  1915.8 and Sec.  1926.5 is a 
technical amendment to increase public awareness of OMB's approval of 
the collections of information. Opportunity for public comment on this 
rule is therefore unnecessary. The Agency notes that the public has 
already had the opportunity to comment on the collections of 
information and OMB has approved them.
    The final Occupational Exposure to Respirable Crystalline Silica 
standards impose new collections of information for purposes of the 
PRA. The collections of information in the rule are needed to assist 
employers in identifying and controlling exposures to respirable 
crystalline silica in the workplace, and to address adverse health 
effects related to respirable crystalline silica. OSHA will also use 
records developed in response to these standards to determine 
compliance with OSHA standards.
    The table below identifies the new collections of information 
contained in the final rule.

      Collection of Information Requirements in the Final Standard
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Exposure assessment--General...........  29 CFR 1910.1053(d)(1), 29 CFR
                                          1926.1153(c)(1), 29 CFR
                                          1926.1153(d), and 29 CFR
                                          1926.1153(d)(2)(i).
Exposure assessment--Performance option  29 CFR 1910.1053(d)(2) and 29
                                          CFR 1926.1153(d)(2)(ii).
Exposure assessment--Scheduled           29 CFR 1910.1053(d)(3)(i), 29
 monitoring option.                       CFR 1910.1053(d)(3)(iii)-
                                          (d)(3)(v), 29 CFR
                                          1926.1153(d)(2)(iii)(A), and
                                          29 CFR 1926.1153(d)(2)(iii)(C)-
                                          (E).
Exposure assessment--Reassessment of     29 CFR 1910.1053(d)(4) and 29
 exposures.                               CFR 1926.1153(d)(2)(iv).
Exposure assessment--Notifying each      29 CFR 1910.1053(d)(6)(i) and
 affected employee in writing of the      29 CFR 1926.1153(d)(2)(vi)(A).
 monitoring results or posting the
 results.
Exposure assessment--Describing          29 CFR 1910.1053(d)(6)(ii) and
 corrective actions being taken to        29 CFR 1926.1153(d)(2)(vi)(B).
 reduce employee exposure to or below
 the PEL in the written notification
 when an exposure assessment indicates
 that that employee exposure is above
 the PEL.
Written exposure control plan--          29 CFR 1910.1053(f)(2)(i), 29
 Establishing and implementing a          CFR 1910.1053(f)(2)(i)(A)-(C),
 written exposure control plan.           29 CFR 1926.1153(g)(1), and 29
                                          CFR 1926.1153(g)(1)(i)-(iv).
Written exposure control plan--          29 CFR 1910.1053(f)(2)(ii) and
 Reviewing and evaluating the             29 CFR 1926.1153(g)(2).
 effectiveness of the written exposure
 control plan annually and updating it
 as necessary.
Written exposure control plan--Making    29 CFR 1910.1053(f)(2)(iii) and
 the written exposure control plan        29 CFR 1926.1153(g)(3).
 readily available for examination and
 copying.
Methods of compliance--Compliance with   29 CFR 1910.1053(f)(3).
 29 CFR part 1915 Subpart I.
Respiratory protection--Instituting a    29 CFR 1910.1053(g)(2) and 29
 respiratory protection program in        CFR 1926.1153(e)(2).
 accordance with 29 CFR 1910.134.
Medical surveillance--Implementing       29 CFR 1910.1053(i)(1)(i), 29
 medical surveillance of employees.       CFR 1910.1053(i)(2), 29 CFR
                                          1910.1053(i)(2)(i)-(i)(2)(vi),
                                          29 CFR 1910.1053(i)(3), 29 CFR
                                          1910.1053(i)(7)(i), 29 CFR
                                          1926.1153(h)(1)(i), 29 CFR
                                          1926.1153(h)(2), 29 CFR
                                          1926.1153(h)(2)(i)-(h)(2)(vi),
                                          29 CFR 1926.1153(h)(3), and 29
                                          CFR 1926.1153(h)(7)(i).
Medical surveillance--Ensuring that the  29 CFR 1910.1053(i)(4), 29 CFR
 physician or other licensed health       1910.1053(i)(4)(i)-(iv), 29
 care professional (PLHCP), or            CFR 1910.1053(i)(7)(ii), 29
 specialist, has certain specified        CFR 1926.1153(h)(4), 29 CFR
 information.                             1926.1153(h)(4)(i)-(iv), and
                                          29 CFR 1926.1153(h)(7)(ii).
Medical surveillance--Ensuring that the  29 CFR 1910.1053(i)(5), 29 CFR
 PLHCP, or specialist, explains to the    1910.1053(i)(5)(i)-(iv), 29
 employee the results of the medical      CFR 1910.1053(i)(7)(iii), 29
 examination and provides each employee   CFR 1926.1153(h)(5), 29 CFR
 with a copy of their written medical     1926.1153(h)(5)(i)-(iv), and
 report.                                  29 CFR 1926.1153(h)(7)(iii).
Medical surveillance--Obtaining a        29 CFR 1910.1053(i)(6)(i), 29
 written medical opinion from the         CFR 1910.1053(i)(6)(i)(A)-(C),
 PLHCP, or specialist, and ensuring       29 CFR 1910.1053(i)(6)(ii)(A)-
 that each employee receives a copy of    (B), 29 CFR
 the PLHCP's written medical opinion.     1910.1053(i)(6)(iii), 29 CFR
                                          1910.1053(i)(7)(iv), 29 CFR
                                          1926.1153(h)(6)(i), 29 CFR
                                          1926.1153(h)(6)(i)(A)-(C), 29
                                          CFR 1926.1153(h)(6)(ii)(A)-
                                          (B), 29 CFR
                                          1926.1153(h)(6)(iii), and 29
                                          CFR 1926.1153(h)(7)(iv).
Hazard communication--Including          29 CFR 1910.1053(j)(1) and 29
 respirable crystalline silica in the     CFR 1926.1153(i)(1).
 program established to comply with the
 hazard communication standard (29 CFR
 1910.1200) and ensuring that each
 employee has access to labels on
 containers of crystalline silica and
 safety data sheets.

[[Page 48710]]

 
Making and maintaining air monitoring    29 CFR 1910.1053(k)(1)(i), 29
 data and objective data records and      CFR 1910.1053(k)(1)(ii), 29
 medical surveillance records for         CFR 1910.1053(k)(1)(ii)(A)-
 specific periods.                        (G), 29 CFR
                                          1910.1053(k)(2)(i), 29 CFR
                                          1910.1053(k)(2)(ii), 29 CFR
                                          1910.1053(k)(2)(ii)(A)-(E), 29
                                          CFR 1910.1053(k)(3)(i), 29 CFR
                                          1910.1053(k)(3)(ii), 29 CFR
                                          1910.1053(k)(3)(ii)(A)-(C), 29
                                          CFR 1926.1153(j)(1)(i), 29 CFR
                                          1926.1153(j)(1)(ii), 29 CFR
                                          1926.1153(j)(1)(ii)(A)-(G), 29
                                          CFR 1926.1153(j)(2)(i), 29 CFR
                                          1926.1153(j)(2)(ii), 29 CFR
                                          1926.1153(j)(2)(ii)(A)-(E) 29
                                          CFR 1926.1153(j)(3)(i), 29 CFR
                                          1926.1153(j)(3)(ii), and 29
                                          CFR 1926.1153(j)(3)(ii)(A)-
                                          (C).
Recordkeeping--Making air monitoring     29 CFR 1910.1053(k)(1)(iii), 29
 data, objective data, and medical        CFR 1910.1053(k)(2)(iii), 29
 surveillance records available.          CFR 1910.1053(k)(3)(iii), 29
                                          CFR 1926.1153(j)(1)(iii), 29
                                          CFR 1926.1153(j)(2)(iii), and
                                          29 CFR 1926.1153(j)(3)(iii).
------------------------------------------------------------------------

    Title: Respirable Crystalline Silica Standards for General 
Industry, Shipyard Employment and Marine Terminals and Construction.
    Affected Public: Business or other for-profits.
    Number of Respondents: 682,581 firms.
    Frequency: Biennially; Once; Semi-annually; On occasion; Annually; 
Quarterly.
    Average Time per Response: Varies from 5 minutes for the employer 
to make air-monitoring data, objective data and medical surveillance 
records available to employees to 16 hours for a large employer to 
develop a written exposure control plan.
    Estimated Total Burden Hours: 12,118,364 hours.
    Estimated Costs (Operation and Maintenance): $394 million.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, directed the preparation of this 
document. The authority for this document is the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order 1-
2012 (77 FR 3912 (January 25, 2012)).

    Signed at Washington, DC, on July 15, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

    For the reasons stated in the preamble, the Occupational Safety and 
Health Administration amends 29 CFR parts 1910, 1915, and 1926 as 
follows:

PART 1910--[AMENDED]

0
1. The authority citation for part 1910 continues to read as follows:

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order 
Numbers 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 
(67 FR 65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012 
(77 FR 3912), as applicable.

    Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29 CFR 
1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, 
5 U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222); Public Law 11-8 
and 111-317; and OMB Circular A-25 (dated July 8, 1993) (58 FR 38142, 
July 15, 1993).

Subpart A--General

0
2. Amend Sec.  1910.8 by adding to the table, in the proper numerical 
sequence, the entry ``1910.1053'' to read as follows:


Sec.  1910.8  OMB control numbers under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                            OMB control
                     29 CFR citation                            No.
------------------------------------------------------------------------
 
                                 * * * *
1910.1053...............................................       1218-0266
 
                                 * * * *
------------------------------------------------------------------------

PART 1915--[AMENDED]

0
3. The authority citation for part 1915 continues to read as follows:

    Authority: Section 41, Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 941); Sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); 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), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-
2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable; 29 CFR 
part 1911.

Subpart A--General

0
4. Amend Sec.  1915.8 by adding to the table, in the proper numerical 
sequence, the entry ``1915.1053'' to read as follows:


Sec.  1915.8  OMB control numbers under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                            OMB control
                     29 CFR citation                            No.
------------------------------------------------------------------------
 
                                 * * * *
1915.1053...............................................       1218-0266
 
                                 * * * *
------------------------------------------------------------------------

PART 1926--[AMENDED]

0
5. The authority citation for part 1926 continues to read as follows:

    Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; 
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), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160), 
5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), 
as applicable; and 29 CFR part 1911.

Subpart A--General

0
6. Amend Sec.  1926.5 by adding to the table, in the proper numerical 
sequence, the entry ``1926.1153'' to read as follows:


Sec.  1926.5  OMB control numbers under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                            OMB control
                     29 CFR citation                            No.
------------------------------------------------------------------------
 
                                 * * * *
1926.1153...............................................       1218-0266
 
                                 * * * *
------------------------------------------------------------------------

[FR Doc. 2016-17270 Filed 7-25-16; 8:45 am]
 BILLING CODE 4510-26-P



                                             48708               Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations

                                             Taxpayers must maintain sufficient                       entities, the Regulatory Flexibility Act               DEPARTMENT OF LABOR
                                             records to show the original cost of the                 (5 U.S.C. chapter 6) does not apply.
                                             property and to support the tax                          Pursuant to section 7805(f) of the Code,               Occupational Safety and Health
                                             treatment of the property transfer                       these regulations have been submitted                  Administration
                                             reported on the taxpayers’ returns.                      to the Chief Counsel for Advocacy of the
                                             Taxpayers must keep these records as                     Small Business Administration for                      29 CFR Parts 1910, 1915, and 1926
                                             long as they may be needed for the                       comment on their impact on small                       [Docket No. OSHA–2010–0034]
                                             administration of any provision of the                   business.
                                             Code. Generally, this means records that                                                                        RIN 1218–AB70
                                             support items shown on a return must                     Drafting Information
                                             be retained until the period of                                                                                 Occupational Exposure to Respirable
                                             limitations for that return expires. See                   The principal authors of these final                 Crystalline Silica; Approval of
                                             section 6501 of the Code. A copy of any                  regulations are Thomas Scholz and                      Collections of Information
                                             section 83(b) election made with respect                 Michael Hughes, Office of the Associate                AGENCY:  Occupational Safety and Health
                                             to property must be kept until the                       Chief Counsel (Tax Exempt and                          Administration (OSHA), Department of
                                             period of limitations expires for any                    Government Entities). However, other                   Labor.
                                             return with respect to which the income                  personnel from the IRS and the Treasury                ACTION: Final rule; Office of
                                             inclusion or basis of the property is                    participated in their development.                     Management and Budget’s (OMB)
                                             relevant.                                                List of Subjects 26 CFR Part 1                         approval of collections of information.
                                             Applicability Date                                                                                              SUMMARY:   This rule is a technical
                                                                                                        Income taxes, Reporting and
                                                These regulations apply to property                   recordkeeping requirements.                            amendment announcing that OMB has
                                             transferred on or after January 1, 2016.                                                                        approved the collections of information
                                             For transfers of property on or after                    Adoption of Amendments to the                          contained in OSHA’s standards for
                                             January 1, 2015 and prior to January 1,                  Regulations                                            Occupational Exposure to Respirable
                                             2016, the preamble to the proposed                                                                              Crystalline Silica and revising OSHA’s
                                             regulations provides that taxpayers may                    Accordingly, 26 CFR part 1 is                        regulations to reflect that approval. The
                                             rely on the guidance in the proposed                     amended as follows:                                    OMB approval number is 1218–0266.
                                             regulations (which is identical to the                                                                          DATES: Effective July 26, 2016.
                                             guidance contained in these final                        PART 1—INCOME TAXES
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                             regulations).                                                                                                   Todd Owen, OSHA, Directorate of
                                                                                                      ■ Paragraph 1. The authority citation
                                             Effect on Other Documents                                for Part 1 continues to read in part as                Standards and Guidance, Room N–3609,
                                                                                                                                                             U.S. Department of Labor, 200
                                               Rev. Proc. 2012–29 (IRB 2012–28, 49)                   follows:
                                                                                                                                                             Constitution Avenue NW., Washington,
                                             states that a taxpayer making a section                       Authority: 26 U.S.C. 7805 * * *                   DC 20210; telephone (202) 693–2222.
                                             83(b) election must submit a copy of the
                                             election with his or her tax return for                                                                         SUPPLEMENTARY INFORMATION: OSHA
                                                                                                      ■ Par. 2. Section 1.83–2 is amended by
                                             the taxable year in which such property                                                                         published a final rule for the
                                                                                                      revising paragraph (c) and adding
                                             was transferred. Effective as of July 26,                                                                       Occupational Exposure to Respirable
                                                                                                      paragraph (g) to read as follows:
                                             2016, Rev. Proc. 2012–29 is revoked, in                                                                         Crystalline Silica standards on March
                                             part, to the extent it requires,                         § 1.83–2 Election to include in gross                  25, 2016 (81 FR 16286), after
                                             inconsistent with these final                            income in year of transfer.                            determining that employees exposed to
                                             regulations, a taxpayer to submit a copy                 *      *     *    *     *                              respirable crystalline silica at the
                                             of a section 83(b) election with his or                                                                         previous permissible exposure limits
                                                                                                         (c) Manner of making election. The                  face a significant risk of material
                                             her income tax return.
                                                                                                      election referred to in paragraph (a) of               impairment to their health. The
                                             Statement of Availability of IRS                         this section is made by filing one copy                evidence in the record for this
                                             Documents                                                of a written statement with the internal               rulemaking indicates that workers
                                                Rev. Proc. 2012–29 is published in the                revenue office with which the person                   exposed to respirable crystalline silica
                                             Internal Revenue Bulletin (or                            who performed the services files his                   are at increased risk of developing
                                             Cumulative Bulletin) and is available                    return.                                                silicosis and other nonmalignant
                                             from the Superintendent of Documents,                    *      *     *    *     *                              respiratory diseases, lung cancer, and
                                             U.S. Government Printing Office,                                                                                kidney disease. These requirements are
                                                                                                         (g) Effective/applicability date.                   necessary to provide protection from
                                             Washington, DC 20402, or by visiting
                                                                                                      Paragraph (c) of this section applies to               these hazards. The silica final rule
                                             the IRS Web site at http://www.irs.gov.
                                                                                                      property transferred on or after January               becomes effective on June 23, 2016.
                                             Special Analyses                                         1, 2016.                                               Start-up dates for specific provisions are
                                               Certain IRS regulations, including this                John M. Dalrymple,                                     set in § 1910.1053(l) for general industry
                                             one, are exempt from the requirements                                                                           and maritime and in § 1926.1153(k) for
                                                                                                      Deputy Commissioner for Services and
                                             of Executive Order 12866, as                                                                                    construction.
                                                                                                      Enforcement.
                                             supplemented and reaffirmed by                                                                                     Consistent with the Paperwork
                                             Executive Order 13563. Therefore, a                        Approved: April 20, 2016.                            Reduction Act (PRA) (44 U.S.C. 3501–
                                             regulatory impact assessment is not                      Mark J. Mazur,                                         3520), the Federal Register notice for
rmajette on DSK2TPTVN1PROD with RULES




                                             required. It also has been determined                    Assistant Secretary of the Treasury (Tax               the Occupational Exposure to
                                             that section 553(b) of the Administrative                Policy).                                               Respirable Crystalline Silica final rule
                                             Procedure Act (5 U.S.C. chapter 5) does                  [FR Doc. 2016–17591 Filed 7–25–16; 8:45 am]            states that employers do not have to
                                             not apply to these regulations, and                      BILLING CODE 4830–01–P                                 comply with the collections of
                                             because the regulations do not impose a                                                                         information until OMB approves those
                                             collection of information on small                                                                              collections of information and the


                                        VerDate Sep<11>2014   13:45 Jul 25, 2016   Jkt 238001   PO 00000    Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\26JYR1.SGM   26JYR1


                                                                   Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations                                                 48709

                                             Department of Labor publishes a notice                       the PRA. On June 27, 2016, OMB                            to comment on the collections of
                                             in the Federal Register announcing this                      approved the collections of information                   information and OMB has approved
                                             approval and the control number                              contained in the final rule and assigned                  them.
                                             assigned by OMB to the final rule’s                          these collections of information OMB                        The final Occupational Exposure to
                                             collections of information. Under 5 CFR                      Control Number 1218–0266, titled                          Respirable Crystalline Silica standards
                                             1320.5(b), an agency may not conduct or                      ‘‘Respirable Crystalline Silica Standards                 impose new collections of information
                                             sponsor a collection of information                          for General Industry, Shipyard                            for purposes of the PRA. The collections
                                             unless: (1) The collection of information                    Employment and Marine Terminals (29                       of information in the rule are needed to
                                             displays a current valid OMB control                         CFR 1910.1053) and Construction (29                       assist employers in identifying and
                                             number and (2) the agency informs                            CFR 1926.1053).’’ The approval for                        controlling exposures to respirable
                                             members of the public required to                            collecting the information expires on                     crystalline silica in the workplace, and
                                             respond to the collection of information                     June 30, 2019.                                            to address adverse health effects related
                                             that they are not required to do so                             This revision of § 1910.8, § 1915.8 and                to respirable crystalline silica. OSHA
                                             unless the agency displays a currently                       § 1926.5 is a technical amendment to                      will also use records developed in
                                             valid OMB control number for the                             increase public awareness of OMB’s                        response to these standards to
                                             collection of information.                                   approval of the collections of                            determine compliance with OSHA
                                               On March 25, 2016, the Department of                       information. Opportunity for public                       standards.
                                             Labor submitted an information                               comment on this rule is therefore                           The table below identifies the new
                                             collection request for the final rule to                     unnecessary. The Agency notes that the                    collections of information contained in
                                             OMB for approval in accordance with                          public has already had the opportunity                    the final rule.

                                                                                     COLLECTION OF INFORMATION REQUIREMENTS IN THE FINAL STANDARD

                                             Exposure assessment—General ..............................................................   29 CFR 1910.1053(d)(1), 29 CFR 1926.1153(c)(1), 29 CFR
                                                                                                                                            1926.1153(d), and 29 CFR 1926.1153(d)(2)(i).
                                             Exposure assessment—Performance option ...........................................           29 CFR 1910.1053(d)(2) and 29 CFR 1926.1153(d)(2)(ii).
                                             Exposure assessment—Scheduled monitoring option .............................                29 CFR 1910.1053(d)(3)(i), 29 CFR 1910.1053(d)(3)(iii)–(d)(3)(v), 29
                                                                                                                                            CFR 1926.1153(d)(2)(iii)(A), and 29 CFR 1926.1153(d)(2)(iii)(C)–(E).
                                             Exposure assessment—Reassessment of exposures .............................                  29 CFR 1910.1053(d)(4) and 29 CFR 1926.1153(d)(2)(iv).
                                             Exposure assessment—Notifying each affected employee in writing of                           29 CFR 1910.1053(d)(6)(i) and 29 CFR 1926.1153(d)(2)(vi)(A).
                                               the monitoring results or posting the results.
                                             Exposure assessment—Describing corrective actions being taken to re-                         29 CFR 1910.1053(d)(6)(ii) and 29 CFR 1926.1153(d)(2)(vi)(B).
                                               duce employee exposure to or below the PEL in the written notifica-
                                               tion when an exposure assessment indicates that that employee ex-
                                               posure is above the PEL.
                                             Written exposure control plan—Establishing and implementing a written                        29 CFR 1910.1053(f)(2)(i), 29 CFR 1910.1053(f)(2)(i)(A)–(C), 29 CFR
                                               exposure control plan.                                                                       1926.1153(g)(1), and 29 CFR 1926.1153(g)(1)(i)–(iv).
                                             Written exposure control plan—Reviewing and evaluating the effective-                        29 CFR 1910.1053(f)(2)(ii) and 29 CFR 1926.1153(g)(2).
                                               ness of the written exposure control plan annually and updating it as
                                               necessary.
                                             Written exposure control plan—Making the written exposure control                            29 CFR 1910.1053(f)(2)(iii) and 29 CFR 1926.1153(g)(3).
                                               plan readily available for examination and copying.
                                             Methods of compliance—Compliance with 29 CFR part 1915 Subpart I                             29 CFR 1910.1053(f)(3).
                                             Respiratory protection—Instituting a respiratory protection program in                       29 CFR 1910.1053(g)(2) and 29 CFR 1926.1153(e)(2).
                                               accordance with 29 CFR 1910.134.
                                             Medical surveillance—Implementing medical surveillance of employees                          29 CFR 1910.1053(i)(1)(i), 29 CFR 1910.1053(i)(2), 29 CFR
                                                                                                                                            1910.1053(i)(2)(i)–(i)(2)(vi), 29 CFR 1910.1053(i)(3), 29 CFR
                                                                                                                                            1910.1053(i)(7)(i), 29 CFR 1926.1153(h)(1)(i), 29 CFR
                                                                                                                                            1926.1153(h)(2), 29 CFR 1926.1153(h)(2)(i)–(h)(2)(vi), 29 CFR
                                                                                                                                            1926.1153(h)(3), and 29 CFR 1926.1153(h)(7)(i).
                                             Medical surveillance—Ensuring that the physician or other licensed                           29 CFR 1910.1053(i)(4), 29 CFR 1910.1053(i)(4)(i)–(iv), 29 CFR
                                              health care professional (PLHCP), or specialist, has certain specified                        1910.1053(i)(7)(ii), 29 CFR 1926.1153(h)(4), 29 CFR
                                              information.                                                                                  1926.1153(h)(4)(i)–(iv), and 29 CFR 1926.1153(h)(7)(ii).
                                             Medical surveillance—Ensuring that the PLHCP, or specialist, explains                        29 CFR 1910.1053(i)(5), 29 CFR 1910.1053(i)(5)(i)–(iv), 29 CFR
                                              to the employee the results of the medical examination and provides                           1910.1053(i)(7)(iii), 29 CFR 1926.1153(h)(5), 29 CFR
                                              each employee with a copy of their written medical report.                                    1926.1153(h)(5)(i)–(iv), and 29 CFR 1926.1153(h)(7)(iii).
                                             Medical surveillance—Obtaining a written medical opinion from the                            29 CFR 1910.1053(i)(6)(i), 29 CFR 1910.1053(i)(6)(i)(A)–(C), 29 CFR
                                              PLHCP, or specialist, and ensuring that each employee receives a                              1910.1053(i)(6)(ii)(A)–(B), 29 CFR 1910.1053(i)(6)(iii), 29 CFR
                                              copy of the PLHCP’s written medical opinion.                                                  1910.1053(i)(7)(iv), 29 CFR 1926.1153(h)(6)(i), 29 CFR
                                                                                                                                            1926.1153(h)(6)(i)(A)–(C), 29 CFR 1926.1153(h)(6)(ii)(A)–(B), 29
                                                                                                                                            CFR 1926.1153(h)(6)(iii), and 29 CFR 1926.1153(h)(7)(iv).
                                             Hazard communication—Including respirable crystalline silica in the                          29 CFR 1910.1053(j)(1) and 29 CFR 1926.1153(i)(1).
                                               program established to comply with the hazard communication
                                               standard (29 CFR 1910.1200) and ensuring that each employee has
                                               access to labels on containers of crystalline silica and safety data
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                                             48710               Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations

                                                                      COLLECTION OF INFORMATION REQUIREMENTS IN THE FINAL STANDARD—Continued
                                             Making and maintaining air monitoring data and objective data records                    29 CFR 1910.1053(k)(1)(i), 29 CFR 1910.1053(k)(1)(ii), 29 CFR
                                              and medical surveillance records for specific periods.                                    1910.1053(k)(1)(ii)(A)–(G), 29 CFR 1910.1053(k)(2)(i), 29 CFR
                                                                                                                                        1910.1053(k)(2)(ii), 29 CFR 1910.1053(k)(2)(ii)(A)–(E), 29 CFR
                                                                                                                                        1910.1053(k)(3)(i), 29 CFR 1910.1053(k)(3)(ii), 29 CFR
                                                                                                                                        1910.1053(k)(3)(ii)(A)–(C), 29 CFR 1926.1153(j)(1)(i), 29 CFR
                                                                                                                                        1926.1153(j)(1)(ii), 29 CFR 1926.1153(j)(1)(ii)(A)–(G), 29 CFR
                                                                                                                                        1926.1153(j)(2)(i), 29 CFR 1926.1153(j)(2)(ii), 29 CFR
                                                                                                                                        1926.1153(j)(2)(ii)(A)–(E) 29 CFR 1926.1153(j)(3)(i), 29 CFR
                                                                                                                                        1926.1153(j)(3)(ii), and 29 CFR 1926.1153(j)(3)(ii)(A)–(C).
                                             Recordkeeping—Making air monitoring data, objective data, and med-                       29 CFR 1910.1053(k)(1)(iii), 29 CFR 1910.1053(k)(2)(iii), 29 CFR
                                               ical surveillance records available.                                                     1910.1053(k)(3)(iii), 29 CFR 1926.1153(j)(1)(iii), 29 CFR
                                                                                                                                        1926.1153(j)(2)(iii), and 29 CFR 1926.1153(j)(3)(iii).



                                                Title: Respirable Crystalline Silica                  55355), or 1–2012 (77 FR 3912), as                         § 1915.8 OMB control numbers under the
                                             Standards for General Industry,                          applicable.                                                Paperwork Reduction Act.
                                             Shipyard Employment and Marine                                                                                      *       *       *          *     *
                                             Terminals and Construction.                                Sections 1910.6, 1910.7, 1910.8 and
                                                Affected Public: Business or other for-               1910.9 also issued under 29 CFR 1911.
                                                                                                                                                                                                           OMB control
                                                                                                      Section 1910.7(f) also issued under 31                              29 CFR citation
                                             profits.                                                                                                                                                         No.
                                                                                                      U.S.C. 9701, 29 U.S.C. 9a, 5 U.S.C. 553;
                                                Number of Respondents: 682,581
                                                                                                      Public Law 106–113 (113 Stat. 1501A–
                                             firms.
                                                                                                      222); Public Law 11–8 and 111–317; and                            *            *               *         *
                                                Frequency: Biennially; Once; Semi-
                                                                                                      OMB Circular A–25 (dated July 8, 1993)                     1915.1053 .............................     1218–0266
                                             annually; On occasion; Annually;
                                                                                                      (58 FR 38142, July 15, 1993).
                                             Quarterly.
                                                                                                                                                                             *          *             *        *
                                                Average Time per Response: Varies                     Subpart A—General
                                             from 5 minutes for the employer to
                                             make air-monitoring data, objective data                                                                            PART 1926—[AMENDED]
                                                                                                      ■ 2. Amend § 1910.8 by adding to the
                                             and medical surveillance records
                                                                                                      table, in the proper numerical sequence,
                                             available to employees to 16 hours for                                                                              ■ 5. The authority citation for part 1926
                                                                                                      the entry ‘‘1910.1053’’ to read as
                                             a large employer to develop a written                                                                               continues to read as follows:
                                                                                                      follows:
                                             exposure control plan.
                                                                                                                                                                   Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C.
                                                Estimated Total Burden Hours:                         § 1910.8 OMB control numbers under the                     653, 655, 657; Secretary of Labor’s Order No.
                                             12,118,364 hours.                                        Paperwork Reduction Act.
                                                                                                                                                                 12–71 (36 FR 8754), 8–76 (41 FR 25059), 9–
                                                Estimated Costs (Operation and                        *       *        *          *    *                         83 (48 FR 35736), 1–90 (55 FR 9033), 6–96
                                             Maintenance): $394 million.                                                                                         (62 FR 111), 3–2000 (65 FR 50017), 5–2002
                                             Authority and Signature                                                                              OMB control    (67 FR 65008), or 5–2007 (72 FR 31160), 5–
                                                                                                               29 CFR citation                       No.         2007 (72 FR 31160), 4–2010 (75 FR 55355),
                                               David Michaels, Ph.D., MPH,                                                                                       or 1–2012 (77 FR 3912), as applicable; and
                                             Assistant Secretary of Labor for                                                                                    29 CFR part 1911.
                                             Occupational Safety and Health,                                 *            *               *           *
                                             directed the preparation of this                         1910.1053 .............................       1218–0266
                                                                                                                                                                 Subpart A—General
                                             document. The authority for this
                                             document is the Paperwork Reduction                                  *           *            *          *
                                                                                                                                                                 ■ 6. Amend § 1926.5 by adding to the
                                             Act of 1995 (44 U.S.C. 3506 et seq.) and                                                                            table, in the proper numerical sequence,
                                             Secretary of Labor’s Order 1–2012 (77                    PART 1915—[AMENDED]                                        the entry ‘‘1926.1153’’ to read as
                                             FR 3912 (January 25, 2012)).
                                                                                                                                                                 follows:
                                               Signed at Washington, DC, on July 15,                  ■ 3. The authority citation for part 1915
                                             2016.                                                    continues to read as follows:                              § 1926.5 OMB control numbers under the
                                             David Michaels,                                                                                                     Paperwork Reduction Act.
                                                                                                        Authority: Section 41, Longshore and
                                             Assistant Secretary of Labor for Occupational            Harbor Workers’ Compensation Act (33                       *       *       *          *     *
                                             Safety and Health.                                       U.S.C. 941); Sections 4, 6, and 8 of the
                                                                                                      Occupational Safety and Health Act of 1970                                                           OMB control
                                               For the reasons stated in the                                                                                              29 CFR citation                     No.
                                             preamble, the Occupational Safety and                    (29 U.S.C. 653, 655, 657); Secretary of Labor’s
                                             Health Administration amends 29 CFR                      Order No. 12–71 (36 FR 8754), 8–76 (41 FR
                                                                                                      25059), 9–83 (48 FR 35736), 1–90 (55 FR
                                             parts 1910, 1915, and 1926 as follows:                                                                                     *            *               *         *
                                                                                                      9033), 6–96 (62 FR 111), 3–2000 (65 FR
                                                                                                      50017), 5–2002 (67 FR 65008), 5–2007 (72 FR                1926.1153 .............................     1218–0266
                                             PART 1910—[AMENDED]
                                                                                                      31160), 4–2010 (75 FR 55355), or 1–2012 (77
                                                                                                      FR 3912), as applicable; 29 CFR part 1911.                             *          *             *        *
                                             ■ 1. The authority citation for part 1910
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                                             continues to read as follows:                                                                                       [FR Doc. 2016–17270 Filed 7–25–16; 8:45 am]
                                                                                                      Subpart A—General
                                               Authority: 29 U.S.C. 653, 655, 657;                                                                               BILLING CODE 4510–26–P
                                             Secretary of Labor’s Order Numbers 12–71
                                             (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48               ■ 4. Amend § 1915.8 by adding to the
                                             FR 35736), 1–90 (55 FR 9033), 6–96 (62 FR                table, in the proper numerical sequence,
                                             111), 3–2000 (65 FR 50017), 5–2002 (67 FR                the entry ‘‘1915.1053’’ to read as
                                             65008), 5–2007 (72 FR 31159), 4–2010 (75 FR              follows:


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Document Created: 2018-02-08 08:00:42
Document Modified: 2018-02-08 08:00:42
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; Office of Management and Budget's (OMB) approval of collections of information.
DatesEffective July 26, 2016.
ContactTodd Owen, OSHA, Directorate of Standards and Guidance, Room N-3609, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693- 2222.
FR Citation81 FR 48708 
RIN Number1218-AB70
CFR Citation29 CFR 1910
29 CFR 1915
29 CFR 1926

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