• Publication Date:
  • Publication Type:
    Proposed Rule
  • Fed Register #:
    82:12318-12319
  • Standard Number:
  • Title:
    Occupational Exposure to Beryllium: Proposed Delay of Effective Date
  [Federal Register Volume 82, Number 40 (Thursday, March 2, 2017)]
  [Proposed Rules]
  [Pages 12318-12319]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2017-04040]


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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: Proposed Delay of Effective
  Date

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

  ACTION: Proposed 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 proposes, following a brief 10-day comment period, to further
  temporarily delay until May 20, 2017 the effective date of the rule
  entitled Occupational Exposure to Beryllium, published in the Federal
  Register on January 9, 2017 (82 FR 2470). The current effective date is
  March 21, 2017. This additional delay will allow OSHA officials the
  opportunity for further review and consideration of the new
  regulations.

  DATES: Written comments must be submitted (postmarked, sent, or
  received) by March 13, 2017.

  ADDRESSES: Written comments. You may submit comments, identified by
  Docket No. OSHA-H005C-2006-0870, by any of the following methods:
      Electronically: You may submit comments and attachments
  electronically at http://www.regulations.gov, which is the Federal e-
  Rulemaking Portal. Follow the instructions on-line for making
  electronic submissions. When uploading multiple attachments into
  Regulations.gov, please number all of your attachments because
  www.regulations.gov will not automatically number the attachments. This
  will be very useful in identifying all attachments in the beryllium
  rule. For example, Attachment 1_title of your document, Attachment 2_
  title of your document, Attachment 3_title of your document, etc.
  Specific instructions on uploading all documents are found in the
  Facts, Answer, Questions portion and the commenter check list on
  Regulations.gov Web page.
      Fax: If your submissions, including attachments, are not longer
  than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
  1648.
      Mail, hand delivery, express mail, messenger, or courier service:
  You may submit your comments to the OSHA Docket Office, Docket No.
  OSHA-H005C-2006-0870, Room N-3653, U.S. Department of Labor, 200
  Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-2350
  (TTY (887) 889-5627). OSHA's Docket Office accepts deliveries (hand
  deliveries, express mail, and messenger/courier service) from 10 a.m.
  to 3 p.m. e.t., weekdays.
      Instructions: All submissions must include the Agency name and the
  docket number for this rulemaking (Docket No. OSHA-H005C-2006-0870).
  All comments, including any personal information you provide, are
  placed in the public docket without change and may be made available
  online at http://www.regulations.gov. Therefore, OSHA cautions you
  about submitting personal information such as Social Security numbers
  and birthdates.
      Docket: To read or download comments and materials submitted in
  response to this Federal Register document, go to Docket No. OSHA-
  H005C-2006-0870 at http://www.regulations.gov, or to the OSHA Docket
  Office at the address above. All comments and submissions are listed in
  the http://www.regulations.gov index; however, some information (e.g.,
  copyrighted material) is not publicly available to read or download
  through that Web site. All comments and submissions are available for
  inspection at the OSHA Docket Office.
      Electronic copies of this Federal Register document are available
  at http://www.regulations.gov. Copies also are available from the OSHA
  Office of Publications, Room N-3101, U.S. Department of Labor, 200
  Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
  1888. This document, as well as news releases and other relevant
  information, is also available at OSHA's Web site at http://www.regulations.gov.

  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 published a final rule entitled
  Occupational Exposure to Beryllium on January 9, 2017 (82 FR 2470). On
  February 1, 2017, OSHA published a document in the Federal Register
  delaying the effective date of this rule from March 10, 2017 until
  March 21, 2017 (82 FR 8901 (February 1, 2017)). OSHA based this
  extension 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)) ("Memorandum"). The Memorandum directed the heads
  of Executive Departments and Agencies to temporarily postpone for sixty
  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 therefore delayed the effective date for the rule
  entitled "Occupational Exposure to Beryllium" to March 21, 2017.
      The Memorandum also directed agencies to consider further delaying
  the effective date for regulations beyond that 60-day period. After
  further review, OSHA has preliminarily determined that it is
  appropriate to further delay the effective date of this rule, for the
  purpose of further reviewing questions of fact, law, and policy raised
  therein. Therefore, in accordance with the Memorandum, OSHA proposes to
  further delay the effective date for the rule entitled "Occupational
  Exposure to Beryllium" to May 20, 2017. The proposed extension of the
  effective date will not affect the compliance dates of the beryllium
  rule.
      OSHA seeks comment by March 13, 2017 on its proposal to extend the
  effective date by 60 days to May 20, 2017.

      Signed at Washington, DC, on February 24, 2017.
  Dorothy Dougherty,
  Deputy Assistant Secretary of Labor for Occupational Safety and Health.
  [FR Doc. 2017-04040 Filed 3-1-17; 8:45 am]
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