Occupational Exposure to Respirable Crystalline Silica; Approval of Collections of Information, 48708-48710 [2016-17270]

Download as PDF 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. rmajette on DSK2TPTVN1PROD with RULES 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 http://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 VerDate Sep<11>2014 13:45 Jul 25, 2016 Jkt 238001 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] BILLING CODE 4830–01–P PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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: E:\FR\FM\26JYR1.SGM 26JYR1 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 rmajette on DSK2TPTVN1PROD with RULES 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. VerDate Sep<11>2014 13:45 Jul 25, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4700 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). Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 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 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: rmajette on DSK2TPTVN1PROD with RULES ■ 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 13:45 Jul 25, 2016 Jkt 238001 * * * * * OMB control No. 29 CFR citation * * * 1915.1053 ............................. * * * * 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. * * * * * 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). * * * 1910.1053 ............................. * * * * 1218–0266 * 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. * * * * * * * 1926.1153 ............................. * * BILLING CODE 4510–26–P 4. Amend § 1915.8 by adding to the table, in the proper numerical sequence, the entry ‘‘1915.1053’’ to read as follows: ■ Frm 00024 Fmt 4700 OMB control No. 29 CFR citation * * 1218–0266 * [FR Doc. 2016–17270 Filed 7–25–16; 8:45 am] Subpart A—General PO 00000 * Sfmt 9990 E:\FR\FM\26JYR1.SGM 26JYR1

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