Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors; Correction, 11119-11120 [2021-02809]
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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations
P.O. Box 2000, South Hackensack, NJ 07606;
telephone 201–440–6700; internet https://
www.dassaultfalcon.com.
(6) You may view this material at the FAA,
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Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
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in the AD docket on the internet at https://
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locating Docket No. FAA–2020–0980.
(7) You may view this material that is
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Issued on January 29, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–03603 Filed 2–23–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1915 and 1926
RIN 1218–AD29
Occupational Exposure to Beryllium
and Beryllium Compounds in
Construction and Shipyard Sectors;
Correction
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Final rule; correction and
correcting amendment.
AGENCY:
OSHA is making minor
changes to the final rule published on
August 31, 2020, titled Occupational
Exposure to Beryllium and Beryllium
Compounds in Construction and
Shipyard Sectors, to correct inadvertent
errors in the published rule.
DATES: Effective February 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Frank Meilinger,
Director, OSHA Office of
Communications; telephone: (202) 693–
1999; email: meilinger.francis2@dol.gov.
General and technical information:
Maureen Ruskin, Acting Director, OSHA
Directorate of Standards and Guidance;
telephone: (202) 693–1955; email:
ruskin.maureen@dol.gov.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
I. Summary and Explanation
On August 31, 2020, OSHA published
a final rule revising the standards for
occupational exposure to beryllium and
beryllium compounds in the
VerDate Sep<11>2014
16:14 Feb 23, 2021
Jkt 253001
construction and shipyard sectors (85
FR 53910). The document inadvertently
failed to revise paragraph (k)(7)(ii) of
both standards in the Code of Federal
Regulations (CFR), as the final rule
purported to do. The document also
failed to include the correct language for
these revised provisions in two tables in
the Economic Feasibility Analysis and
Regulatory Flexibility Certification
section of the preamble. OSHA is
publishing this document to correct
these errors.
II. Exemption From Notice-andComment Procedures
OSHA has determined that these
corrections are not subject to the
procedures for public notice and
comment specified in Section 4 of the
Administrative Procedures Act (5 U.S.C.
553) or Section 6(b) of the Occupational
Safety and Health Act of 1970 (29 U.S.C.
655(b)). This rulemaking only corrects
minor errors and does not affect or
change any existing rights or
obligations. No stakeholder is likely to
object to these corrections. Therefore,
the agency finds good cause that public
notice and comment are unnecessary
within the meaning of 5 U.S.C.
553(b)(3)(B), 29 U.S.C. 655(b), and 29
CFR 1911.5.
Preamble Corrections
In FR Doc. 2020–18017 appearing on
page 53910 in the Federal Register of
August 31, 2020 (85 FR 53910), make
the following corrections in the
Economic Feasibility Analysis and
Regulatory Flexibility Certification
section of the preamble.
1. On page 53991, in the third
column, in Table VI.1, the sixth
paragraph is corrected to read as
follows:
‘‘Added a new requirement in
paragraph (k)(7)(ii) that the employer
must ensure that, as part of the
evaluation, the employee is offered any
tests deemed appropriate by the
examining physician at the CBD
diagnostic center, such as pulmonary
function testing (as outlined by the
American Thoracic Society criteria),
bronchoalveolar lavage (BAL), and
transbronchial biopsy. If any of the tests
deemed appropriate by the examining
physician are not available at the CBD
diagnostic center, they may be
performed at another location that is
mutually agreed upon by the employer
and the employee.’’
2. On page 53994, in the third
column, in Table VI.2, the first
paragraph is corrected to read as
follows:
‘‘Added a new requirement in
paragraph (k)(7)(ii) that the employer
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
11119
must ensure that, as part of the
evaluation, the employee is offered any
tests deemed appropriate by the
examining physician at the CBD
diagnostic center, such as pulmonary
function testing (as outlined by the
American Thoracic Society criteria),
bronchoalveolar lavage (BAL), and
transbronchial biopsy. If any of the tests
deemed appropriate by the examining
physician are not available at the CBD
diagnostic center, they may be
performed at another location that is
mutually agreed upon by the employer
and the employee.’’
List of Subjects
29 CFR Part 1915
Beryllium, Health, Occupational
Safety and Health, Shipyards.
29 CFR Part 1926
Beryllium, Construction, Health,
Occupational Safety and Health.
Authority and Signature
Amanda L. Edens, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, U.S. Department of
Labor, directed the preparation of this
notice pursuant to 29 U.S.C. 653, 655,
and 657, Secretary of Labor’s Order 8–
2020 (85 FR 58393; Sept. 18, 2020), and
29 CFR part 1911.
Signed at Washington, DC, on February 4,
2021.
Amanda L. Edens
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
For reasons stated in the preamble,
the Occupational Safety and Health
Administration corrects 29 CFR parts
1915 and 1926 with the following
correcting amendments:
PART 1915—OCCUPATIONAL SAFETY
AND HEALTH STANDARDS FOR
SHIPYARD EMPLOYMENT
1. The authority citation for part 1915
continues to read as follows:
■
Authority: 33 U.S.C. 941; 29 U.S.C. 653,
655, 657; Secretary of Labor’s Order No. 12–
71 (36 FR 8754); 8–76 (41 FR 25059), 9–83
(48 FR 35736), 1–90 (55 FR 9033), 6–96 (62
FR 111), 3–2000 (65 FR 50017), 5–2002 (67
FR 65008), 5–2007 (72 FR 31160), 4–2010 (75
FR 55355), or 1–2012 (77 FR 3912); 29 CFR
part 1911; and 5 U.S.C. 553, as applicable.
2. In § 1915.1024, revise paragraph
(k)(7)(ii) to read as follows:
■
§ 1915.1024
*
Beryllium.
*
*
*
*
(k) * * *
(7) * * *
(ii) The employer must ensure that, as
part of the evaluation, the employee is
offered any tests deemed appropriate by
E:\FR\FM\24FER1.SGM
24FER1
11120
Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations
the examining physician at the CBD
diagnostic center, such as pulmonary
function testing (as outlined by the
American Thoracic Society criteria),
bronchoalveolar lavage (BAL), and
transbronchial biopsy. If any of the tests
deemed appropriate by the examining
physician are not available at the CBD
diagnostic center, they may be
performed at another location that is
mutually agreed upon by the employer
and the employee.
*
*
*
*
*
DEPARTMENT OF HOMELAND
SECURITY
PART 1926—SAFETY AND HEALTH
REGULATIONS FOR CONSTRUCTION
SUMMARY:
Subpart Z—Toxic and Hazardous
Substances
3. The authority citation for 29 CFR
part 1926, subpart Z, continues to read
as follows:
■
Authority: 40 U.S.C. 3704; 29 U.S.C. 653,
655, 657; and Secretary of Labor’s Order No.
12–71 (36 FR 8754), 8–76 (41 FR 25059), 9–
83 (48 FR 35736), 1–90 (55 FR 9033), 6–96
(62 FR 111), 3–2000 (65 FR 50017), 5–2002
(67 FR 65008), 5–2007 (72 FR 31160), 4–2010
(75 FR 55355), or 1–2012 (77 FR 3912) as
applicable; and 29 CFR part 1911.
4. In § 1926.1124, revise paragraph
(k)(7)(ii) to read as follows:
■
§ 1926.1124
*
*
*
*
(k) * * *
(7) * * *
(ii) The employer must ensure that, as
part of the evaluation, the employee is
offered any tests deemed appropriate by
the examining physician at the CBD
diagnostic center, such as pulmonary
function testing (as outlined by the
American Thoracic Society criteria),
bronchoalveolar lavage (BAL), and
transbronchial biopsy. If any of the tests
deemed appropriate by the examining
physician are not available at the CBD
diagnostic center, they may be
performed at another location that is
mutually agreed upon by the employer
and the employee.
*
*
*
*
*
[FR Doc. 2021–02809 Filed 2–23–21; 8:45 am]
khammond on DSKJM1Z7X2PROD with RULES
BILLING CODE 4510–26–P
33 CFR Part 165
[Docket Number USCG–2021–0034]
RIN 1625–AA00
Safety Zone; Duluth-Superior Harbor,
Duluth, MN and Superior, WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of Duluth-Superior
Harbor encompassed by a box from
Connor’s Point Marina in Superior, WI
to Rice’s Point in Duluth, MN and
extending 100 yards from four (4) barges
placed across the waterway. This action
is necessary to protect the safety of life
on these navigable waters of DuluthSuperior Harbor near the Blatnik Bridge
for an extreme sports event. This
rulemaking would prohibit persons,
vehicles, and vessels from entering,
transiting, or anchoring in the safety
zone unless authorized by the Captain
of the Port Duluth or a designated
representative.
This rule is effective February
24, 2021 through March 5, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0034 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email LT Abbie
Lyons, Chief, Incident Management
Division, U.S. Coast Guard; telephone
218–725–3818, email Abbie.E.Lyons@
uscg.mil.
DATES:
Beryllium.
*
Coast Guard
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
VerDate Sep<11>2014
16:14 Feb 23, 2021
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PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
temporary rule takes place after the
closure of the Sault Saint Marie Locks
on a frozen waterway with no
anticipated vessel traffic. Further,
delaying the effective date of this rule
would be impracticable because
immediate action is needed to respond
to the potential safety hazards
associated with the events taking place
during Red Bull’s filming of the
snowmachine stunts across the
waterway.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceeding paragraph,
waiting for a 30-day notice period to run
would be impracticable and contrary to
the public interest.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Duluth (COTP) has
determined that this rule is necessary to
protect the safety of people, vessels,
vehicles, and the navigable waters
within the safety zone immediately
before, during, and after the scheduled
event.
IV. Discussion of the Rule
The COTP establishing a safety zone
from 9 a.m. through 4 p.m. daily from
February 25, 2021 through March 5,
2021. The safety zone covers all
navigable waters from Connor’s Point
Marina, along the Blatnik Bridge
(Interstate 535 Bridge) to Rice’s Point
Landing, extending 100 yards on either
side of the barges along the waterway.
The duration of the zone is intended to
protect the safety of persons, vehicles,
vessels, and these navigable waters
immediately before, during, and after
the scheduled event. No vessel, vehicle,
or person would be permitted to enter
the safety zone without obtaining
permission from the COTP or a
designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
E:\FR\FM\24FER1.SGM
24FER1
]]>Agencies
[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Rules and Regulations]
[Pages 11119-11120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02809]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1915 and 1926
RIN 1218-AD29
Occupational Exposure to Beryllium and Beryllium Compounds in
Construction and Shipyard Sectors; Correction
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Final rule; correction and correcting amendment.
-----------------------------------------------------------------------
SUMMARY: OSHA is making minor changes to the final rule published on
August 31, 2020, titled Occupational Exposure to Beryllium and
Beryllium Compounds in Construction and Shipyard Sectors, to correct
inadvertent errors in the published rule.
DATES: Effective February 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Frank Meilinger, Director, OSHA Office of
Communications; telephone: (202) 693-1999; email:
[email protected].
General and technical information: Maureen Ruskin, Acting Director,
OSHA Directorate of Standards and Guidance; telephone: (202) 693-1955;
email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Summary and Explanation
On August 31, 2020, OSHA published a final rule revising the
standards for occupational exposure to beryllium and beryllium
compounds in the construction and shipyard sectors (85 FR 53910). The
document inadvertently failed to revise paragraph (k)(7)(ii) of both
standards in the Code of Federal Regulations (CFR), as the final rule
purported to do. The document also failed to include the correct
language for these revised provisions in two tables in the Economic
Feasibility Analysis and Regulatory Flexibility Certification section
of the preamble. OSHA is publishing this document to correct these
errors.
II. Exemption From Notice-and-Comment Procedures
OSHA has determined that these corrections are not subject to the
procedures for public notice and comment specified in Section 4 of the
Administrative Procedures Act (5 U.S.C. 553) or Section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). This
rulemaking only corrects minor errors and does not affect or change any
existing rights or obligations. No stakeholder is likely to object to
these corrections. Therefore, the agency finds good cause that public
notice and comment are unnecessary within the meaning of 5 U.S.C.
553(b)(3)(B), 29 U.S.C. 655(b), and 29 CFR 1911.5.
Preamble Corrections
In FR Doc. 2020-18017 appearing on page 53910 in the Federal
Register of August 31, 2020 (85 FR 53910), make the following
corrections in the Economic Feasibility Analysis and Regulatory
Flexibility Certification section of the preamble.
1. On page 53991, in the third column, in Table VI.1, the sixth
paragraph is corrected to read as follows:
``Added a new requirement in paragraph (k)(7)(ii) that the employer
must ensure that, as part of the evaluation, the employee is offered
any tests deemed appropriate by the examining physician at the CBD
diagnostic center, such as pulmonary function testing (as outlined by
the American Thoracic Society criteria), bronchoalveolar lavage (BAL),
and transbronchial biopsy. If any of the tests deemed appropriate by
the examining physician are not available at the CBD diagnostic center,
they may be performed at another location that is mutually agreed upon
by the employer and the employee.''
2. On page 53994, in the third column, in Table VI.2, the first
paragraph is corrected to read as follows:
``Added a new requirement in paragraph (k)(7)(ii) that the employer
must ensure that, as part of the evaluation, the employee is offered
any tests deemed appropriate by the examining physician at the CBD
diagnostic center, such as pulmonary function testing (as outlined by
the American Thoracic Society criteria), bronchoalveolar lavage (BAL),
and transbronchial biopsy. If any of the tests deemed appropriate by
the examining physician are not available at the CBD diagnostic center,
they may be performed at another location that is mutually agreed upon
by the employer and the employee.''
List of Subjects
29 CFR Part 1915
Beryllium, Health, Occupational Safety and Health, Shipyards.
29 CFR Part 1926
Beryllium, Construction, Health, Occupational Safety and Health.
Authority and Signature
Amanda L. Edens, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, directed the
preparation of this notice pursuant to 29 U.S.C. 653, 655, and 657,
Secretary of Labor's Order 8-2020 (85 FR 58393; Sept. 18, 2020), and 29
CFR part 1911.
Signed at Washington, DC, on February 4, 2021.
Amanda L. Edens
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
For reasons stated in the preamble, the Occupational Safety and
Health Administration corrects 29 CFR parts 1915 and 1926 with the
following correcting amendments:
PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT
0
1. The authority citation for part 1915 continues to read as follows:
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754); 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912); 29 CFR part 1911; and 5 U.S.C. 553,
as applicable.
0
2. In Sec. 1915.1024, revise paragraph (k)(7)(ii) to read as follows:
Sec. 1915.1024 Beryllium.
* * * * *
(k) * * *
(7) * * *
(ii) The employer must ensure that, as part of the evaluation, the
employee is offered any tests deemed appropriate by
[[Page 11120]]
the examining physician at the CBD diagnostic center, such as pulmonary
function testing (as outlined by the American Thoracic Society
criteria), bronchoalveolar lavage (BAL), and transbronchial biopsy. If
any of the tests deemed appropriate by the examining physician are not
available at the CBD diagnostic center, they may be performed at
another location that is mutually agreed upon by the employer and the
employee.
* * * * *
PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
Subpart Z--Toxic and Hazardous Substances
0
3. The authority citation for 29 CFR part 1926, subpart Z, continues to
read as follows:
Authority: 40 U.S.C. 3704; 29 U.S.C. 653, 655, 657; and
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-
2010 (75 FR 55355), or 1-2012 (77 FR 3912) as applicable; and 29 CFR
part 1911.
0
4. In Sec. 1926.1124, revise paragraph (k)(7)(ii) to read as follows:
Sec. 1926.1124 Beryllium.
* * * * *
(k) * * *
(7) * * *
(ii) The employer must ensure that, as part of the evaluation, the
employee is offered any tests deemed appropriate by the examining
physician at the CBD diagnostic center, such as pulmonary function
testing (as outlined by the American Thoracic Society criteria),
bronchoalveolar lavage (BAL), and transbronchial biopsy. If any of the
tests deemed appropriate by the examining physician are not available
at the CBD diagnostic center, they may be performed at another location
that is mutually agreed upon by the employer and the employee.
* * * * *
[FR Doc. 2021-02809 Filed 2-23-21; 8:45 am]
BILLING CODE 4510-26-P
