[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 17027-17029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05723]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2019-0002]


Respirable Crystalline Silica Standards for General Industry, 
Shipyards, and Construction; Extension of the Office of Management and 
Budget's (OMB) Approval of Information Collection (Paperwork) 
Requirements

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

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning the proposal to 
extend OMB approval of the information collection requirements 
specified in the Respirable Crystalline Silica Standards for General 
Industry, Maritime, and Construction.

DATES: Comments must be submitted (postmarked, sent, or received) by 
May 22, 2023.

ADDRESSES: 
    Electronically: You may submit comments and attachments 
electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket are 
listed in the http://www.regulations.gov index; however, some 
information (e.g., copyrighted material) is not publicly available to 
read or download through the website. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office.

[[Page 17028]]

Contact the OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627) 
for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and the 
OSHA docket number (OSHA-2019-0002) for the Information Collection 
Request (ICR). OSHA will place all comments, including any personal 
information, in the public docket, which may be made available online. 
For further information on submitting comments, see the ``Public 
Participation'' heading in the section of this notice titled 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney, 
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, 
telephone (202) 693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of a continuing effort to reduce 
paperwork and respondent (i.e., employer) burden, conducts a 
preclearance process to provide the public with an opportunity to 
comment on proposed and continuing information collection requirements 
in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 
3506(c)(2)(A)). This program ensures that information is in the desired 
format, the reporting burden (time and costs) is minimal, the 
collection instruments are clearly understood, and OSHA's estimate of 
the information collection burden is accurate. The Occupational Safety 
and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes 
information collection by employers as necessary or appropriate for 
enforcement of the OSH Act or for developing information regarding the 
causes and prevention of occupational injuries, illnesses, and 
accidents (see 29 U.S.C. 657). The OSH Act also requires that OSHA 
obtain such information with a minimum burden upon employers, 
especially those operating small businesses, and to reduce to the 
maximum extent feasible unnecessary duplication of effort in obtaining 
information (see 29 U.S.C. 657).
    The Respirable Crystalline Silica Standards for general industry 
(29 CFR 1910.1053), shipyards (29 CFR 1915.1053) and construction (29 
CFR 1926.1153) contain the following information collection 
requirements: conducting worker exposure assessments and notifying 
workers of the assessment results and any corrective actions being 
taken; establishing, implementing, reviewing, evaluating, and updating 
a written exposure control plan and making the plan available to 
workers and designated representatives; creating and submitting air 
quality permit notifications; establishing a respiratory protection 
program; providing qualitative fit-testing and maintaining records; 
providing medical surveillance to workers; providing the physician or 
other licensed health care provider (PLHCP), or the specialist, with 
specific information; ensuring that the PLHCP, or specialist, explains 
the results of the medical examination to the employee and provides 
each employee with a copy of their written medical report; obtaining a 
written medical opinion from the PLHCP, or specialist, and ensuring 
that each employee receives a copy of the opinion; and making and 
maintaining air monitoring data, objective data, and medical 
surveillance records; and providing workers and designated 
representatives with access to these records. The records are used by 
workers, employers, and OSHA to determine the effectiveness of the 
employer's compliance efforts.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements 
are necessary for the proper performance of the agency's functions, 
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and 
costs) of the information collection requirements, including the 
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information 
collected; and
     Ways to minimize the burden on employers who must comply; 
for example, by using automated or other technological information 
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information 
collection requirements contained in the Respirable Crystalline Silica 
Standards for General Industry, Maritime and Construction. The agency 
is requesting an adjustment decrease of 4,672,138 burden hours (from 
12,468,266 to 7,796,128). The requested adjustment decrease is 
associated with the agency now zeroing out the burden hours of initial 
exposure assessments and the initial medical examinations for existing 
employees; and employers completing their written exposure assessment 
and respirator programs. In addition, the burden for rule 
familiarization and other one-time costs incurred within the first year 
was removed. Also, the agency is requesting an adjustment decrease of 
$132,079,926 for operation and maintenance costs (from $393,789,550 to 
$261,709,624) to adjust for substantially decreased estimates of 
initial exposure assessments and initial medical examinations.
    Type of Review: Extension of a currently approved collection.
    Title: Respirable Crystalline Silica Standards for General Industry 
(29 CFR 1910.1053) and Shipyards (29 CFR 1915.1053) and Construction 
(29 CFR 1926.1153).
    OMB Control Number: 1218-0266.
    Affected Public: Business or other for-profits.
    Number of Respondents: 764,318.
    Frequency: Biennially, Once, On occasion, Quarterly, Semi-annually, 
Annually.
    Average Time per Response: Various.
    Estimated Number of Responses: 17,203,330.
    Estimated Total Burden Hours: 7,796,128.
    Estimated Cost (Operation and Maintenance): $261,709,625.

IV. Public Participation--Submission of Comments on This Notice and 
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows: 
(1) electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile (fax), if your comments, including 
attachments, are not longer than 10 pages you may fax them to the OSHA 
Docket Office at 202-693-1648; or (3) by hard copy. All comments, 
attachments, and other material must identify the agency name and the 
OSHA docket number for the ICR (Docket No. OSHA-2019-0002). You may 
supplement electronic submissions by uploading document files 
electronically.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting personal information such as social security numbers and 
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download through this 
website. All submissions, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the http://www.regulations.gov website to submit comments and 
access the docket is available at the website's ``User Tips'' link.

[[Page 17029]]

    Contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-
5627) for information about materials not available from the website, 
and for assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, directed the preparation of this 
notice. The authority for this notice is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 8-2020 
(85 FR 58393).

    Signed at Washington, DC, on March 14, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-05723 Filed 3-20-23; 8:45 am]
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