83_FR_31173 83 FR 31045 - Revising the Beryllium Standard for General Industry

83 FR 31045 - Revising the Beryllium Standard for General Industry

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 83, Issue 128 (July 3, 2018)

Page Range31045-31046
FR Document2018-14274

OSHA is confirming the effective date of its direct final rule (DFR) adopting a number of clarifying amendments to the beryllium standard for general industry to address the application of the standard to materials containing trace amounts of beryllium. In the May 7, 2018, DFR, OSHA stated that the DFR would become effective on July 6, 2018, unless one or more significant adverse comments were submitted by June 6, 2018. OSHA did not receive significant adverse comments on the DFR, so by this document the agency is confirming that the DFR will become effective on July 6, 2018.

Federal Register, Volume 83 Issue 128 (Tuesday, July 3, 2018) 
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Rules and Regulations]
[Pages 31045-31046]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14274]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. OSHA-2018-0003]
RIN 1218-AB76


Revising the Beryllium Standard for General Industry

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

ACTION: Final rule; confirmation of effective date.

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SUMMARY: OSHA is confirming the effective date of its direct final rule 
(DFR) adopting a number of clarifying amendments to the beryllium 
standard for general industry to address the application of the 
standard to materials containing trace amounts of beryllium. In the May 
7, 2018, DFR, OSHA stated that the DFR would become effective on July 
6, 2018, unless one or more significant adverse comments were submitted 
by June 6, 2018. OSHA did not receive significant adverse comments on 
the DFR, so by this document the agency is confirming that the DFR will 
become effective on July 6, 2018.

DATES: The DFR published on May 7, 2018 (83 FR 19936), becomes 
effective on July 6, 2018. For purposes of judicial review, OSHA 
considers the date of publication of this document as the date of 
promulgation of the DFR.

ADDRESSES: For purposes of 28 U.S.C. 2112(a), OSHA designates the 
Associate Solicitor of Labor for Occupational Safety and Health as the 
recipient of petitions for review of the direct final rule. Contact the 
Associate Solicitor at the Office of the Solicitor, Room S-4004, U.S. 
Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210; 
telephone: (202) 693-5445.

FOR FURTHER INFORMATION CONTACT: 
    Press inquiries: Mr. Frank Meilinger, OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Avenue NW, Washington, DC 20210; telephone: (202) 693-1999; email: 
meilinger.francis2@dol.gov.
    General information and technical inquiries: Mr. William Perry or 
Ms. Maureen Ruskin, Directorate of Standards and Guidance, Room N-3718, 
OSHA, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, 
DC 20210; telephone: (202) 693-1950; fax: (202) 693-1678.
    Copies of this Federal Register document and news releases: 
Electronic copies of these documents are available

[[Page 31046]]

at OSHA's web page at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Confirmation of Effective Date

    On May 7, 2018, OSHA published a DFR in the Federal Register (83 FR 
19936) amending the text of the beryllium standard for general industry 
to clarify OSHA's intent with respect to certain terms in the standard, 
including the definition of Beryllium Work Area (BWA), the definition 
of emergency, and the meaning of the terms dermal contact and beryllium 
contamination. It also clarifies OSHA's intent with respect to 
provisions for disposal and recycling and with respect to provisions 
that the agency intends to apply only where skin can be exposed to 
materials containing at least 0.1% beryllium by weight. Interested 
parties had until June 6, 2018, to submit comments on the DFR.
    The agency stated that it would publish another document confirming 
the effective date of the DFR if it received no significant adverse 
comments. OSHA received seven comments in the record from Materion 
Brush, Inc., Mead Metals Inc., National Association of Manufacturers, 
Airborn, Inc., Edison Electric Institute, and two private citizens 
(Document IDs OSHA-2018-0003-0004 thru OSHA-2018-0003-0010). The seven 
submissions contained comments that were either supportive of the DFR 
or were considered not to be significant adverse comments. (Document 
IDs OSHA-2018-0003-0004 thru OSHA-2018-0003-0010). Three of these 
submissions also contained comments that were outside the scope of the 
DFR and OSHA is not considering the portions of those submissions that 
are outside the scope (OSHA-2018-0003-0004 thru OSHA-2018-0003-0006).
    OSHA has determined this DFR will maintain safety and health 
protections for workers while reducing employers' compliance burdens. 
As the agency did not receive any significant adverse comments, OSHA is 
hereby confirming that the DFR published on May 7, 2018, will become 
effective on July 6, 2018.

II. OMB Review Under the Paperwork Reduction Act of 1995

    This action does not add or change any information collection 
requirements subject to OMB approval under the Paperwork Reduction Act 
of 1995 (PRA), 44 U.S.C. 3501 et seq., and its implementing regulations 
at 5 CFR part 1320. The PRA defines a collection of information as the 
obtaining, causing to be obtained, soliciting, or requiring the 
disclosure to third parties or the public of facts or opinions by or 
for an agency regardless of form or format. See 44 U.S.C. 3502(3)(A). 
While not affected by this rulemaking, the Department has cleared 
information collections related to occupational exposure to beryllium 
standards--general industry, 29 CFR 1910.1024; construction, 29 CFR 
1926.1124; and shipyards, 29 CFR 1915.1024--under control number 1218-
0267. The existing approved information collections are unchanged by 
this rulemaking.
    In the DFR published on May 7, 2018, OSHA provided 30 days for the 
public to comment on whether approved information collections would be 
affected by this rulemaking. The agency did not receive any comments on 
paperwork in response to that notice.

List of Subjects in 29 CFR Part 1910

    Beryllium, General industry, Health, Occupational safety and 
health.

Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational 
Safety and Health, directed the preparation of this direct final rule. 
The agency is issuing this rule under 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 5-2007 (72 FR 31159), and 29 CFR part 1911.

    Signed at Washington, DC, on June 27, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-14274 Filed 7-2-18; 8:45 am]
BILLING CODE 4510-26-P

Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 31045 The Act enacted several legislative harm, rather than help, veterans, it is DEPARTMENT OF LABOR changes, including section 309, that difficult to imagine that Congress were aimed at protecting veterans from intended to cause significant disruption Occupational Safety and Health predatory lending practices in to the Multiclass Securities program Administration connection with refinancing activity beyond what was needed to stop the and preserving the relatively low rates undesirable lending practices on a 29 CFR Part 1910 created by Ginnie Mae guarantees prospective basis. Further, restricting [Docket No. OSHA–2018–0003] without the adverse impact of high the inclusion of existing MBS and prepayment speeds.10 The broader RIN 1218–AB76 previously issued Multiclass Securities purpose of these provisions is to benefit as eligible collateral would not decrease Revising the Beryllium Standard for veterans by providing them with the amount of risk to Ginnie Mae and General Industry affordable housing. Indeed, section 309(b) of the Act is titled ‘‘Protecting the investors since the certificates are already guaranteed. AGENCY: Occupational Safety and Health Veterans from Predatory Lending.’’ This Administration (OSHA), Labor. is also one of the purposes of the Ginnie III. Conclusion ACTION: Final rule; confirmation of Mae Charter, which was amended by effective date. section 309(b) of the Act. For the reasons described above, it is Under settled precedent, Section HUD’s interpretation that as of the SUMMARY: OSHA is confirming the 309(b) of the Act cannot be construed in enactment of the Act, any VA effective date of its direct final rule a way that would frustrate the purposes refinanced mortgage loan that does not (DFR) adopting a number of clarifying of either Section 309 of the Act or the meet the seasoning requirements amendments to the beryllium standard Ginnie Mae Charter. The Supreme Court contained in section 309(b) the Act is for general industry to address the has instructed that courts ‘‘cannot ineligible to serve as collateral for application of the standard to materials interpret federal statutes to negate their Ginnie Mae MBS. Ginnie Mae MBS containing trace amounts of beryllium. own stated purposes.’’ 11 Moreover, a guaranteed before the enactment of the In the May 7, 2018, DFR, OSHA stated statutory provision that may seem that the DFR would become effective on Act, that contain VA refinanced ‘‘ambiguous in isolation is often July 6, 2018, unless one or more mortgage loans that do not meet the clarified by the remainder of the significant adverse comments were statutory scheme . . . because only one seasoning requirements contained in the Act, are unaffected by the Act. For submitted by June 6, 2018. OSHA did of the permissible meanings produces a not receive significant adverse substantive effect that is compatible Multiclass Securities, the Act permits Ginnie Mae to guarantee Multiclass comments on the DFR, so by this with the rest of the law.’’ 12 document the agency is confirming that But to conclude that section 309(b) of Securities even where the trust assets the DFR will become effective on July 6, the Act precludes the guarantee of consist of direct or indirect interest in 2018. Multiclass Securities collateralized by certificates guaranteed by Ginnie Mae DATES: The DFR published on May 7, MBS and Multiclass Securities without regard to whether the previously and lawfully issued by 2018 (83 FR 19936), becomes effective underlying VA mortgage loans are in Ginnie Mae also would frustrate the on July 6, 2018. For purposes of judicial compliance with the seasoning purpose of these statutes. Precluding review, OSHA considers the date of requirements in section 309(b) of the publication of this document as the date existing MBS and Multiclass Act. Securities—where it is now difficult, if of promulgation of the DFR. not practically impossible, to assess IV. Solicitation of Comment ADDRESSES: For purposes of 28 U.S.C. compliance with Section 309(b) of the 2112(a), OSHA designates the Associate This interpretive rule represents Solicitor of Labor for Occupational Act would potentially ‘‘orphan’’ billions of dollars worth of outstanding Ginnie HUD’s interpretation of section 309(b) of Safety and Health as the recipient of Mae securities that were validly the Act and, as such, is exempt from the petitions for review of the direct final guaranteed under prior law. This is notice and comment requirements of the rule. Contact the Associate Solicitor at because they never could be Administrative Procedure Act.13 the Office of the Solicitor, Room S– incorporated into Multiclass Securities Nevertheless, HUD is interested in 4004, U.S. Department of Labor, 200 after the enactment of the Act. This receiving feedback from the public on Constitution Avenue NW, Washington, would frustrate the reasonable this interpretation, specifically with DC 20210; telephone: (202) 693–5445. expectations of Ginnie Mae investors respect to clarity and scope. FOR FURTHER INFORMATION CONTACT: who purchased Ginnie Mae MBS at Dated: June 25, 2018. Press inquiries: Mr. Frank Meilinger, prices that explicitly contemplated their OSHA Office of Communications, Room J. Paul Compton, Jr., ultimate inclusion in Multiclass N–3647, U.S. Department of Labor, 200 Securities. Because these securities General Counsel. Constitution Avenue NW, Washington, would then decrease in value, the end [FR Doc. 2018–14354 Filed 6–29–18; 11:15 am] DC 20210; telephone: (202) 693–1999; result would be increased interest rates BILLING CODE 4210–67–P email: meilinger.francis2@dol.gov. for veterans. Given that this would General information and technical inquiries: Mr. William Perry or Ms. 10 See e.g., section 302 (limits, and establishes a Maureen Ruskin, Directorate of dispute process and verification procedures with Standards and Guidance, Room N–3718, sradovich on DSK3GMQ082PROD with RULES respect to, the inclusion of a veteran’s medical debt in a consumer credit report); section 313 (makes OSHA, U.S. Department of Labor, 200 permanent the one-year grace period during which Constitution Avenue NW, Washington, a servicemember is protected from foreclosure after DC 20210; telephone: (202) 693–1950; leaving military service)). 11 New York State Dept. of Social Servs. v. fax: (202) 693–1678. Dublino, 413 U.S. 405, 419–420 (1973). Copies of this Federal Register 12 United Sav. Assn. of Tex. v. Timbers of Inwood document and news releases: Electronic Forest Associates, Ltd., 484 U.S. 365, 371 (1988). 13 See, 5 U.S.C. 553(b)(3)(A). copies of these documents are available VerDate Sep<11>2014 16:05 Jul 02, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\03JYR1.SGM 03JYR1

31046 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations at OSHA’s web page at http:// of facts or opinions by or for an agency comply with certain provisions of the 72 www.osha.gov. regardless of form or format. See 44 COLREGS without interfering with its SUPPLEMENTARY INFORMATION: U.S.C. 3502(3)(A). While not affected by special function as a naval ship. The this rulemaking, the Department has intended effect of this rule is to warn I. Confirmation of Effective Date cleared information collections related mariners in waters where 72 COLREGS On May 7, 2018, OSHA published a to occupational exposure to beryllium apply. DFR in the Federal Register (83 FR standards—general industry, 29 CFR DATES: This rule is effective July 3, 2018 19936) amending the text of the 1910.1024; construction, 29 CFR and is applicable beginning May 30, beryllium standard for general industry 1926.1124; and shipyards, 29 CFR 2018. to clarify OSHA’s intent with respect to 1915.1024—under control number 1218–0267. The existing approved FOR FURTHER INFORMATION CONTACT: certain terms in the standard, including information collections are unchanged Lieutenant Commander Kyle Fralick, the definition of Beryllium Work Area by this rulemaking. (Admiralty and Maritime Law), Office of (BWA), the definition of emergency, and In the DFR published on May 7, 2018, the Judge Advocate General, Department the meaning of the terms dermal contact OSHA provided 30 days for the public of the Navy, 1322 Patterson Ave. SE, and beryllium contamination. It also to comment on whether approved Suite 3000, Washington Navy Yard, DC clarifies OSHA’s intent with respect to information collections would be 20374–5066, telephone 202–685–5040. provisions for disposal and recycling and with respect to provisions that the affected by this rulemaking. The agency SUPPLEMENTARY INFORMATION: Pursuant agency intends to apply only where skin did not receive any comments on to the authority granted in 33 U.S.C. can be exposed to materials containing paperwork in response to that notice. 1605, the DoN amends 32 CFR part 706. at least 0.1% beryllium by weight. List of Subjects in 29 CFR Part 1910 This amendment provides notice that Interested parties had until June 6, 2018, the DAJAG (Admiralty and Maritime Beryllium, General industry, Health, Law), under authority delegated by the to submit comments on the DFR. Occupational safety and health. Secretary of the Navy, has certified that The agency stated that it would publish another document confirming Authority and Signature USS PAUL IGNATIUS (DDG 117) is a the effective date of the DFR if it vessel of the Navy which, due to its Loren Sweatt, Deputy Assistant received no significant adverse special construction and purpose, Secretary of Labor for Occupational comments. OSHA received seven cannot fully comply with the following Safety and Health, directed the comments in the record from Materion specific provisions of 72 COLREGS preparation of this direct final rule. The Brush, Inc., Mead Metals Inc., National without interfering with its special agency is issuing this rule under Association of Manufacturers, Airborn, function as a naval ship: Annex I, Sections 4, 6, and 8 of the Occupational Inc., Edison Electric Institute, and two paragraph 2(f)(i), pertaining to the Safety and Health Act of 1970 (29 U.S.C. private citizens (Document IDs OSHA– placement of the masthead light or 653, 655, 657), Secretary of Labor’s 2018–0003–0004 thru OSHA–2018– lights above and clear of all other lights Order 5–2007 (72 FR 31159), and 29 0003–0010). The seven submissions and obstructions; Annex I, paragraph CFR part 1911. contained comments that were either 2(f)(ii), pertaining to the vertical supportive of the DFR or were Signed at Washington, DC, on June 27, placement of task lights; Rule 23(a), the 2018. requirement to display a forward and aft considered not to be significant adverse comments. (Document IDs OSHA–2018– Loren Sweatt, masthead light underway, and Annex I, 0003–0004 thru OSHA–2018–0003– Deputy Assistant Secretary of Labor for paragraph 3(a), pertaining to the 0010). Three of these submissions also Occupational Safety and Health. location of the forward masthead light contained comments that were outside [FR Doc. 2018–14274 Filed 7–2–18; 8:45 am] in the forward quarter of the ship, and the scope of the DFR and OSHA is not BILLING CODE 4510–26–P the horizontal distance between the considering the portions of those forward and after masthead lights; and submissions that are outside the scope Annex I, paragraph 3(c), pertaining to (OSHA–2018–0003–0004 thru OSHA– DEPARTMENT OF DEFENSE placement of task lights not less than 2018–0003–0006). two meters from the fore and aft OSHA has determined this DFR will Department of the Navy centerline of the ship in the athwartship maintain safety and health protections direction. The DAJAG (Admiralty and for workers while reducing employers’ 32 CFR Part 706 Maritime Law) has also certified that the compliance burdens. As the agency did lights involved are located in closest Certifications and Exemptions Under possible compliance with the applicable not receive any significant adverse the International Regulations for 72 COLREGS requirements. comments, OSHA is hereby confirming Preventing Collisions at Sea, 1972 Moreover, it has been determined, in that the DFR published on May 7, 2018, will become effective on July 6, 2018. AGENCY: Department of the Navy, DoD. accordance with 32 CFR parts 296 and ACTION: Final rule. 701, that publication of this amendment II. OMB Review Under the Paperwork for public comment prior to adoption is Reduction Act of 1995 SUMMARY: The Department of the Navy impracticable, unnecessary, and This action does not add or change (DoN) is amending its certifications and contrary to public interest since it is any information collection requirements exemptions under the International based on technical findings that the subject to OMB approval under the Regulations for Preventing Collisions at placement of lights on this vessel in a sradovich on DSK3GMQ082PROD with RULES Paperwork Reduction Act of 1995 Sea, 1972 (72 COLREGS), to reflect that manner differently from that prescribed (PRA), 44 U.S.C. 3501 et seq., and its the Deputy Assistant Judge Advocate herein will adversely affect the vessel’s implementing regulations at 5 CFR part General (DAJAG) (Admiralty and ability to perform its military functions. 1320. The PRA defines a collection of Maritime Law) has determined that USS List of Subjects in 32 CFR Part 706 information as the obtaining, causing to PAUL IGNATIUS (DDG 117) is a vessel be obtained, soliciting, or requiring the of the Navy which, due to its special Marine safety, Navigation (water), disclosure to third parties or the public construction and purpose, cannot fully Vessels. VerDate Sep<11>2014 16:05 Jul 02, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\03JYR1.SGM 03JYR1


Document Created: 2018-07-02 23:55:08
Document Modified: 2018-07-02 23:55:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; confirmation of effective date.
DatesThe DFR published on May 7, 2018 (83 FR 19936), becomes effective on July 6, 2018. For purposes of judicial review, OSHA considers the date of publication of this document as the date of promulgation of the DFR.
ContactPress inquiries: Mr. Frank Meilinger, OSHA Office of Communications, Room N-3647, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210; telephone: (202) 693-1999; email: [email protected]
FR Citation83 FR 31045 
RIN Number1218-AB76
CFR AssociatedBeryllium; General Industry; Health and Occupational Safety and Health
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