[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Rules and Regulations]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14274]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. OSHA-2018-0003]
Revising the Beryllium Standard for General Industry
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Final rule; confirmation of effective date.
SUMMARY: OSHA is confirming the effective date of its direct final rule
(DFR) adopting a number of clarifying amendments to the beryllium
standard for general industry to address the application of the
standard to materials containing trace amounts of beryllium. In the May
7, 2018, DFR, OSHA stated that the DFR would become effective on July
6, 2018, unless one or more significant adverse comments were submitted
by June 6, 2018. OSHA did not receive significant adverse comments on
the DFR, so by this document the agency is confirming that the DFR will
become effective on July 6, 2018.
DATES: The DFR published on May 7, 2018 (83 FR 19936), becomes
effective on July 6, 2018. For purposes of judicial review, OSHA
considers the date of publication of this document as the date of
promulgation of the DFR.
ADDRESSES: For purposes of 28 U.S.C. 2112(a), OSHA designates the
Associate Solicitor of Labor for Occupational Safety and Health as the
recipient of petitions for review of the direct final rule. Contact the
Associate Solicitor at the Office of the Solicitor, Room S-4004, U.S.
Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210;
telephone: (202) 693-5445.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Mr. Frank Meilinger, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue NW, Washington, DC 20210; telephone: (202) 693-1999; email:
General information and technical inquiries: Mr. William Perry or
Ms. Maureen Ruskin, Directorate of Standards and Guidance, Room N-3718,
OSHA, U.S. Department of Labor, 200 Constitution Avenue NW, Washington,
DC 20210; telephone: (202) 693-1950; fax: (202) 693-1678.
Copies of this Federal Register document and news releases:
Electronic copies of these documents are available
at OSHA's web page at http://www.osha.gov.
I. Confirmation of Effective Date
On May 7, 2018, OSHA published a DFR in the Federal Register (83 FR
19936) amending the text of the beryllium standard for general industry
to clarify OSHA's intent with respect to certain terms in the standard,
including the definition of Beryllium Work Area (BWA), the definition
of emergency, and the meaning of the terms dermal contact and beryllium
contamination. It also clarifies OSHA's intent with respect to
provisions for disposal and recycling and with respect to provisions
that the agency intends to apply only where skin can be exposed to
materials containing at least 0.1% beryllium by weight. Interested
parties had until June 6, 2018, to submit comments on the DFR.
The agency stated that it would publish another document confirming
the effective date of the DFR if it received no significant adverse
comments. OSHA received seven comments in the record from Materion
Brush, Inc., Mead Metals Inc., National Association of Manufacturers,
Airborn, Inc., Edison Electric Institute, and two private citizens
(Document IDs OSHA-2018-0003-0004 thru OSHA-2018-0003-0010). The seven
submissions contained comments that were either supportive of the DFR
or were considered not to be significant adverse comments. (Document
IDs OSHA-2018-0003-0004 thru OSHA-2018-0003-0010). Three of these
submissions also contained comments that were outside the scope of the
DFR and OSHA is not considering the portions of those submissions that
are outside the scope (OSHA-2018-0003-0004 thru OSHA-2018-0003-0006).
OSHA has determined this DFR will maintain safety and health
protections for workers while reducing employers' compliance burdens.
As the agency did not receive any significant adverse comments, OSHA is
hereby confirming that the DFR published on May 7, 2018, will become
effective on July 6, 2018.
II. OMB Review Under the Paperwork Reduction Act of 1995
This action does not add or change any information collection
requirements subject to OMB approval under the Paperwork Reduction Act
of 1995 (PRA), 44 U.S.C. 3501 et seq., and its implementing regulations
at 5 CFR part 1320. The PRA defines a collection of information as the
obtaining, causing to be obtained, soliciting, or requiring the
disclosure to third parties or the public of facts or opinions by or
for an agency regardless of form or format. See 44 U.S.C. 3502(3)(A).
While not affected by this rulemaking, the Department has cleared
information collections related to occupational exposure to beryllium
standards--general industry, 29 CFR 1910.1024; construction, 29 CFR
1926.1124; and shipyards, 29 CFR 1915.1024--under control number 1218-
0267. The existing approved information collections are unchanged by
In the DFR published on May 7, 2018, OSHA provided 30 days for the
public to comment on whether approved information collections would be
affected by this rulemaking. The agency did not receive any comments on
paperwork in response to that notice.
List of Subjects in 29 CFR Part 1910
Beryllium, General industry, Health, Occupational safety and
Authority and Signature
Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this direct final rule.
The agency is issuing this rule under 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 5-2007 (72 FR 31159), and 29 CFR part 1911.
Signed at Washington, DC, on June 27, 2018.
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-14274 Filed 7-2-18; 8:45 am]
BILLING CODE 4510-26-P