83 FR 31086 - 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 Range		31086-31087
FR Document		2018-14275

With this document, OSHA is withdrawing the proposed rule that accompanied its direct final rule (DFR) amending the beryllium standard for general industry to address the application of the standard to materials containing trace amounts of beryllium.

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

[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Proposed Rules]
[Pages 31086-31087]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14275]


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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: Proposed rule; withdrawal.

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SUMMARY: With this document, OSHA is withdrawing the proposed rule that 
accompanied its direct final rule (DFR) amending the beryllium standard 
for general industry to address the application of the standard to 
materials containing trace amounts of beryllium.

DATES: As of July 3, 2018, the proposed rule published May 7, 2018 (83 
FR 19989) is withdrawn.

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: 
[email protected].
    General information and technical inquiries: William Perry or 
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 at OSHA's web page 
at http://www.osha.gov.

SUPPLEMENTARY INFORMATION: On May 7, 2018, OSHA published a DFR 
amending the application of the beryllium standard to materials 
containing trace amounts of beryllium (83 FR 19936). OSHA also 
published a companion proposed rule proposing the same changes to the 
beryllium standard (83 FR 19989). In the DFR, OSHA stated that it would 
withdraw the companion proposed rule and confirm the effective date of 
the DFR if no significant adverse comments were submitted on the DFR by 
June 6, 2018. 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 ID OSHA-2018-0003-0004 thru OSHA-2018-0003-0010). The seven 
submissions

[[Page 31087]]

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 portions of those submissions that are outside the 
scope (OSHA-2018-0003-0004 thru OSHA-2018-0003-0006). Accordingly, OSHA 
is not proceeding with the proposed rule and is withdrawing it from the 
rulemaking process.

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 document under the 
following authorities: 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. 2018-14275 Filed 7-2-18; 8:45 am]
BILLING CODE 4510-26-P

31086 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules

Swap Dealer and Intermediary Audit Program as a result of regulatory DEPARTMENT OF LABOR
Oversight. The Joint Audit Committee changes, revisions to the examination
must obtain a written report from the standards resulting from new or Occupational Safety and Health
examinations expert in accordance with amended auditing standards issued by Administration
paragraph (d)(2)(ii)(G)(3) of this section. the Public Company Accounting
(3) At the conclusion of the Oversight Board, or the results of an 29 CFR Part 1910
examinations expert’s engagement examinations expert’s review.
pursuant to paragraph (d)(2)(ii)(G)(1) or [Docket No. OSHA–2018–0003]
(2) of this section, the Joint Audit (B) In addition to the items
RIN 1218–AB76
Committee must obtain from the considered in paragraph (d)(2)(iii)(A) of
examinations expert a written report on this section, the Joint Audit Committee Revising the Beryllium Standard for
findings and recommendations issued members must consider the following General Industry
under the consulting services standards items during the meetings:
of the American Institute of Certified AGENCY: Occupational Safety and Health
(1) Coordinating and sharing Administration (OSHA), Labor.
Public Accountants. The Joint Audit information between the Joint Audit
Committee must provide the Director of ACTION: Proposed rule; withdrawal.
Committee members, including issues
the Division of Swap Dealer and and industry concerns in connection
Intermediary Oversight with a copy of SUMMARY: With this document, OSHA is
with examinations of futures withdrawing the proposed rule that
the examinations expert’s written
commission merchants; accompanied its direct final rule (DFR)
report, and the Joint Audit Committee’s
written responses to any of the (2) Identifying industry regulatory amending the beryllium standard for
examinations expert’s findings and reporting issues and financial and general industry to address the
recommendations, within thirty days of operational internal control issues and application of the standard to materials
the receipt thereof. Upon resolution of modifying the Joint Audit Program containing trace amounts of beryllium.
any questions or comments raised by accordingly; DATES: As of July 3, 2018, the proposed
the Division of Swap Dealer and (3) Issuing risk alerts for futures rule published May 7, 2018 (83 FR
Intermediary Oversight, and upon 19989) is withdrawn.
commission merchants and/or
written notice from the Division of FOR FURTHER INFORMATION CONTACT:
designated self-regulatory organization
Swap Dealer and Intermediary Press inquiries: Mr. Frank Meilinger,
examiners on an as-needed basis;
Oversight that it has no further OSHA Office of Communications, Room
comments or questions on the (4) Responding to industry issues; and N–3647, U.S. Department of Labor, 200
examinations standards as amended (by (5) Providing industry feedback to Constitution Avenue NW, Washington,
reason of the examinations expert’s Commission proposals. DC 20210; telephone: (202) 693–1999;
proposals, consideration of the Division email: meilinger.francis2@dol.gov.
of Swap Dealer and Intermediary (C) Minutes must be taken of all
meetings and distributed to all members General information and technical
Oversight’s questions or comments, or inquiries: William Perry or Maureen
otherwise), the Joint Audit Committee on a timely basis.
Ruskin, Directorate of Standards and
shall commence applying such (D) The Director of the Division of Guidance, Room N–3718, OSHA, U.S.
examinations standards for examining Swap Dealer and Intermediary Department of Labor, 200 Constitution
its registered futures commission Oversight must receive timely prior Avenue NW, Washington, DC 20210;
merchant members for all examinations notice of each meeting, have the right to telephone: (202) 693–1950; fax: (202)
conducted with an ‘‘as of’’ date later attend and participate in each meeting 693–1678.
than the date of the Division of Swap and receive written copies of the Copies of this Federal Register
Dealer and Intermediary’s written minutes required pursuant to paragraph document and news releases: Electronic
notification. (d)(2)(iii)(C) of this section, respectively. copies of these documents are available
(H) The Joint Audit Program must at OSHA’s web page at http://
require the Joint Audit Committee * * * * *
www.osha.gov.
members to report to their respective Issued in Washington, DC, on June 28,
risk and/or audit committee of their 2018, by the Commission. SUPPLEMENTARY INFORMATION: On May 7,
respective board of directors, or a 2018, OSHA published a DFR amending
Christopher Kirkpatrick,
functional equivalent committee, with the application of the beryllium
Secretary of the Commission. standard to materials containing trace
timely reports of the activities and
findings of the Joint Audit Program to Note: The following appendix will not amounts of beryllium (83 FR 19936).
assist the risk and/or audit committee of appear in the Code of Federal Regulations. OSHA also published a companion
the board of directors, or a functional proposed rule proposing the same
equivalent committee, to fulfill its Appendix to Financial Surveillance changes to the beryllium standard (83
responsibility of overseeing the Examination Program Requirements for FR 19989). In the DFR, OSHA stated
examination function. Self-Regulatory Organizations— that it would withdraw the companion
(I) The examinations expert’s written Commission Voting Summary proposed rule and confirm the effective
report, the Joint Audit Committee’s date of the DFR if no significant adverse
response, if any, as well as any On this matter, Chairman Giancarlo and comments were submitted on the DFR
sradovich on DSK3GMQ082PROD with PROPOSALS

information concerning the supervisory Commissioners Quintenz and Behnam voted by June 6, 2018. OSHA received seven
program is confidential. in the affirmative. No Commissioner voted in comments in the record from Materion
(iii) Meetings of the Joint Audit the negative. Brush, Inc., Mead Metals Inc., National
Committee. (A) The Joint Audit [FR Doc. 2018–14272 Filed 7–2–18; 8:45 am] Association of Manufacturers, Airborn,
Committee members must meet at least BILLING CODE 6351–01–P Inc., Edison Electric Institute, and two
once each year. During such meetings, private citizens (Document ID OSHA–
the Joint Audit Committee members 2018–0003–0004 thru OSHA–2018–
shall consider revisions to the Joint 0003–0010). The seven submissions

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Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules 31087

contained comments that were either demonstration, the contingency B. Infrastructure SIPs for Lead
supportive of the DFR or were measure, and the new source review IV. Review of the 2017 Hayden Lead Plan
considered not to be significant adverse (NSR) provisions of the submittal as A. Summary of the EPA’s Proposed
comments (Document IDs OSHA–2018– meeting the requirements of the CAA Actions
0003–0004 thru OSHA–2018–0003– and the EPA’s implementing regulations B. Emissions Inventories
0010). Three of these submissions also for the 2008 lead national ambient air C. Reasonably Available Control Measure/
Reasonably Available Control
contained comments that were outside quality standard (NAAQS).
Technology Demonstration and Adopted
the scope of the DFR and OSHA is not DATES: Any comments on this proposal Control Strategy
considering portions of those must arrive by August 2, 2018. D. Attainment Demonstration
submissions that are outside the scope ADDRESSES: Submit comments, E. Reasonable Further Progress
(OSHA–2018–0003–0004 thru OSHA– identified by docket number EPA–R09– Demonstration
2018–0003–0006). Accordingly, OSHA OAR–2018–0222, at http:// F. Contingency Measures
is not proceeding with the proposed www.regulations.gov, or via email to G. New Source Review
rule and is withdrawing it from the Vagenas.Ginger@epa.gov. For comments V. The EPA’s Proposed Action and Request
rulemaking process. submitted at Regulations.gov, follow the for Public Comments
online instructions for submitting A. The EPA’s Proposed Approvals
List of Subjects in 29 CFR Part 1910 B. Request for Public Comments
Beryllium, General industry, Health, comments. Once submitted, comments
VI. Statutory and Executive Order Reviews
Occupational safety and health. cannot be edited or removed from
Regulations.gov. For either manner of I. Background
Authority and Signature submission, the EPA may publish any
A. The Lead NAAQS
Loren Sweatt, Deputy Assistant comment received to its public docket.
Secretary of Labor for Occupational Do not submit electronically any Under the CAA, the EPA must
Safety and Health, directed the information you consider to be establish NAAQS for six pollutants,
preparation of this document under the Confidential Business Information (CBI) including lead. Lead is generally
following authorities: Sections 4, 6, and or other information whose disclosure is emitted in the form of particles that are
8 of the Occupational Safety and Health restricted by statute. Multimedia deposited in water, soil, and dust.
Act of 1970 (29 U.S.C. 653, 655, 657), submissions (audio, video, etc.) must be People may be exposed to lead by
Secretary of Labor’s Order 5–2007 (72 accompanied by a written comment. inhaling it or by ingesting lead-
FR 31159), and 29 CFR part 1911. The written comment is considered the contaminated food, water, soil, or dust.
official comment and should include Once in the body, lead is quickly
Signed at Washington, DC, on June 27,
2018.
discussion of all points you wish to absorbed into the bloodstream and can
make. The EPA will generally not result in a broad range of adverse health
Loren Sweatt,
consider comments or comment effects including damage to the central
Deputy Assistant Secretary of Labor for
contents located outside of the primary nervous system, cardiovascular
Occupational Safety and Health.
submission (i.e., on the Web, cloud, or function, kidneys, immune system, and
[FR Doc. 2018–14275 Filed 7–2–18; 8:45 am]
other file sharing system). For red blood cells. Children are
BILLING CODE 4510–26–P
additional submission methods, please particularly vulnerable to lead exposure,
contact the person identified in the FOR in part because they are more likely to
FURTHER INFORMATION CONTACT section. ingest lead and in part because their
ENVIRONMENTAL PROTECTION For the EPA’s full public comment still-developing bodies are more
AGENCY policy, information about CBI or sensitive to the effects of lead. The
multimedia submissions, and general harmful effects to children’s developing
40 CFR Part 52
guidance on making effective nervous systems (including their brains)
[EPA–R09–OAR–2018–0222; FRL–9980– comments, please visit http:// arising from lead exposure may include
21—Region 9] www2.epa.gov/dockets/commenting- IQ 1 loss, poor academic achievement,
epa-dockets. long-term learning disabilities, and an
Approval of Arizona Air Plan; Hayden
FOR FURTHER INFORMATION CONTACT: increased risk of delinquent behavior.
Lead Nonattainment Area Plan for the
2008 Lead Standard Ginger Vagenas, EPA Region IX, 415– The EPA first established a lead
972–3964, vagenas.ginger@epa.gov. standard in 1978 at 1.5 micrograms per
AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: meter cubed (mg/m3) as a quarterly
Agency (EPA). Throughout this document, the terms average.2 Based on new health and
ACTION: Proposed rule. ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ mean the EPA. scientific data, the EPA revised the
SUMMARY: The Environmental Protection Table of Contents federal lead standard to 0.15 mg/m3 and
Agency (EPA) is proposing to approve a revised the averaging time for the
I. Background standard on October 15, 2008.3 A
state implementation plan (SIP) revision A. The Lead NAAQS
submitted by the State of Arizona to violation of the standard occurs when
B. Designation of the Hayden Lead NAA
meet Clean Air Act (CAA or ‘‘Act’’) C. CAA Requirements for Lead
ambient lead concentrations exceed 0.15
requirements applicable to the Hayden Nonattainment Areas
1 IQ (intelligence quotient) is a score created by
lead (Pb) nonattainment area (‘‘Hayden D. Sources of Lead in the Hayden Lead
sradovich on DSK3GMQ082PROD with PROPOSALS

NAA dividing a person’s mental age score, obtained by
Lead NAA’’). The EPA is proposing to administering an intelligence test, by the person’s
approve the base year emissions II. Arizona’s SIP Submittal To Address the
chronological age, both expressed in terms of years
inventory, the attainment Hayden Lead NAA and months. ‘‘Glossary of Important Assessment
A. Arizona’s SIP Submittal and Measurement Terms,’’ Philadelphia, PA:
demonstration, the control strategy, B. CAA Procedural and Administrative National Council on Measurement in Education.
including reasonably available control Requirements for SIP Submittals 2016.
technology and reasonably available III. CAA and Regulatory Requirements for 2 See 43 FR 46246 (October 5, 1978).
control measures demonstrations, the Lead Attainment SIPs 3 See 73 FR 66964 (November 12, 2008) (‘‘lead

reasonable further progress A. CAA and EPA Guidance NAAQS rule’’).

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Document Created: 2018-07-02 23:56:03
Document Modified: 2018-07-02 23:56:03

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 rule; withdrawal.
Dates		As of July 3, 2018, the proposed rule published May 7, 2018 (83 FR 19989) is withdrawn.
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: [email protected]
FR Citation		83 FR 31086
RIN Number		1218-AB76
CFR Associated		Beryllium; General Industry; Health and Occupational Safety and Health

83 FR 31086 - Revising the Beryllium Standard for General Industry

DEPARTMENT OF LABOROccupational Safety and Health Administration

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

DEPARTMENT OF LABOR
Occupational Safety and Health Administration