82 FR 8901 - Occupational Exposure to Beryllium: Delay of Effective Date

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 82, Issue 20 (February 1, 2017)

Page Range		8901-8901
FR Document		2017-02149

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 temporarily delays until March 21, 2017 the effective date of the rule entitled Occupational Exposure to Beryllium, published in the Federal Register on January 9, 2017 (82 FR 2470), to allow OSHA officials the opportunity for further review and consideration of new regulations.

Federal Register, Volume 82 Issue 20 (Wednesday, February 1, 2017)

[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)]
[Rules and Regulations]
[Page 8901]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02149]


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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: Delay of Effective Date

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

ACTION: Final rule; delay of effective date.

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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 temporarily delays until March 21, 2017 the effective date of 
the rule entitled Occupational Exposure to Beryllium, published in the 
Federal Register on January 9, 2017 (82 FR 2470), to allow OSHA 
officials the opportunity for further review and consideration of new 
regulations.

DATES: This regulation is effective on February 1, 2017. The effective 
date of the regulation entitled Occupational Exposure to Beryllium 
published in the Federal Register on January 9, 2017 (82 FR 2470) is 
delayed to a new effective date of March 21, 2017.

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 bases this action 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)). That 
memorandum directed the heads of Executive Departments and Agencies to 
temporarily postpone for 60 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 is therefore 
delaying the effective date for the rule entitled ``Occupational 
Exposure to Beryllium'' to March 21, 2017.
    The Agency's implementation of this action without opportunity for 
public comment is based on the good cause exception in 5 U.S.C. 
553(b)(B), in that seeking public comment is impracticable, unnecessary 
and contrary to the public interest. The temporary delay in effective 
date until March 21, 2017, will give Agency officials the opportunity 
for review and consideration of new regulations, as required by the 
memorandum of the Assistant to the President and Chief of Staff, dated 
January 20, 2017. Given the imminence of this effective date, seeking 
prior public comment on this temporary delay would have been 
impractical, as well as contrary to the public interest in the orderly 
promulgation and implementation of regulations. In addition, since the 
Occupational Exposure to Beryllium rule would not have taken effect 
until March 10, 2017, as a practical matter the new effective date for 
this regulation would extend by only 11 days the original effective 
date. Thus, the good cause exception in 5 U.S.C. 553(b)(B) applies to 
OSHA's decision to extend the effective date of the beryllium rule 
without first going through notice and comment. This extension of the 
effective date will not impact the compliance dates of the Beryllium 
rule.
    In taking this action, the Agency also invokes the good cause 
exception in 5 U.S.C. 553(d)(3), which allows the action to be 
immediately effective for ``good cause'' rather than subject to the 
requirement in the Administrative Procedure Act (5 U.S.C. 553(d)) that 
a minimum of 30 days is required before a rule may become effective. 
The nature of this action, which is to extend by 11 days a final rule 
that otherwise becomes effective on March 10, 2017, makes it 
unnecessary and impractical to delay the effectiveness of this action 
by 30 days.

    Signed at Washington, DC, on January 26, 2017.
Dorothy Dougherty,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-02149 Filed 1-31-17; 8:45 am]
BILLING CODE 4510-26-P

Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Rules and Regulations 8901

testimony of a current or former NMB Freeze Pending Review,’’ this action would extend by only 11 days the
employee should be addressed to the temporarily delays until March 21, 2017 original effective date. Thus, the good
General Counsel, National Mediation the effective date of the rule entitled cause exception in 5 U.S.C. 553(b)(B)
Board, 1301 K Street NW., Suite 250E, Occupational Exposure to Beryllium, applies to OSHA’s decision to extend
Washington, DC 20005. No other official published in the Federal Register on the effective date of the beryllium rule
or employee of the NMB is authorized January 9, 2017 (82 FR 2470), to allow without first going through notice and
to accept service of a demand or OSHA officials the opportunity for comment. This extension of the effective
subpoena on behalf of the Agency. further review and consideration of new date will not impact the compliance
(b) No current or former employee regulations. dates of the Beryllium rule.
may produce official records or DATES: This regulation is effective on In taking this action, the Agency also
information or provide testimony in February 1, 2017. The effective date of invokes the good cause exception in 5
response to a demand or subpoena the regulation entitled Occupational U.S.C. 553(d)(3), which allows the
unless authorized by the General Exposure to Beryllium published in the action to be immediately effective for
Counsel. Federal Register on January 9, 2017 (82 ‘‘good cause’’ rather than subject to the
(c) The General Counsel may grant an FR 2470) is delayed to a new effective requirement in the Administrative
employee permission to testify or date of March 21, 2017. Procedure Act (5 U.S.C. 553(d)) that a
produce official records or information FOR FURTHER INFORMATION CONTACT: minimum of 30 days is required before
in response to a demand or subpoena. Frank Meilinger, Director, Office of a rule may become effective. The nature
In making this determination, the Communications, Room N–3647, OSHA, of this action, which is to extend by 11
General Counsel shall consider whether: U.S. Department of Labor, 200 days a final rule that otherwise becomes
(1) Release of the requested records or Constitution Avenue NW., Washington, effective on March 10, 2017, makes it
testimony is prohibited under § 1208.5; DC 20210; telephone (202) 693–1999; unnecessary and impractical to delay
(2) The disclosure is appropriate email meilinger.francis2@dol.gov. the effectiveness of this action by 30
under the rules of procedure governing SUPPLEMENTARY INFORMATION: OSHA days.
the case or matter; bases this action on the Presidential Signed at Washington, DC, on January 26,
(3) The requested testimony or directive as expressed in the 2017.
records are privileged under the memorandum of January 20, 2017, from Dorothy Dougherty,
relevant substantive law concerning the Assistant to the President and Chief Deputy Assistant Secretary of Labor for
privilege; of Staff, entitled ‘‘Regulatory Freeze Occupational Safety and Health.
(4) Disclosure would violate a statute Pending Review.’’ (82 FR 8346 (January [FR Doc. 2017–02149 Filed 1–31–17; 8:45 am]
or regulation; 24, 2017)). That memorandum directed BILLING CODE 4510–26–P
(5) Disclosure would reveal trade the heads of Executive Departments and
secrets without the owner’s consent; Agencies to temporarily postpone for 60
and days from the date of the memorandum
(6) Allowing testimony or production NATIONAL ARCHIVES AND RECORDS
the effective dates of all regulations that ADMINISTRATION
of records would be in the best interest had been published in the Federal
of the NMB or the United States. Register but had not yet taken effect. 36 CFR Part 1250
Dated: January 27, 2017. The memorandum also noted certain
exceptions that do not apply here. [FDMS No. NARA–17–0001; Agency No.
Mary Johnson, NARA–2017–019]
General Counsel, National Mediation Board. OSHA is therefore delaying the effective
[FR Doc. 2017–02103 Filed 1–31–17; 8:45 am] date for the rule entitled ‘‘Occupational RIN 3095–AB93
BILLING CODE 7550–01–P
Exposure to Beryllium’’ to March 21,
2017. NARA Records Subject to FOIA
The Agency’s implementation of this
AGENCY: National Archives and Records
action without opportunity for public
DEPARTMENT OF LABOR Administration.
comment is based on the good cause
exception in 5 U.S.C. 553(b)(B), in that ACTION: Direct final rule.
Occupational Safety and Health
seeking public comment is SUMMARY: We are amending our
Administration
impracticable, unnecessary and contrary Freedom of Information Act (FOIA)
to the public interest. The temporary regulations on access to NARA’s
29 CFR Parts 1910, 1915, and 1926
delay in effective date until March 21, archival holdings and our operational
[Docket No. OSHA–H005C–2006–0870] 2017, will give Agency officials the records to make them consistent with
opportunity for review and the FOIA Improvement Act of 2016, and
RIN 1218–AB76 consideration of new regulations, as a few small administrative changes to
required by the memorandum of the remain current. The rule affects
Occupational Exposure to Beryllium:
Assistant to the President and Chief of individuals and organizations that file
Delay of Effective Date
Staff, dated January 20, 2017. Given the FOIA requests for access to NARA
AGENCY: Occupational Safety and Health imminence of this effective date, operational records and archival
Administration (OSHA), Department of seeking prior public comment on this holdings.
Labor. temporary delay would have been
impractical, as well as contrary to the DATES: This rule is effective on March 3,
ACTION: Final rule; delay of effective
pmangrum on DSK3GDR082PROD with RULES

public interest in the orderly 2017 without further notice, unless we
date.
promulgation and implementation of receive adverse written comment by
SUMMARY: In accordance with the regulations. In addition, since the February 21, 2017. If we receive such
Presidential directive as expressed in Occupational Exposure to Beryllium comments, we will withdraw the rule.
the memorandum of January 20, 2017, rule would not have taken effect until FOR FURTHER INFORMATION CONTACT:
from the Assistant to the President and March 10, 2017, as a practical matter the Kimberly Keravuori, by telephone at
Chief of Staff, entitled ‘‘Regulatory new effective date for this regulation 301–837–3151, by email at regulation_

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Document Created: 2017-02-01 00:05:58
Document Modified: 2017-02-01 00:05:58

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; delay of effective date.
Dates		This regulation is effective on February 1, 2017. The effective date of the regulation entitled Occupational Exposure to Beryllium published in the Federal Register on January 9, 2017 (82 FR 2470) is delayed to a new effective date of March 21, 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 8901
RIN Number		1218-AB76
CFR Citation		29 CFR 1910 29 CFR 1915 29 CFR 1926

82 FR 8901 - Occupational Exposure to Beryllium: Delay of Effective Date

DEPARTMENT OF LABOROccupational Safety and Health Administration

Federal Register Volume 82, Issue 20 (February 1, 2017)

DEPARTMENT OF LABOR
Occupational Safety and Health Administration