[Federal Register Volume 85, Number 28 (Tuesday, February 11, 2020)]
[Notices]
[Pages 7843-7845]
[FR Doc No: 2020-02703]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Actions on Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of actions on special permit applications.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before March 12, 2020.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Washington, DC
20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Office of Hazardous
Materials Approvals and Permits Division, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
East Building, PHH-30, 1200 New Jersey Avenue Southeast, Washington, DC
20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington, DC.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on February 6, 2020.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special permits
       Application No.                 Applicant          Regulation(s) affected              thereof
----------------------------------------------------------------------------------------------------------------
                                          Special Permits Data--Granted
----------------------------------------------------------------------------------------------------------------
15279-M......................  University of Colorado    172.301(a), 172.301(b),   To modify the special permit
                                At Boulder, EHS.          172.301(c),               to authorize new
                                                          173.199(a)(3),            destinations due to lab
                                                          173.199(a)(4),            increasing in size and
                                                          173.199(a)(5), 178.609.   moving.
16011-M......................  Americase, LLC..........  172.200, 172.300,         To modify the special permit
                                                          172.500, 172.400,         to authorize an additional
                                                          172.600, 172.700(a),      package.
                                                          173.185(c), 173.185(f).
16061-M......................  Battery Solutions, LLC..  172.200, 172.300,         To modify the special permit
                                                          172.400,                  to authorize additional
                                                          173.185(c)(1)(iii),       Class 8 and 9 hazmat, to
                                                          173.185(c)(1)(iv),        remove the UN packaging code
                                                          173.185(c)(1)(v),         from the permit, to clarify
                                                          173.185(c)(3).            the term operator and to
                                                                                increase the maximum gross
                                                                                mass of CellBlockEX material
                                                                                per package to 400kg.
20352-M......................  Schlumberger Technology   173.301(f), 173.302(a),   To modify the special permit
                                Corp.                     173.304(a), 173.304(d),   to authorize a thinner
                                                          178.36(f).                cylinder wall thickness of
                                                                                the cylinder.

20549-M......................  Cellblock FCS, LLC......  172.400, 172.700(a),      To modify the special permit
                                                          172.102(c)(1), 172.200,   to authorize rail as an
                                                          172.300.                  approved mode of transport.
20710-M......................  Kerr Corporation........  173.4a(c)(2),             To modify the special permit
                                                          173.4a(e)(2).             to authorize an alternative
                                                                                package marking (QR Code) in
                                                                                lieu of requiring a copy of
                                                                                the special permit to
                                                                                accompany each shipment.
20896-N......................  Applied Energy Systems,   172.101(j), 173.187,      To authorizes the
                                Inc.                      173.212, 173.240,         transportation in commerce
                                                          173.242, 176.83.          of a gas purification
                                                                                apparatus containing certain
                                                                                Division 4.2 (spontaneously
                                                                                combustible solids) in non-
                                                                                DOT specification stainless
                                                                                steel pressure vessels.
20910-M......................  Cellblock Fcs, LLC......  172.200, 172.300,         To modify the special permit
                                                          172.500, 172.400,         to authorize rail
                                                          172.700(a).               transportation.
20926-N......................  Cold Box Express, Inc...  172.200, 172.600,         To authorize the use of
                                                          172.700(a).               certain temperature-
                                                                                controlled shipping
                                                                                containers containing
                                                                                lithium ion batteries as not
                                                                                subject to certain shipping
                                                                                paper, training, and
                                                                                emergency response
                                                                                requirements.
20935-N......................  Daicel Safety Systems     172.320, 173.54(a),       To authorize the
                                Americas, Inc.            173.56(b), 173.57,        transportation in commerce
                                                          173.58, 173.60.           of explosive articles
                                                                                classed as Division 1.4S,
                                                                                when packed in a special
                                                                                shipping container without
                                                                                being approved in accordance
                                                                                with 173.56.
20949-N......................  Sigma-Aldrich, Inc......  178.601(k)..............  To authorize the testing of
                                                                                UN 4G combination packagings
                                                                                for the transportation in
                                                                                commerce of hazardous
                                                                                materials in which the inner
                                                                                packagings have been used
                                                                                multiple times to complete
                                                                                the tests in Sec.  Sec.
                                                                                178.603, 178.606, and
                                                                                178.608.
20952-N......................  Capella Space Corp......  173.185(a)..............  To authorize the
                                                                                transportation in commerce
                                                                                of low production lithium
                                                                                ion batteries contained in
                                                                                equipment by cargo-only
                                                                                aircraft.
20958-N......................  University Of Colorado..  173.301(g), 173.24(b),    To authorize the
                                                          173.24(f), 173.24(g),     transportation in commerce
                                                          175.30(c)(1).             of compressed air in
                                                                                Specification DOT 3AA
                                                                                cylinders, which are used to
                                                                                purge sensitive equipment.
20977-N......................  Rocket Lab Limited......  173.185(a),               To authorize the
                                                          173.185(b)(4).            transportation in commerce
                                                                                of low production lithium
                                                                                ion batteries contained in
                                                                                equipment (launch vehicle)
                                                                                in non-DOT specification
                                                                                packagings.
20979-N......................  Atk Space Systems Inc...  ........................  To authorize the
                                                                                transportation in commerce
                                                                                of hazardous materials over
                                                                                422 feet of public roadways
                                                                                without being subject to the
                                                                                HMR.
----------------------------------------------------------------------------------------------------------------
                                          Special Permits Data--Denied
----------------------------------------------------------------------------------------------------------------
20879-N......................  Aviall Services, Inc....  172.200, 172.300,         To authorize the
                                                          172.400, 173.159(j),      transportation in commerce
                                                          173.159(j)(3),            of nickel-cadmium batteries
                                                          173.159(j)(4).            as not subject to the
                                                                                requirements of the HMR.
20943-N......................  Zhejiang Meenyu Can       173.304(a), 173.304(d)..  To authorize the manufacture,
                                Industry Co., Ltd.                                  mark, sale, and use of non-
                                                                                DOT specification
                                                                                receptacles.
20956-N......................  Valtris Specialty         171.8, 171.4,             To authorize the
                                Chemicals.                172.203(l), 172.322,      transportation in commerce
                                                          176.70.                   of two materials as not
                                                                                meeting the Sec.   171.8
                                                                                definition of a marine
                                                                                pollutant.

----------------------------------------------------------------------------------------------------------------
13179-M......................  Recycle Aerosol, LLC....  173.21(i)...............  To modify the special permit
                                                                                to authorize recycling or
                                                                                reclamation as well as
                                                                                disposal of waste hazmat.
                                                                                (modes 1, 2, 3)
20893-M......................  Daimler Ag..............  172.301(c), 173.185(a)..  To modify the special permit
                                                                                to authorize the
                                                                                transportation in commerce
                                                                                of untested pre-production
                                                                                lithium ion batteries
                                                                                contained in a flammable
                                                                                liquid powered vehicle.
                                                                                (mode 4)
20945-N......................  Air Medical Resource      172.101(j),               To authorize the
                                Group, Inc.               172.204(c)(3),            transportation in commerce
                                                          173.27(b)(2),             of limited quantities of
                                                          175.30(a)(1).             hazardous materials that
                                                                                exceed quantity limitations
                                                                                by air.
20946-N......................  Volkswagen Ag...........  172.101(j)..............  To authorize the
                                                                                transportation in commerce
                                                                                of lithium ion batteries
                                                                                exceeding 35 kg net weight
                                                                                by cargo-only aircraft.
20981-N......................  Republic Helicopters,     172.200, 172.300,         To authorize the
                                Inc.                      172.400, 173.27,          transportation in commerce
                                                          175.30, 175.33.           of refrigerating units via
                                                                                rotocraft external loads.
20987-N......................  Aji Bio-Pharma..........  172.200, 172.400........  To authorize the
                                                                                transportation in commerce
                                                                                of certain Division 6.1
                                                                                hazardous materials without
                                                                                shipping papers and labels.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-02703 Filed 2-10-20; 8:45 am]
BILLING CODE 4909-60-P


[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20205-20206]
[FR Doc No: 2023-07112]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2023-08]

Petition for Exemption; Summary of Petition Received; The Boeing
Company

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before April 25, 2023.

ADDRESSES: Send comments identified by docket number FAA-2022-0920
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records

notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Deana Stedman, AIR-612, Federal
Aviation Administration, 2200 South 216th Street, Des Moines, WA 98198,
phone and fax<PHONE_NUMBER>, email [email protected].
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on March 31, 2023.
James David Foltz,
Acting Manager, Strategic Policy Management, Policy and Innovation
Division, Aircraft Certification Service.

Petition for Exemption

    Docket No.: FAA-2022-0920.
    Petitioner: The Boeing Company.
    Section(s) of 14 CFR Affected: Sec. Sec.  25.901(c), 25.981(a)(3),
25.1309(b), (d)(1), and (d)(2).
    Description of Relief Sought: The Boeing Company is seeking relief
from 14 CFR 25.901(c) at amendment 25-46, 25.981(a)(3) at amendment 25-
102, and 25.1309(b), (d)(1), and (d)(2) at amendment 25-41 for the Fuel
Quantity Indication System (FQIS) wiring separation for the main fuel
tanks. The relief sought will allow earlier planned type design changes
to the center fuel tank FQIS fuselage wiring installation on Model 777-
200 and -300 series airplanes prior to line number 562, to address the
unsafe condition identified within airworthiness directive (AD) 2020-
18-12.

[FR Doc. 2023-07112 Filed 4-4-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 12, 2007 (Volume 72, Number 8)]
[Notices]
[Page 1500-1501]
[DOCID:fr12ja07-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-51-000]

Gulfstream Natural Gas System, L.L.C.; Notice of Application

January 5, 2007.
    On December 22, 2006, in Docket No. CP07-51-000, Gulfstream Natural
Gas System, L.L.C. (Gulfstream), pursuant to section 7(c) of the
Natural Gas Act, as amended, and section 157 Subpart A of the Federal
Energy Regulatory Commission's (Commission) regulations, filed for
authorization to install, construct, own, operate and maintain certain
pipeline facilities, consisting primarily of the installation of
approximately 17.74 miles of 20-inch diameter pipeline and additional
compression totaling 45,000 horsepower to be installed at Stations 410
and 420, as more fully described in the application ( Phase IV
Project). Gulfstream further requests that the Commission grant a
preliminary determination on the non-environmental aspects of this
Application by May 31, 2007, with a final order granting the requested
authorizations and related approvals by September 1, 2007. Gulfstream
states that issuing orders by these dates will help to ensure that the
Phase IV facilities are available to meet the timing needs of the Phase
IV shipper and to give the Phase IV shipper and Gulfstream the economic
assurance needed to go forward with their respective projects.
    Questions concerning the application should be directed to: P.
Martin Teague, Associate General Counsel at Gulfstream Natural Gas
System, L.L.C., 5400 Westheimer Court, P.O. Box 1642, Houston, Texas
77251-1642, or by calling<PHONE_NUMBER>.
    On November 21, 2006, the Commission staff granted Gulfstreams'
request to utilize the Pre-Filing process and assigned Docket No. PF06-
29-000 to staff activities involving the Phase IV Project. As of the
filing of this application on December 29, 2006, the Pre-Filing Process
for this project has ended. From this time forward, Gulfstreams'
proceedings will be conducted in Docket No. CP07-51-000.
    Pursuant to Section 157.9 of the Commission rules, 18 CFR 157.9 and
to ensure compliance with the Energy Policy Act of 2005, upon
completion of the Commission staff's environmental review for
Gulfstreams' proposal, the environmental document will be placed into
the record on the Commission's eLibrary system. The action of the
document's placement in the record alerts the other agencies of the
requirement to complete necessary reviews and authorizations within 90
days of the date of the Commission staff's environmental document.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date, file with the Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, a motion to
intervene in accordance with the requirements of the Commission's Rules
of Practice and Procedure (18 CFR 385.214 or 385.211) and the
Regulations under the NGA (18 CFR 157.10). A

person obtaining party status will be placed on the service list
maintained by the Secretary of the Commission and will receive copies
of all documents filed by the applicant and by all other parties. A
party must submit 14 copies of filings made with the Commission and
must mail a copy to the applicant and to every other party in the
proceeding. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding. However, a person does not have to
intervene in order to have comments considered.
    The second way to participate is by filing with the Secretary of
the Commission, as soon as possible, an original and two copies of
comments in support of or in opposition to this project. The Commission
will consider these comments in determining the appropriate action to
be taken, but the filing of a comment alone will not serve to make the
filer a party to the proceeding. The Commission's rules require that
persons filing comments in opposition to the project provide copies of
their protests only to the party or parties directly involved in the
protest.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under the ``e-Filing''
link at http://www.ferc.gov. The Commission strongly encourages

intervenors to file electronically. Persons unable to file
electronically should submit an original and 14 copies of the protest
or intervention to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on January 31, 2007.

Magalie R. Salas,
Secretary.
[FR Doc. E7-282 Filed 1-11-07; 8:45 am]

BILLING CODE 6717-01-P


of the ancillary requirements across different work environments. For
General Industry, the efficacy was estimated to range from no effect to
reducing as much as 90 percent of the CBD cases not averted by the new
PEL. The FEA referenced several case studies from general industry
where benefits at the high end of this scale had come to pass
empirically, on top of whatever engineering controls had been
implemented. These benefits were attributed most specifically to the
introduction of a combination of dermal and respiratory PPE, as well as
more aggressive housekeeping.
    Throughout the rulemaking process, OSHA has been aware that the
situations in shipyards and construction may be substantially different
from those in general industry. Baseline usage of respirators and PPE
is far higher in construction and shipyards. While the general industry
``model'' for the efficacy of the ancillary provisions may apply
relatively well at other places in general industry (since it was based
largely on the experience at Materion facilities), it might be less
effective for construction and shipyards. As indicated in the FEA, most
workers in construction and shipyard abrasive blasting and shipyard
welding operations are already required by other standards to wear
respirators, and it is unclear how many of the abrasive blasting
workers would benefit from additional dermal protection requirements.
As a result, compared to the earlier (2015) PEA, the Agency estimated a
much lower range of benefits to the ancillary provisions for
construction and shipyards. Between the 2015 PEA and the FEA, the
Agency judged that the benefits estimated for abrasive blasting should
be even lower than in the 2015 PEA (which had estimated them at half
that of general industry, or a range of 0 to 45 percent), and halved
them again to 0 to 22.5 percent in the FEA. The high end of this range
was simply an estimate of 25 percent of the range used in general
industry, as a way of accounting for the extensive use of respirators
and PPE in these two sectors.
    Upon further review, OSHA believes that this estimate of 0 to 22.5
percent is too high. While the FEA estimates recognized a high baseline
level of compliance, the benefit estimates did not account for
compliance with PPE and housekeeping provisions by shipyard welders and
construction and shipyard abrasive blasting workers. As a result, based
on OSHA's preliminary revised baseline compliance estimates, there
should have been limited to no benefits in terms of reduced cases of
CBD attributed to the ancillary provisions for the construction and
shipyards standards in the January 2017 rule. OSHA also, upon review,
found that shipyard welders already use extensive PPE, and thus, based
on OSHA's preliminary revised baseline compliance estimates, should
have had more limited benefits attributable to the ancillary provisions
than originally estimated in the January 2017 rule. This issue of
baseline compliance, along with the estimates underlying OSHA's
proposed revised baseline compliance rates, was discussed in section
V.B, Profile of Affected Application Groups, Establishments, and
Employees, of this preamble. Based on the proposed revised compliance
rates discussed there, OSHA has therefore preliminarily concluded that
abrasive blasting workers in construction and shipyards and welders in
shipyards will have limited to no foregone benefits as a result of
withdrawing the ancillary provisions.
    Using the proposed revised baseline compliance rates in section V.B
of this PEA would also lower the estimate of benefits for the
construction and shipyard sectors by lowering the baseline estimate of
illnesses and fatalities. (Such an issue was not relevant for general
industry because there were not such high levels of baseline
compliance.)
Conclusions
    For the reasons discussed above, OSHA has preliminarily concluded
that there are limited to no foregone benefits (due to reducing the
number of cases of CBD) as a result of revoking the ancillary
provisions of the beryllium final standards for Construction and
Shipyards because based on the proposed revised baseline compliance
estimates presented in section V.B. of this PEA, the benefits
attributed to the ancillary provisions in those sectors were
overestimated. The Agency continues to believe that the new PEL will
ensure that workers receive additional protection from exposure to
beryllium.\35\
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    \35\ The FEA attributed benefits to lowering the PEL for welders
in shipyards. While there are also benefits among abrasive blasting
pot tenders and cleanup workers for lowering the PEL, in order to
avoid overestimating benefits in the FEA, OSHA took the conservative
approach of estimating no benefits for these workers due to
uncertainty about the extent of baseline respirator use. The new
lower PEL may also result in more protective respirators being used
in abrasive blasting operations, and will protect workers in the
event that respirators fail, although this is difficult to quantify.
---------------------------------------------------------------------------

VI. Economic Feasibility Analysis and Regulatory Flexibility
Certification Economic Feasibility Analysis

Shipyards

    OSHA is proposing to revoke the ancillary provisions in shipyards
and amend the Z Table with the new lower PEL and STEL. OSHA
preliminarily concludes that the proposed removal of these provisions
for shipyards from the new beryllium standards would reduce costs for
shipyard employers. Because these revisions do not create new
requirements, OSHA has preliminarily determined that neither new costs
nor compliance burdens would be incurred by shipyard employers. Instead
there would be cost savings as compared to the January 9, 2017 final
standard for occupational exposure to beryllium in shipyards.

Construction

    OSHA is proposing to revoke the ancillary provisions in
construction and amend Appendix A of 1926.55 with the new lower PEL and
STEL. OSHA preliminarily concludes that the proposed removal of these
provisions for the construction sector would reduce costs for
construction employers. Because these revisions do not create new
requirements, OSHA has preliminarily determined that neither new costs
nor compliance burdens would be incurred by construction

employers. Instead there would be cost savings as compared to the
January 9, 2017 final standard for occupational exposure to beryllium
in construction.

Economic Feasibility Determination

    Based on the preceding discussion, it is clear that no shipyard or
construction employer would incur new costs as a result of this
proposal beyond the minimal cost of familiarization. Because there are
no new requirements, OSHA preliminarily concludes that the proposed
rule is economically feasible. The Agency welcomes comment on this
preliminary finding.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq. (as amended), OSHA has examined the regulatory requirements of the
proposal for shipyards and construction to determine whether they would
have a significant economic impact on a substantial number of small
entities. The proposal would remove ancillary provisions for shipyards
and construction from the new beryllium rule, resulting in a reduction
of overall costs. Furthermore, because OSHA is proposing no new
requirements, the Agency believes that this proposal would not impose
any costs on small entities covered by this proposal. The 2016 FEA
analysis showed that the costs, and thus the cost savings, would not
represent a significant impact on a substantial numbers of small
entities and, therefore, the cost savings in this proposal would not
have a significant impact on the construction and shipyard subset of
those small entities. The Agency certifies that the proposal would not
have a significant economic impact on a substantial number of small
entities.

Executive Order 13771: Reducing Regulation and Controlling Regulatory
Costs

    Consistent with Executive Order 13771 (82 FR 9339, February 3,
2017) we have estimated the total annualized cost savings of this
proposed rule, using a 3 percent discount rate, to be about $11.0
million, or using a 7 percent discount rate, to be about $11.5 million.
Therefore, this proposed rule, if finalized, is expected to be an
Executive Order 13771 deregulatory action.

VII. OMB Review Under the Paperwork Reduction Act of 1995

A. Overview

    The current beryllium standards for occupational exposure to
beryllium--general industry (29 CFR 1910.1024), construction (29 CFR
1926.1124), and shipyard (29 CFR 1915.1024)--contain collection of
information (paperwork) requirements that have been approved by the
Office of Management and Budget (OMB) under the Paperwork Reduction Act
of 1995 (PRA), and approved under OMB Control number 1218-0267. The
proposal would revoke the beryllium standards, and their collections of
information, in the shipyard and construction sectors, while retaining
the new lower permissible exposure limits. The PRA defines ``collection
of information'' to mean ``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'' (44 U.S.C. 3502(3)(A)).
    Under the PRA, a Federal agency cannot conduct or sponsor a
collection of information unless OMB approves it, and the agency
displays a currently valid OMB control number (44 U.S.C. 3507). Also,
notwithstanding any other provision of law, no employer shall be
subject to penalty for failing to comply with a collection of
information if the collection of information does not display a
currently valid OMB control number (44 U.S.C. 3512). The major
collections of information found in the standards are listed below.

B. Solicitation of Comments

    OSHA prepared and submitted a revised Information Collection
Request (ICR) to OMB removing the Beryllium Shipyard and Construction
collections of information from the existing OMB approved paperwork
package in accordance with 44 U.S.C. 3507(d). The Agency solicits
comments on the removal of the collection of information requirements
and reduction in estimated burden hours associated with these
requirements, including comments on the following items:
     Whether collections of information are necessary for the
proper performance of the Agency's functions, including whether the
information is useful;
     The accuracy of OSHA's estimate of the burden (time and
cost) of the collections of information, including the validity of the
methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the compliance burden on employers, for
example, by using automated or other technological techniques for
collecting and transmitting information (78 FR 56438).

C. Proposed Information Collection Requirements

    As required by 5 CFR 1320.5(a)(1)(iv) and 1320.8(d)(2), the
following paragraphs provide information about this ICR.
    1. Title: The Occupational Exposure to Beryllium.
    2. Description of the ICR: The proposal would remove both the
Shipyard and Construction Standards from the currently approved
Beryllium ICR.
    3. Brief Summary of the Information Collection Requirements
    The proposed ICR does not contain the collection of information
requirements in the construction and shipyard industries. The proposal
to remove standards for construction and shipyards is based on the
Agency's reconsideration of the need for ancillary provisions in those
sectors.
    Below is a summary of the collection of information requirements
identified in the currently approved Beryllium Information Collection.
In this proposed rulemaking, the Agency is proposing to remove the
construction and shipyard standards and retain the general industry
standard in the Beryllium rule. A copy of this ICR is available to the
public at: http://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=1218-0267.

------------------------------------------------------------------------
  Retaining collections of        Removing collections of information
         information         -------------------------------------------
-----------------------------                           Construction
      General industry          Maritime industry         industry
------------------------------------------------------------------------
Sec.   1910.1024(d)(2)        Sec.                  Sec.
 Performance Option.           1915.1024(d)(2)       1926.1124(d)(2)
                               Performance Option.   Performance Option.
Sec.   1910.1024(d)(3)(i),    Sec.                  Sec.
 (ii), & (iii) Scheduled       1915.1024(d)(3)(i),   1926.1124(d)(3)(i),
 Monitoring Options.           (ii), & (iii)         (ii), & (iii)
                               Scheduled             Scheduled
                               Monitoring Options.   Monitoring Options.
Sec.   1910.1024(d)(3)(iv),   Sec.                  Sec.
 (v), & (vi) Scheduled         1915.1024(d)(3)(iv)   1926.1124(d)(3)(iv)
 Monitoring Options.           , (v), & (vi)         , (v), & (vi)
                               Scheduled             Scheduled
                               Monitoring Options.   Monitoring Options.
Sec.   1910.1024(d)(4)        Sec.                  Sec.
 Reassessment of Exposure.     1915.1024(d)(4)       1926.1124(d)(4)
                               Reassessment of       Reassessment of
                               Exposure.             Exposure.

Sec.   1910.1024(d)(6)(i) &   Sec.                  Sec.
 (ii) Employee Notification    1915.1024(d)(6)(i)    1926.1124(d)(6)(i)
 of Assessment Results.        & (ii) Employee       & (ii) Employee
                               Notification of       Notification of
                               Assessment Results.   Assessment Results.
Sec.   1910.1024(e)(2)(i) &   Sec.                  Sec.
 (ii) Demarcation of           1915.1024(e)(2)       1926.1124(e)(2)
 Beryllium Work Area and       Regulated Areas--     Competent Person.
 Regulated Areas--.            Demarcation.
Sec.   1910.1024(f)(1)(i),    Sec.                  Sec.
 (ii), & (iii) Methods of      1915.1024(f)(1)(i),   1926.1124(f)(1)(i),
 Compliance--Written           (ii), & (iii)         (ii), & (iii)
 Exposure Control Plan.        Methods of            Methods of
                               Compliance--Written   Compliance--Written
                               Exposure Control      Exposure Control
                               Plan.                 Plan.
Sec.   1910.1024(g)(2)        Sec.   1915.1024(g)   Sec.   1926.1124(g)
 Respiratory Protection        Respiratory           Respiratory
 Program.                      Protection Program.   Protection Program.
Sec.   1910.1024(h)(2)(v)     Sec.                  Sec.
 Personal Protective           1915.1024(h)(2)(v)    1926.1124(h)(2)(v)
 Clothing and Equipment--      Personal Protective   Personal Protective
 Removal and Storage.          Clothing and          Clothing and
                               Equipment--Removal    Equipment--Removal
                               and Storage.          and Storage.
Sec.   1910.1024(h)(3)(iii)   Sec.                  Sec.
 Personal Protective           1915.1024(h)(3)(iii   1926.1124(h)(3)(iii
 Clothing and Equipment--      ) Personal            ) Personal
 Cleaning and Replacement.     Protective Clothing   Protective Clothing
                               and Equipment--       and Equipment--
                               Cleaning and          Cleaning and
                               Replacement.          Replacement.
Sec.   1910.1024(j)(3)(i) &   Sec.                  Sec.
 (ii) Housekeeping--Disposal.  1915.1024(j)(3)       1926.1124(j)(3)
                               Housekeeping--Dispo   Housekeeping--Dispo
                               sal.                  sal.
Sec.   1910.1024(k)(1), (2),  Sec.                  Sec.
 & (3) Medical Surveillance.   1915.1024(k)(1),      1926.1124(k)(1),
                               (2), & (3) Medical    (2), & (3) Medical
                               Surveillance.         Surveillance.
Sec.   1910.1024(k)(4)        Sec.                  Sec.
 Medical Surveillance--        1915.1024(k)(4)       1926.1124(k)(4)
 Information Provided to the   Medical               Medical
 PLHCP.                        Surveillance--Infor   Surveillance--Infor
                               mation Provided to    mation Provided to
                               the PLHCP.            the PLHCP.
Sec.   1910.1024(k)(5)(i),    Sec.                  Sec.
 (ii), & (iii) Medical         1915.1024(k)(5)(i),   1926.1124(k)(5)(i),
 Surveillance--Licensed        (ii), & (iii)         (ii), & (iii)
 Physician's Written Medical   Medical               Medical
 Report for the Employee.      Surveillance--Licen   Surveillance--Licen
                               sed Physician's       sed Physician's
                               Written Medical       Written Medical
                               Report for the        Report for the
                               Employee.             Employee.
Sec.   1910.1024(k)(6)        Sec.                  Sec.
 Medical Surveillance--        1915.1024(k)(6)       1926.1124(k)(6)
 Licensed Physician's          Medical               Medical
 Written Medical Opinion for   Surveillance--Licen   Surveillance--Licen
 the Employer.                 sed Physician's       sed Physician's
                               Written Medical       Written Medical
                               Opinion for the       Opinion for the
                               Employer.             Employer.
Sec.   1910.1024(k)(7)        Sec.                  Sec.
 Medical Surveillance--        1915.1024(k)(7)       1926.1124(k)(7)
 Referral to the CBD           Medical               Medical
 Diagnostic Center.            Surveillance--Refer   Surveillance--Refer
                               ral to the CBD        ral to the CBD
                               Diagnostic Center.    Diagnostic Center.
Sec.   1910.1024(l)(1)        Sec.                  Sec.
 Medical Removal.              1915.1024(l)(1)       1926.1124(l)(1)
                               Medical Removal.      Medical Removal.
Sec.   1910.1024(m)(1)        Sec.                  Sec.
 Communication of hazards.     1915.1024(m)(1)       1926.1124(m)(1)
                               Communication of      Communication of
                               hazards.              hazards.
Sec.   1910.1024(m)(2)        Sec.                  N/A.
 Warning Signs.                1915.1024(m)(2)
                               Warning Signs.
Sec.   1910.1024(m)(3)        Sec.                  Sec.
 Warning labels.               1915.1024(m)(3)       1926.1124(m)(3)
                               Warning labels.       Warning labels.
Sec.   1910.1024(m)(4)(iv)    Sec.                  Sec.
 Employee Information.         1915.1024(m)(4)(iv)   1926.1124(m)(4)(iv)
                               Employee              Employee
                               Information.          Information.
Sec.   1910.1024(n)(1)(i),    Sec.                  Sec.
 (ii), & (iii)                 1915.1024(n)(1)(i),   1926.1124(n)(1)(i),
 Recordkeeping--Air            (ii), & (iii)         (ii), & (iii)
 Monitoring Data.              Recordkeeping--Air    Recordkeeping--Air
                               Monitoring Data.      Monitoring Data.
Sec.   1910.1024(n)(2)(i),    Sec.                  Sec.
 (ii), & (iii)                 1915.1024(n)(2)(i),   1926.1124(n)(2)(i),
 Recordkeeping--Objective      (ii), & (iii)         (ii), & (iii)
 Data.                         Recordkeeping--Obje   Recordkeeping--Obje
                               ctive Data.           ctive Data.
Sec.   1910.1024(n)(3)(i),    Sec.                  Sec.
 (ii), & (iii)                 1915.1024(n)(3)(i),   1926.1124(n)(3)(i),
 Recordkeeping--Medical        (ii), & (iii)         (ii), & (iii)
 Surveillance.                 Recordkeeping--Medi   Recordkeeping--Medi
                               cal Surveillance.     cal Surveillance.
Sec.   1910.1024(n)(4)(i) &   Sec.                  Sec.
 (ii) Recordkeeping--          1915.1024(n)(4)(i)    1926.1124(n)(4)(i)
 Training.                     & (ii)                & (ii)
                               Recordkeeping--Trai   Recordkeeping--Trai
                               ning.                 ning.
------------------------------------------------------------------------

    1. Title: Beryllium (29 CFR 1910.1024).
    2. Type of Review: Revision.
    3. OMB Control Number: 1218-0267.
    4. Affected Public: Business or other for-profit. This standard
would only apply to employers in general industry.
    5. Number of Respondents: 4,008 employers.
    6. Frequency of Responses: On occasion; quarterly, semi-annually,
annual; biannual.
    7. Number of Responses: 142,679.
    8. Average Time per Response: Varies from 5 minutes (.08 hours) for
a clerical worker to generate and maintain an employee medical record,
to more than 8 hours for a human resource manager to develop and
implement a written exposure control plan.
    9. Estimated Annual Total Burden Hours: 83,787. This is a reduction
of 47,791 hours from the existing annualized 131,578 burden hours.
    10. Estimated Annual Cost (capital-operation and maintenance):
$20,584,209. This is an annualized cost savings of $9,980,781 from the
existing annualized cost of $30,564,990.

D. Submitting Comments

    Members of the public who wish to comment on the revisions to the
paperwork requirements in this proposal must send their written
comments to the Office of Information and Regulatory Affairs, Attn: OMB
Desk Officer for the Department of Labor, OSHA (RIN-1218 -AB76), Office
of Management and Budget, Room 10235, Washington, DC 20503, Telephone:
202-395-6929/Fax:<PHONE_NUMBER> (these are not toll-free numbers),
email<EMAIL_ADDRESS>The Agency encourages commenters
also to submit their comments on these paperwork requirements to the
rulemaking docket (Docket Number OSHA-H005C-2006-0870), along with
their comments on other parts of the proposed rule. For instructions on
submitting these comments to the rulemaking docket, see the sections of
this Federal Register notice titled DATES and ADDRESSES. Comments
submitted in response to this notice are public records; therefore,
OSHA cautions commenters about submitting personal information such as
Social Security numbers and dates of birth.

E. Docket and Inquiries

    To access the docket to read or download comments and other
materials related to this paperwork determination, including the
complete Information Collection Request (ICR) (containing the
Supporting Statement with attachments describing the paperwork
determinations in detail) use the procedures described under the
section of this notice titled ADDRESSES.

You also may obtain an electronic copy of the complete ICR by visiting
the Web page at: http://www.reginfo.gov/public/do/PRAMain, scroll under
``Currently Under Review'' to ``Department of Labor (DOL)'' to view all
of the DOL's ICRs, including those ICRs submitted for proposed
rulemakings. To make inquiries, or to request other information,
contact Mr. Todd Owen, Directorate of Standards and Guidance, OSHA,
Room N-3609, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone<PHONE_NUMBER>.

VIII. Federalism

    OSHA reviewed this proposed beryllium rule according to the most
recent Executive Order (``E.O.'') on Federalism, E.O. 13132, 64 FR
43255 (Aug. 10, 1999). The E.O. requires that Federal agencies, to the
extent possible, refrain from limiting State policy options, consult
with States before taking actions that would restrict States' policy
options, and take such actions only when clear constitutional authority
exists and the problem is of national scope. The E.O. allows Federal
agencies to preempt State law only with the expressed consent of
Congress. In such cases, Federal agencies must limit preemption of
State law to the extent possible.
    Under Section 18 of the Occupational Safety and Health Act (the
``Act'' or ``OSH Act''), 29 U.S.C. 667, Congress expressly provides
that States may adopt, with Federal approval, a plan for the
development and enforcement of occupational safety and health
standards. OSHA refers to States that obtain Federal approval for such
plans as ``State-Plan States.'' 29 U.S.C. 667. Occupational safety and
health standards developed by State-Plan States must be at least as
effective in providing safe and healthful employment and places of
employment as the Federal standards. Subject to these requirements,
State-Plan States are free to develop and enforce their own
occupational safety and health standards.
    This proposed rule would revoke the ancillary provisions for the
construction and shipyard industries, but retain the recently revised
PEL of 0.2 [mu]g/m\3\ and STEL of 2.0 [mu]g/m\3\ for those industries.
This would provide more flexibility to State-Plan States to develop and
enforce their own standards, provided those standards require
workplaces to be at least as safe and healthful as federal OSHA
standards. Additionally, standards promulgated under the OSH Act do not
apply to any worker whose employer is a state or local government. 29
U.S.C. 652(5).
    This proposed rule complies with E.O. 13132. In States without
OSHA-approved State plans, Congress expressly provides for OSHA
standards to preempt State occupational safety and health standards in
areas addressed by the Federal standards. In these States, this rule
would limit State policy options in the same manner as every standard
promulgated by the Agency. In States with OSHA-approved State plans,
this rulemaking would not limit State policy options to adopt stricter
standards.

IX. State-Plan States

    When Federal OSHA promulgates a new standard or a more stringent
amendment to an existing standard, the States and U.S. territories with
their own OSHA-approved occupational safety and health plans (``State-
Plan States'') must revise their standards to reflect the new standard
or amendment. The State standard must be at least as effective as the
Federal standard or amendment, and must be promulgated within 6 months
of the publication date of the final Federal rule. 29 CFR 1953.5(a).
Currently, there are 28 State-Plan States.
    Of the 28 States and territories with OSHA-approved State plans, 22
cover public and private-sector employees: Alaska, Arizona, California,
Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada,
New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina,
Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming. The
remaining six states and territories cover only public-sector
employees: Connecticut, Illinois, New Jersey, Maine, New York, and the
Virgin Islands.
    This rule, if adopted as proposed, would eliminate the ancillary
provisions for the construction and shipyard industries, but retain the
recently revised PELs of 0.2 [mu]g/m\3\ as an 8-hour time-weighted
average and 2.0 [mu]g/m\3\ as a 15 minute short-term exposure limit for
those industries. It would leave the beryllium standard for general
industry intact. Therefore, no new State standards would be required
beyond the revision of the PELs and those already required by the
promulgation of the beryllium standard for general industry.
    If the proposal is adopted, State-Plan states may nonetheless
choose to conform to the January 9, 2017 construction and shipyards
ancillary provisions, although they would no longer be required to do
so.

X. Unfunded Mandates Reform Act

    Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``UMRA''), 2 U.S.C. 1532, an agency must prepare a written
``qualitative and quantitative assessment'' of any regulation creating
a mandate that ``may result in the expenditure by the State, local, and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more (adjusted annually for inflation)'' in any one
year before promulgating a final rule. OSHA's rule does not place a
mandate on State or local governments, for purposes of the UMRA,
because OSHA cannot enforce its regulations or standards on State or
local governments. 29 U.S.C. 652(5). Under voluntary agreement with
OSHA, some States require public sector entities to comply with State
standards, and these agreements specify that these State standards must
be at least as protective as OSHA standards. The OSH Act does not cover
tribal governments in the performance of traditional governmental
functions, though it does cover tribal governments when they engage in
commercial activity. However, this proposed rule will not require
tribal governments to expend, in the aggregate, $100,000,000 or more in
any one year for their commercial activities. Thus, this proposed rule
does not trigger the requirements of UMRA based on its impact on State,
local, or tribal governments.
    Based on the analysis presented in the Preliminary Economic
Analysis (see Section V above), OSHA concludes that this proposed rule
would not impose a Federal mandate on the private sector in excess of
$100 million (adjusted annually for inflation) in expenditures in any
one year. As noted below, OSHA also reviewed this proposed rule in
accordance with E.O. 13175 on Consultation and Coordination with Indian
Tribal Governments, 65 FR 67249 (Nov. 9, 2000), and determined that, if
adopted, it would not have ``tribal implications'' as defined in that
Order.

XI. Protecting Children From Environmental Health and Safety Risks

    E.O. 13045, 66 FR 19931 (Apr. 23, 2003), requires that Federal
agencies submitting covered regulatory actions to OMB's Office of
Information and Regulatory Affairs (``OIRA'') for review pursuant to
E.O. 12866, 58 FR 51735 (Oct. 4, 1993), must provide OIRA with (1) an
evaluation of the environmental health or safety effects that the
planned regulation may have on children, and (2) an explanation of why
the planned

regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by the agency. E.O. 13045 defines
``covered regulatory actions'' as rules that may (1) be economically
significant under E.O. 12866 (i.e., a rulemaking that has an annual
effect on the economy of $100 million or more, or would adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities), and (2)
concern an environmental health risk or safety risk that an agency has
reason to believe may disproportionately affect children. In this
context, the term ``environmental health risks and safety risks'' means
risks to health or safety that are attributable to products or
substances that children are likely to come in contact with or ingest
(e.g., through air, food, water, soil, or product use).
    This proposed beryllium rule would not be economically significant
under E.O. 12866 (see Section V of this preamble). In addition, OSHA is
not aware of any studies showing that exposure to beryllium in
workplaces disproportionately affects children, who typically are not
allowed in workplaces where such exposure exists. OSHA is also not
aware that there are a significant number of employees under 18 years
of age who may be exposed to beryllium, or that employees of that age
are disproportionately affected by such exposure. OSHA also does not
believe that beryllium particles present in abrasive blasting media or
welding fume residue that might be brought home on work clothing,
shoes, and hair would result in exposures at or near the action level
as defined in the January 9, 2017 standards. Therefore, OSHA believes
that this proposed beryllium rule would not constitute a covered
regulatory action as defined by E.O. 13045.

XII. Environmental Impacts

    OSHA has reviewed this proposed beryllium rule according to the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et
seq.), the regulations of the Council on Environmental Quality (40 CFR
part 1500), and the Department of Labor's NEPA procedures (29 CFR part
11). OSHA has made a preliminary determination that this proposed rule
would have no significant impact on air, water, or soil quality; plant
or animal life; the use of land or aspects of the external environment.

XIII. Consultation and Coordination With Indian Tribal Governments

    OSHA reviewed this proposed rule in accordance with E.O. 13175 on
Consultation and Coordination with Indian Tribal Governments, 65 FR
67249 (Nov. 9, 2000), and determined that it does not have ``tribal
implications'' as defined in that order. The OSH Act does not cover
tribal governments in the performance of traditional governmental
functions, so the proposal will not have substantial direct effects on
one or more Indian tribes in their sovereign capacity, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes. On the other hand, employees in
commercial businesses owned by tribes or tribal members will receive
the same protections and benefits of the standard as all other covered
employees.

XIV. Public Participation

    OSHA encourages members of the public to participate in this
rulemaking by submitting comments on the proposal.
    Written Comments. OSHA invites interested persons to submit written
data, views, and arguments concerning this proposal. When submitting
comments, persons must follow the procedures specified above in the
sections titled DATES and ADDRESSES.
    Informal public hearings. The Agency will schedule an informal
public hearing on the proposed rule if requested during the comment
period.

XV. Summary and Explanation of the Proposal

    This section of the preamble explains the changes that OSHA
proposes to make to the beryllium standards, including Agency's
explanation of the reasoning behind the proposed changes.
    As noted in the January 9, 2017 final rule, OSHA has evidence that
beryllium exposure above 0.2 [mu]g/m\3\ as an 8-hour time-weighted
average can occur in abrasive blasting in construction, abrasive
blasting in shipyards, and welding in shipyards. OSHA determined that
exposures at that level create a significant risk of material
impairment of health, including developing CBD and lung cancer. These
operations, however, are already regulated by other OSHA construction
and shipyards standards. OSHA requested, but did not receive,
additional data during the previous rulemaking about exposures in these
operations and about protections provided by other OSHA standards. In
light of the limited information regarding exposures and the potential
that other OSHA standards may offer protection from beryllium
exposures, OSHA is proposing, as an alternative to the comprehensive
January 9, 2017 final rule, to revoke the ancillary provisions for
construction and the ancillary provisions for shipyards while retaining
the new lower PELs for these sectors. This proposal allows OSHA to open
the rulemaking record to receive more information about exposures,
controls, and procedures in operations within the construction and
shipyard sectors.
    In addition, this NPRM provides stakeholders with an additional
opportunity to offer comments on the January 9, 2017 construction and
shipyard standards, including comments on the regulatory text and
whether the ancillary provisions are necessary in these sectors.

Significant Risk in Construction and Shipyards

A. Summary of Relevant Exposure Data

1. Abrasive Blasting
    Despite the low concentrations of beryllium in the blast material,
airborne concentrations of beryllium have been measured above the
previous TWA PEL of 2 [mu]g/m\3\ when blast material containing
beryllium is used as intended. In OSHA's exposure profile in the
January 9, 2017 rule, summarized above in Section IV, 56 percent of
abrasive blasting operators had beryllium exposures at or below 0.2
[mu]g/m\3\, and 19 percent exceeded 2.0 [mu]g/m\3\. For pot tenders,
all samples in the exposure profile were less than or equal to 0.2
[mu]g/m\3\. Of those samples, 75 percent were non-detectable for
beryllium. For cleanup workers, 94 percent of samples were less than or
equal to 0.2 [mu]g/m\3\.
    Eighty-three percent of the abrasive media cleanup worker samples
were non-detectable for beryllium. One cleanup worker had an 8-hour TWA
sample result of 1.1 [micro]g/m\3\; however, it is likely that this
sample result was elevated due to nearby abrasive blasting. Another
cleanup worker had a sample result of 7.4 [micro]g/m\3\ as an 8-hour
TWA, but this appeared to be associated with the use of compressed air
for cleaning in conjunction with nearby abrasive blasting. The
available data in the previous rulemaking record suggested that most
pot tenders and cleanup workers have low beryllium exposures. The
median exposure levels for both of these job categories were less than
0.1 [micro]g/m\3\ and nearly all results were less than or equal to 0.2
[micro]g/m\3\. It should be

noted that the exposure profile for pot tenders and cleanup workers is
based on limited data (16 and 30 air samples, respectively), and given
this information, OSHA believes some of these workers are exposed above
0.2 [micro]g/m\3\.
Welding in Shipyards
    As described in Section 10, Appendix 2 of the Technological
Feasibility chapter of the January 9, 2017 final rule (Document ID
2042), 127 personal breathing zone (PBZ) samples collected on welders
welding non-specified or non-beryllium-containing materials in U.S.
shipyards and Navy facilities range from 0.02 [mu]g/m\3\ to 0.74 [mu]g/
m\3\, with a mean of 0.13 [mu]g/m\3\ and a median of 0.08 [mu]g/m\3\
(OSHA Shipyards, 2005, Document ID 1166; U.S. Navy, 2003, 0145). Of the
127 samples, 123 samples (approximately 97 percent) were non-detectable
for beryllium. This pattern was also confirmed in an observation by the
Navy Environmental Health Center, which indicated that beryllium has
not generally been found in welding fumes (NEHC_Jan24, 2005, Document
ID 1236).

B. Summary of Significant Risk Finding

    As noted in the January 9, 2017 final rule, OSHA has evidence that
workers are exposed to beryllium above 0.2 [mu]g/m\3\ in abrasive
blasting in construction, abrasive blasting in shipyards, and welding
in shipyards. Abrasive blasters and ancillary abrasive blasting
workers, such as pot tenders and cleanup workers, are exposed to
beryllium from coal slag and other mineral slags such as copper slag.
Beryllium is a trace contaminant in these materials, but despite the
low concentration of beryllium, airborne beryllium concentrations above
0.2 [mu]g/m\3\ have resulted from the blasting process and may lead to
harmful exposures to abrasive blasting operators and others in the
vicinity of the blasting operation. In the January 9, 2017 final rule,
OSHA determined that exposures at that level create a significant risk
of developing CBD and lung cancer.
    In comments on the 2015 proposal, the American Blasting
Manufacturers Alliance argued that OSHA had not established significant
risk associated with blasting operations. In particular, it argued that
``the Alliance members have no history of employees with beryllium
sensitization or beryllium-related illnesses. Indeed, the Alliance
members are not aware of a single documented case of beryllium
sensitization or beryllium-related illness associated with coal or
copper slag abrasive production among their employees, or their
customers' employees working with the products of Alliance members''
(Document ID 1673, p. 9). However, ABMA presented no studies or
rigorous scientific evidence to support this statement, and as OSHA
noted in the January 9, 2017 final rule, such anecdotal reports are not
compelling evidence, especially where there is no surveillance program,
required or otherwise (see 82 FR 2642). Rather, the best available
evidence indicates that there is a significant risk of CBD and lung
cancer to workers in construction and shipyards based on the exposure
levels observed. However, OSHA welcomes further data and comment on the
risks of sensitization, CBD, and lung cancer among workers involved in
abrasive blasting and welding operations in shipyards and construction.
Current Applicable Standards
    In the January 9, 2017 final rule, OSHA identified that the
requirements for new PELs and for ancillary provisions such as medical
surveillance, personal protective clothing and equipment, and
beryllium-specific training provided needed protections (82 FR 2637).
OSHA stated that it adopted ancillary provisions for construction and
shipyards ``to ensure that workers exposed to beryllium in the
construction and shipyard industries are provided protection that is
comparable to the protection afforded workers in general industry.''
(82 FR 2639-40). However, given that other OSHA construction standards
cover abrasive blasting operations, where the available data shows that
beryllium exposures primarily occur, OSHA is further considering the
need for ancillary provisions for the construction sector.
    Similarly, abrasive blasting in shipyards and welding in shipyards
are already regulated by OSHA in various ways that limit exposure to
beryllium among workers in these operations, and OSHA is also giving
further consideration to the need for the ancillary standards for those
operations.

A. Construction

    Workers in the construction sector are protected by the permissible
exposure limits (PELs) set forth in 29 CFR 1926.55 Appendix A. The
January 9, 2017 final rule lowered the PELs to 0.2 [mu]g/m\3\ as an 8-
hour time-weighted average and 2.0 [mu]g/m\3\ as a 15-minute short term
exposure limit. In addition to these PELs, workers in construction are
already protected from beryllium exposure through other standards.
    The ventilation standard in construction at 1926.57(f)(2)(ii)
requires ``[t]he concentration of respirable dust or fume in the
breathing zone of the abrasive-blasting operator or any other worker''
to remain ``below the levels specified in 1926.55,'' which OSHA
proposes to lower to 0.2 [mu]g/m\3\ as an 8-hour time-weighted average
and 2.0 [mu]g/m\3\ as a short term exposure limit.\36\ Through the
construction ventilation standard, workers performing abrasive blasting
are required to wear extensive PPE, including respirators, under
certain conditions, including where beryllium concentrations dispersed
by blasting may exceed the PEL and the operator is not already
physically separated from the nozzle and blast material. 29 CFR
1926.57(f)(5)(ii). In addition, the construction ventilation standard
requires some housekeeping measures. 29 CFR 1926.57(f). 29 CFR
1926.57(f)(7) requires that dust not be allowed to accumulate outside
abrasive blasting enclosures and that spills be cleaned up promptly. 29
CFR 1926.57(f)(3) and (f)(4) also require exhaust ventilation and dust
collection and removal systems in abrasive blasting operations in
construction. Compliance with those housekeeping measures during
abrasive blasting should also reduce the amount of beryllium-containing
dust to be cleaned, thereby protecting clean-up workers who clean spent
abrasive blasting media after blasting operations are completed.
---------------------------------------------------------------------------

    \36\ The January 2017 final rule lowered the PELs in
construction in 29 CFR 1926.1124. Because OSHA is now proposing to
revoke the comprehensive construction standard while retaining the
lower PELs, this proposal would amend the PELs in Appendix A of 29
CFR 1926.55 to reflect the new lower PELs.
---------------------------------------------------------------------------

    Furthermore, the general industry Respiratory Protection standard
at 1910.134 applies to construction and requires employers to provide a
respirator to each employee when necessary to protect the employee's
health. Additionally, OSHA requires construction employers to train
their employees in the recognition and avoidance of unsafe conditions.
29 CFR 1926.21. In particular, section 1926.21(b)(3) requires employers
to instruct employees who handle harmful substances ``regarding the
safe handling and use, and be made aware of the potential hazards,
personal hygiene, and personal protective measures.'' The hazard
communication standard, which applies to the construction industry,
also requires training, including the hazards of the chemicals in the
work area and the ``appropriate work practices, emergency procedures,
and personal protective equipment to be used.'' 1910.1200(h)(3).

Shipyards
    Workers in shipyards are protected by the PELs set forth in 29 CFR
1915.1000 Table Z. In the January 9, 2017 final rule, OSHA lowered the
PELs to 0.2 [mu]g/m\3\ as an 8-hour time-weighted average and 2.0
[mu]g/m\3\ as a 15-minute short term exposure limit. The January 2017
final rule lowered the PELs in shipyards in 29 CFR 1915.1024. Because
OSHA is now proposing to revoke the ancillary provisions for shipyards
while retaining the lower PELs, this proposal would amend the PELs in
Table Z of 29 CFR 1915.1000 to reflect the new lower PELs. In general,
hazards not covered by shipyard industry standards may be covered by
general industry standards in 29 CFR part 1910. If a hazard is covered
by both the shipyard industry standards and the general industry
standards, only the shipyard industry standards are cited in OSHA
inspections (29 CFR 1910.5). In addition to these exposure limits,
workers in shipyards are already protected from beryllium exposure
through other standards.
1. Abrasive Blasting
    Abrasive blasting in shipyards is covered by the Mechanical paint
removers standard. 29 CFR 1915.34. OSHA expects that most abrasive
blasting in shipyards involves paint removal. In a comment on the
previous proposal, the Shipbuilders Council of America commented that
``[i]n shipyards beryllium is primarily encountered in in abrasive
blasting operations. Coal slag particulates are used as a blast grit
for removing paints, coatings, and rust from steel components prior to
painting and coating.'' (Document ID 1618, p. 3). OSHA seeks comment on
whether there are abrasive blasting operations in shipyards that are
not covered by 1915.34. The shipyards standard at 29 CFR 1915.34(c)(3)
requires respiratory protection and other appropriate personal
protective equipment in abrasive blasting operations for both abrasive
blasting operators and helpers working in the area. The general
industry respirator standard at 1910.134 applies to shipyards and
requires employers to provide a respirator to each employee when
necessary to protect the employee's health. Additionally, the hazard
communication standard requires training, including the hazards of the
chemicals in the work area and the ``appropriate work practices,
emergency procedures, and personal protective equipment to be used.''
1910.1200(h)(3).
    Certain provisions of OSHA's Ventilation standard for abrasive
blasting (29 CFR 1910.94(a)) also apply to abrasive blasting in
shipyards. OSHA guidance on the application of the exhaust ventilation
paragraph of the general industry standard (29 CFR 1910.94(a)(4))
states that all blast-cleaning enclosures must have sufficient exhaust
ventilation to prevent a buildup of dust-laden air and reduce the
concentrations of hazardous air contaminants, as well as to increase
operator visibility and prevent leakage of dust to the outside of the
enclosure. The Ventilation standard also contains housekeeping
requirements in the subparagraph on abrasive blasting (29 CFR
1910.94(a)(7)). Compliance with those housekeeping measures during
abrasive blasting should also reduce the amount of beryllium-containing
dust to be cleaned, thereby protecting clean-up workers who clean spent
abrasive blasting media after blasting operations are completed. In
addition, exhaust ventilation systems must be constructed, installed,
inspected, and maintained according to the OSHA Ventilation standard
for abrasive blasting (29 CFR 1910.94(a)). OSHA seeks comment on
current industry practices and legal requirements regarding PPE use for
abrasive blasting workers, including pot tenders and clean-up workers.
    Abrasive blasting sometimes occurs in confined spaces in shipyard
work. OSHA's standard covering confined and enclosed spaces in shipyard
employment requires an employer to ensure that confined or enclosed
spaces that contain or have contained toxic liquids, gases, or solids
are inspected visually by a competent person to determine the presence
of toxic residue contaminants and tested by a competent person before
entry by an employee to determine the air concentration of toxic
substances. 29 CFR 1915.12. Employees may not enter a space whose
atmosphere exceeds a PEL except for emergency rescue, or for a short
duration for installation of ventilation equipment, provided that the
atmosphere in the space is monitored continuously and respiratory
protection and other necessary and appropriate PPE and clothing are
provided. If the beryllium PEL is exceeded in a space, the space must
be labeled ``Not Safe for Workers'' and ventilation must be provided to
reduce air concentrations to below the PEL. OSHA requests information
on the prevalence of blasting in confined or enclosed spaces in
shipyards.
2. Welding
    Welding in shipyards is likewise covered by OSHA standards. OSHA
found, after a review of shipyard personal protective equipment
requirements, that gloves are required under 29 CFR 1915.157(a) to
protect workers from hazards faced by welders, such as thermal burns.
29 CFR 1915.51 requires that ventilation be used to keep welding fumes
and smoke within safe limits, and 29 CFR 1915.51(d)(2)(iv) specifically
covers welding involving beryllium: ``Because of its high toxicity,
work involving beryllium shall be done with both local exhaust
ventilation and air line respirators.'' These safe limits in 1915.51
are defined by the PELs in 29 CFR 1915.1000 Table Z, which currently
has a beryllium TWA PEL of 2.0 [mu]g/m\3\ and which OSHA proposes to
lower to 0.2 [mu]g/m\3\, along with a STEL of 2.0 [mu]g/m\3\.\37\ And,
as previously discussed, OSHA standard 1915.12 includes protections for
shipyard employees who perform welding in confined or enclosed spaces,
limiting access to enclosed spaces where beryllium exposures exceed the
PEL and requiring exposure monitoring, ventilation, warning signs, and
PPE including respiratory protection in such spaces. The training
provisions of the hazard communication standard apply to shipyard
welding operations as well. OSHA seeks comment on beryllium exposures
and existing protections among shipyard welders, and on whether the
reduced beryllium PEL and STEL provides sufficient protection to these
workers.
---------------------------------------------------------------------------

    \37\ The January 2017 final rule lowered the PELs in shipyards
in 29 CFR 1915.1024. Because OSHA is now proposing to revoke the
ancillary provisions for shipyards while retaining the lower PELs,
this proposal would amend the PELs in Table Z of 29 CFR 1915.1000 to
reflect the new lower PELs.
---------------------------------------------------------------------------

I. Consultation With the Advisory Committee on Construction Safety and
Health

    Under 29 CFR 1911.10(a), OSHA must consult with the Advisory
Committee on Construction Safety and Health (ACCSH) ``in the
formulation of a rule to promulgate, modify, or revoke a standard.'' In
May 2014, OSHA presented options to ACCSH for the promulgation of the
beryllium rule. These options were (1) reducing the exposure limits in
construction to the same level as the proposed exposure limits in
general industry, (2) reducing the exposure limits and including a
medical surveillance requirement, and (3) including construction in the
scope of the rule and including the same ancillary provisions as in
general industry. OSHA discussed the types of ancillary provisions that
would be included but did not provide regulatory text. Some ACCSH
members asked

OSHA for more information, including draft regulatory text, before
providing OSHA with a recommendation. Without that information, ten
members voted for the third option, and four members abstained from
voting.
    The January 9, 2017 final rule followed ACCSH's recommendation.
However, ACCSH's recommendation was not unanimous, and as discussed
above, OSHA is reconsidering the ancillary provisions for construction.
This is based on the fact that the available data show exposures of
concern only in abrasive blasting operations, and workers engaged in
those operations are already provided protection by a number of other
standards. OSHA notes that this proposal is the first option that was
presented to ACCSH at the May 2014 meeting.

II. Proposed Regulatory Text

    OSHA proposes, based on feedback from interested parties and a
reevaluation of the applicability of existing OSHA standards, to remove
the ancillary provisions of the comprehensive health standards in both
construction and shipyards, but maintain the new lower PEL of 0.2
[mu]g/m\3\ and the STEL of 2.0 [mu]g/m\3\. This would entail revoking
both 29 CFR 1915.1024 and 29 CFR 1926.1124. It would also require
amending 29 CFR 1915.1000 Table Z, and 29 CFR 1926.55 Appendix A. The
entry for beryllium and beryllium compounds in section 1915.1000 Table
Z would be amended to include a ``STEL'' designation after the ``.002''
entry to indicate that 2 [mu]g/m\3\ (.002 mg/m\3\) is a short term
exposure limit, not an 8-hour TWA PEL. The entry would also be amended
to add a ``.0002'' to reflect the change from an 8-hour TWA PEL to .2
[mu]g/m\3\ (.0002 mg/m\3\). The references to 1915.1024 would be
removed. OSHA would also add a new subparagraph, 29 CFR
1915.1000(a)(3), explaining that a STEL is a short term exposure limit
as measured over a fifteen-minute period, and amend the text to
footnote * to include similar text. Similarly, the entry for beryllium
and beryllium compounds in Appendix A to 29 CFR 1926.55 would be
amended to include a ``STEL'' designation after the ``.002'' entry to
indicate that 2 [mu]g/m\3\ (.002 mg/m\3\) is a short term exposure
limit, not an 8-hour TWA PEL. The entry would also be amended to add a
``.0002'' to reflect the change from an 8-hour TWA PEL to .2 [mu]g/m\3\
(.0002 mg/m\3\). The references to 1926.1124 would be removed. OSHA
would also amend footnote * to explain that a STEL is a short term
exposure limit as measured over a fifteen-minute period.
    Because OSHA has determined that significant risk remains at the
PEL of 0.2 [mu]g/m\3\ and several OSHA construction and shipyard
standards rely on the PEL for a portion of their provisions, the Agency
believes it is necessary to protect workers in construction and
shipyards using the permissible exposure limits promulgated in the
January 9, 2017 final rule. When considering the need for ancillary
measures in the January 9, 2017 final rule, OSHA stated that it adopted
ancillary provisions for construction and shipyards ``to ensure that
workers exposed to beryllium in the construction and shipyard
industries are provided protection that is comparable to the protection
afforded workers in general industry.'' (82 FR 2639-40). As discussed
above, OSHA is reconsidering the need for the ancillary provisions,
given the limited operations that are covered and the other OSHA
standards that apply to those operations. This proposal to revoke the
ancillary provisions for construction and shipyards while retaining the
new PELs is intended to provide opportunity for further comment on
these issues, and will allow OSHA to craft a new final rule with more
extensive and detailed stakeholder input than the January 9, 2017 final
rule.

III. Request for Comment on This Proposal and the Application of the
January 9, 2017 Final Rule to the Construction and Shipyard Industries

    OSHA provided adequate legal notice to interested parties in its
2015 NPRM by including regulatory alternatives that expanded the scope
of the standard to the construction and shipyard sectors and including
preliminary technological feasibility and economic feasibility analyses
for those sectors. Many parties took note and commented on the
application of the standard to construction and shipyards (e.g., ABMA,
Document ID 1673; NABTU, Document ID 1679). However, despite the
notice, other interested parties in the construction industry did not
comment until the proposed delay of the effective date. (See Document
ID 2058). Without robust participation from the construction and
shipyard sectors, the Agency had limited data on which to proceed.
    While OSHA continues to believe that the best available evidence in
the rulemaking record in January 9, 2017 supported the expansion of the
scope of the rule to construction and shipyards, it is also within
OSHA's discretion to reevaluate that decision in light of the limited
data and concern from the regulated community. OSHA therefore seeks
comment on this proposal to revoke the ancillary provisions for
construction and shipyards while retaining the lower PEL and STEL. In
particular, OSHA seeks input from interested stakeholders on the degree
to which each provision, or combination thereof, provides (or does not
provide) additional protections to exposed workers. OSHA requests that
commenters provide data to support their position. In addition, OSHA
seeks information on the steps that employers are currently taking to
protect exposed employees. OSHA also seeks additional information and
data commenters may have on the costs of compliance with the measures
required by the January 9, 2017 final rule, including in particular the
costs that small entities would incur.
    In addition to the proposal in this notice, OSHA is considering
extending the compliance dates in the January 9, 2017 final rule by a
year for the construction and shipyard standards. This would give
affected employers additional time to come into compliance with its
requirements, which could be warranted by the uncertainty created by
this proposal. OSHA also seeks comment on that possibility, and also
the amount of additional time employers would need to come into
compliance with the current proposal, if adopted. As noted in the
introduction above, while the entire beryllium rule will go into effect
on May 20, 2017, OSHA will not enforce the January 9, 2017 shipyard and
construction standards without further notice while this new rulemaking
is underway.

 List of Subjects in 29 CFR Parts 1915 and 1926

    Beryllium, Cancer, Chemicals, Hazardous substances, Health,
Occupational safety and health.

Authority and Signature

    This document was prepared under the direction of Dorothy
Dougherty, Deputy Assistant Secretary of Labor for Occupational Safety
and Health, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210.
    The Agency issues the sections under the following authorities: 29
U.S.C. 653, 655, 657; 40 U.S.C. 3704; 33 U.S.C. 941; Secretary of
Labor's Order 1-2012 (77 FR 3912 (1/25/2012)); and 29 CFR part 1911.

    Signed at Washington, DC, on June 15, 2017.
Dorothy Dougherty,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to Standards

    For the reasons set forth in the preamble, Chapter XVII of Title
29, parts 1915 and 1926, of the Code of Federal Regulations is proposed
to be amended as follows:

PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT

0
1. The authority citation for part 1915 continues to read as follows:

    Authority:  33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754); 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912); 29 CFR part 1911; and 5 U.S.C. 553,
as applicable.

Sec.  1915.1024   [Removed].

0
2. Remove Sec.  1915.1024.

Sec.  1915.1000   [Amended]

0
3. Amend Sec.  1915.1000 by redesignating paragraph (a)(2) as paragraph
(a)(3), and adding new paragraph (a)(2) to read as follows:
* * * * *
    (a)(2) Substances with Short-Term Exposure Limits (``STEL''). An
employee's exposure to any substance in Table Z--Shipyards, the
exposure limit of which is designated as a ``STEL,'' shall not exceed
the exposure limit given for that substance over a sampling period of
15 minutes.
* * * * *
0
4. In Sec.  1915.1000 amend Table Z--Shipyards, by revising the entry
for ``Beryllium and beryllium compounds (as Be),'' removing reference
to Sec.  1915.1024, revising footnote *, and removing footnote q.
    The revisions read as follows:

Sec.  1915.1000  Air contaminants.

* * * * *

                                               Table Z--Shipyards
----------------------------------------------------------------------------------------------------------------
                                                                                Skin
             Substance                 CAS No.\d\       ppm \a\ *           mg/m\3\ \b\ *           designation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Beryllium and beryllium compounds         7440-41-7  ..............  0.0002; 0.002 STEL.........  ..............
 (as Be).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

  * * * * * * *
* The PELs are 8-hour TWAs unless otherwise noted; a (C) designation denotes a ceiling limit; a STEL designation
  denotes a 15-minute short-term exposure limit. They are to be determined from breathing-zone air samples.
\a\ Parts of vapor or gas per million parts of contaminated air by volume at 25 [deg]C and 760 torr.
\b\ Milligrams of substance per cubic meter of air. When entry is in this column only, the value is exact; when
  listed with a ppm entry, it is approximate.

  * * * * * * *

* * * * *

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

Subpart D--Occupational Health and Environmental Controls

0
5. The authority citation for subpart D of part 1926 continues to read
as follows:

     Authority: 40 U.S.C. 3704; 29 U.S.C. 653, 655, 657; Secretary
of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83
(48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912); 29 CFR part 1911; and 5 U.S.C. 553,
as applicable.
    Section 1926.61 also issued under 49 U.S.C. 5101 et seq.
    Section 1926.62 also issued under 42 U.S.C. 4853.
    Section 1926.65 also issued under 126 of Pub. L. 99-499, 100
Stat. 1613.

Sec.  1926.1124   [Removed].

0
6. Remove Sec.  1926.1124.
0
7. In Sec.  1926.55, amend appendix A by revising the entry for
``Beryllium and beryllium compounds (as Be),'' removing reference to
Sec.  1926.1124, revising footnote *, and removing footnote q.
    The revisions read as follows:

Sec.  1926.55  Gases, vapors, fumes, dusts, and mists.

* * * * *

Appendix A to Sec.  1926.55--1970 American Conference of Governmental
Industrial Hygienists' Threshold Limit Values of Airborne Contaminants
Threshold Limit Values of Airborne Contaminants for Construction

----------------------------------------------------------------------------------------------------------------
                                                                                Skin
             Substance                 CAS No.\d\       ppm \a\ *            mg/m\3\ \b\            designation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Beryllium and beryllium compounds         7440-41-7  ..............  0.0002; 0.002 STEL.........  ..............
 (as Be).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

  * * * * * * *
* The PELs are 8-hour TWAs unless otherwise noted; a (C) designation denotes a ceiling limit; a STEL designation
  denotes a 15-minute short-term exposure limit.

  * * * * * * *
\a\ Parts of vapor or gas per million parts of contaminated air by volume at 25 [deg]C and 760 torr.
\b\ Milligrams of substance per cubic meter of air. When entry is in this column only, the value is exact; when
  listed with a ppm entry, it is approximate.

* * * * *
[FR Doc. 2017-12871 Filed 6-23-17; 8:45 am]
 BILLING CODE 4510-26-P