COVID-19 Vaccination and Testing; Emergency Temporary Standard, 3928-3929 [2022-01532]

Download as PDF 3928 § 39.13 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 2022–03–07 Stemme AG: Amendment 39– 21924; Docket No. FAA–2021–1010; Project Identifier MCAI–2020–00807–G. (a) Effective Date This airworthiness directive (AD) is effective March 2, 2022. (b) Affected ADs None. (c) Applicability This AD applies to Stemme AG TSA–M Model S6 and S6–RT gliders, all serial numbers, certificated in any category, with a propeller gearbox tooth belt marked ‘‘Synchroforce Carbon’’ installed. (d) Subject Joint Aircraft System Component (JASC) Code 6100, Propeller System. khammond on DSKJM1Z7X2PROD with RULES (g) Required Actions Before the propeller gearbox tooth belt accumulates 5 years since installation on a glider or within 30 days after the effective date of this AD, whichever occurs later, and thereafter at intervals not to exceed 5 years, remove the propeller gearbox tooth belt from service and install a propeller gearbox tooth belt with zero hours time-in-service. (h) Alternative Methods of Compliance (AMOCs) (1) The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (i)(1) of this AD and email to: 9-AVS-AIR-730-AMOC@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. Jkt 256001 Issued on January 20, 2022. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. BILLING CODE 4910–13–P (f) Compliance Comply with this AD within the compliance times specified, unless already done. 15:49 Jan 25, 2022 (j) Material Incorporated by Reference None. [FR Doc. 2022–01479 Filed 1–25–22; 8:45 am] (e) Unsafe Condition This AD was prompted by mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as a new version of the propeller gearbox tooth belt with a reduced life limit. The FAA is issuing this AD to prevent a propeller gearbox tooth belt remaining in service beyond its fatigue life. The unsafe condition, if not addressed, could result in failure of the propeller gearbox tooth belt and reduced control of the glider. VerDate Sep<11>2014 (i) Related Information (1) For more information about this AD, contact Jim Rutherford, Aviation Safety Engineer, General Aviation & Rotorcraft Section, International Validation Branch, FAA, 901 Locust, Room 301, Kansas City, MO 64106; phone: (816) 329–4165; email: jim.rutherford@faa.gov. (2) Refer to European Union Aviation Safety Agency (EASA) AD 2020–0140, dated June 23, 2020, for more information. You may examine the EASA AD in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–1010. DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1910 [Docket No. OSHA–2020–0007] RIN 1218–AD42 COVID–19 Vaccination and Testing; Emergency Temporary Standard Occupational Safety and Health Administration (OSHA), Labor. ACTION: Interim final rule; withdrawal. AGENCY: OSHA is withdrawing the November 5, 2021, emergency temporary standard (ETS) which was issued to protect unvaccinated employees of large employers (100 or more employees) from the risk of contracting COVID–19 by strongly encouraging vaccination. DATES: The withdrawal is effective January 26, 2022. ADDRESSES: In accordance with 28 U.S.C. 2112(a), the agency designates Edmund C. Baird, Associate Solicitor of Labor for Occupational Safety and Health, Office of the Solicitor, U.S. Department of Labor, to receive petitions for review of this agency action. Service can be accomplished by email to zzSOL-Covid19-ETS@dol.gov. FOR FURTHER INFORMATION CONTACT: General information and press inquiries: Contact Frank Meilinger, Director, Office of Communications, U.S. Department of Labor; telephone (202) 693–1999; email meilinger.francis2@dol.gov. For technical inquiries: Contact Andrew Levinson, Directorate of SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Standards and Guidance, U.S. Department of Labor; telephone (202) 693–1950. SUPPLEMENTARY INFORMATION: I. Background and Rationale for Withdrawal On November 5, 2021, OSHA adopted an emergency temporary standard (the Vaccination and Testing ETS), under sections 4, 6(c), and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655(c), 657), to protect unvaccinated employees of large employers (100 or more employees) from the risk of contracting COVID–19 by strongly encouraging vaccination (86 FR 61402). The Vaccination and Testing ETS required covered employers to develop, implement, and enforce a mandatory COVID–19 vaccination policy, with an exception for employers that instead adopted a policy requiring employees to either get vaccinated or elect to undergo regular COVID–19 testing and wear a face covering at work in lieu of vaccination. That ETS also serves as a ‘‘proposed rule’’ for a ‘‘proceeding’’ to promulgate an occupational safety or health standard. 29 U.S.C. 655(c)(3); see 29 U.S.C. 655(b). On January 13, 2022, the U.S. Supreme Court stayed the Vaccination and Testing ETS, finding that challengers were likely to prevail on their claims. Nat’l Fed’n of Indep. Bus. v. Dep’t of Labor, 595 U.S. __, __(2022) (per curium) (slip op. at 5, 9). After evaluating the Court’s decision, OSHA is withdrawing the Vaccination and Testing ETS as an enforceable emergency temporary standard. To the extent that this withdrawal is not already generally exempt from the notice and comment requirements of the Administrative Procedure Act and the OSH Act, OSHA finds good cause that the opportunity for public comment on this withdrawal is impracticable, unnecessary, and contrary to the public interest within the meaning of 5 U.S.C. 553(b)(B), and 29 U.S.C. 655(b) because it would unnecessarily delay the resolution of ambiguity for employers and workers alike. This agency action becomes effective immediately both because there is good cause and because the action removes a requirement on the regulated community. 5 U.S.C. 553(d)(1), (3). Although OSHA is withdrawing the Vaccination and Testing ETS as an enforceable emergency temporary standard, OSHA is not withdrawing the ETS to the extent that it serves as a proposed rule under section 6(c)(3) of the Act, and this action does not affect the ETS’s status as a proposal under section 6(b) of the Act or otherwise E:\FR\FM\26JAR1.SGM 26JAR1 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations affect the status of the notice-andcomment rulemaking commenced by the Vaccination and Testing ETS. See 29 U.S.C. 655(c)(3). Notwithstanding the withdrawal of the Vaccination and Testing ETS, OSHA continues to strongly encourage the vaccination of workers against the continuing dangers posed by COVID–19 in the workplace. khammond on DSKJM1Z7X2PROD with RULES II. Minor Revisions to § 1910.504 and § 1910.509 OSHA has removed the reference to § 1910.501 from the introductory text of the Mini Respiratory Protection requirements in § 1910.504 because the former section is now removed. The Mini Respiratory Protection Program section is retained, however, because it remains a requirement for respirator use under § 1910.502(f)(4). Similarly, OSHA has revised the incorporation-byreference list in § 1910.509 by removing the reference to § 1910.501(h) from § 1910.509(b)(5), as the incorporation by reference list now pertains only to documents incorporated by reference in § 1910.502. Because these minor revisions do not make any substantive change to the duties of employers, OSHA finds good cause that the opportunity for public comment on these revisions is unnecessary within the meaning of 5 U.S.C. 553(b)(B) and 29 U.S.C. 655(b). In addition, OSHA finds that public comment is impracticable in light of the need to provide clarity to the regulated community and to workers. III. State Plans The occupational safety and health programs run by the 28 States and U.S. territories with their own OSHAapproved occupational safety and health plans (State Plans) must be at least as effective as Federal OSHA’s program. This includes a requirement that, when Federal OSHA makes a program change that renders its program more effective, the State Plan must timely adopt a corresponding change in order to maintain a safety and health program that is at least as effective as Federal OSHA (29 CFR 1902.32(e); 29 CFR 1902.44(a)). However, where, as here, the Federal program change does not impose any new requirements or otherwise render the Federal program more effective, State Plans are not required to take any action. List of Subjects in 29 CFR Part 1910 COVID–19, Disease, Health facilities, Health, Healthcare, Incorporation by reference, Occupational health and safety, Public health, Reporting and recordkeeping requirements, VerDate Sep<11>2014 15:49 Jan 25, 2022 Jkt 256001 3929 Respirators, SARS–CoV–2, Vaccines, Viruses. ENVIRONMENTAL PROTECTION AGENCY Authority and Signature 40 CFR Part 52 Douglas L. Parker, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210, authorized the preparation of this document pursuant to the following authorities: Sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor’s Order 8–2020 (85 FR 58393 (Sept. 18, 2020)); 29 CFR part 1911; and 5 U.S.C. 553. [EPA–R03–OAR–2021–0531; FRL–9289–02– R3] Signed at Washington, DC, on January 21, 2022. Douglas L. Parker, Assistant Secretary of Labor for Occupational Safety and Health. For the reasons set forth in the preamble, part 1910 of title 29 of the Code of Federal Regulations is amended as follows: PART 1910—OCCUPATIONAL SAFETY AND HEALTH STANDARDS Subpart U—COVID–19 1. The authority citation for subpart U continues to read as follows: ■ Authority: 29 U.S.C. 653, 655, and 657; Secretary of Labor’s Order No. 8–2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C. 553. § 1910.501 ■ [Removed and Reserved] 2. Remove and reserve § 1910.501 3. Amend § 1910.504 by revising paragraph (a) to read as follows: ■ § 1910.504 Program. Mini Respiratory Protection (a) Scope and application. This section applies only to respirator use in accordance with § 1910.502(f)(4). * * * * * 4. Amend § 1910.509 by revising paragraph (b)(5) to read as follows: ■ § 1910.509 Incorporation by reference. * * * * * (b) * * * (5) Isolation Guidance. COVID–19: Isolation If You Are Sick; Separate yourself from others if you have COVID–19, updated February 18, 2021, IBR approved for § 1910.502(l). * * * * * [FR Doc. 2022–01532 Filed 1–25–22; 8:45 am] BILLING CODE 4510–26–P PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Reasonably Available Control Technology Determinations for Case-by-Case Sources Under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving multiple state implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. These revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for 23 major volatile organic compound (VOC) and/or nitrogen oxide (NOX) emitting facilities pursuant to the Commonwealth of Pennsylvania’s conditionally approved RACT regulations. In this rule action, EPA is approving source-specific (also referred to as case-by-case or CbC) RACT determinations or alternative NOX emissions limits for sources at 23 major NOX and VOC emitting facilities within the Commonwealth submitted by PADEP. These RACT evaluations were submitted to meet RACT requirements for the 1997 and 2008 8-hour ozone national ambient air quality standards (NAAQS). EPA is approving these revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA) and EPA’s implementing regulations. DATES: This final rule is effective on February 25, 2022. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2021–0531. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact SUMMARY: E:\FR\FM\26JAR1.SGM 26JAR1

Agencies

[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Rules and Regulations]
[Pages 3928-3929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01532]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. OSHA-2020-0007]
RIN 1218-AD42


COVID-19 Vaccination and Testing; Emergency Temporary Standard

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

ACTION: Interim final rule; withdrawal.

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SUMMARY: OSHA is withdrawing the November 5, 2021, emergency temporary 
standard (ETS) which was issued to protect unvaccinated employees of 
large employers (100 or more employees) from the risk of contracting 
COVID-19 by strongly encouraging vaccination.

DATES: The withdrawal is effective January 26, 2022.

ADDRESSES: In accordance with 28 U.S.C. 2112(a), the agency designates 
Edmund C. Baird, Associate Solicitor of Labor for Occupational Safety 
and Health, Office of the Solicitor, U.S. Department of Labor, to 
receive petitions for review of this agency action. Service can be 
accomplished by email to [email protected].

FOR FURTHER INFORMATION CONTACT:
    General information and press inquiries: Contact Frank Meilinger, 
Director, Office of Communications, U.S. Department of Labor; telephone 
(202) 693-1999; email [email protected].
    For technical inquiries: Contact Andrew Levinson, Directorate of 
Standards and Guidance, U.S. Department of Labor; telephone (202) 693-
1950.

SUPPLEMENTARY INFORMATION:

I. Background and Rationale for Withdrawal

    On November 5, 2021, OSHA adopted an emergency temporary standard 
(the Vaccination and Testing ETS), under sections 4, 6(c), and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655(c), 
657), to protect unvaccinated employees of large employers (100 or more 
employees) from the risk of contracting COVID-19 by strongly 
encouraging vaccination (86 FR 61402). The Vaccination and Testing ETS 
required covered employers to develop, implement, and enforce a 
mandatory COVID-19 vaccination policy, with an exception for employers 
that instead adopted a policy requiring employees to either get 
vaccinated or elect to undergo regular COVID-19 testing and wear a face 
covering at work in lieu of vaccination. That ETS also serves as a 
``proposed rule'' for a ``proceeding'' to promulgate an occupational 
safety or health standard. 29 U.S.C. 655(c)(3); see 29 U.S.C. 655(b).
    On January 13, 2022, the U.S. Supreme Court stayed the Vaccination 
and Testing ETS, finding that challengers were likely to prevail on 
their claims. Nat'l Fed'n of Indep. Bus. v. Dep't of Labor, 595 U.S. 
__, __(2022) (per curium) (slip op. at 5, 9). After evaluating the 
Court's decision, OSHA is withdrawing the Vaccination and Testing ETS 
as an enforceable emergency temporary standard. To the extent that this 
withdrawal is not already generally exempt from the notice and comment 
requirements of the Administrative Procedure Act and the OSH Act, OSHA 
finds good cause that the opportunity for public comment on this 
withdrawal is impracticable, unnecessary, and contrary to the public 
interest within the meaning of 5 U.S.C. 553(b)(B), and 29 U.S.C. 655(b) 
because it would unnecessarily delay the resolution of ambiguity for 
employers and workers alike. This agency action becomes effective 
immediately both because there is good cause and because the action 
removes a requirement on the regulated community. 5 U.S.C. 553(d)(1), 
(3).
    Although OSHA is withdrawing the Vaccination and Testing ETS as an 
enforceable emergency temporary standard, OSHA is not withdrawing the 
ETS to the extent that it serves as a proposed rule under section 
6(c)(3) of the Act, and this action does not affect the ETS's status as 
a proposal under section 6(b) of the Act or otherwise

[[Page 3929]]

affect the status of the notice-and-comment rulemaking commenced by the 
Vaccination and Testing ETS. See 29 U.S.C. 655(c)(3).
    Notwithstanding the withdrawal of the Vaccination and Testing ETS, 
OSHA continues to strongly encourage the vaccination of workers against 
the continuing dangers posed by COVID-19 in the workplace.

II. Minor Revisions to Sec.  1910.504 and Sec.  1910.509

    OSHA has removed the reference to Sec.  1910.501 from the 
introductory text of the Mini Respiratory Protection requirements in 
Sec.  1910.504 because the former section is now removed. The Mini 
Respiratory Protection Program section is retained, however, because it 
remains a requirement for respirator use under Sec.  1910.502(f)(4). 
Similarly, OSHA has revised the incorporation-by-reference list in 
Sec.  1910.509 by removing the reference to Sec.  1910.501(h) from 
Sec.  1910.509(b)(5), as the incorporation by reference list now 
pertains only to documents incorporated by reference in Sec.  1910.502.
    Because these minor revisions do not make any substantive change to 
the duties of employers, OSHA finds good cause that the opportunity for 
public comment on these revisions is unnecessary within the meaning of 
5 U.S.C. 553(b)(B) and 29 U.S.C. 655(b). In addition, OSHA finds that 
public comment is impracticable in light of the need to provide clarity 
to the regulated community and to workers.

III. State Plans

    The occupational safety and health programs run by the 28 States 
and U.S. territories with their own OSHA-approved occupational safety 
and health plans (State Plans) must be at least as effective as Federal 
OSHA's program. This includes a requirement that, when Federal OSHA 
makes a program change that renders its program more effective, the 
State Plan must timely adopt a corresponding change in order to 
maintain a safety and health program that is at least as effective as 
Federal OSHA (29 CFR 1902.32(e); 29 CFR 1902.44(a)). However, where, as 
here, the Federal program change does not impose any new requirements 
or otherwise render the Federal program more effective, State Plans are 
not required to take any action.

List of Subjects in 29 CFR Part 1910

    COVID-19, Disease, Health facilities, Health, Healthcare, 
Incorporation by reference, Occupational health and safety, Public 
health, Reporting and recordkeeping requirements, Respirators, SARS-
CoV-2, Vaccines, Viruses.

Authority and Signature

    Douglas L. Parker, Assistant Secretary of Labor for Occupational 
Safety and Health, U.S. Department of Labor, 200 Constitution Avenue 
NW, Washington, DC 20210, authorized the preparation of this document 
pursuant to the following authorities: Sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); 
Secretary of Labor's Order 8-2020 (85 FR 58393 (Sept. 18, 2020)); 29 
CFR part 1911; and 5 U.S.C. 553.

    Signed at Washington, DC, on January 21, 2022.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.

    For the reasons set forth in the preamble, part 1910 of title 29 of 
the Code of Federal Regulations is amended as follows:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart U--COVID-19

0
1. The authority citation for subpart U continues to read as follows:

    Authority:  29 U.S.C. 653, 655, and 657; Secretary of Labor's 
Order No. 8-2020 (85 FR 58393); 29 CFR part 1911; and 5 U.S.C. 553.


Sec.  1910.501   [Removed and Reserved]

0
2. Remove and reserve Sec.  1910.501

0
3. Amend Sec.  1910.504 by revising paragraph (a) to read as follows:


Sec.  1910.504   Mini Respiratory Protection Program.

    (a) Scope and application. This section applies only to respirator 
use in accordance with Sec.  1910.502(f)(4).
* * * * *

0
4. Amend Sec.  1910.509 by revising paragraph (b)(5) to read as 
follows:


Sec.  1910.509   Incorporation by reference.

* * * * *
    (b) * * *
    (5) Isolation Guidance. COVID-19: Isolation If You Are Sick; 
Separate yourself from others if you have COVID-19, updated February 
18, 2021, IBR approved for Sec.  1910.502(l).
* * * * *
[FR Doc. 2022-01532 Filed 1-25-22; 8:45 am]
BILLING CODE 4510-26-P
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