82 FR 14439 - Occupational Exposure to Beryllium; Further Delay of Effective Date

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 82, Issue 53 (March 21, 2017)

Page Range		14439-14439
FR Document		2017-05569

On January 9, 2017, the Occupational Safety and Health Administration (OSHA) published a rule entitled ``Occupational Exposure to Beryllium'' with an effective date of March 10, 2017 (``Beryllium Final Rule''). OSHA subsequently delayed the effective date of the Beryllium Final Rule to March 21, 2017 (February 1, 2017) and proposed to further delay the effective date to May 20, 2017 (March 2, 2017). This action finalizes that proposal. The additional time will allow OSHA the opportunity for further review of the new Beryllium Final Rule, including review of concerns that commenters raised, and is consistent with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review.''

Federal Register, Volume 82 Issue 53 (Tuesday, March 21, 2017)

[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Page 14439]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05569]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, and 1926

[Docket No. OSHA-H005C-2006-0870]
RIN 1218-AB76


Occupational Exposure to Beryllium; Further Delay of Effective 
Date

AGENCY: Occupational Safety and Health Administration, Department of 
Labor.

ACTION: Final rule; further delay of effective date.

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SUMMARY: On January 9, 2017, the Occupational Safety and Health 
Administration (OSHA) published a rule entitled ``Occupational Exposure 
to Beryllium'' with an effective date of March 10, 2017 (``Beryllium 
Final Rule''). OSHA subsequently delayed the effective date of the 
Beryllium Final Rule to March 21, 2017 (February 1, 2017) and proposed 
to further delay the effective date to May 20, 2017 (March 2, 2017). 
This action finalizes that proposal. The additional time will allow 
OSHA the opportunity for further review of the new Beryllium Final 
Rule, including review of concerns that commenters raised, and is 
consistent with the memorandum of January 20, 2017, from the Assistant 
to the President and Chief of Staff, entitled ``Regulatory Freeze 
Pending Review.''

DATES: As of March 21, 2017, the effective date of the final rule 
amending 29 CFR parts 1910, 1915, and 1926 that published in the 
Federal Register of January 9, 2017 at 82 FR 2470, delayed at 82 FR 
8901 on February 1, 2017, is further delayed to May 20, 2017.

ADDRESSES: In accordance with 28 U.S.C. 2112(a), the Agency designates 
Ann Rosenthal, Associate Solicitor of Labor for Occupational Safety and 
Health, Office of the Solicitor of Labor, Room S-4004, U.S. Department 
of Labor, 200 Constitution Avenue NW., Washington, DC 20210, to receive 
petitions for review of this action.

FOR FURTHER INFORMATION CONTACT: Frank Meilinger, Director, Office of 
Communications, Room N-3647, OSHA, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
1999; email [email protected].

SUPPLEMENTARY INFORMATION: OSHA promulgated the Beryllium Final Rule on 
January 9, 2017 with an effective date of March 10, 2017 (82 FR 2470). 
On February 1, 2017, OSHA delayed the effective date of the rule to 
March 21, 2017 (82 FR 8901). OSHA promulgated the extension consistent 
with the memorandum of January 20, 2017, from the Assistant to the 
President and Chief of Staff, entitled ``Regulatory Freeze Pending 
Review'' (82 FR 8346; January 24, 2017) (``Memorandum''), which 
contemplated temporarily postponing for 60 days the effective dates of 
all regulations that had been published in the Federal Register but had 
not yet taken effect, absent certain inapplicable exceptions.
    In addition, the Memorandum directed agencies to consider further 
delaying the effective date for regulations beyond that 60-day period. 
After further review, OSHA preliminarily determined that it was 
appropriate to further delay the effective date of the Beryllium Final 
Rule, for the purpose of further reviewing questions of fact, law, and 
policy raised therein. Therefore, consistent with the Memorandum, OSHA 
proposed to further delay the effective date of the Beryllium Final 
Rule to May 20, 2017 (82 FR 12318; March 2, 2017). Finalization of the 
proposed delay of the effective date would not affect the compliance 
dates of the Beryllium Final Rule.
    OSHA received twenty-five unique comments on its proposal to extend 
the effective date by 60 days to May 20, 2017. Several commenters 
supported the proposal. (e.g., Document ID 2048; 2049; 2050; 2051.) 
Many of these commenters indicated that they supported the delay 
considering the ongoing transition to a new administration. (See 
Document ID 2058; 2052.) Some commenters supported the proposed 
extension and requested that OSHA further review the impact of the 
standards on entities which would be affected by changes from the 
proposed beryllium rule. (Document ID 2051; 2055; 2068.) Congressman 
Byrne, Chairman of the Subcommittee on Workforce Protections, among 
others, urged OSHA to delay the effective date beyond the proposed 60 
days or even indefinitely and re-propose the Beryllium Final Rule 
(Document ID 2064; 2067), citing concerns with the rule's coverage of 
abrasive blasting operations under the construction and shipyard 
standards. OSHA also received approximately 2,500 comments with nearly 
identical messages, urging the Agency to adopt the proposal and delay 
the effective date, particularly for the construction and shipyards 
standards. (See, e.g., Document ID 2072.) Several commenters opposed 
the proposal and argued in favor of keeping the effective date of March 
21, 2017, stating that the Beryllium Final Rule was long overdue, based 
on sound science, and that all interested parties had the opportunity 
to participate in the rulemaking. (See, e.g., Document ID 2053; 2054; 
2059; 2061; 2062.)
    After carefully reviewing these comments, OSHA believes commenters 
have raised substantive concerns, including about the Beryllium Final 
Rule's treatment of the construction and shipyard industries, as 
suggested by Congressman Byrne. Thus, OSHA has decided to adopt the 
proposal and delay the effective date by an additional 60 days to May 
20, 2017 to further evaluate the Beryllium Final Rule in light of those 
substantive concerns. The Agency has determined that 60 days will 
provide adequate time to review the rule and consider the issues raised 
without hindering protections of workers affected by the rule because 
the delay of the effective date does not alter the Beryllium Final 
Rule's compliance dates.

    Signed at Washington, DC, on March 16, 2017.
Dorothy Dougherty,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-05569 Filed 3-17-17; 8:45 am]
 BILLING CODE 4510-26-P

Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations 14439

List of Subjects in 23 CFR Part 490 FOR FURTHER INFORMATION CONTACT: 2064; 2067), citing concerns with the
Bridges, Highway safety, Highways Frank Meilinger, Director, Office of rule’s coverage of abrasive blasting
and roads, Incorporation by reference, Communications, Room N–3647, OSHA, operations under the construction and
Reporting and recordkeeping U.S. Department of Labor, 200 shipyard standards. OSHA also received
requirements. Constitution Avenue NW., Washington, approximately 2,500 comments with
DC 20210; telephone (202) 693–1999; nearly identical messages, urging the
Issued on: March 15, 2017. email meilinger.francis2@dol.gov. Agency to adopt the proposal and delay
Walter C. Waidelich, Jr., the effective date, particularly for the
SUPPLEMENTARY INFORMATION: OSHA
Acting Deputy Administrator, Federal promulgated the Beryllium Final Rule construction and shipyards standards.
Highway Administration. (See, e.g., Document ID 2072.) Several
on January 9, 2017 with an effective
[FR Doc. 2017–05518 Filed 3–20–17; 8:45 am] date of March 10, 2017 (82 FR 2470). On commenters opposed the proposal and
BILLING CODE 4910–22–P February 1, 2017, OSHA delayed the argued in favor of keeping the effective
effective date of the rule to March 21, date of March 21, 2017, stating that the
2017 (82 FR 8901). OSHA promulgated Beryllium Final Rule was long overdue,
DEPARTMENT OF LABOR the extension consistent with the based on sound science, and that all
memorandum of January 20, 2017, from interested parties had the opportunity to
Occupational Safety and Health the Assistant to the President and Chief participate in the rulemaking. (See, e.g.,
Administration of Staff, entitled ‘‘Regulatory Freeze Document ID 2053; 2054; 2059; 2061;
Pending Review’’ (82 FR 8346; January 2062.)
29 CFR Parts 1910, 1915, and 1926 24, 2017) (‘‘Memorandum’’), which After carefully reviewing these
[Docket No. OSHA–H005C–2006–0870] contemplated temporarily postponing comments, OSHA believes commenters
for 60 days the effective dates of all have raised substantive concerns,
RIN 1218–AB76 including about the Beryllium Final
regulations that had been published in
the Federal Register but had not yet Rule’s treatment of the construction and
Occupational Exposure to Beryllium; shipyard industries, as suggested by
Further Delay of Effective Date taken effect, absent certain inapplicable
exceptions. Congressman Byrne. Thus, OSHA has
AGENCY: Occupational Safety and Health In addition, the Memorandum decided to adopt the proposal and delay
Administration, Department of Labor. directed agencies to consider further the effective date by an additional 60
ACTION: Final rule; further delay of delaying the effective date for days to May 20, 2017 to further evaluate
effective date. regulations beyond that 60-day period. the Beryllium Final Rule in light of
After further review, OSHA those substantive concerns. The Agency
SUMMARY: On January 9, 2017, the preliminarily determined that it was has determined that 60 days will
Occupational Safety and Health appropriate to further delay the effective provide adequate time to review the rule
Administration (OSHA) published a date of the Beryllium Final Rule, for the and consider the issues raised without
rule entitled ‘‘Occupational Exposure to purpose of further reviewing questions hindering protections of workers
Beryllium’’ with an effective date of of fact, law, and policy raised therein. affected by the rule because the delay of
March 10, 2017 (‘‘Beryllium Final Therefore, consistent with the the effective date does not alter the
Rule’’). OSHA subsequently delayed the Memorandum, OSHA proposed to Beryllium Final Rule’s compliance
effective date of the Beryllium Final further delay the effective date of the dates.
Rule to March 21, 2017 (February 1, Beryllium Final Rule to May 20, 2017 Signed at Washington, DC, on March 16,
2017) and proposed to further delay the (82 FR 12318; March 2, 2017). 2017.
effective date to May 20, 2017 (March 2, Finalization of the proposed delay of the Dorothy Dougherty,
2017). This action finalizes that effective date would not affect the Deputy Assistant Secretary of Labor for
proposal. The additional time will allow compliance dates of the Beryllium Final Occupational Safety and Health.
OSHA the opportunity for further Rule. [FR Doc. 2017–05569 Filed 3–17–17; 8:45 am]
review of the new Beryllium Final Rule, OSHA received twenty-five unique BILLING CODE 4510–26–P
including review of concerns that comments on its proposal to extend the
commenters raised, and is consistent effective date by 60 days to May 20,
with the memorandum of January 20, 2017. Several commenters supported
2017, from the Assistant to the President DEPARTMENT OF HOMELAND
the proposal. (e.g., Document ID 2048; SECURITY
and Chief of Staff, entitled ‘‘Regulatory 2049; 2050; 2051.) Many of these
Freeze Pending Review.’’ commenters indicated that they Coast Guard
DATES: As of March 21, 2017, the supported the delay considering the
effective date of the final rule amending ongoing transition to a new 33 CFR Part 165
29 CFR parts 1910, 1915, and 1926 that administration. (See Document ID 2058;
published in the Federal Register of [Docket Number USCG–2017–0021]
2052.) Some commenters supported the
January 9, 2017 at 82 FR 2470, delayed proposed extension and requested that RIN 1625–AA–08
at 82 FR 8901 on February 1, 2017, is OSHA further review the impact of the
further delayed to May 20, 2017. standards on entities which would be Safety Zone; Cooper River Bridge Run,
ADDRESSES: In accordance with 28 affected by changes from the proposed Cooper River and Town Creek
U.S.C. 2112(a), the Agency designates beryllium rule. (Document ID 2051; Reaches, Charleston, SC
pmangrum on DSK4SPTVN1PROD with RULES

Ann Rosenthal, Associate Solicitor of 2055; 2068.) Congressman Byrne, AGENCY: Coast Guard, DHS.
Labor for Occupational Safety and Chairman of the Subcommittee on ACTION: Temporary final rule.
Health, Office of the Solicitor of Labor, Workforce Protections, among others,
Room S–4004, U.S. Department of urged OSHA to delay the effective date SUMMARY: The Coast Guard is
Labor, 200 Constitution Avenue NW., beyond the proposed 60 days or even establishing a safety zone on the waters
Washington, DC 20210, to receive indefinitely and re-propose the of the Cooper River and Town Creek
petitions for review of this action. Beryllium Final Rule (Document ID Reaches in Charleston, South Carolina

VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1

Document Created: 2017-03-21 01:09:53
Document Modified: 2017-03-21 01:09:53

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; further delay of effective date.
Dates		As of March 21, 2017, the effective date of the final rule amending 29 CFR parts 1910, 1915, and 1926 that published in the Federal Register of January 9, 2017 at 82 FR 2470, delayed at 82 FR 8901 on February 1, 2017, is further delayed to May 20, 2017.
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 14439
RIN Number		1218-AB76
CFR Citation		29 CFR 1910 29 CFR 1915 29 CFR 1926

82 FR 14439 - Occupational Exposure to Beryllium; Further Delay of Effective Date

DEPARTMENT OF LABOROccupational Safety and Health Administration

Federal Register Volume 82, Issue 53 (March 21, 2017)

DEPARTMENT OF LABOR
Occupational Safety and Health Administration