Occupational Exposure to Beryllium; Further Delay of Effective Date, 14439 [2017-05569]

Download as PDF Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations List of Subjects in 23 CFR Part 490 Bridges, Highway safety, Highways and roads, Incorporation by reference, Reporting and recordkeeping requirements. FOR FURTHER INFORMATION CONTACT: Issued on: March 15, 2017. Walter C. Waidelich, Jr., Acting Deputy Administrator, Federal Highway Administration. [FR Doc. 2017–05518 Filed 3–20–17; 8:45 am] BILLING CODE 4910–22–P 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 Occupational Safety and Health Administration, Department of Labor. ACTION: Final rule; further delay of effective date. AGENCY: 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. pmangrum on DSK4SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 14439 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 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0021] RIN 1625–AA–08 Safety Zone; Cooper River Bridge Run, Cooper River and Town Creek Reaches, Charleston, SC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a safety zone on the waters of the Cooper River and Town Creek Reaches in Charleston, South Carolina SUMMARY: E:\FR\FM\21MRR1.SGM 21MRR1

Agencies

[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