[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)]
  [Rules and Regulations]
  [Page 8901]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2017-02149]


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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: Delay of Effective Date

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

  ACTION: Final rule; delay of effective date.

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  SUMMARY: In accordance with the Presidential directive as expressed in
  the memorandum of January 20, 2017, from the Assistant to the President
  and Chief of Staff, entitled "Regulatory Freeze Pending Review, this
  action temporarily delays until March 21, 2017 the effective date of
  the rule entitled Occupational Exposure to Beryllium, published in the
  Federal Register on January 9, 2017 (82 FR 2470), to allow OSHA
  officials the opportunity for further review and consideration of new
  regulations.

  DATES: This regulation is effective on February 1, 2017. The effective
  date of the regulation entitled Occupational Exposure to Beryllium
  published in the Federal Register on January 9, 2017 (82 FR 2470) is
  delayed to a new effective date of March 21, 2017.

  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 bases this action on the Presidential
  directive as expressed in 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)). That
  memorandum directed the heads of Executive Departments and Agencies to
  temporarily postpone for 60 days from the date of the memorandum the
  effective dates of all regulations that had been published in the
  Federal Register but had not yet taken effect. The memorandum also
  noted certain exceptions that do not apply here. OSHA is therefore
  delaying the effective date for the rule entitled "Occupational
  Exposure to Beryllium" to March 21, 2017.
      The Agency's implementation of this action without opportunity for
  public comment is based on the good cause exception in 5 U.S.C.
  553(b)(B), in that seeking public comment is impracticable, unnecessary
  and contrary to the public interest. The temporary delay in effective
  date until March 21, 2017, will give Agency officials the opportunity
  for review and consideration of new regulations, as required by the
  memorandum of the Assistant to the President and Chief of Staff, dated
  January 20, 2017. Given the imminence of this effective date, seeking
  prior public comment on this temporary delay would have been
  impractical, as well as contrary to the public interest in the orderly
  promulgation and implementation of regulations. In addition, since the
  Occupational Exposure to Beryllium rule would not have taken effect
  until March 10, 2017, as a practical matter the new effective date for
  this regulation would extend by only 11 days the original effective
  date. Thus, the good cause exception in 5 U.S.C. 553(b)(B) applies to
  OSHA's decision to extend the effective date of the beryllium rule
  without first going through notice and comment. This extension of the
  effective date will not impact the compliance dates of the Beryllium
  rule.
      In taking this action, the Agency also invokes the good cause
  exception in 5 U.S.C. 553(d)(3), which allows the action to be
  immediately effective for "good cause" rather than subject to the
  requirement in the Administrative Procedure Act (5 U.S.C. 553(d)) that
  a minimum of 30 days is required before a rule may become effective.
  The nature of this action, which is to extend by 11 days a final rule
  that otherwise becomes effective on March 10, 2017, makes it
  unnecessary and impractical to delay the effectiveness of this action
  by 30 days.

      Signed at Washington, DC, on January 26, 2017.
  Dorothy Dougherty,
  Deputy Assistant Secretary of Labor for Occupational Safety and Health.
  [FR Doc. 2017-02149 Filed 1-31-17; 8:45 am]
  BILLING CODE 4510-26-P