[Federal Register: March 17, 2009 (Volume 74, Number 50)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. OSHA-2008-0046]
Occupational Exposure to Diacetyl and Food Flavorings Containing
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Advance Notice of Proposed Rulemaking; withdrawal.
SUMMARY: OSHA is withdrawing its Advance Notice of Proposed Rulemaking
(ANPRM) on Occupational Exposure to Diacetyl and Food Flavorings
Containing Diacetyl in order to facilitate convening a Small Business
Advocacy Review Panel, pursuant to the Small Business Regulatory
Enforcement Fairness Act (SBREFA). Materials submitted prior to this
withdrawal as well as any other information submitted directly to OSHA
after the withdrawal will be put in the public rulemaking docket and
receive equal consideration as a part of the rulemaking record. In
addition, there will be several other opportunities for stakeholders to
provide information and comment during the rulemaking process.
DATES: The ANPRM on Occupational Exposure to Diacetyl and Food
Flavorings Containing Diacetyl, published January 21, 2009 (74 FR
3938), is withdrawn, effective March 17, 2009.
SUPPLEMENTARY INFORMATION: On September 25, 2007, OSHA announced its
intent to initiate rulemaking to address concerns regarding diacetyl
exposure in the workplace pursuant to Section 6(b) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 651, 655). The Agency hosted a
stakeholder meeting on October 17, 2007, as part of its process to
gather information for the rulemaking. The meeting addressed not only
specific OSHA information requests, but also identified stakeholder
concerns associated with developing a standard addressing occupational
exposure to diacetyl and food flavorings containing diacetyl. OSHA also
announced its intent to convene a Small Business Advocacy Review (SBAR)
Panel, pursuant to the SBREFA, in the Department of Labor's Semiannual
Regulatory Agenda (73 FR 71396, 71399, 11/24/2008). The SBREFA requires
that, prior to publication of any proposed rule that has a significant
economic impact on a substantial number of small entities, OSHA convene
a SBAR Panel to determine the impacts of such a rule on small
businesses and the ways those impacts can be reduced, consistent with
the Agency's statutory requirements.
On January 21, 2009, OSHA published an ANPRM (74 FR 3938). The
ANPRM sought information and comment on issues related to occupational
exposure to diacetyl and food flavorings containing diacetyl, including
current employee exposures; the relationship between exposure and the
development of adverse health effects; methods to evaluate, monitor,
and control exposure; and related topics.
OSHA is withdrawing the ANPRM in order to promptly convene a SBAR
panel. Responses to the questions raised in the ANPRM, however, are
still of interest to OSHA. Thus, such responses submitted prior to this
withdrawal as well as any other information submitted directly to OSHA
after this withdrawal will be included in the public rulemaking docket
and receive equal consideration as a part of the overall rulemaking
record. In addition, relevant materials received before the SBAR panel
is formally convened will be considered as part of the SBREFA review
process. For consideration in the SBREFA review, OSHA requests that
such information be submitted within 10 business days of this notice.
Commenters should be aware that upon withdrawal of this ANPRM they will
no longer be able to use the http://www.regulations.gov portal for
submitting comments. Information submitted informally to the Agency
after withdrawal of this ANPRM should be sent to OSHA's Docket Office
at the address/fax number indicated below. OSHA believes that
withdrawing the ANPRM will not hinder the ability of the Agency to
obtain information or limit stakeholders from providing information and
comment during this rulemaking. OSHA recognizes the importance of
gathering information and comment during the development of rules and
stakeholders still have several avenues to provide input during the
rulemaking process even though the ANPRM is being withdrawn.
For example, during the SBREFA process, small entity
representatives (SERs) will review and comment on a draft proposed
standard, alternatives to the draft proposal, and preliminary analyses
of costs, benefits, and impacts of the draft proposal. At the same time
OSHA provides these documents to the SERs, the Agency will include the
documents in the public docket of this rulemaking (Docket No. OSHA-
2008-0046), which is available for stakeholders to view and download.
OSHA will hold meetings (open to the public) with the SERs to gather
their input and will put their written comments in the public docket.
Finally, OSHA will put the final SBAR Panel report in the public docket
at the conclusion of the process. Throughout this process, interested
parties who are not directly participating in the SBREFA process may
nevertheless enter comments into the public docket for this rulemaking.
Such comments will be considered by OSHA as part of the rulemaking. In
addition, OSHA will formally request public comment when the Agency
publishes a proposed rule in the Federal Register, and will hold public
hearings at which stakeholders will be provided a further opportunity
to provide additional information, make suggestions, and raise issues.
OSHA also intends to conduct expert peer reviews of the preliminary
risk and feasibility assessments and will put the relevant documents in
the public docket when a rule is proposed and open for public comment.
In addition, OSHA has conducted and is continuing to conduct site
visits at workplaces where exposures to diacetyl and food flavorings
containing diacetyl may occur to collect information on processes
utilizing diacetyl and the controls used to prevent or minimize
FOR FURTHER INFORMATION CONTACT:
Press Inquiries: Jennifer Ashley, OSHA, Office of Communications,
Room N-3647, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone: 202-693-1999.
General and Technical Information: David O'Connor, OSHA,
Directorate of Standards and Guidance, Office of Chemical Hazards--Non-
Metals, Room N-3718, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone 202-693-2090.
Submission of Information and Comment: OSHA Docket Office, Room N-
2625, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210 (reference Docket No. OSHA-2008-0046); telephone
202-693-2350 or David O'Connor, OSHA, Directorate of Standards and
Guidance, Office of Chemical Hazards--Non-Metals, Room N-3718, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone 202-693-2090. If your comments, including attachments
do not exceed 10 pages, you may fax them to the OSHA Docket Office at
Authority and Signature
This document was prepared under the direction of Donald G.
Shalhoub, Deputy Assistant Secretary of Labor for Occupational Safety
and Health, U.S. Department of Labor. It is issued pursuant to section
4, 6, and 8 of the Occupational Safety and Health Act of 1970 and
Secretary of Labor's Order No. 5-2007 (72 FR 31160).
Signed at Washington, DC, this 11th day of March 2009.
Donald G. Shalhoub,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-5689 Filed 3-16-09; 8:45 am]
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