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Federal Registers - Table of Contents
• Publication Date: 03/21/2017
• Publication Type: Final Rule
• Fed Register #: 82:14439
• Standard Number: 1910; 1915; 1926
• Title: Occupational Exposure to Beryllium; Further Delay of Effective Date


  [Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
  [Rules and Regulations]
  [Page 14439]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2017-05569]


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  DEPARTMENT OF LABOR

  Occupational Safety and Health Administration

  29 CFR Parts 1910, 1915, and 1926

  [Docket No. OSHA-H005C-2006-0870]
  RIN 1218-AB76


  Occupational Exposure to Beryllium; Further Delay of Effective
  Date

  AGENCY: Occupational Safety and Health Administration, Department of
  Labor.

  ACTION: Final rule; further delay of effective date.

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  SUMMARY: On January 9, 2017, the Occupational Safety and Health
  Administration (OSHA) published a rule entitled "Occupational Exposure
  to Beryllium" with an effective date of March 10, 2017 ("Beryllium
  Final Rule"). OSHA subsequently delayed the effective date of the
  Beryllium Final Rule to March 21, 2017 (February 1, 2017) and proposed
  to further delay the effective date to May 20, 2017 (March 2, 2017).
  This action finalizes that proposal. The additional time will allow
  OSHA the opportunity for further review of the new Beryllium Final
  Rule, including review of concerns that commenters raised, and is
  consistent with the memorandum of January 20, 2017, from the Assistant
  to the President and Chief of Staff, entitled "Regulatory Freeze
  Pending Review."

  DATES: As of March 21, 2017, the effective date of the final rule
  amending 29 CFR parts 1910, 1915, and 1926 that published in the
  Federal Register of January 9, 2017 at 82 FR 2470, delayed at 82 FR
  8901 on February 1, 2017, is further delayed to May 20, 2017.

  ADDRESSES: In accordance with 28 U.S.C. 2112(a), the Agency designates
  Ann Rosenthal, Associate Solicitor of Labor for Occupational Safety and
  Health, Office of the Solicitor of Labor, Room S-4004, U.S. Department
  of Labor, 200 Constitution Avenue NW., Washington, DC 20210, to receive
  petitions for review of this action.

  FOR FURTHER INFORMATION CONTACT: Frank Meilinger, Director, Office of
  Communications, Room N-3647, OSHA, U.S. Department of Labor, 200
  Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
  1999; email meilinger.francis2@dol.gov.

  SUPPLEMENTARY INFORMATION: OSHA promulgated the Beryllium Final Rule on
  January 9, 2017 with an effective date of March 10, 2017 (82 FR 2470).
  On February 1, 2017, OSHA delayed the effective date of the rule to
  March 21, 2017 (82 FR 8901). OSHA promulgated the extension consistent
  with the memorandum of January 20, 2017, from the Assistant to the
  President and Chief of Staff, entitled "Regulatory Freeze Pending
  Review" (82 FR 8346; January 24, 2017) ("Memorandum"), which
  contemplated temporarily postponing for 60 days the effective dates of
  all regulations that had been published in the Federal Register but had
  not yet taken effect, absent certain inapplicable exceptions.
      In addition, the Memorandum directed agencies to consider further
  delaying the effective date for regulations beyond that 60-day period.
  After further review, OSHA preliminarily determined that it was
  appropriate to further delay the effective date of the Beryllium Final
  Rule, for the purpose of further reviewing questions of fact, law, and
  policy raised therein. Therefore, consistent with the Memorandum, OSHA
  proposed to further delay the effective date of the Beryllium Final
  Rule to May 20, 2017 (82 FR 12318; March 2, 2017). Finalization of the
  proposed delay of the effective date would not affect the compliance
  dates of the Beryllium Final Rule.
      OSHA received twenty-five unique comments on its proposal to extend
  the effective date by 60 days to May 20, 2017. Several commenters
  supported the proposal. (e.g., Document ID 2048; 2049; 2050; 2051.)
  Many of these commenters indicated that they supported the delay
  considering the ongoing transition to a new administration. (See
  Document ID 2058; 2052.) Some commenters supported the proposed
  extension and requested that OSHA further review the impact of the
  standards on entities which would be affected by changes from the
  proposed beryllium rule. (Document ID 2051; 2055; 2068.) Congressman
  Byrne, Chairman of the Subcommittee on Workforce Protections, among
  others, urged OSHA to delay the effective date beyond the proposed 60
  days or even indefinitely and re-propose the Beryllium Final Rule
  (Document ID 2064; 2067), citing concerns with the rule's coverage of
  abrasive blasting operations under the construction and shipyard
  standards. OSHA also received approximately 2,500 comments with nearly
  identical messages, urging the Agency to adopt the proposal and delay
  the effective date, particularly for the construction and shipyards
  standards. (See, e.g., Document ID 2072.) Several commenters opposed
  the proposal and argued in favor of keeping the effective date of March
  21, 2017, stating that the Beryllium Final Rule was long overdue, based
  on sound science, and that all interested parties had the opportunity
  to participate in the rulemaking. (See, e.g., Document ID 2053; 2054;
  2059; 2061; 2062.)
      After carefully reviewing these comments, OSHA believes commenters
  have raised substantive concerns, including about the Beryllium Final
  Rule's treatment of the construction and shipyard industries, as
  suggested by Congressman Byrne. Thus, OSHA has decided to adopt the
  proposal and delay the effective date by an additional 60 days to May
  20, 2017 to further evaluate the Beryllium Final Rule in light of those
  substantive concerns. The Agency has determined that 60 days will
  provide adequate time to review the rule and consider the issues raised
  without hindering protections of workers affected by the rule because
  the delay of the effective date does not alter the Beryllium Final
  Rule's compliance dates.

      Signed at Washington, DC, on March 16, 2017.
  Dorothy Dougherty,
  Deputy Assistant Secretary of Labor for Occupational Safety and Health.
  [FR Doc. 2017-05569 Filed 3-17-17; 8:45 am]
   BILLING CODE 4510-26-P




Federal Registers - Table of Contents

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