Occupational Exposure to Respirable Crystalline Silica; Approval of Collections of Information, 48708-48710 [2016-17270]
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48708
Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations
Taxpayers must maintain sufficient
records to show the original cost of the
property and to support the tax
treatment of the property transfer
reported on the taxpayers’ returns.
Taxpayers must keep these records as
long as they may be needed for the
administration of any provision of the
Code. Generally, this means records that
support items shown on a return must
be retained until the period of
limitations for that return expires. See
section 6501 of the Code. A copy of any
section 83(b) election made with respect
to property must be kept until the
period of limitations expires for any
return with respect to which the income
inclusion or basis of the property is
relevant.
Applicability Date
These regulations apply to property
transferred on or after January 1, 2016.
For transfers of property on or after
January 1, 2015 and prior to January 1,
2016, the preamble to the proposed
regulations provides that taxpayers may
rely on the guidance in the proposed
regulations (which is identical to the
guidance contained in these final
regulations).
Effect on Other Documents
Rev. Proc. 2012–29 (IRB 2012–28, 49)
states that a taxpayer making a section
83(b) election must submit a copy of the
election with his or her tax return for
the taxable year in which such property
was transferred. Effective as of July 26,
2016, Rev. Proc. 2012–29 is revoked, in
part, to the extent it requires,
inconsistent with these final
regulations, a taxpayer to submit a copy
of a section 83(b) election with his or
her income tax return.
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Statement of Availability of IRS
Documents
Rev. Proc. 2012–29 is published in the
Internal Revenue Bulletin (or
Cumulative Bulletin) and is available
from the Superintendent of Documents,
U.S. Government Printing Office,
Washington, DC 20402, or by visiting
the IRS Web site at https://www.irs.gov.
Special Analyses
Certain IRS regulations, including this
one, are exempt from the requirements
of Executive Order 12866, as
supplemented and reaffirmed by
Executive Order 13563. Therefore, a
regulatory impact assessment is not
required. It also has been determined
that section 553(b) of the Administrative
Procedure Act (5 U.S.C. chapter 5) does
not apply to these regulations, and
because the regulations do not impose a
collection of information on small
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entities, the Regulatory Flexibility Act
(5 U.S.C. chapter 6) does not apply.
Pursuant to section 7805(f) of the Code,
these regulations have been submitted
to the Chief Counsel for Advocacy of the
Small Business Administration for
comment on their impact on small
business.
Drafting Information
The principal authors of these final
regulations are Thomas Scholz and
Michael Hughes, Office of the Associate
Chief Counsel (Tax Exempt and
Government Entities). However, other
personnel from the IRS and the Treasury
participated in their development.
List of Subjects 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Adoption of Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
amended as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for Part 1 continues to read in part as
follows:
■
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.83–2 is amended by
revising paragraph (c) and adding
paragraph (g) to read as follows:
■
§ 1.83–2 Election to include in gross
income in year of transfer.
*
*
*
*
*
(c) Manner of making election. The
election referred to in paragraph (a) of
this section is made by filing one copy
of a written statement with the internal
revenue office with which the person
who performed the services files his
return.
*
*
*
*
*
(g) Effective/applicability date.
Paragraph (c) of this section applies to
property transferred on or after January
1, 2016.
John M. Dalrymple,
Deputy Commissioner for Services and
Enforcement.
Approved: April 20, 2016.
Mark J. Mazur,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2016–17591 Filed 7–25–16; 8:45 am]
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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
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION: Final rule; Office of
Management and Budget’s (OMB)
approval of collections of information.
AGENCY:
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 § 1910.1053(l) for general industry
and maritime and in § 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
SUMMARY:
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Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations
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 § 1910.8, § 1915.8 and
§ 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
48709
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 ..............................................................
Exposure assessment—Performance option ...........................................
Exposure assessment—Scheduled monitoring option .............................
Exposure assessment—Reassessment of exposures .............................
Exposure assessment—Notifying each affected employee in writing of
the monitoring results or posting the results.
Exposure assessment—Describing corrective actions being taken to 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—Establishing and implementing a written
exposure control plan.
Written exposure control plan—Reviewing and evaluating the effectiveness of the written exposure control plan annually and updating it as
necessary.
Written exposure control plan—Making the written exposure control
plan readily available for examination and copying.
Methods of compliance—Compliance with 29 CFR part 1915 Subpart I
Respiratory protection—Instituting a respiratory protection program in
accordance with 29 CFR 1910.134.
Medical surveillance—Implementing medical surveillance of employees
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Medical surveillance—Ensuring that the physician or other licensed
health care professional (PLHCP), or specialist, has certain specified
information.
Medical surveillance—Ensuring that the PLHCP, or specialist, explains
to the employee the results of the medical examination and provides
each employee with a copy of their written medical report.
Medical surveillance—Obtaining a written medical opinion from the
PLHCP, or specialist, and ensuring that each employee receives a
copy of the PLHCP’s written medical opinion.
Hazard communication—Including respirable crystalline silica in the
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.
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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).
29 CFR 1910.1053(d)(2) and 29 CFR 1926.1153(d)(2)(ii).
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).
29 CFR 1910.1053(d)(4) and 29 CFR 1926.1153(d)(2)(iv).
29 CFR 1910.1053(d)(6)(i) and 29 CFR 1926.1153(d)(2)(vi)(A).
29 CFR 1910.1053(d)(6)(ii) and 29 CFR 1926.1153(d)(2)(vi)(B).
29 CFR 1910.1053(f)(2)(i), 29 CFR 1910.1053(f)(2)(i)(A)–(C), 29 CFR
1926.1153(g)(1), and 29 CFR 1926.1153(g)(1)(i)–(iv).
29 CFR 1910.1053(f)(2)(ii) and 29 CFR 1926.1153(g)(2).
29 CFR 1910.1053(f)(2)(iii) and 29 CFR 1926.1153(g)(3).
29 CFR 1910.1053(f)(3).
29 CFR 1910.1053(g)(2) and 29 CFR 1926.1153(e)(2).
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).
29 CFR 1910.1053(i)(4), 29 CFR 1910.1053(i)(4)(i)–(iv), 29 CFR
1910.1053(i)(7)(ii), 29 CFR 1926.1153(h)(4), 29 CFR
1926.1153(h)(4)(i)–(iv), and 29 CFR 1926.1153(h)(7)(ii).
29 CFR 1910.1053(i)(5), 29 CFR 1910.1053(i)(5)(i)–(iv), 29 CFR
1910.1053(i)(7)(iii), 29 CFR 1926.1153(h)(5), 29 CFR
1926.1153(h)(5)(i)–(iv), and 29 CFR 1926.1153(h)(7)(iii).
29 CFR 1910.1053(i)(6)(i), 29 CFR 1910.1053(i)(6)(i)(A)–(C), 29 CFR
1910.1053(i)(6)(ii)(A)–(B), 29 CFR 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).
29 CFR 1910.1053(j)(1) and 29 CFR 1926.1153(i)(1).
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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
and medical surveillance records for specific periods.
Recordkeeping—Making air monitoring data, objective data, and medical surveillance records available.
Title: Respirable Crystalline Silica
Standards for General Industry,
Shipyard Employment and Marine
Terminals and Construction.
Affected Public: Business or other forprofits.
Number of Respondents: 682,581
firms.
Frequency: Biennially; Once; Semiannually; 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.
55355), or 1–2012 (77 FR 3912), as
applicable.
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]
1. The authority citation for part 1910
continues to read as follows:
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■
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
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OMB control
No.
29 CFR citation
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1915.1053 .............................
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1218–0266
*
Subpart A—General
2. Amend § 1910.8 by adding to the
table, in the proper numerical sequence,
the entry ‘‘1910.1053’’ to read as
follows:
■
§ 1910.8 OMB control numbers under the
Paperwork Reduction Act.
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OMB control
No.
29 CFR citation
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)).
§ 1915.8 OMB control numbers under the
Paperwork Reduction Act.
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).
Authority and Signature
VerDate Sep<11>2014
29 CFR 1910.1053(k)(1)(i), 29 CFR 1910.1053(k)(1)(ii), 29 CFR
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).
29 CFR 1910.1053(k)(1)(iii), 29 CFR 1910.1053(k)(2)(iii), 29 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).
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1910.1053 .............................
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1218–0266
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PART 1915—[AMENDED]
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.
PART 1926—[AMENDED]
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
6. Amend § 1926.5 by adding to the
table, in the proper numerical sequence,
the entry ‘‘1926.1153’’ to read as
follows:
■
§ 1926.5 OMB control numbers under the
Paperwork Reduction Act.
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1926.1153 .............................
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4. Amend § 1915.8 by adding to the
table, in the proper numerical sequence,
the entry ‘‘1915.1053’’ to read as
follows:
■
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No.
29 CFR citation
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1218–0266
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[FR Doc. 2016–17270 Filed 7–25–16; 8:45 am]
Subpart A—General
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]]>Agencies
[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Rules and Regulations]
[Pages 48708-48710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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
