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Federal Register/Vol. 82, No. 5/Monday, January 9, 2017/Rules 2470 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations DEPARTMENT OF LABOR Register announcing the Office of (m) Communication of Hazards Management and Budget has approved (n) Recordkeeping Occupational Safety and Health them under the Paperwork Reduction (o) Dates Administration Act. (p) Appendix A (General Industry) Authority and Signature ADDRESSES: In accordance with 28 29 CFR Parts 1910, 1915, and 1926 Amendments to Standards U.S.C. 2112(a), the Agency designates Citation Method [Docket No. OSHA–H005C–2006–0870] Ann Rosenthal, Associate Solicitor of In the docket for the beryllium RIN 1218–AB76 Labor for Occupational Safety and Health, Office of the Solicitor of Labor, rulemaking, found at http:// Occupational Exposure to Beryllium Room S–4004, U.S. Department of www.regulations.gov, every submission Labor, 200 Constitution Avenue NW., was assigned a document identification AGENCY: Occupational Safety and Health Washington, DC 20210, to receive (ID) number that consists of the docket Administration (OSHA), Department of petitions for review of the final rule. number (OSHA–H005C–2006–0870) Labor. FOR FURTHER INFORMATION CONTACT: For followed by an additional four-digit ACTION: Final rule. general information and press inquiries, number. For example, the document ID contact Frank Meilinger, Director, Office number for OSHA’s Preliminary SUMMARY: The Occupational Safety and of Communications, Room N–3647, Economic Analysis and Initial Health Administration (OSHA) is OSHA, U.S. Department of Labor, 200 Regulatory Flexibility Analysis is amending its existing standards for Constitution Avenue NW., Washington, OSHA–H005C–2006–0870–0426. Some occupational exposure to beryllium and DC 20210; telephone (202) 693–1999; document ID numbers include one or beryllium compounds. OSHA has email [email protected]. more attachments, such as the National determined that employees exposed to For technical inquiries, contact Institute for Occupational Safety and beryllium at the previous permissible William Perry or Maureen Ruskin, Health (NIOSH) prehearing submission exposure limits face a significant risk of Directorate of Standards and Guidance, (see Document ID OSHA–H005C–2006– material impairment to their health. The Room N–3718, OSHA, U.S. Department 0870–1671). evidence in the record for this of Labor, 200 Constitution Avenue NW., When citing exhibits in the docket, rulemaking indicates that workers Washington, DC 20210; telephone (202) OSHA includes the term ‘‘Document exposed to beryllium are at increased 693–1950. ID’’ followed by the last four digits of risk of developing chronic beryllium the document ID number, the disease and lung cancer. This final rule SUPPLEMENTARY INFORMATION: The preamble to the rule on occupational attachment number or other attachment establishes new permissible exposure identifier, if applicable, page numbers limits of 0.2 micrograms of beryllium exposure to beryllium follows this outline: (designated ‘‘p.’’ or ‘‘Tr.’’ for pages from per cubic meter of air (0.2 mg/m3) as an a hearing transcript). In a citation that 8-hour time-weighted average and 2.0 I. Executive Summary contains two or more document ID mg/m3 as a short-term exposure limit II. Pertinent Legal Authority numbers, the document ID numbers are determined over a sampling period of 15 III. Events Leading to the Final Standards IV. Chemical Properties and Industrial Uses separated by semi-colons. In some minutes. It also includes other sections, such as Section V, Health provisions to protect employees, such as V. Health Effects VI. Risk Assessment Effects, author names and year of study requirements for exposure assessment, VII. Significance of Risk publication are included before the methods for controlling exposure, VIII. Summary of the Final Economic document ID number in a citation, for respiratory protection, personal Analysis and Final Regulatory Flexibility example: (Deubner et al., 2011, protective clothing and equipment, Analysis Document ID 0527). Where multiple housekeeping, medical surveillance, IX. OMB Review Under the Paperwork exhibits are listed with author names hazard communication, and Reduction Act of 1995 and year of study publication, document recordkeeping. X. Federalism XI. State-Plan States ID numbers after the first are in OSHA is issuing three separate parentheses, for example: (Elder et al., standards—for general industry, for XII. Unfunded Mandates Reform Act XIII. Protecting Children From 2005, Document ID 1537; Carter et al., shipyards, and for construction—in Environmental Health and Safety Risks 2006 (1556); Refsnes et al., 2006 (1428)). order to tailor requirements to the XIV. Environmental Impacts circumstances found in these sectors. XV. Consultation and Coordination With I. Executive Summary DATES: Effective date: The final rule Indian Tribal Governments This final rule establishes new becomes effective on March 10, 2017. XVI. Summary and Explanation of the permissible exposure limits (PELs) for Compliance dates: Compliance dates Standards beryllium of 0.2 micrograms of for specific provisions are set in Introduction beryllium per cubic meter of air (0.2 mg/ (a) Scope and Application 3 § 1910.1024(o) for general industry, (b) Definitions m ) as an 8-hour time-weighted average 3 § 1915.1024(o) for shipyards, and (c) Permissible Exposure Limits (PELs) (TWA) and 2.0 mg/m as a short-term § 1926.1124(o) for construction. There (d) Exposure Assessment exposure limit (STEL) determined over are a number of collections of (e) Beryllium Work Areas and Regulated a sampling period of 15 minutes. In information contained in this final rule Areas (General Industry); Regulated addition to the PELs, the rule includes (see Section IX, OMB Review under the Areas (Maritime); and Competent Person provisions to protect employees such as Paperwork Reduction Act of 1995). (Construction) requirements for exposure assessment, Notwithstanding the general date of (f) Methods of Compliance methods for controlling exposure, applicability that applies to all other (g) Respiratory Protection respiratory protection, personal (h) Personal Protective Clothing and requirements contained in the final rule, Equipment protective clothing and equipment, affected parties do not have to comply (i) Hygiene Areas and Practices housekeeping, medical surveillance, with the collections of information until (j) Housekeeping hazard communication, and the Department of Labor publishes a (k) Medical Surveillance recordkeeping. OSHA is issuing three separate document in the Federal (l) Medical Removal separate standards—for general VerDate Sep<11>2014 21:46 Jan 06, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\09JAR2.SGM 09JAR2 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations 2471 industry, for shipyards, and for application group where compliance monitoring must be repeated within six construction—in order to tailor with the PELs cannot be achieved even months where employee exposures are requirements to the circumstances when employers implement all feasible at or above the action level but at or found in these sectors. There are, engineering and work practice controls, below the TWA PEL, and within three however, numerous common elements use of respirators will be required. months where employee exposures are in the three standards. OSHA developed quantitative above the TWA PEL or STEL. The final The final rule is based on the estimates of the compliance costs of the rule also includes provisions allowing requirements of the Occupational Safety rule for each of the affected industry the employer to discontinue exposure and Health Act (OSH Act) and court sectors. The estimated compliance costs monitoring where employee exposures interpretations of the Act. For health were compared with industry revenues fall below the action level and STEL. In standards issued under section 6(b)(5) of and profits to provide a screening addition, the final rule includes a new the OSH Act, OSHA is required to analysis of the economic feasibility of provision that allows employers to promulgate a standard that reduces complying with the rule and an assess employee exposures using any significant risk to the extent that it is evaluation of the economic impacts. combination of air monitoring data and technologically and economically Industries with unusually high costs as objective data sufficient to accurately feasible to do so. See Section II, a percentage of revenues or profits were characterize airborne exposure to Pertinent Legal Authority, for a full further analyzed for possible economic beryllium (i.e., the ‘‘performance discussion of OSH Act legal feasibility issues. After performing these option’’). requirements. analyses, OSHA finds that compliance Beryllium Work Areas. The proposed OSHA has conducted an extensive with the requirements of the rule is rule would have required the employer review of the literature on adverse economically feasible in every affected to establish and maintain a beryllium health effects associated with exposure industry sector. work area wherever employees are, or to beryllium. OSHA has also developed The final rule includes several major can reasonably be expected to be, estimates of the risk of beryllium-related changes from the proposed rule as a exposed to airborne beryllium, diseases, assuming exposure over a result of OSHA’s analysis of comments regardless of the level of exposure.
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