82 FR 12318 - Occupational Exposure to Beryllium: Proposed Delay of Effective Date
DEPARTMENT OF LABOR
Occupational Safety and Health Administration Federal Register Volume 82, Issue 40 (March 2, 2017)
Occupational Safety and Health Administration
Federal Register Volume 82, Issue 40 (March 2, 2017)
| Page Range | 12318-12319 | |
| FR Document | 2017-04040 |
[Federal Register Volume 82, Number 40 (Thursday, March 2, 2017)] [Proposed Rules] [Pages 12318-12319] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04040] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Parts 1910, 1915, and 1926 [Docket No. OSHA-H005C-2006-0870] RIN 1218-AB76 Occupational Exposure to Beryllium: Proposed Delay of Effective Date AGENCY: Occupational Safety and Health Administration, Department of Labor. ACTION: Proposed delay of effective date. ----------------------------------------------------------------------- SUMMARY: In accordance with the Presidential directive as expressed in the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this action proposes, following a brief 10-day comment period, to further temporarily delay until May 20, 2017 the effective date of the rule entitled Occupational Exposure to Beryllium, published in the Federal Register on January 9, 2017 (82 FR 2470). The current effective date is March 21, 2017. This additional delay will allow OSHA officials the opportunity for further review and consideration of the new regulations. DATES: Written comments must be submitted (postmarked, sent, or received) by March 13, 2017. ADDRESSES: Written comments. You may submit comments, identified by Docket No. OSHA-H005C-2006-0870, by any of the following methods: Electronically: You may submit comments and attachments electronically at http://www.regulations.gov, which is the Federal e- Rulemaking Portal. Follow the instructions on-line for making electronic submissions. When uploading multiple attachments into Regulations.gov, please number all of your attachments because www.Regulations.gov will not automatically number the attachments. This will be very useful in identifying all attachments in the beryllium rule. For example, Attachment 1_title of your document, Attachment 2_ title of your document, Attachment 3_title of your document, etc. Specific instructions on uploading all documents are found in the Facts, Answer, Questions portion and the commenter check list on Regulations.gov Web page. Fax: If your submissions, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at (202) 693- 1648. Mail, hand delivery, express mail, messenger, or courier service: You may submit your comments to the OSHA Docket Office, Docket No. OSHA-H005C-2006-0870, Room N-3653, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-2350 (TTY (887) 889-5627). OSHA's Docket Office accepts deliveries (hand deliveries, express mail, and messenger/courier service) from 10 a.m. to 3 p.m. e.t., weekdays. Instructions: All submissions must include the Agency name and the docket number for this rulemaking (Docket No. OSHA-H005C-2006-0870). All comments, including any personal information you provide, are placed in the public docket without change and may be made available online at http://www.regulations.gov. Therefore, OSHA cautions you about submitting personal information such as Social Security numbers and birthdates. Docket: To read or download comments and materials submitted in response to this Federal Register document, go to Docket No. OSHA- H005C-2006-0870 at http://www.regulations.gov, or to the OSHA Docket Office at the address above. All comments and submissions are listed in the http://www.regulations.gov index; however, some information (e.g., copyrighted material) is not publicly available to read or download through that Web site. All comments and submissions are available for inspection at the OSHA Docket Office. Electronic copies of this Federal Register document are available at http://www.regulations.gov. Copies also are available from the OSHA Office of Publications, Room N-3101, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693- 1888. This document, as well as news releases and other relevant information, is also available at OSHA's Web site at http://www.osha.gov. FOR FURTHER INFORMATION CONTACT: Frank Meilinger, Director, Office of Communications, Room N-3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693- 1999; email [email protected]. SUPPLEMENTARY INFORMATION: OSHA published a final rule entitled Occupational Exposure to Beryllium on January 9, 2017 (82 FR 2470). On February 1, 2017, OSHA published a document in the Federal Register delaying the effective date of this rule from March 10, 2017 until March 21, 2017 (82 FR 8901 (February 1, 2017)). OSHA based this extension on the Presidential directive as expressed in the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review'' (82 FR 8346 (January 24, 2017)) (``Memorandum''). The Memorandum directed the heads of Executive Departments and Agencies to temporarily postpone for sixty days from the date of the memorandum the effective dates of all regulations that had been published in the Federal Register but had not yet taken effect. The Memorandum also noted certain exceptions that do not apply here. OSHA therefore delayed the effective date for the rule entitled ``Occupational Exposure to Beryllium'' to March 21, 2017. The Memorandum also directed agencies to consider further delaying the effective date for regulations beyond that 60-day period. After further review, OSHA has preliminarily determined that it is appropriate to further delay the effective date of this rule, for the purpose of further reviewing questions of fact, law, and policy raised therein. Therefore, in accordance with the Memorandum, OSHA proposes to further delay the effective date for the rule entitled ``Occupational Exposure to Beryllium'' to May 20, 2017. The proposed extension of the effective date will not affect the compliance dates of the beryllium rule. OSHA seeks comment by March 13, 2017 on its proposal to extend the effective date by 60 days to May 20, 2017. [[Page 12319]] Signed at Washington, DC, on February 24, 2017. Dorothy Dougherty, Deputy Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2017-04040 Filed 3-1-17; 8:45 am] BILLING CODE 4510-26-P
![12318 Federal Register / Vol. 82, No. 40 / Thursday, March 2, 2017 / Proposed Rules
Airworthiness Directive 2016–0179, dated electronically at http:// Department of Labor, 200 Constitution
September 12, 2016, for related information. www.regulations.gov, which is the Avenue NW., Washington, DC 20210;
This MCAI may be found in the AD docket Federal e-Rulemaking Portal. Follow the telephone (202) 693–1888. This
on the Internet at http://www.regulations.gov instructions on-line for making
by searching for and locating Docket No. document, as well as news releases and
FAA–2016–9055.
electronic submissions. When other relevant information, is also
(2) For service information identified in uploading multiple attachments into available at OSHA’s Web site at http://
this AD, contact Airbus SAS, Airworthiness Regulations.gov, please number all of www.osha.gov.
Office—EAW, 1 Rond Point Maurice your attachments because
Bellonte, 31707 Blagnac Cedex, France; www.Regulations.gov will not FOR FURTHER INFORMATION CONTACT:
telephone +33 5 61 93 36 96; fax +33 5 61 automatically number the attachments. Frank Meilinger, Director, Office of
93 44 51; email account.airworth-eas@ This will be very useful in identifying Communications, Room N–3647, OSHA,
airbus.com; Internet http://www.airbus.com. all attachments in the beryllium rule. U.S. Department of Labor, 200
You may view this service information at the For example, Attachment 1—title of Constitution Avenue NW., Washington,
FAA, Transport Airplane Directorate, 1601 your document, Attachment 2—title of
Lind Avenue SW., Renton, WA. For
DC 20210; telephone (202) 693–1999;
information on the availability of this
your document, Attachment 3—title of email meilinger.francis2@dol.gov.
material at the FAA, call 425–227–1221. your document, etc. Specific
instructions on uploading all documents SUPPLEMENTARY INFORMATION: OSHA
Issued in Renton, Washington, on February are found in the Facts, Answer, published a final rule entitled
16, 2017. Questions portion and the commenter Occupational Exposure to Beryllium on
Thomas Groves, check list on Regulations.gov Web page. January 9, 2017 (82 FR 2470). On
Acting Manager, Transport Airplane Fax: If your submissions, including February 1, 2017, OSHA published a
Directorate, Aircraft Certification Service. attachments, are not longer than 10 document in the Federal Register
[FR Doc. 2017–03953 Filed 3–1–17; 8:45 am] pages, you may fax them to the OSHA delaying the effective date of this rule
BILLING CODE 4910–13–P
Docket Office at (202) 693–1648. from March 10, 2017 until March 21,
Mail, hand delivery, express mail, 2017 (82 FR 8901 (February 1, 2017)).
messenger, or courier service: You may OSHA based this extension on the
submit your comments to the OSHA Presidential directive as expressed in
DEPARTMENT OF LABOR Docket Office, Docket No. OSHA– the memorandum of January 20, 2017,
Occupational Safety and Health H005C–2006–0870, Room N–3653, U.S. from the Assistant to the President and
Administration Department of Labor, 200 Constitution
Chief of Staff, entitled ‘‘Regulatory
Avenue NW., Washington, DC 20210;
Freeze Pending Review’’ (82 FR 8346
29 CFR Parts 1910, 1915, and 1926 telephone (202) 693–2350 (TTY (887)
889–5627). OSHA’s Docket Office (January 24, 2017)) (‘‘Memorandum’’).
[Docket No. OSHA–H005C–2006–0870] accepts deliveries (hand deliveries, The Memorandum directed the heads of
express mail, and messenger/courier Executive Departments and Agencies to
RIN 1218–AB76 temporarily postpone for sixty days
service) from 10 a.m. to 3 p.m. e.t.,
Occupational Exposure to Beryllium: weekdays. from the date of the memorandum the
Proposed Delay of Effective Date Instructions: All submissions must effective dates of all regulations that had
include the Agency name and the been published in the Federal Register
AGENCY: Occupational Safety and Health docket number for this rulemaking but had not yet taken effect. The
Administration, Department of Labor. (Docket No. OSHA–H005C–2006–0870). Memorandum also noted certain
ACTION: Proposed delay of effective date. All comments, including any personal exceptions that do not apply here.
information you provide, are placed in OSHA therefore delayed the effective
SUMMARY: In accordance with the the public docket without change and
Presidential directive as expressed in date for the rule entitled ‘‘Occupational
may be made available online at http:// Exposure to Beryllium’’ to March 21,
the memorandum of January 20, 2017, www.regulations.gov. Therefore, OSHA
from the Assistant to the President and 2017.
cautions you about submitting personal
Chief of Staff, entitled ‘‘Regulatory information such as Social Security The Memorandum also directed
Freeze Pending Review,’’ this action numbers and birthdates. agencies to consider further delaying the
proposes, following a brief 10-day Docket: To read or download effective date for regulations beyond
comment period, to further temporarily comments and materials submitted in that 60-day period. After further review,
delay until May 20, 2017 the effective response to this Federal Register OSHA has preliminarily determined
date of the rule entitled Occupational document, go to Docket No. OSHA– that it is appropriate to further delay the
Exposure to Beryllium, published in the H005C–2006–0870 at http:// effective date of this rule, for the
Federal Register on January 9, 2017 (82 www.regulations.gov, or to the OSHA purpose of further reviewing questions
FR 2470). The current effective date is Docket Office at the address above. All of fact, law, and policy raised therein.
March 21, 2017. This additional delay comments and submissions are listed in Therefore, in accordance with the
will allow OSHA officials the the http://www.regulations.gov index; Memorandum, OSHA proposes to
opportunity for further review and however, some information (e.g., further delay the effective date for the
consideration of the new regulations. copyrighted material) is not publicly rule entitled ‘‘Occupational Exposure to
DATES: Written comments must be
pmangrum on DSK3GDR082PROD with PROPOSALS
available to read or download through Beryllium’’ to May 20, 2017. The
submitted (postmarked, sent, or that Web site. All comments and proposed extension of the effective date
received) by March 13, 2017. submissions are available for inspection will not affect the compliance dates of
ADDRESSES: Written comments. You may at the OSHA Docket Office. the beryllium rule.
submit comments, identified by Docket Electronic copies of this Federal
No. OSHA–H005C–2006–0870, by any Register document are available at OSHA seeks comment by March 13,
of the following methods: http://www.regulations.gov. Copies also 2017 on its proposal to extend the
Electronically: You may submit are available from the OSHA Office of effective date by 60 days to May 20,
comments and attachments Publications, Room N–3101, U.S. 2017.
VerDate Sep<11>2014 13:51 Mar 01, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1](https://thefederalregister.org/doc/82_FR_12358/page/1.svg)
![Federal Register / Vol. 82, No. 40 / Thursday, March 2, 2017 / Proposed Rules 12319
Signed at Washington, DC, on February 24, of the applicability date, on the A. Background
2017. questions raised in the Presidential On April 8, 2016, the Department of
Dorothy Dougherty, Memorandum, and generally on Labor (Department) published a final
Deputy Assistant Secretary of Labor for questions of law and policy concerning regulation defining who is a ‘‘fiduciary’’
Occupational Safety and Health. the final rule and PTEs. The proposed of an employee benefit plan under
[FR Doc. 2017–04040 Filed 3–1–17; 8:45 am] 60-day delay would be effective on the section 3(21)(A)(ii) of the Employee
BILLING CODE 4510–26–P date of publication of a final rule in the Retirement Income Security Act of 1974
Federal Register. (ERISA or the Act) as a result of giving
DATES: Comments on the proposal to investment advice to a plan or its
DEPARTMENT OF LABOR extend the applicability dates for 60 participants or beneficiaries. The final
Employee Benefits Security days should be submitted to the rule also applies to the definition of a
Department on or before March 17, ‘‘fiduciary’’ of a plan (including an
Administration
2017. Comments regarding the individual retirement account (IRA))
examination described in the under section 4975(e)(3)(B) of the
29 CFR Part 2510
President’s Memorandum, generally and Internal Revenue Code of 1986 (Code).
RIN 1210–AB79 with respect to the specific areas The final rule treats persons who
described below, should be submitted to provide investment advice or
Definition of the Term ‘‘Fiduciary’’; the Department on or before April 17, recommendations for a fee or other
Conflict of Interest Rule—Retirement 2017. compensation with respect to assets of
Investment Advice; Best Interest a plan or IRA as fiduciaries in a wider
Contract Exemption (Prohibited FOR FURTHER INFORMATION CONTACT: array of advice relationships than was
Transaction Exemption 2016–01); Luisa Grillo-Chope, Office of true of the prior regulatory definition
Class Exemption for Principal Regulations and Interpretations, (the 1975 Regulation).1
Transactions in Certain Assets Employee Benefits Security On this same date, the Department
Between Investment Advice Administration (EBSA), (202) 693–8825. published two new administrative class
Fiduciaries and Employee Benefit (Not a toll-free number). exemptions from the prohibited
Plans and IRAs (Prohibited ADDRESSES: You may submit comments, transaction provisions of ERISA (29
Transaction Exemption 2016–02); identified by RIN 1210–AB79, by one of U.S.C. 1106), and the Code (26 U.S.C.
Prohibited Transaction Exemptions the following methods: 4975(c)(1)), as well as amendments to
75–1, 77–4, 80–83, 83–1, 84–24 and 86– Federal eRulemaking Portal: http:// previously granted exemptions. The
128 www.regulations.gov. Follow the exemptions and amendments
instructions for submitting comments. (collectively Prohibited Transaction
AGENCY: Employee Benefits Security
Email: Exemptions or PTEs) would allow,
Administration, Labor.
EBSA.FiduciaryRuleExamination@ subject to appropriate safeguards,
ACTION: Proposed rule; extension of certain broker-dealers, insurance agents
applicability date. dol.gov. Include RIN 1210–AB79 in the
subject line of the message. and others that act as investment advice
SUMMARY: This document proposes to fiduciaries, as defined under the final
Mail: Office of Regulations and rule, to continue to receive a variety of
extend for 60 days the applicability date Interpretations, Employee Benefits
defining who is a ‘‘fiduciary’’ under the forms of compensation that would
Security Administration, Room N–5655, otherwise violate prohibited transaction
Employee Retirement Income Security U.S. Department of Labor, 200
Act (ERISA) and the Internal Revenue rules, triggering excise taxes and civil
Constitution Avenue NW., Washington, liability.
Code of 1986 (Code), and the DC 20210, Attention: Fiduciary Rule
applicability date of related prohibited By Memorandum dated February 3,
Examination. 2017, the President directed the
transaction exemptions including the Instructions: All submissions must
Best Interest Contract Exemption and Department to conduct an examination
include the agency name and Regulatory of the final rule to determine whether
amended prohibited transaction Identification Number (RIN) for this the rule may adversely affect the ability
exemptions (collectively PTEs) to rulemaking. Persons submitting of Americans to gain access to
address questions of law and policy. comments electronically are encouraged retirement information and financial
The final rule, entitled Definition of the to submit only by one electronic method advice. As part of this examination, the
Term ‘‘Fiduciary;’’ Conflict of Interest and not to submit paper copies. Department was directed to prepare an
Rule—Retirement Investment Advice, Comments will be available to the updated economic and legal analysis
was published in the Federal Register public, without charge, online at concerning the likely impact of the final
on April 8, 2016, became effective on www.regulations.gov and www.dol.gov/ rule, which shall consider, among other
June 7, 2016, and has an applicability ebsa and at the Public Disclosure Room, things:
date of April 10, 2017. The PTEs also Employee Benefits Security • Whether the anticipated
have applicability dates of April 10, Administration, U.S. Department of applicability of the final rule has
2017. The President by Memorandum to Labor, Suite N–1513, 200 Constitution harmed or is likely to harm investors
the Secretary of Labor, dated February 3, Avenue NW., Washington, DC 20210. due to a reduction of Americans’ access
2017, directed the Department of Labor to certain retirement savings offerings,
Warning: Do not include any
to examine whether the final fiduciary
pmangrum on DSK3GDR082PROD with PROPOSALS
personally identifiable or confidential retirement product structures,
rule may adversely affect the ability of retirement savings information, or
business information that you do not
Americans to gain access to retirement related financial advice;
want publicly disclosed. Comments are
information and financial advice, and to • Whether the anticipated
public records and are posted on the
prepare an updated economic and legal applicability of the final rule has
Internet as received, and can be
analysis concerning the likely impact of resulted in dislocations or disruptions
retrieved by most internet search
the final rule as part of that
engines.
examination. This document invites 1 The 1975 Regulation was published as a final
comments on the proposed 60-day delay SUPPLEMENTARY INFORMATION: rule at 40 FR 50842 (Oct. 31, 1975).
VerDate Sep<11>2014 13:51 Mar 01, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1](https://thefederalregister.org/doc/82_FR_12358/page/2.svg)
Document Created: 2017-03-02 00:09:33
Document Modified: 2017-03-02 00:09:33
| 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 | Proposed Rules | |
| Action | Proposed delay of effective date. | |
| Dates | Written comments must be submitted (postmarked, sent, or received) by March 13, 2017. | |
| 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 [email protected] | |
| FR Citation | 82 FR 12318 | |
| RIN Number | 1218-AB76 | |
| CFR Citation | 29
CFR
1910 29 CFR 1915 29 CFR 1926 |
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