80 FR 69564 - Worker Safety and Health Program; Technical Amendments
DEPARTMENT OF ENERGY Federal Register Volume 80, Issue 217 (November 10, 2015)
Federal Register Volume 80, Issue 217 (November 10, 2015)
| Page Range | 69564-69567 | |
| FR Document | 2015-28575 |
[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)] [Rules and Regulations] [Pages 69564-69567] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28575] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY 10 CFR Part 851 RIN 1992-AA50 Worker Safety and Health Program; Technical Amendments AGENCY: Office of Environment, Health, Safety and Security, U.S. Department of Energy. ACTION: Final rule; technical amendment. ----------------------------------------------------------------------- SUMMARY: The Department of Energy (DOE) is amending the worker safety and health program rule to clarify references in the regulation to the Occupational Safety and Health Administration's permissible exposure limit for beryllium and updating references to organizations and documents. The regulatory amendments do not alter substantive rights or obligations under current law. DATES: This rule is effective on November 10, 2015. FOR FURTHER INFORMATION CONTACT: Jacqueline D. Rogers, U.S. Department of Energy, Office of Environment, Health, Safety and Security, Mailstop AU-11, 1000 Independence Ave. SW., Washington, DC 20585, telephone: (202) 586-4714, or Email: [email protected]. SUPPLEMENTARY INFORMATION: I. Introduction In 2006, when DOE promulgated 10 CFR part 851, ``Worker Safety and Health Program,'' it adopted the Occupational Safety and Health Administration's (OSHA) permissible exposure limit (PEL) for beryllium in 29 CFR 1910.1000, ``Air Contaminants.'' Section 851.23(a)(1) of part 851 also requires DOE contractors to comply with the requirements in 10 CFR part 850, ``Chronic Beryllium Disease Prevention Program.'' OSHA has published in the Federal Register a notice that proposes a new comprehensive health standard for beryllium in 29 CFR part 1910, ``Subpart Z Toxic and Hazardous Substances,'' which will include a new PEL and ancillary provisions. Currently, OSHA only regulates beryllium through a PEL. DOE's regulation ``Worker Safety and Health Program'' at 10 CFR 851.23(a)(3) requires DOE contractors among other things to comply with OSHA's PEL for beryllium. To date, OSHA has not established any ancillary requirements for the regulation of beryllium exposure. Consequently, there are currently no conflicts between the requirement in 10 CFR part 851 to comply with OSHA's [[Page 69565]] regulation, including OSHA's PEL, and the remaining requirements of 10 CFR parts 850 and 851. However, should OSHA adopt a comprehensive standard for beryllium, as OSHA recently proposed in the Federal Register, there may be confusion among DOE and DOE contractors regarding which standard would apply at DOE sites. The technical amendment clarifies that it is DOE's intent to only apply OSHA's PEL for beryllium, and that DOE and DOE contractors would not be subject to any other beryllium-specific OSHA requirements, including the ancillary provisions OSHA has recently proposed to add to its health standard (e.g., exposure assessment, personal protective clothing and equipment, medical surveillance, medical removal, training, and regulated areas or access control). The Department expects its employees, including contractors to continue to implement the provisions of 10 CFR part 850 at DOE sites. The Department is also making technical amendments to 10 CFR part 851, Appendix A, Section 7, ``Biological Safety,'' to avoid confusion within the DOE community regarding the correct terminology, the identity of the agency responsible for biohazards, and the correct forms to use for select agents. This final rule has been approved by the Secretary of Energy. II. Procedural Requirements A. Review Under Executive Order 12866 This regulatory action has been determined not to be ``a significant regulatory action'' under Executive Order 12866, ``Regulatory Planning and Review,'' 58 FR 51735 (October 4, 1993). Accordingly, this action was not subject to review under that Executive Order by the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB). B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, ``Proper Consideration of Small Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published procedures and policies to ensure that the potential impacts of its draft rules on small entities are properly considered during the rulemaking process (68 FR 7990, February 19, 2003), and has made them available on the Office of General Counsel's Web site: http://energy.gov/gc/office-general-counsel. The regulatory amendments in this notice of final rulemaking reflect technical amendments, and clarify DOE's intent to continue to only apply OSHA's PEL for beryllium, and to not apply to DOE and DOE contractors any other beryllium-specific OSHA requirements that may be promulgated in the future. Rights and obligations under 10 CFR part 851 are unaltered and as such, are not subject to the requirement for a general notice of proposed rulemaking under the Administrative Procedure Act (5 U.S.C. 553(a)(2)) (APA). There is no requirement under the APA or any other law that this rule be proposed for public comment. Consequently, this rulemaking is exempt from the requirements of the Regulatory Flexibility Act. C. Review Under the Paperwork Reduction Act This final rule does not impose a collection of information requirement subject to the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). D. Review Under the National Environmental Policy Act DOE has concluded that promulgation of this rule falls into a class of actions that would not individually or cumulatively have a significant impact on the human environment, as determined by DOE's regulations implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Specifically, this rule amends existing regulations without changing the environmental effect of the regulations being amended, and, therefore, is covered under the Categorical Exclusion in paragraph A5 of Appendix A to subpart D, 10 CFR part 1021. Accordingly, neither an environmental assessment nor an environmental impact statement is required. E. Review Under Executive Order 13132 Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10, 1999) imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. The Executive Order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations (65 FR 13735). DOE has examined this rule and has determined that it does not preempt State law and does not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. No further action is required by Executive Order 13132. F. Review Under Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, ``Civil Justice Reform'' (61 FR 4729, February 7, 1996), imposes on Federal agencies the general duty to adhere to the following requirements: (1) Eliminate drafting errors and ambiguity; (2) write regulations to minimize litigation; and (3) provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. Section 3(b)(2) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation: (1) Clearly specifies the preemptive effect, if any, to be given to the regulation; (2) clearly specifies any effect on existing Federal law or regulation; (3) provides a clear legal standard for affected conduct while promoting simplification and burden reduction; (4) specifies the retroactive effect, if any, to be given to the regulation; (5) defines key terms; and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this final rule meets the relevant standards of Executive Order 12988. G. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104- 4) [[Page 69566]] requires each Federal agency to assess the effects of a Federal regulatory action on State, local, and tribal governments, and the private sector. DOE has determined that this regulatory action does not impose a Federal mandate on State, local or tribal governments or on the private sector. H. Review Under the Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. I. Review Under the Treasury and General Government Appropriations Act, 2001 The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed this final rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. J. Review Under Executive Order 13211 Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22, 2001) requires Federal agencies to prepare and submit to the OIRA, which is part of OMB, a Statement of Energy Effects for any proposed significant energy action. A ``significant energy action'' is defined as any action by an agency that promulgates or is expected to lead to promulgation of a final rule, and that: (1) Is a significant regulatory action under Executive Order 12866, or any successor order; and is likely to have a significant adverse effect on the supply, distribution, or use of energy, or (2) is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. This regulatory action is not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. K. Administrative Procedure Act An agency may find good cause to exempt a rule from the requirement for a notice of proposed rulemaking and the opportunity for public comment under the APA if the requirement is determined to be unnecessary, impracticable, or contrary to the public interest under 5 U.S.C. 533(b)(3)(B). The rule clarifies references in 10 CFR part 851 concerning its adoption of provisions found in 29 CFR part 1910, and updates references to organizations and documents. The first change in this rule is to add ``Occupational Safety and Health Administration beryllium requirements except for any permissible exposure limit for beryllium in 29 CFR 1910.1000'' to the list of exclusions from 10 CFR part 851, found in 10 CFR 851.2. The second change in this rule is the addition of the words ``and 29 CFR 1910.1000, Beryllium'' at the end of 10 CFR 851.23(a)(3). Safety and Health requirements relating to DOE and DOE contractors' employees' exposure to beryllium are and will continue to be covered by 10 CFR part 850, ``Chronic Beryllium Disease Prevention Program.'' The updates of referenced organizations and documents in 10 CFR part 851, Appendix A, Section 7 are strictly technical amendments. Consequently, good cause exists for issuing this amendment as a final rule as notice and comment is unnecessary. L. Congressional Notification As required by 5 U.S.C. 801, DOE will submit to Congress a report regarding the issuance of this final rule prior to the effective date set forth at the outset of this rulemaking. The report will state that it has been determined that the rule is not a ``major rule'' as defined by 5 U.S.C. 801(2). List of Subjects in 10 CFR Part 851 Civil penalty, Federal buildings and facilities, Occupational safety and health, Safety, Reporting and recordkeeping requirements. Issued in Washington, DC, on October 15, 2015. Matthew B. Moury, Associate Under Secretary for Environment, Health, Safety and Security. For the reasons set forth in the preamble, the Department of Energy amends part 851 of chapter III of title 10 of the Code of Federal Regulations as set forth below: PART 851--WORKER SAFETY AND HEALTH PROGRAM 0 1. The authority citation for part 851 continues to read as follows: Authority: 42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42 U.S.C. 5801 et seq.; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq. 0 2. Section 851.2 is amended by adding paragraph (d) to read as follows: Sec. 851.2 Exclusions. * * * * * (d) This part does not require compliance with any Occupational Safety and Health Administration beryllium requirement except for any permissible exposure limit for beryllium in 29 CFR 1910.1000. Sec. 851.23 [Amended] 0 3. Section 851.23 is amended in paragraph (a)(3) by adding at the end of the sentence ``, and 29 CFR 1910.1000, Beryllium''. 0 4. Appendix A, section 7, Biological Safety, is amended: 0 a. In paragraph (a)(1)(i) by adding ``, United States Department of Agriculture Animal and Plant Health Inspection Service (USDA/APHIS)'' in the first sentence, after ``(WHO)''; and 0 b. By revising paragraphs (a)(3) and (4) to read as follows: Appendix A to Part 851--Worker Safety and Health Functional Areas * * * * * 7. * * * (a) * * * (3) Provides for submission to the appropriate Head of DOE Field Element, for review and concurrence before transmittal to the Federal Select Agent Program, each Laboratory Registration/Select Agent Program registration application package (APHIS/CDC Form 1, Application for Registration for Possession, Use, and Transfer of Select Agents and Toxins) requesting registration of (or amendment to a previously approved registration) a laboratory facility for the purpose of possessing, using, or transferring biological select agents and/or toxins. (4) Provides for submission to the appropriate Head of DOE Field Element, a copy of each APHIS/CDC Form 2, Request to Transfer Select Agents and Toxins, upon initial submission of APHIS/CDC Form 2 to a vendor or other supplier requesting or ordering a biological select agent or toxin for transfer, receipt, and handling in the registered facility; and submission to the appropriate Head of DOE Field Element the completed copy of the APHIS/CDC Form 2, documenting final disposition and/or destruction of the select agent or toxin, [[Page 69567]] within 10 days of completion of the APHIS/CDC Form 2. * * * * * [FR Doc. 2015-28575 Filed 11-9-15; 8:45 am] BILLING CODE 6450-01-P
![69564 Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Rules and Regulations
response to each of these notices. OMB Unfunded Mandates Reform Act of DEPARTMENT OF ENERGY
has directed agencies to adopt the 1995 Determination
uniform guidance in part 200 without 10 CFR Part 851
change, except to the extent that an Section 202 of the Unfunded
RIN 1992–AA50
agency can demonstrate that any Mandates Reform Act of 1995
conflicting agency requirements are (Unfunded Mandates Act) (2 U.S.C. Worker Safety and Health Program;
required by statute or regulations, or 1532) requires that covered agencies Technical Amendments
consistent with longstanding practice prepare a budgetary impact statement
and approved by OMB. Finally, OMB before promulgating a rule that includes AGENCY: Office of Environment, Health,
made clear that the requirements in 2 any Federal mandate that may result in Safety and Security, U.S. Department of
CFR part 200, including the audit the expenditure by State, local, and Energy.
requirements in subpart F, will apply, tribal governments, in the aggregate, or ACTION: Final rule; technical
starting on December 26, 2014, which by the private sector, of $100 million or amendment.
gave recipients of all types of financial more in any one year. If a budgetary
assistance advance notice of when the SUMMARY: The Department of Energy
impact statement is required, section (DOE) is amending the worker safety
regulations would become effective. 205 of the Unfunded Mandates Act also
Therefore, under 5 U.S.C. 553(b)(B), and health program rule to clarify
requires covered agencies to identify references in the regulation to the
there is good cause for waiving and consider a reasonable number of
proposed rulemaking as unnecessary. Occupational Safety and Health
regulatory alternatives before Administration’s permissible exposure
Waiver of Delayed Effective Date in promulgating a rule. OMB has limit for beryllium and updating
General determined that the joint interim final references to organizations and
rule will not result in expenditures by documents. The regulatory amendments
Generally, those agencies that are State, local, and tribal governments, or do not alter substantive rights or
subject to the Administrative by the private sector, of $100 million or obligations under current law.
Procedures Act (APA) are required to more in any one year. Accordingly, we DATES: This rule is effective on
delay the effective date of their final
have not prepared a budgetary impact November 10, 2015.
regulations by 30 days after publication,
statement or specifically addressed the FOR FURTHER INFORMATION CONTACT:
as required under 5 U.S.C. 553(d),
unless an exception under subsection regulatory alternatives considered. Jacqueline D. Rogers, U.S. Department
(d) applies. Executive Order 13132 Determination of Energy, Office of Environment,
Health, Safety and Security, Mailstop
Under 5 U.S.C. 553(d), these agencies
OMB determined that the joint AU–11, 1000 Independence Ave. SW.,
may waive the delayed effective date
interim final rule did not have any Washington, DC 20585, telephone: (202)
requirement if they find good cause and
Federalism implications, as required by 586–4714, or Email: jackie.rogers@
explain the basis for the waiver in the
Executive Order 13132. hq.doe.gov.
final rulemaking document or if the
regulations grant or recognize an (Catalog of Federal Domestic Assistance SUPPLEMENTARY INFORMATION:
exemption or relieve a restriction. In the Program Nos. 96.001, Social Security— I. Introduction
present case, there is good cause to Disability Insurance; 96.002, Social
waive the delayed effective date for two Security—Retirement Insurance; 96.004, In 2006, when DOE promulgated 10
reasons. Social Security—Survivors Insurance; CFR part 851, ‘‘Worker Safety and
96.006, Supplemental Security Income; Health Program,’’ it adopted the
First, OMB informed the public on
96.007, Social Security Research and Occupational Safety and Health
December 26, 2013, that agencies would
Demonstration; 96.008, Social Security— Administration’s (OSHA) permissible
be required to adopt the Uniform
Work Incentives Planning and Assistance exposure limit (PEL) for beryllium in 29
Guidance and make it effective by
Programs; 96.009, Social Security State CFR 1910.1000, ‘‘Air Contaminants.’’
December 26, 2014. The public has had
Grants for Work Incentives Assistance to Section 851.23(a)(1) of part 851 also
significant time to prepare for the
Disabled Beneficiaries.) requires DOE contractors to comply
promulgation of these interim final
with the requirements in 10 CFR part
regulations. Carolyn W. Colvin, 850, ‘‘Chronic Beryllium Disease
Second, while these interim final Acting Commissioner of Social Security. Prevention Program.’’
regulations are based on a new, more OSHA has published in the Federal
effective method for establishing For the reasons set forth in the Register a notice that proposes a new
government-wide requirements, the preamble, we are adopting the interim comprehensive health standard for
substance of the regulations are, in most final rule, which was published on beryllium in 29 CFR part 1910, ‘‘Subpart
cases, virtually identical to the December 19, 2014 (available at 79 FR Z Toxic and Hazardous Substances,’’
requirements that exist in current 75871) that amended 2 CFR chapter which will include a new PEL and
agency regulations. In virtually all cases XXIII and, under the authority of 5 ancillary provisions. Currently, OSHA
where the new regulations depart from U.S.C. 301, removed and reserved parts only regulates beryllium through a PEL.
prior OMB guidance to agencies, the 435 and 437 of title 20, chapter III of the DOE’s regulation ‘‘Worker Safety and
new regulations reduce burdens on the Code of Federal Regulations as a final Health Program’’ at 10 CFR 851.23(a)(3)
public, for example, by increasing the rule without any further changes. requires DOE contractors among other
threshold for single audits from things to comply with OSHA’s PEL for
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[FR Doc. 2015–28432 Filed 11–9–15; 8:45 am]
$500,000 to $750,000. beryllium. To date, OSHA has not
BILLING CODE 4191–02–P
Based on these considerations, since established any ancillary requirements
we are subject to the APA, we have for the regulation of beryllium exposure.
determined that there is good cause to Consequently, there are currently no
waive the delayed effective date for this conflicts between the requirement in 10
final rule. CFR part 851 to comply with OSHA’s
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![69566 Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Rules and Regulations
requires each Federal agency to assess and of reasonable alternatives to the of the Code of Federal Regulations as set
the effects of a Federal regulatory action action and their expected benefits on forth below:
on State, local, and tribal governments, energy supply, distribution, and use.
and the private sector. DOE has This regulatory action is not a PART 851—WORKER SAFETY AND
determined that this regulatory action significant energy action. Accordingly, HEALTH PROGRAM
does not impose a Federal mandate on DOE has not prepared a Statement of
State, local or tribal governments or on Energy Effects. ■ 1. The authority citation for part 851
the private sector. continues to read as follows:
K. Administrative Procedure Act
H. Review Under the Treasury and Authority: 42 U.S.C. 2201(i)(3), (p); 42
An agency may find good cause to U.S.C. 2282c; 42 U.S.C. 5801 et seq.; 42
General Government Appropriations exempt a rule from the requirement for
Act, 1999 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.
a notice of proposed rulemaking and the
Section 654 of the Treasury and opportunity for public comment under ■ 2. Section 851.2 is amended by adding
General Government Appropriations the APA if the requirement is paragraph (d) to read as follows:
Act, 1999 (Pub. L. 105–277) requires determined to be unnecessary,
Federal agencies to issue a Family § 851.2 Exclusions.
impracticable, or contrary to the public
Policymaking Assessment for any rule interest under 5 U.S.C. 533(b)(3)(B). The * * * * *
that may affect family well-being. This rule clarifies references in 10 CFR part (d) This part does not require
rule would not have any impact on the 851 concerning its adoption of compliance with any Occupational
autonomy or integrity of the family as provisions found in 29 CFR part 1910, Safety and Health Administration
an institution. Accordingly, DOE has and updates references to organizations beryllium requirement except for any
concluded that it is not necessary to and documents. The first change in this permissible exposure limit for beryllium
prepare a Family Policymaking rule is to add ‘‘Occupational Safety and in 29 CFR 1910.1000.
Assessment. Health Administration beryllium
§ 851.23 [Amended]
I. Review Under the Treasury and requirements except for any permissible
General Government Appropriations exposure limit for beryllium in 29 CFR ■ 3. Section 851.23 is amended in
Act, 2001 1910.1000’’ to the list of exclusions from paragraph (a)(3) by adding at the end of
10 CFR part 851, found in 10 CFR 851.2. the sentence ‘‘, and 29 CFR 1910.1000,
The Treasury and General The second change in this rule is the
Government Appropriations Act, 2001 Beryllium’’.
addition of the words ‘‘and 29 CFR
(44 U.S.C. 3516, note) provides for 1910.1000, Beryllium’’ at the end of 10 ■ 4. Appendix A, section 7, Biological
agencies to review most disseminations CFR 851.23(a)(3). Safety and Health Safety, is amended:
of information to the public under requirements relating to DOE and DOE ■ a. In paragraph (a)(1)(i) by adding ‘‘,
guidelines established by each agency contractors’ employees’ exposure to United States Department of Agriculture
pursuant to general guidelines issued by beryllium are and will continue to be Animal and Plant Health Inspection
OMB. OMB’s guidelines were published covered by 10 CFR part 850, ‘‘Chronic Service (USDA/APHIS)’’ in the first
at 67 FR 8452 (February 22, 2002), and Beryllium Disease Prevention Program.’’ sentence, after ‘‘(WHO)’’; and
DOE’s guidelines were published at 67 The updates of referenced organizations
FR 62446 (October 7, 2002). DOE has ■ b. By revising paragraphs (a)(3) and (4)
and documents in 10 CFR part 851, to read as follows:
reviewed this final rule under the OMB Appendix A, Section 7 are strictly
and DOE guidelines and has concluded technical amendments. Consequently, Appendix A to Part 851—Worker
that it is consistent with applicable good cause exists for issuing this Safety and Health Functional Areas
policies in those guidelines. amendment as a final rule as notice and * * * * *
J. Review Under Executive Order 13211 comment is unnecessary. 7. * * *
Executive Order 13211, ‘‘Actions (a) * * *
L. Congressional Notification (3) Provides for submission to the
Concerning Regulations That appropriate Head of DOE Field Element, for
As required by 5 U.S.C. 801, DOE will
Significantly Affect Energy Supply, review and concurrence before transmittal to
submit to Congress a report regarding
Distribution, or Use,’’ 66 FR 28355 (May the Federal Select Agent Program, each
the issuance of this final rule prior to
22, 2001) requires Federal agencies to Laboratory Registration/Select Agent Program
the effective date set forth at the outset
prepare and submit to the OIRA, which registration application package (APHIS/CDC
of this rulemaking. The report will state Form 1, Application for Registration for
is part of OMB, a Statement of Energy
that it has been determined that the rule Possession, Use, and Transfer of Select
Effects for any proposed significant
is not a ‘‘major rule’’ as defined by 5 Agents and Toxins) requesting registration of
energy action. A ‘‘significant energy
U.S.C. 801(2). (or amendment to a previously approved
action’’ is defined as any action by an
registration) a laboratory facility for the
agency that promulgates or is expected List of Subjects in 10 CFR Part 851 purpose of possessing, using, or transferring
to lead to promulgation of a final rule, Civil penalty, Federal buildings and biological select agents and/or toxins.
and that: (1) Is a significant regulatory facilities, Occupational safety and (4) Provides for submission to the
action under Executive Order 12866, or health, Safety, Reporting and appropriate Head of DOE Field Element, a
any successor order; and is likely to recordkeeping requirements. copy of each APHIS/CDC Form 2, Request to
have a significant adverse effect on the Transfer Select Agents and Toxins, upon
supply, distribution, or use of energy, or Issued in Washington, DC, on October 15, initial submission of APHIS/CDC Form 2 to
2015. a vendor or other supplier requesting or
(2) is designated by the Administrator of
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OIRA as a significant energy action. For Matthew B. Moury, ordering a biological select agent or toxin for
Associate Under Secretary for Environment, transfer, receipt, and handling in the
any proposed significant energy action, registered facility; and submission to the
the agency must give a detailed Health, Safety and Security.
appropriate Head of DOE Field Element the
statement of any adverse effects on For the reasons set forth in the completed copy of the APHIS/CDC Form 2,
energy supply, distribution, or use preamble, the Department of Energy documenting final disposition and/or
should the proposal be implemented, amends part 851 of chapter III of title 10 destruction of the select agent or toxin,
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within 10 days of completion of the APHIS/ design feature. These special conditions impracticable because these procedures
CDC Form 2. contain the additional safety standards would significantly delay issuance of
* * * * * that the Administrator considers the design approval and thus delivery of
[FR Doc. 2015–28575 Filed 11–9–15; 8:45 am] necessary to establish a level of safety the affected airplane.
BILLING CODE 6450–01–P equivalent to that established by the In addition, the substance of these
existing airworthiness standards. special conditions has been subject to
DATES: This action is effective on Boeing the public comment process in prior
BUREAU OF CONSUMER FINANCIAL on November 10, 2015. We must receive instances with no substantive comments
PROTECTION your comments by December 28, 2015 received. The FAA therefore finds that
using any of the following methods: good cause exists for making these
12 CFR Part 1003 • Federal eRegulations Portal: Go to special conditions effective upon
http://www.regulations.gov/and follow publication in the Federal Register.
[Docket No. CFPB–2014–0019]
the online instructions for sending your Comments Invited
RIN 3170–AA10 comments electronically.
• Mail: Send comments to Docket We invite interested people to take
Home Mortgage Disclosure Operations, M–30, U.S. Department of part in this rulemaking by sending
(Regulation C) Transportation (DOT), 1200 New Jersey written comments, data, or views. The
Avenue SE., Room W12–140, West most helpful comments reference a
Correction Building Ground Floor, Washington, specific portion of the special
In rule document 2015–26607 DC, 20590–0001. conditions, explain the reason for any
beginning on page 66128 in the issue of • Hand Delivery or Courier: Take recommended change, and include
Wednesday, October 28, 2015, make the comments to Docket Operations in supporting data.
following corrections: Room W12–140 of the West Building We will consider all comments we
1. On page 66256, in the second Ground Floor at 1200 New Jersey receive by the closing date for
column, in the nineteenth line, ‘‘I. Avenue SE., Washington, DC, between 9 comments. We may change these special
Effective Date’’ should read ‘‘VI. a.m. and 5 p.m., Monday through conditions based on the comments we
Effective Date.’’ Friday, except Federal holidays. receive.
2. On page 66296, in the third • Fax: Fax comments to Docket Background
column, in the fourteenth and fifteenth Operations at 202–493–2251.
Privacy: The FAA will post all On July 5, 2009, The Boeing Company
lines, ‘‘III. Final Regulatory Flexibility
comments it receives, without change, applied for a change to type certificate
Act Analysis’’ should read ‘‘VIII. Final
to http://www.regulations.gov/, no. T00021SE for structure-mounted
Regulatory Flexibility Act Analysis’’.
including any personal information the airbags in the Model 787–9 airplane.
3. On page 66305, in the first column,
commenter provides. Using the search The Model 787–9 airplane, which is a
in the 23rd line, ‘‘IV. Paperwork
function of the docket Web site, anyone derivative of the Model 787 series
Reduction Act’’ should read ‘‘IX.
can find and read the electronic form of currently approved under type
Paperwork Reduction Act’’.
all comments received into any FAA certificate no. T00021SE, has a
[FR Doc. C1–2015–26607 Filed 11–9–15; 8:45 am] maximum passenger capacity of 420
docket, including the name of the
BILLING CODE 1505–01–D
individual sending the comment (or passengers and a maximum takeoff
signing the comment for an association, weight of 557,000 lbs.
business, labor union, etc.). DOT’s Type Certification Basis
DEPARTMENT OF TRANSPORTATION complete Privacy Act Statement can
Under the provisions of Title 14, Code
be found in the Federal Register
Federal Aviation Administration of Federal Regulations (14 CFR) 21.101,
published on April 11, 2000 (65 FR
The Boeing Company must show that
19477–19478), as well as at http://
14 CFR Part 25 the 787–9, as changed, continues to
DocketsInfo.dot.gov/.
meet the applicable provisions of the
[Docket No. FAA–2015–4086; Special Docket: Background documents or
regulations reference listed in type
Conditions No. 25–605–SC] comments received may be read at
certificate no. T00021SE or the
http://www.regulations.gov/ at any time.
Special Conditions: Boeing Model 787– applicable regulations in effect on the
Follow the online instructions for
9 Airplane; Structure-Mounted Airbags date of application for the change,
accessing the docket or go to Docket
except for earlier amendments as agreed
AGENCY: Federal Aviation Operations in Room W12–140 of the
upon by the FAA.
Administration (FAA), DOT. West Building Ground Floor at 1200 The certification basis includes
New Jersey Avenue SE., Washington, certain special conditions, exemptions,
ACTION: Final special conditions; request
DC, between 9 a.m. and 5 p.m., Monday or later amended sections of the
for comments. through Friday, except Federal holidays. applicable part that are not relevant to
SUMMARY: These special conditions are FOR FURTHER INFORMATION CONTACT: Jeff these special conditions.
issued for the Boeing Model 787–9 Gardlin, FAA, Airframe and Cabin If the Administrator finds that the
airplane. This airplane will have a novel Safety Branch, ANM–115, Transport applicable airworthiness regulations
or unusual design feature when Airplane Directorate, Aircraft (i.e., 14 CFR part 25) do not contain
compared to the state of technology Certification Service, 1601 Lind Avenue adequate or appropriate safety standards
envisioned in the airworthiness SW., Renton, Washington 98057–3356;
rmajette on DSK2TPTVN1PROD with RULES
for the Model 787–9 airplane because of
standards for transport-category telephone 425–227–2136; facsimile a novel or unusual design feature,
airplanes. This design feature is airbags 425–227–1232. special conditions are prescribed under
mounted to structure to prevent serious SUPPLEMENTARY INFORMATION: The FAA the provisions of § 21.16.
injury. The applicable airworthiness has determined that notice of, and Special conditions are initially
regulations do not contain adequate or opportunity for prior public comment applicable to the model for which they
appropriate safety standards for this on, these special conditions is are issued. Should the type certificate
VerDate Sep<11>2014 17:21 Nov 09, 2015 Jkt 238001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\10NOR1.SGM 10NOR1](https://thefederalregister.org/doc/80_FR_69781/page/4.svg)
Document Created: 2018-03-01 11:25:01
Document Modified: 2018-03-01 11:25:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; technical amendment. | |
| Dates | This rule is effective on November 10, 2015. | |
| Contact | Jacqueline D. Rogers, U.S. Department of Energy, Office of Environment, Health, Safety and Security, Mailstop AU-11, 1000 Independence Ave. SW., Washington, DC 20585, telephone: (202) 586-4714, or Email: [email protected] | |
| FR Citation | 80 FR 69564 | |
| RIN Number | 1992-AA50 | |
| CFR Associated | Civil Penalty; Federal Buildings and Facilities; Occupational Safety and Health; Safety and Reporting and Recordkeeping Requirements |
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