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||Occupational Exposure to Beryllium; Further Delay of Effective Date
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05569]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, and 1926
[Docket No. OSHA-H005C-2006-0870]
Occupational Exposure to Beryllium; Further Delay of Effective
AGENCY: Occupational Safety and Health Administration, Department of
ACTION: Final rule; further delay of effective date.
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
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 firstname.lastname@example.org.
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.
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-05569 Filed 3-17-17; 8:45 am]
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