Sec.   1926.1124(k)(2)(i)(B)--Medical  An employee meets the criteria of Sec.      Removed ``or (C)'' from
 Surveillance.                          1926.1124(k)(1)(i)(B) or (C).               paragraph (k)(2)(i)(B) from
                                                                                the beryllium standard for
                                                                                construction and therefore
                                                                                from the ICR.

Sec.   1926.1124(k)(2)(ii)--Medical    At least every two years thereafter for     Replaced ``(D)'' with ``(C)''
 Surveillance.                          each employee who continues to meet the     in paragraph.
                                        criteria of Sec.   1926.1124(k)(1)(i)(A),
                                        (B), or (D).
Sec.   1926.1124(k)(3)(ii)(A)--        A medical and work history, with emphasis   Revised paragraph
 Medical Surveillance.                  on past and present airborne exposure to    (k)(3)(ii)(A) to remove
                                        or dermal contact with beryllium, smoking   ``airborne'' and ``or dermal
                                        history, and any history of respiratory     contact'' from the text.
                                        system dysfunction.
Sec.   1926.1124(k)(4)(i)--            A description of the employee's former and  Revised paragraph (k)(4)(i)
 Information Provided to the PLHCP.     current duties that relate to the           to remove ``airborne'' and
                                        employee's airborne exposure and dermal     ``and dermal contact with''
                                        contact with beryllium.                     from the text.
Sec.   1926.1124(k)(7)--Medical        The employer must provide an evaluation at  Revised the initial
 Surveillance--Referral to the CBD      no cost to the employee at a CBD            consultation with the CBD
 Diagnostic Center.                     diagnostic center that is mutually agreed   diagnostic center, as
                                        upon by the employer and the employee.      follows:
                                        The examination must be provided within
                                        30 days of either of the events in Sec.
                                        1926.1124(k)(7)(i)(A) or (B).
                                       ..........................................  The employer must provide an
                                                                                evaluation at no cost to the
                                                                                employee at a CBD diagnostic
                                                                                center that is mutually
                                                                                agreed upon by the employer
                                                                                and the employee. The
                                                                                evaluation at the CBD
                                                                                diagnostic center must be
                                                                                scheduled within 30 days,
                                                                                and must occur within a
                                                                                reasonable time, of:
                                       ..........................................  Added a new requirement in
                                                                                paragraph (k)(7)(ii) that
                                                                                the evaluation must include
                                                                                any tests deemed appropriate
                                                                                by the examining physician
                                                                                at the CBD diagnostic
                                                                                center, such as pulmonary
                                                                                function testing (as
                                                                                outlined by the American
                                                                                Thoracic Society criteria),
                                                                                bronchoalveolar lavage
                                                                                (BAL), and transbronchial
                                                                                biopsy. If any of the tests
                                                                                deemed appropriate by the
                                                                                examining physician are not
                                                                                available at the CBD
                                                                                diagnostic center, they may
                                                                                be performed at another
                                                                                location that is mutually
                                                                                agreed upon by the employer
                                                                                and the employee.
                                       ..........................................  As result of the changes,
                                                                                OSHA renumbered the
                                                                                subordinate paragraphs in
                                                                                (k)(7).
Sec.   1926.1124(m)(2)--Warning        Consistent with the HCS (29 CFR             Removed this requirement from
 labels.                                1910.1200), the employer must label each    the beryllium standard for
                                        bag and container of clothing, equipment,   construction and therefore
                                        and materials contaminated with             from the ICR.
                                        beryllium, and must, at a minimum,
                                        include the following on the label:
                                       DANGER                                      .............................
                                       CONTAINS BERYLLIUM                          .............................
                                       MAY CAUSE CANCER                            .............................
                                       CAUSES DAMAGE TO LUNGS                      .............................
                                       AVOID CREATING DUST                         .............................
                                       DO NOT GET ON SKIN                          .............................
Sec.   1926.1124(m)(3)(i)--Employee    For each employee who has, or can           Removed ``airborne'' and
 information and training.              reasonably be expected to have, airborne    ``and dermal contact with''
                                        exposure to or dermal contact with          from paragraph (m)(3)(i).
                                        beryllium
Sec.   1926.1124(n)(1)(ii)(F)--        The name, social security number, and job   Removed the requirement to
 Recordkeeping--Air Monitoring Data.    classification of each employee             collect and record social
                                        represented by the monitoring, indicating   security numbers, as
                                        which employees were actually monitored.    follows:
                                       ..........................................  The name and job
                                                                                classification of each
                                                                                employee represented by the
                                                                                monitoring, indicating which
                                                                                employees were actually
                                                                                monitored.
Sec.   1926.1124(n)(3)(ii)(A)--        The record must include the following       Removed the requirement to
 Recordkeeping--Medical Surveillance.   information about the employee: Name,       collect and record social
                                        social security number, and job             security numbers, as
                                        classification.                             follows:
                                       ..........................................  The record must include the
                                                                                following information about
                                                                                the employee: Name and job
                                                                                classification.

Sec.   1926.1124(n)(4)(i)--            At the completion of any training required  Removed the requirement to
 Recordkeeping--Training.               by the standard, the employer must          collect and record social
                                        prepare a record that indicates the name,   security numbers, as
                                        social security number, and job             follows:
                                        classification of each employee trained,
                                        the date the training was completed, and
                                        the topic of the training.
                                       ..........................................  At the completion of any
                                                                                training required by the
                                                                                standard, the employer must
                                                                                prepare a record that
                                                                                indicates the name and job
                                                                                classification of each
                                                                                employee trained, the date
                                                                                the training was completed,
                                                                                and the topic of the
                                                                                training.
----------------------------------------------------------------------------------------------------------------

    4. OMB Control Number: 1218-0273.
    5. Affected Public: Business or other-for-profit. This standard
applies to employers in the construction industry who have employees
that may have occupational exposures to any form of beryllium,
including compounds and mixtures, except those articles and materials
exempted by paragraphs (a)(2) and (3) of the standard.
    6. Number of Respondents: 2,100.
    7. Frequency of Responses: On occasion, quarterly, semi-annually,
annual, biannual.
    8. Number of Reponses: 29,330.
    9. Average Time per Response: Varies.
    10. Estimated Annual Total Burden Hours: 18,075.
    11. Estimated Annual Total Cost (Capital-operation and
maintenance): $5,611,902.
    Shipyards (ICR):
    1. Title: Occupational Exposure to Beryllium for the Shipyards
Sector (29 CFR 1915.1024).
    2. Description of the ICR: The final rule separates information
collection requirements of the shipyards standard from the currently
approved beryllium ICR. This action creates a new ICR containing only
the collection of information requirements for the shipyard sector.
    3. Brief Summary of the Information Collection Requirements:
    This final rule revises the collection of information requirements
contained in the existing ICR for the shipyards industry, approved
under OMB under control number 1218-0267. OSHA, first, has separated
the shipyards collection of information requirements from those of the
general industry and construction standards and created a new ICR
containing only those collection of information requirements in the
shipyard sectors. As a result, OMB has assigned a new OMB control
number specific to the shipyards standard (1218-0272). Next, OSHA has
updated the new ICR to reflect revisions made by this final rule, which
(1) remove provisions in the shipyards standard that require employers
to collect and record employees' social security number; (2) revise the
contents of the written exposure control plan; and (3) remove certain
requirements related to written warnings. See Table VI.2.

    Table VI.2--Collection of Information Requirements Being Revised in the Beryllium Standard for Shipyards
----------------------------------------------------------------------------------------------------------------
                                            Currently approved collection of
       Section number and title                 information  requirements                   Action taken
----------------------------------------------------------------------------------------------------------------
Sec.   1915.1024(f)(1)(i)--Methods of  The employer must establish, implement,     Revised paragraph
 Compliance--Written Exposure Control   and maintain a written exposure control     (f)(1)(i)(A) to list
 Plan.                                  plan, which must contain:                   operations and job titles
                                                                                reasonably expected to
                                                                                involve exposure to
                                                                                beryllium.
                                        A list of operations and job       .............................
                                        titles reasonably expected to involve
                                        exposure to or dermal contact with
                                        beryllium;
                                        A list of operations and job       Removed paragraphs
                                        titles reasonably expected to involve       (f)(1)(i)(B) through (E) the
                                        airborne exposure at or above the AL;       written exposure control
                                                                                plan.
                                        A list of operations and job       .............................
                                        titles reasonably expected to involve
                                        airborne exposure above the TWA PEL or
                                        STEL;
                                        Procedures for minimizing cross-   Added a new requirement,
                                        contamination;                              paragraph (f)(1)(i)(D) to
                                                                                list procedures used to
                                                                                ensure the integrity of each
                                                                                containment used to minimize
                                                                                exposures to employees
                                                                                outside the containment.
                                        Procedures for minimizing the      .............................
                                        migration of beryllium within or to
                                        locations outside the workplace;
                                        A list of engineering controls,    .............................
                                        work practices, and respiratory
                                        protection required by Sec.
                                        1915.1024(f)(2);

                                        A list of personal protective      Revised paragraph
                                        clothing and equipment required by Sec.     (f)(1)(i)(H) to require a
                                        1915.1024(h); and                           list procedures for
                                                                                removing, cleaning, and
                                                                                maintaining personal
                                                                                protective clothing and
                                                                                equipment in accordance with
                                                                                paragraph (h) and renumbered
                                                                                as paragraph (f)(1)(i)(E).
                                        Procedures for removing,           .............................
                                        laundering, storing, cleaning, repairing,
                                        and disposing of beryllium-contaminated
                                        personal protective clothing and
                                        equipment, including respirators.
Sec.   1915.1024(f)(1)(ii)(B)--        The employer is notified that an employee   Removed ``airborne'' and ``or
 Methods of Compliance--Written         is eligible for medical removal in          dermal contact with'' from
 Exposure Control Plan.                 accordance with Sec.   1915.1024(l)(1),     paragraph (f)(1)(ii)(B).
                                        referred for evaluation at a chronic
                                        beryllium disease (CBD) diagnostic
                                        center, or shows signs or symptoms
                                        associated with airborne exposure to or
                                        dermal contact with beryllium.
Sec.   1915.1024(h)(2)(v)--Personal    When personal protective clothing or        Removed this labeling
 Protective Clothing and Equipment--    equipment required by this standard is      requirement from the
 Removal and Storage.                   removed from the workplace for              beryllium standard for
                                        laundering, cleaning, maintenance or        shipyards and therefore from
                                        disposal, the employer must ensure that     the ICR.
                                        personal protective clothing and
                                        equipment are stored and transported in
                                        sealed bags or other closed containers
                                        that are impermeable and are labeled in
                                        accordance with Sec.   1915.1024(m)(3)
                                        and the HCS (29 CFR 1910.1200).
Sec.   1915.1024(h)(3)(iii)--Personal  The employer must inform in writing the     Removed this requirement from
 Protective Clothing and Equipment--    persons or the business entities who        the beryllium standard for
 Cleaning and Replacement.              launder, clean or repair the personal       shipyards and therefore from
                                        protective clothing or equipment required   the ICR.
                                        by this standard of the potentially
                                        harmful effects of airborne exposure to
                                        and dermal contact with beryllium and
                                        that the personal protective clothing and
                                        equipment must be handled in accordance
                                        with the standard.
Sec.   1915.1024(j)(3)--Housekeeping-- When the employer transfers materials       Removed this requirement from
 Disposal.                              containing beryllium to another party for   the beryllium standard for
                                        use or disposal, the employer must          shipyards and therefore from
                                        provide the recipient with a copy of the    the ICR.
                                        warning described in Sec.
                                        1915.1024(m)(2).
Sec.   1915.1024(k)(1)(i)(C)--Medical  Who is exposed to beryllium during an       Removed paragraph
 Surveillance.                          emergency.                                  (k)(1)(i)(C) from the
                                                                                beryllium standard for
                                                                                construction and therefore
                                                                                from the ICR. Renumbered
                                                                                former paragraph
                                                                                (k)(1)(i)(D) as
                                                                                (k)(1)(i)(C).
Sec.   1915.1124(k)(2)(i)(B)--Medical  An employee meets the criteria of Sec.      Removed ``or (C) of this
 Surveillance.                          1915.1024(k)(1)(i)(B) or (C).               standard'' from paragraph
                                                                                (k)(2)(i)(B) from the
                                                                                beryllium standard for
                                                                                construction and therefore
                                                                                from the ICR.
Sec.   1915.1124(k)(2)(ii)--Medical    At least every two years thereafter for     Replaced ``(D)'' with ``(C)''
 Surveillance.                          each employee who continues to meet the     in paragraph (k)(2)(ii).
                                        criteria of Sec.   1915.1024(k)(1)(i)(A),
                                        (B), or (D).
Sec.   1915.1124(k)(3)(ii)(A)--        A medical and work history, with emphasis   Revised paragraph
 Medical Surveillance.                  on past and present airborne exposure to    (k)(3)(ii)(A) to remove
                                        or dermal contact with beryllium, smoking   ``airborne'' and ``or dermal
                                        history, and any history of respiratory     contact with'' from the
                                        system dysfunction.                         text.
Sec.   1915.1124(k)(4)(i)--            A description of the employee's former and  Revised paragraph (k)(4)(i)
 Information Provided to the PLHCP.     current duties that relate to the           to remove ``airborne'' and
                                        employee's airborne exposure and dermal     ``and dermal contact with''
                                        contact with beryllium.                     from the text.
Sec.   1915.1024(k)(7)--Medical        The employer must provide an evaluation at  Revised an initial
 Surveillance-- Referral to the CBD     no cost to the employee at a CBD            consultation with the CBD
 Diagnostic Center.                     diagnostic center that is mutually agreed   diagnostic center.
                                        upon by the employer and the employee.
                                        The examination must be provided within
                                        30 days of either of the events in Sec.
                                        1915.1024(k)(7)(i)(A) or (B).
                                       ..........................................  The employer must provide an
                                                                                evaluation at no cost to the
                                                                                employee at a CBD diagnostic
                                                                                center that is mutually
                                                                                agreed upon by the employer
                                                                                and the employee. The
                                                                                evaluation at the CBD
                                                                                diagnostic center must be
                                                                                scheduled within 30 days,
                                                                                and must occur within a
                                                                                reasonable time, of:

                                       ..........................................  Added a new requirement in
                                                                                paragraph (k)(7)(ii) that
                                                                                the evaluation must include
                                                                                any tests deemed appropriate
                                                                                by the examining physician
                                                                                at the CBD diagnostic
                                                                                center, such as pulmonary
                                                                                function testing (as
                                                                                outlined by the American
                                                                                Thoracic Society criteria),
                                                                                bronchoalveolar lavage
                                                                                (BAL), and transbronchial
                                                                                biopsy. If any of the tests
                                                                                deemed appropriate by the
                                                                                examining physician are not
                                                                                available at the CBD
                                                                                diagnostic center, they may
                                                                                be performed at another
                                                                                location that is mutually
                                                                                agreed upon by the employer
                                                                                and the employee.
                                       ..........................................  As result of the changes,
                                                                                OSHA renumbered the
                                                                                subordinate paragraphs in
                                                                                (k)(7).
Sec.   1915.1024(m)(2)--Warning        Consistent with the HCS (29 CFR             Removed this requirement from
 labels.                                1910.1200), the employer must label each    the beryllium standard for
                                        bag and container of clothing, equipment,   construction and therefore
                                        and materials contaminated with             from the ICR.
                                        beryllium, and must, at a minimum,
                                        include the following on the label:
                                       DANGER                                      .............................
                                       CONTAINS BERYLLIUM                          .............................
                                       MAY CAUSE CANCER                            .............................
                                       CAUSES DAMAGE TO LUNGS                      .............................
                                       AVOID CREATING DUST                         .............................
                                       DO NOT GET ON SKIN                          .............................
Sec.   1926.1124(m)(3)(i)--Employee    For each employee who has, or can           Removed ``airborne'' and
 information and training.              reasonably be expected to have, airborne    ``and dermal contact with''
                                        exposure to or dermal contact with          from paragraph (m)(3)(i).
                                        beryllium.
Sec.   1915.1024(n)(1)(ii)(F)--        The name, social security number, and job   Removed the requirement to
 Recordkeeping --Air Monitoring Data.   classification of each employee             collect and record social
                                        represented by the monitoring, indicating   security numbers, as
                                        which employees were actually monitored.    follows:
                                       ..........................................  The name and job
                                                                                classification of each
                                                                                employee represented by the
                                                                                monitoring, indicating which
                                                                                employees were actually
                                                                                monitored.
Sec.   1915.1024(n)(3)(ii)(B)--        The record must include the following       Remove the requirement to
 Recordkeeping--Medical Surveillance.   information about the employee: Name,       collect and record social
                                        social security number, and job             security numbers, as
                                        classification.                             follows: Name and job
                                                                                classification.
Sec.   1915.1024(n)(4)(i)--            At the completion of any training required  Remove the requirement to
 Recordkeeping--Training.               by this standard, the employer must         collect and record social
                                        prepare a record that indicates the name,   security numbers, as
                                        social security number, and job             follows:
                                        classification of each employee trained,
                                        the date the training was completed, and
                                        the topic of the training.
                                       ..........................................  At the completion of any
                                                                                training required by this
                                                                                standard, the employer must
                                                                                prepare a record that
                                                                                indicates the name and job
                                                                                classification of each
                                                                                employee trained, the date
                                                                                the training was completed,
                                                                                and the topic of the
                                                                                training.
----------------------------------------------------------------------------------------------------------------

    4. OMB Control Number: 1218-0272.
    5. Affected Public: Business or other-for-profit. This standard
applies to employers in the shipyards industry who have employees that
may have occupational exposures to any form of beryllium, including
compounds and mixtures, except those articles and materials exempted by
paragraphs (a)(2) and (3) of the standard.
    6. Number of Respondents: 696.
    7. Frequency of Responses: On occasion, quarterly, semi-annually,
annual, biannual.
    8. Number of Reponses: 10,794.
    9. Average Time per Response: Varies.
    10. Estimated Annual Total Burden Hours: 6,609.
    11. Estimated Annual Total Cost (Capital-operation and
maintenance): $2,057,856.

VII. Federalism

    OSHA reviewed this final rule in accordance with the Executive
order on Federalism (E.O. 13132, 64 FR 43255, August 10, 1999), which
requires that Federal agencies, to the extent possible, refrain from
limiting State policy options, consult with States prior to taking any
actions that would restrict State policy options, and take such actions
only when clear constitutional and statutory authority exists and the
problem is national in scope. E.O. 13132 provides for preemption of
State law only with the expressed consent of Congress. Any such
preemption is to be limited to the extent possible.
    Under Section 18 of the OSH Act, Congress expressly provides that
States and U.S. territories may adopt, with Federal approval, a plan
for the development and enforcement of occupational safety and health

standards. OSHA refers to such States and territories as ``State
Plans'' (29 U.S.C. 667). Occupational safety and health standards
developed by State Plans 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 Plans are free to
develop and enforce under State law their own requirements for safety
and health standards.
    OSHA previously concluded that promulgation of the beryllium
standard complies with E.O. 13132 (82 FR at 2633), so this final 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 final rule limits State policy
options in the same manner as every standard promulgated by OSHA. In
States with OSHA-approved State Plans, this rulemaking does not
significantly limit State policy options.

VIII. State Plans

    When federal OSHA promulgates a new standard or more stringent
amendment to an existing standard, the states and U.S. Territories with
their own OSHA-approved occupational safety and health plans (State
Plans) must promulgate a state standard adopting such new Federal
standard, or more stringent amendment to an existing Federal standard,
or an at least as effective equivalent thereof, within six months of
promulgation of the new Federal standard or more stringent amendment.
The state may demonstrate that a standard change is not necessary
because the state standard is already the same or at least as effective
as the Federal standard change. Because a state may include standards
and standard provisions that are equally or more stringent than Federal
standards, it would generally be unnecessary for a state to revoke a
standard when the comparable Federal standard is revoked or made less
stringent. To avoid delays in worker protection, the effective date of
the state standard and any of its delayed provisions must be the date
of state promulgation or the Federal effective date, whichever is
later. The Assistant Secretary may permit a longer time period if the
state makes a timely demonstration that good cause exists for extending
the time limitation (29 CFR 1953.5(a)).
    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 state and local
government employees: Connecticut, Illinois, Maine, New Jersey, New
York, and the Virgin Islands.
    As discussed in detail in Section III, Summary and Explanation of
the Final Rule, while many of the revised provisions in this final rule
provide equivalent protection to the provisions of the 2017 standards,
changes made by this final rule will clarify certain provisions and
simplify or improve employer compliance, for example, by clarifying the
medical definitions and medical surveillance provisions and aligning
them with the general industry standard. In the July 2020 general
industry final rule adopting many of the same clarifying revisions,
OSHA determined, in part based on comments received, that these
revisions enhance employee safety by ensuring provisions are not
misinterpreted (85 FR 42595). Accordingly, OSHA determined that it was
appropriate to require states to adopt the changes made by that final
rule.
    OSHA received no comments with respect to State Plans in this
rulemaking. After considering all of the changes made by this final
rule and the record as a whole, OSHA believes that this final rule also
enhances employee safety, in part, by revising confusing provisions.
Therefore, OSHA has determined that, within six months of the rule's
promulgation date, State Plans must review their state standards and
adopt amendments to those standards that are at least as effective as
the amendments to the beryllium construction and shipyard standard
finalized herein, as required by 29 CFR 1953.5(a), unless a State Plan
demonstrates that such amendments are not necessary because their
existing standards are already at least as effective at protecting
workers as this final rule.

IX. Unfunded Mandates Reform Act

    OSHA reviewed this final rule according to the Unfunded Mandates
Reform Act of 1995 (``UMRA''; 2 U.S.C. 1501 et seq.) and Executive
Order 13132 (64 FR 43255 (August 4, 1999)). As discussed above in
Section IV (``Final Economic Analysis'') of this preamble, the agency
has determined that this final rule would not impose significant
additional costs on any private- or public-sector entity. Further, OSHA
previously concluded that the 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 (82 FR at 2634).
Accordingly, this final rule will not require significant additional
expenditures by either public or private employers.
    As noted above under Section VIII, (``State-Plans''), the agency's
standards do not apply to State and local governments except in states
that have elected voluntarily to adopt a State Plan approved by the
agency. Consequently, this final rule does not meet the definition of a
``Federal intergovernmental mandate'' (see Section 421(5) of the UMRA
(2 U.S.C. 658(5))). Therefore, for the purposes of the UMRA, the agency
certifies that this final rule does not mandate that state, local, or
tribal governments adopt new, unfunded regulatory obligations of, or
increase expenditures by the private sector by, more than $100 million
in any year.

X. Environmental Impacts

    OSHA has reviewed this final 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 determined that this final rule will have no significant impact on
air, water, or soil quality; plant or animal life; the use of land; or
aspects of the external environment.

XI. Consultation and Coordination With Indian Tribal Governments

    OSHA reviewed this final rule in accordance with E.O. 13175 (65 FR
67249) and determined that it does not have ``tribal implications'' as
defined in that order. This final rule does not have substantial direct
effects on one or more Indian tribes, 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.

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 Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health, U.S. Department of Labor, 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 (January 25, 2012)); and 29 CFR part
1911.

    Signed at Washington, DC, on August 13, 2020.
Loren Sweatt,
Principal 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 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.

0
2. Amend Sec.  1915.1024 by:
0
a. In paragraph (b), add a definition for ``Beryllium sensitization''
in alphabetical order, revise the definitions for ``CBD diagnostic
center,'' ``Chronic beryllium disease (CBD),'' and ``Confirmed
positive,'' and remove the definitions of ``Emergency'' and ``High-
efficiency particulate air (HEPA) filter.''
0
b. Revise paragraph (f)(1)(i)(A).
0
c. Remove paragraphs (f)(1)(i)(B), (C), (D), (E), and (H).
0
d. Redesignate paragraphs (f)(1)(i)(F) and (G) as paragraphs
(f)(1)(i)(B) and (C).
0
e. In newly redesignated paragraph (f)(1)(i)(C), remove the word
``and'' at the end of the paragraph;
0
f. Add new paragraphs (f)(1)(i)(D) and (E).
0
g. Revise paragraphs (f)(1)(ii)(B), (f)(2), and (g)(1)(iii).
0
h. Remove paragraph (g)(1)(iv).
0
i. Redesignate paragraph (g)(1)(v) as paragraph (g)(1)(iv).
0
j. Revise paragraphs (h)(1) and (2) and (h)(3)(ii).
0
k. Remove paragraph (h)(3)(iii).
0
l. Remove and reserve paragraph (i).
0
m. Revise paragraphs (j) and (k)(1)(i)(B).
0
n. Remove paragraph (k)(1)(i)(C).
0
o. Redesignate paragraph (k)(1)(i)(D) as paragraph (k)(1)(i)(C).
0
p. Revise paragraphs (k)(2)(i)(B), (k)(2)(ii), (k)(3)(ii)(A),
(k)(4)(i), and (k)(7)(i) introductory text.
0
q. Redesignate paragraphs (k)(7)(ii) through (v) as paragraphs
(k)(7)(iii) through (vi).
0
r. Add a new paragraph (k)(7)(ii).
0
s. Revise paragraph (m)(1)(ii).
0
t. Remove paragraph (m)(3).
0
u. Redesignate paragraph (m)(4) as paragraph (m)(3).
0
v. Revise newly redesignated paragraphs (m)(3)(i) introductory text and
(m)(3)(ii)(A).
0
w. Remove newly redesignated paragraph (m)(3)(ii)(D).
0
x. Further redesignate newly redesignated paragraphs (m)(3)(ii)(E)
through (I) as paragraphs (m)(3)(ii)(D) through (H).
0
z. Revise newly redesignated paragraphs (m)(3)(ii)(D) and (m)(3)(iv)
and paragraphs (n)(1)(ii)(F), (n)(3)(ii)(A), and (n)(4)(i).
    The revisions and additions read as follows:

Sec.  1915.1024  Beryllium.

* * * * *
    (b) * * *
    Beryllium sensitization means a response in the immune system of a
specific individual who has been exposed to beryllium. There are no
associated physical or clinical symptoms and no illness or disability
with beryllium sensitization alone, but the response that occurs
through beryllium sensitization can enable the immune system to
recognize and react to beryllium. While not every beryllium-sensitized
person will develop chronic beryllium disease (CBD), beryllium
sensitization is essential for development of CBD.
    CBD diagnostic center means a medical diagnostic center that has a
pulmonologist or pulmonary specialist on staff and on-site facilities
to perform a clinical evaluation for the presence of chronic beryllium
disease (CBD). The CBD diagnostic center must have the capacity to
perform pulmonary function testing (as outlined by the American
Thoracic Society criteria), bronchoalveolar lavage (BAL), and
transbronchial biopsy. The CBD diagnostic center must also have the
capacity to transfer BAL samples to a laboratory for appropriate
diagnostic testing within 24 hours. The pulmonologist or pulmonary
specialist must be able to interpret the biopsy pathology and the BAL
diagnostic test results.
    Chronic beryllium disease (CBD) means a chronic granulomatous lung
disease caused by inhalation of airborne beryllium by an individual who
is beryllium-sensitized.
    Confirmed positive means the person tested has had two abnormal
BeLPT test results, an abnormal and a borderline test result, or three
borderline test results from tests conducted within a 3-year period. It
also means the result of a more reliable and accurate test indicating a
person has been identified as having beryllium sensitization.
* * * * *
    (f) * * *
    (1) * * *
    (i) * * *
    (A) A list of operations and job titles reasonably expected to
involve exposure to beryllium;
* * * * *
    (D) Procedures used to ensure the integrity of each containment
used to minimize exposures to employees outside of the containment; and
    (E) Procedures for removing, cleaning, and maintaining personal
protective clothing and equipment in accordance with paragraph (h) of
this standard.
    (ii) * * *
    (B) The employer is notified that an employee is eligible for
medical removal in accordance with paragraph (l)(1) of this standard,
referred for evaluation at a CBD diagnostic center, or shows signs or
symptoms associated with exposure to beryllium; or
* * * * *
    (2) Engineering and work practice controls. The employer must use
engineering and work practice controls to reduce and maintain employee
airborne exposure to beryllium to or below the TWA PEL and STEL, unless
the employer can demonstrate that such controls are not feasible.
Wherever the employer demonstrates that it is not feasible to reduce
airborne exposure to or below the PELs with engineering and work
practice controls, the employer must implement and maintain engineering
and work practice controls to reduce airborne exposure to the lowest
levels feasible and supplement these controls by using respiratory
protection in accordance with paragraph (g) of this standard.
* * * * *
    (g) * * *
    (1) * * *
    (iii) During operations for which an employer has implemented all
feasible engineering and work practice controls when such controls are
not sufficient to reduce airborne exposure to or below the TWA PEL or
STEL; and
* * * * *
    (h) * * *
    (1) Provision and use. Where airborne exposure exceeds, or can
reasonably be expected to exceed, the TWA PEL or STEL, the employer
must provide at no cost, and ensure that each employee uses,
appropriate personal protective

clothing and equipment in accordance with the written exposure control
plan required under paragraph (f)(1) of this standard and OSHA's
Personal Protective Equipment standards for shipyards (subpart I of
this part).
    (2) Removal of personal protective clothing and equipment. (i) The
employer must ensure that each employee removes all personal protective
clothing and equipment required by this standard at the end of the work
shift or at the completion of all tasks involving beryllium, whichever
comes first.
    (ii) The employer must ensure that personal protective clothing and
equipment required by this standard is not removed in a manner that
disperses beryllium into the air, and is removed as specified in the
written exposure control plan required by paragraph (f)(1) of this
standard.
    (iii) The employer must ensure that no employee with reasonably
expected exposure above the TWA PEL or STEL removes personal protective
clothing and equipment required by this standard from the workplace
unless it has been cleaned in accordance with paragraph (h)(3)(ii) of
this standard.
    (3) * * *
    (ii) The employer must ensure that beryllium is not removed from
personal protective clothing and equipment required by this standard by
blowing, shaking, or any other means that disperses beryllium into the
air.
* * * * *
    (j) Housekeeping. (1) When cleaning dust resulting from operations
that cause, or can reasonably be expected to cause, airborne exposure
above the TWA PEL or STEL, the employer must ensure the use of methods
that minimize the likelihood and level of airborne exposure.
    (2) The employer must not allow dry sweeping or brushing for
cleaning up dust resulting from operations that cause, or can
reasonably be expected to cause, airborne exposure above the TWA PEL or
STEL unless methods that minimize the likelihood and level of airborne
exposure are not safe or effective.
    (3) The employer must not allow the use of compressed air for
cleaning where the use of compressed air causes, or can reasonably be
expected to cause, airborne exposure above the TWA PEL or STEL.
    (4) Where employees use dry sweeping, brushing, or compressed air
to clean, the employer must provide, and ensure that each employee
uses, respiratory protection and personal protective clothing and
equipment in accordance with paragraphs (g) and (h) of this standard.
    (5) The employer must ensure that cleaning equipment is handled and
maintained in a manner that minimizes the likelihood and level of
airborne exposure and the re-entrainment of airborne beryllium in the
workplace.
    (k) * * *
    (1) * * *
    (i) * * *
    (B) Who shows signs or symptoms of CBD or other beryllium-related
health effects; or
* * * * *
    (2) * * *
    (i) * * *
    (B) An employee meets the criteria of paragraph (k)(1)(i)(B) of
this standard.
    (ii) At least every two years thereafter for each employee who
continues to meet the criteria of paragraph (k)(1)(i)(A), (B), or (C)
of this standard.
* * * * *
    (3) * * *
    (ii) * * *
    (A) A medical and work history, with emphasis on past and present
exposure to beryllium, smoking history, and any history of respiratory
system dysfunction;
* * * * *
    (4) * * *
    (i) A description of the employee's former and current duties that
relate to the employee's exposure to beryllium;
* * * * *
    (7) * * *
    (i) The employer must provide an evaluation at no cost to the
employee at a CBD diagnostic center that is mutually agreed upon by the
employer and the employee. The evaluation at the CBD diagnostic center
must be scheduled within 30 days, and must occur within a reasonable
time, of:
* * * * *
    (ii) The evaluation must include any tests deemed appropriate by
the examining physician at the CBD diagnostic center, such as pulmonary
function testing (as outlined by the American Thoracic Society
criteria), bronchoalveolar lavage (BAL), and transbronchial biopsy. If
any of the tests deemed appropriate by the examining physician are not
available at the CBD diagnostic center, they may be performed at
another location that is mutually agreed upon by the employer and the
employee.
* * * * *
    (m) * * *
    (1) * * *
    (ii) Employers must include beryllium in the hazard communication
program established to comply with the HCS. Employers must ensure that
each employee has access to labels on containers of beryllium and to
safety data sheets, and is trained in accordance with the requirements
of the HCS (29 CFR 1910.1200) and paragraph (m)(3) of this standard.
* * * * *
    (3) * * *
    (i) For each employee who has, or can reasonably be expected to
have, airborne exposure to beryllium;
* * * * *
    (ii) * * *
    (A) The health hazards associated with exposure to beryllium,
including the signs and symptoms of CBD;
* * * * *
    (D) Measures employees can take to protect themselves from exposure
to beryllium;
* * * * *
    (iv) The employer must make a copy of this standard and its
appendices readily available at no cost to each employee and designated
employee representative(s).
    (n) * * *
    (1) * * *
    (ii) * * *
    (F) The name and job classification of each employee represented by
the monitoring, indicating which employees were actually monitored.
* * * * *
    (3) * * *
    (ii) * * *
    (A) Name and job classification;
* * * * *
    (4) * * *
    (i) At the completion of any training required by this standard,
the employer must prepare a record that indicates the name and job
classification of each employee trained, the date the training was
completed, and the topic of the training.
* * * * *

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

Subpart Z--Toxic and Hazardous Substances

0
3. The authority citation for part 1926, subpart Z, continues to read
as follows:

    Authority:  40 U.S.C. 3704; 29 U.S.C. 653, 655, 657; and
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) as applicable; and 29 CFR
part 1911.
    Section 1926.1102 not issued under 29 U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 553.

0
4. Amend Sec.  1926.1124 by:

0
a. In paragraph (b), add a definition for ``Beryllium sensitization''
in alphabetical order, revise the definitions for ``CBD diagnostic
center,'' ``Chronic beryllium disease (CBD),'' and ``Confirmed
positive,'' and remove the definitions of ``Emergency'' and ``High-
efficiency particulate air (HEPA) filter.''
0
b. Revise paragraph (f)(1)(i)(A).
0
c. Remove paragraphs (f)(1)(i)(B), (C), (D), (E), and (H).
0
d. Redesignate paragraphs (f)(1)(i)(F), (G), and (I) as paragraphs
(f)(1)(i)(B), (C), and (D).
0
e. Remove the period at the end of newly redesignated paragraph
(f)(1)(i)(D) and add a semicolon in its place.
0
f. Add new paragraphs (f)(1)(i)(E) and (F).
0
g. Revise paragraphs (f)(1)(ii)(B), (f)(2), and (g)(1)(iii).
0
h. Remove paragraph (g)(1)(iv).
0
i. Redesignate paragraph (g)(1)(v) as paragraph (g)(1)(iv).
0
j. Revise paragraphs (h)(1) and (2) and (h)(3)(ii).
0
k. Remove paragraph (h)(3)(iii).
0
l. Remove and reserve paragraph (i).
0
m. Revise paragraphs (j) and (k)(1)(i)(B).
0
n. Remove paragraph (k)(1)(i)(C).
0
o. Redesignate paragraph (k)(1)(i)(D) as paragraph (k)(1)(i)(C).
0
p. Revise paragraphs (k)(2)(i)(B), (k)(2)(ii), (k)(3)(ii)(A),
(k)(4)(i), and (k)(7)(i) introductory text.
0
q. Redesignate paragraphs (k)(7)(ii) through (v) as paragraphs
(k)(7)(iii) through (vi).
0
r. Add a new paragraph (k)(7)(ii).
0
s. Remove paragraph (m)(2).
0
t. Redesignate paragraph (m)(3) as paragraph (m)(2).
0
u. Revise newly redesignated paragraphs (m)(2)(i) introductory text and
(m)(2)(ii)(A).
0
v. Remove newly redesignated paragraph (m)(2)(ii)(D).
0
w. Further redesignate newly redesignated paragraphs (m)(2)(ii)(E)
through (I) as paragraphs (m)(2)(ii)(D) through (H).
0
x. Revise newly redesignated paragraphs (m)(2)(ii)(D) and (m)(2)(iv)
and paragraphs (n)(1)(ii)(F), (n)(3)(ii)(A), and (n)(4)(i).
    The revisions and additions read as follows:

Sec.  1926.1124  Beryllium.

* * * * *
    (b) * * *
    Beryllium sensitization means a response in the immune system of a
specific individual who has been exposed to beryllium. There are no
associated physical or clinical symptoms and no illness or disability
with beryllium sensitization alone, but the response that occurs
through beryllium sensitization can enable the immune system to
recognize and react to beryllium. While not every beryllium-sensitized
person will develop chronic beryllium disease (CBD), beryllium
sensitization is essential for development of CBD.
    CBD diagnostic center means a medical diagnostic center that has a
pulmonologist or pulmonary specialist on staff and on-site facilities
to perform a clinical evaluation for the presence of chronic beryllium
disease (CBD). The CBD diagnostic center must have the capacity to
perform pulmonary function testing (as outlined by the American
Thoracic Society criteria), bronchoalveolar lavage (BAL), and
transbronchial biopsy. The CBD diagnostic center must also have the
capacity to transfer BAL samples to a laboratory for appropriate
diagnostic testing within 24 hours. The pulmonologist or pulmonary
specialist must be able to interpret the biopsy pathology and the BAL
diagnostic test results.
    Chronic beryllium disease (CBD) means a chronic granulomatous lung
disease caused by inhalation of airborne beryllium by an individual who
is beryllium-sensitized.
* * * * *
    Confirmed positive means the person tested has had two abnormal
BeLPT test results, an abnormal and a borderline test result, or three
borderline test results from tests conducted within a 3-year period. It
also means the result of a more reliable and accurate test indicating a
person has been identified as having beryllium sensitization.
* * * * *
    (f) * * *
    (1) * * *
    (i) * * *
    (A) A list of operations and job titles reasonably expected to
involve exposure to beryllium;
* * * * *
    (E) Procedures used to ensure the integrity of each containment
used to minimize exposures to employees outside the containment; and
    (F) Procedures for removing, cleaning, and maintaining personal
protective clothing and equipment in accordance with paragraph (h) of
this standard.
    (ii) * * *
    (B) The employer is notified that an employee is eligible for
medical removal in accordance with paragraph (l)(1) of this standard,
referred for evaluation at a CBD diagnostic center, or shows signs or
symptoms associated with exposure to beryllium; or
* * * * *
    (2) Engineering and work practice controls. The employer must use
engineering and work practice controls to reduce and maintain employee
airborne exposure to beryllium to or below the TWA PEL and STEL, unless
the employer can demonstrate that such controls are not feasible.
Wherever the employer demonstrates that it is not feasible to reduce
airborne exposure to or below the PELs with engineering and work
practice controls, the employer must implement and maintain engineering
and work practice controls to reduce airborne exposure to the lowest
levels feasible and supplement these controls by using respiratory
protection in accordance with paragraph (g) of this standard.
* * * * *
    (g) * * *
    (1) * * *
    (iii) During operations for which an employer has implemented all
feasible engineering and work practice controls when such controls are
not sufficient to reduce airborne exposure to or below the TWA PEL or
STEL; and
* * * * *
    (h) * * *
    (1) Provision and use. Where airborne exposure exceeds, or can
reasonably be expected to exceed, the TWA PEL or STEL, the employer
must provide at no cost, and ensure that each employee uses,
appropriate personal protective clothing and equipment in accordance
with the written exposure control plan required under paragraph (f)(1)
of this standard and OSHA's Personal Protective and Life Saving
Equipment standards for construction (subpart E of this part).
    (2) Removal of personal protective clothing and equipment. (i) The
employer must ensure that each employee removes all personal protective
clothing and equipment required by this standard at the end of the work
shift or at the completion of all tasks involving beryllium, whichever
comes first.
    (ii) The employer must ensure that personal protective clothing and
equipment required by this standard is not removed in a manner that
disperses beryllium into the air, and is removed as specified in the
written exposure control plan required by paragraph (f)(1) of this
standard.
    (iii) The employer must ensure that no employee with reasonably
expected exposure above the TWA PEL or STEL removes personal protective
clothing and equipment required by this

standard from the workplace unless it has been cleaned in accordance
with paragraph (h)(3)(ii) of this standard.
    (3) * * *
    (ii) The employer must ensure that beryllium is not removed from
personal protective clothing and equipment required by this standard by
blowing, shaking, or any other means that disperses beryllium into the
air.
* * * * *
    (j) Housekeeping. (1) When cleaning up dust resulting from
operations that cause, or can reasonably be expected to cause, airborne
exposure above the TWA PEL or STEL, the employer must ensure the use of
methods that minimize the likelihood and level of airborne exposure.
    (2) The employer must not allow dry sweeping or brushing for
cleaning up dust resulting from operations that cause, or can
reasonably be expected to cause, airborne exposure above the TWA PEL or
STEL unless methods that minimize the likelihood and level of airborne
exposure are not safe or effective.
    (3) The employer must not allow the use of compressed air for
cleaning where the use of compressed air causes, or can reasonably be
expected to cause, airborne exposure above the TWA PEL or STEL.
    (4) Where employees use dry sweeping, brushing, or compressed air
to clean, the employer must provide, and ensure that each employee
uses, respiratory protection and personal protective clothing and
equipment in accordance with paragraphs (g) and (h) of this standard.
    (5) The employer must ensure that cleaning equipment is handled and
maintained in a manner that minimizes the likelihood and level of
airborne exposure and the re-entrainment of airborne beryllium in the
workplace.
    (k) * * *
    (1) * * *
    (i) * * *
    (B) Who shows signs or symptoms of CBD or other beryllium-related
health effects; or
* * * * *
    (2) * * *
    (i) * * *
    (B) An employee meets the criteria of paragraph (k)(1)(i)(B) of
this standard.
    (ii) At least every two years thereafter for each employee who
continues to meet the criteria of paragraph (k)(1)(i)(A), (B), or (C)
of this standard.
* * * * *
    (3) * * *
    (ii) * * *
    (A) A medical and work history, with emphasis on past and present
exposure to beryllium, smoking history, and any history of respiratory
system dysfunction;
* * * * *
    (4) * * *
    (i) A description of the employee's former and current duties that
relate to the employee's exposure to beryllium;
* * * * *
    (7) * * *
    (i) The employer must provide an evaluation at no cost to the
employee at a CBD diagnostic center that is mutually agreed upon by the
employer and the employee. The evaluation at the CBD diagnostic center
must be scheduled within 30 days, and must occur within a reasonable
time, of:
* * * * *
    (ii) The evaluation must include any tests deemed appropriate by
the examining physician at the CBD diagnostic center, such as pulmonary
function testing (as outlined by the American Thoracic Society
criteria), bronchoalveolar lavage (BAL), and transbronchial biopsy. If
any of the tests deemed appropriate by the examining physician are not
available at the CBD diagnostic center, they may be performed at
another location that is mutually agreed upon by the employer and the
employee.
* * * * *
    (m) * * *
    (2) * * *
    (i) For each employee who has, or can reasonably be expected to
have, airborne exposure to beryllium:
* * * * *
    (ii) * * *
    (A) The health hazards associated with exposure to beryllium,
including the signs and symptoms of CBD;
* * * * *
    (D) Measures employees can take to protect themselves from exposure
to beryllium;
* * * * *
    (iv) The employer must make a copy of this standard and its
appendices readily available at no cost to each employee and designated
employee representative(s).
    (n) * * *
    (1) * * *
    (ii) * * *
    (F) The name and job classification of each employee represented by
the monitoring, indicating which employees were actually monitored.
* * * * *
    (3) * * *
    (ii) * * *
    (A) Name and job classification;
* * * * *
    (4) * * *
    (i) At the completion of any training required by this standard,
the employer must prepare a record that indicates the name and job
classification of each employee trained, the date the training was
completed, and the topic of the training.
* * * * *
[FR Doc. 2020-18017 Filed 8-28-20; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: October 24, 2008 (Volume 73, Number 207)]
[Rules and Regulations]
[Page 63361-63362]
[DOCID:fr24oc08-9]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 210 and 211

[Docket No. FDA-2007-N-0379] (formerly Docket No. 2007N-0280)

Amendments to the Current Good Manufacturing Practice Regulations
for Finished Pharmaceuticals; Final Rule; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is correcting a final
rule that appeared in the Federal Register of Monday, September 8, 2008
(73 FR 51919). The final rule was published with an inadvertent error
in the ``Analysis of Impacts'' section. This document corrects that
error.

FOR FURTHER INFORMATION CONTACT: Diane Sullivan, Office of Policy (HF-
26), Food and Drug Administration, 5600 Fishers Lane, rm. 12A-11,
Rockville, MD 20857,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In FR Doc. E8-20709, appearing on page 51919
in the Federal Register of Monday, September 8, 2008, the following
correction is made:
    1. On page 51931, in the first column, under ``IV. Analysis of
Impacts,'' in the first full paragraph, the sentence ``The agency
believes that this final rule is not a significant regulatory action as
defined by the Executive order, because the rule either clarifies the
agency's longstanding interpretation of, or increases latitude for
manufacturers in complying with, existing CGMP requirements'' is
corrected to read ``The agency certifies that this final rule is not a
significant regulatory action as defined by the Executive order,
because the rule either clarifies the agency's longstanding
interpretation of, or increases latitude for manufacturers in complying
with, existing CGMP requirements.''

    Dated: October 16, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-25471 Filed 10-23-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Proposed Rules]
[Pages 7655-7656]
[FR Doc No: 2023-02413]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

RIN 0694-XC096

Brain Computer Interface (BCI) Two-Day Hybrid Conference at the
Department of Commerce

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Announcement of the Brain-Computer Interface (BCI) two-day
hybrid conference.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Industry and Security (BIS) is announcing a two-
day hybrid (in-person and virtual) conference with industry and other
experts from academia on Brain-Computer Interface (BCI) technology
(hereinafter, the BCI conference). This document describes the purpose
and scope of the BCI conference and the procedures for attending or
requesting to speak. In an advance notice of proposed rulemaking
(ANPRM) published on October 26, 2021, BIS requested input from the
public and industry concerning the potential uses of BCI technology,
particularly with respect to its impact on U.S. national security.
While the comments submitted in response to the ANPRM increased BIS's
understanding of BCI technology, the BCI conference is intended to
further both BIS's and the public's understanding of the current status
of BCI technology and anticipated future developments in research and
applications.

DATES:
    BCI conference: The BCI conference will be held on February 16 and
17, 2023. On February 16, 2023, the proceedings will begin at 9:00 a.m.
Eastern Standard Time (EST) and conclude at 3:30 p.m. EST. On February
17, 2023, the BCI conference proceedings will begin at 9:00 a.m. EST
and conclude at 11:45 a.m. EST. The Microsoft Teams link for this event
is available on the BIS website at https://www.bis.doc.gov/BCIconference2023.
    Recording: Within 7 business days after the BCI conference, BIS
will post a link on the BIS website at https://www.bis.doc.gov/BCIconference2023 to a recording on MS Teams. This recording will
include captioning to make the recording accessible to people with
disabilities.

FOR FURTHER INFORMATION CONTACT: For questions or concerns, please
contact Dr. Betty Lee, Chemical and Biological Controls Division,
Bureau of Industry and Security, Department of Commerce at phone number
at<PHONE_NUMBER>; or email at [email protected] and include ``BCI
conference'' in the subject line. For technical help for the BCI
conference, please contact [email protected].

SUPPLEMENTARY INFORMATION:

Background

Purpose

    In this document, the Bureau of Industry and Security (BIS) is
announcing a two-day hybrid (in-person and virtual) conference with
industry and other experts (e.g., from research institutions) on Brain-
Computer Interface (BCI) technology. This document describes the
purpose and scope of the BCI conference and the procedures for
attending or requesting to speak. The BCI conference is intended to
further BIS's and the public's understanding of the current status and
future developments in BCI technology and anticipated future
developments in research and applications. The information obtained
through the BCI conference will assist BIS in assessing BCI
technology's national security implications in connection with
potential regulation under the Export Administration Regulations, 15
CFR parts 730 through 774 (EAR) as a ``Section 1758 technology''
consistent with Section 1758 of the Export Control Reform Act of 2018,
50 U.S.C. 4817 (ECRA). Section 1758 of ECRA authorizes BIS to establish
appropriate controls on the export, reexport, or transfer (in-country)
of emerging and foundational technologies that are essential to the
national security of the United States (referred to by BIS as ``Section
1758 technologies'').
    In October 2021, BIS published an advance notice of proposed
rulemaking (ANPRM) (86 FR 59070 (Oct. 26, 2021)). This ANPRM requested
comments from the public and industry concerning the potential uses of
BCI technology, particularly with respect to its impact on U.S.
national security (e.g., whether such technology could provide the
United States, or any of its adversaries, with a qualitative military
or intelligence advantage). BIS received 18 comments. The majority of
comments stated that BCI technology is used for medical purposes to
assist patients that are paralyzed and should not be controlled. These
comments highlighted the fact that BCI technology is currently being
monitored for future advances and commercialization. Given the limited
number of comments, and the innovations made in BCI technology in

the intervening years, BIS hopes to obtain additional information at
the BCI conference, including as to innovations, current research
initiatives and applications, and information regarding national
security implications. BIS is not seeking consensus advice or
recommendations from the invited speakers or any members of the public.
Instead, it is interested in learning from the perspectives of
individuals in their own capacity or as members of a company or entity.
Any information provided during the BCI conference, including remarks
by industry and academia participants and members of the public, will
be made part of the record in any future rulemaking pertaining to BCI
technology.

Agenda

    Following opening remarks by BIS officials, Day 1 will focus on
understanding the neurotech industry. It will include speakers from
leading companies and academic institutions involved in BCI technology
who will address patient advocacy for obtaining BCI technology for
patients, government funding for BCI technology, BCI technology state
of the art and applications, and the importance of developing BCI
technology further and expanding its usage. The rest of Day 1 will
feature presentations by leaders in the BCI technology industry and
community, e.g., leaders in research institutes in this area. While the
Day 2 agenda is still being finalized, it will include additional
remarks by BIS officials on export controls, including how BIS
identifies Section 1758 technologies. This session will be followed by
speakers from leading companies and academic research institutions
involved in BCI, along with other speakers who will address existing
work being done on ethics involving BCI technology and dual-use
applications for BCI technology. As detailed below, interested members
of the public may request to speak at the conference by following the
procedures identified in this document. Once the agenda is finalized,
BIS will post the final agenda for the BIS conference on the BIS
website at https://www.bis.doc.gov/BCIconference2023.
    The seventeen speakers who have been identified by BIS to speak at
this conference are leaders and experts in the BCI industry and
community, e.g., researchers and scholars at academic research
institutes, and have been invited to give an overview of the current
state of the art, including recent innovations in BCI technology,
including potential dual-use applications that could be of concern for
national security reasons.

Procedure for Attending or Viewing the BCI Conference via Microsoft
Teams

    RSVP for in-person attendance: As the room capacity is limited to
45 persons, the public is encouraged to participate virtually.
Individuals who wish to attend the BCI conference in person are
required to RSVP by emailing [email protected] and include the
subject line ``Request to attend BCI conference'' in the email. In the
email, please provide your name, job title, organization name, contact
information, and a brief description (no longer than 3 sentences) on
why you are interested in attending the BCI conference in person.
Requests to attend the BCI conference in person must be submitted by
5:00 p.m. EST on February 10, 2023. BIS will notify persons selected to
attend in person no later than 5:00 p.m. EST on February 14, 2023, with
priority given to persons who are selected to make a presentation on
the second day of the BCI conference. Persons interested in attending
the BCI conference in person on both days and making a presentation on
the second day do not need to submit an RSVP email and instead should
follow the guidance below under ``Procedures for requests to make a
presentation at the BCI conference.'' Please note that individuals who
wish to attend the BCI conference virtually are not required to submit
an RSVP request.
    Webcast: As noted in the Dates section of this document, the BCI
conference will be available live via Microsoft Teams. See the Dates
section for Microsoft Teams link to attend virtually.
    Visitor Access Requirement: For individuals attending in person,
please note that identification is required for access and that Federal
agencies will only accept a state-issued driver's license or
identification card for access to Federal facilities if such license or
identification card is issued by a state that is compliant with the
REAL ID Act of 2005 (Pub. L. 109-13), or by a state that has an
extension for REAL ID compliance. The main entrance of the Department
of Commerce is located at 1401 Constitution Avenue NW, Washington, DC
20230, between Pennsylvania Avenue and Constitution Avenue and directly
across from the Ronald Reagan Building. Upon entering the building,
please go through security and check in at the guard's desk. BIS staff
will meet and escort visitors to the auditorium.
    Non-U.S. Citizens/Non-Permanent Residents: All foreign national
visitors who do not have permanent resident status in the United States
and who wish to register to attend the BCI conference in person must
send an email to [email protected] to request registration
instructions no later than 5:00 p.m. EST on February 7, 2023. Please
also bring a copy of your passport on the day of the hearing to serve
as identification.

Procedures for Requests To Make a Presentation at the BCI Conference

    The agenda for the BCI conference includes several leading experts
in BCI technology from industry and academia. Other participants
attending in person or virtually will have an opportunity to ask
questions. In addition, there will be a limited number of spots for
individuals to make short presentations either in person or virtually
on February 17, the second day of the BCI conference.
    Individuals who wish to make a presentation at the BCI conference
on February 17, either in person or virtually, who have not already
been identified by BIS as speakers are required to submit an email by
5:00 p.m. EST on Friday, February 10, 2023, to [email protected]
with the subject line ``Request to speak at BCI conference.'' In that
email, please include your name, job title, organization name, contact
information, a brief description (no longer than 3 sentences) of why
you are interested in speaking, a copy of any slides that will be used,
and specify whether you will be attending in person or virtually. The
email must also include a copy of any presentation that you plan to
use. Presentations must be no longer than 10 minutes. BIS reserves the
right to impose additional time constraints in order to accommodate
potential speakers. In selecting speakers, BIS will seek to represent a
range of views. BIS will notify persons selected to speak no later than
5:00 p.m. EST on February 14, 2023.

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-02413 Filed 2-3-23; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1444-1445]
[FR Doc No: 2023-00234]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land Use Assurance
Centennial Airport, Centennial, Colorado

AGENCY: Federal Aviation Administration, (FAA), DOT.

ACTION: Notice of request to waive aeronautical land use assurance.

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to rule and invite public comment on a
proposal from the Centennial Airport, Executive Director to change a
portion of the airport from aeronautical use to non-aeronautical use at
Centennial Airport, Englewood, Colorado. The proposal involves a parcel
of airport property on the Northeast side of the airfield.

DATES: Comments are due within 30 days of the date of the publication
of this notice in the Federal Register. Emailed comments can be
provided to Mr. Michael Matz, Project Manager/Compliance Specialist,
Denver Airports District Office, [email protected], (303) 342-
1251.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Fronapfel, Executive
Director,

Centennial Airport, 7565 South Peoria Street, Unit D9, Englewood, CO
80112, [email protected],<PHONE_NUMBER>; or Michael
Matz, Project Manager/Compliance Specialist, Denver Airports District
Office, 26805 E 68th Ave., Suite 224, Denver, CO 80249,
[email protected],<PHONE_NUMBER>. Documents reflecting this FAA
action may be reviewed at the above locations.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to change a portion of the airport from aeronautical use to
non-aeronautical use under the provisions of Title 49, U.S.C. 47153(c),
and 47107(h)(2). The proposal consists of 15.949 acres located North of
S Peoria St. near the intersection of S Peoria St. and Broncos Pkwy.
The land is currently identified as Aeronautical Use on the Airport
Layout Plan (ALP). There is an existing FAA Flight Service Station
bordering this area that will not be part of the release request. This
section of Parcel 1 is separated from the majority of airport property
by S Peoria St. The FAA concurs that the parcel is no longer needed for
airport purposes. The proposed use of this property is compatible with
existing airport operations in accordance with FAA's Policy and
Procedures Concerning the Use of Airport Revenue, as published in the
Federal Register on February 16, 1999.

    Issued in Denver, Colorado, on January 4, 2023.
Marc Miller,
Acting Manager, Denver Airports District Office.
[FR Doc. 2023-00234 Filed 1-9-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Proposed Rules]
[Pages 53199-53201]
[FR Doc No: 2018-22911]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0948]
RIN 1625-AA00

Safety Zone; Delaware River; Camden, NJ; Fireworks Display

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on a portion of the Delaware River in Camden, NJ. This action is
necessary to protect the surrounding public and vessels on these
navigable waters adjacent to the Battleship New Jersey Museum and
Memorial, Camden, NJ, during a fireworks display on November 14, 2018.
This proposed rulemaking would prohibit persons and vessels from
entering, transiting, or remaining within the safety zone unless
authorized by the Captain of the Port Delaware Bay or a designated
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before November 6, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0948 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Thomas Welker, U.S.
Coast Guard, Sector Delaware Bay, Waterways Management Division;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On September 14, 2018, Rexel, Inc notified the Coast Guard that it
will be conducting a fireworks display from 8:35 p.m. to 8:55 p.m. on
November 14, 2018. The fireworks are to be launched from a barge in the
Delaware River adjacent to the Battleship New Jersey Museum and
Memorial, Camden, NJ. Hazards from fireworks displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. The Captain of the Port Delaware Bay (COTP)
has determined that potential hazards associated with the fireworks to
be used in this display would be a safety concern for anyone within a
600-foot radius of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 600-foot radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from approximately
8:15 p.m. through 9:15 p.m. on November 14, 2018. The safety zone would
cover all navigable waters within 600 feet of a fireworks barge in the
Delaware River adjacent to the Battleship New Jersey Museum and
Memorial, Camden, NJ. The barge will be anchored in approximate
position 39[deg]56'20'' N Latitude, 075[deg]08'08'' W Longitude. The
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the scheduled 8:35
p.m. to 8:55 p.m. fireworks display. No vessel or person would be
permitted to enter, transit, or remain within the safety zone without
obtaining permission from the COTP or a designated representative. The
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the Delaware River for one hour
during the evening when vessel traffic is normally low. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.

    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This proposed rule involves a safety zone lasting one hour
that would prohibit entry within 600 feet of a fireworks barge.
Normally such actions are categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T05-0948 to read as follows:

Sec.  165.T05-0948   Safety Zone; Delaware River; Camden, NJ; Fireworks
Display.

    (a) Location. The following area is a safety zone: all waters of
the Delaware River within a 600-foot radius of the fireworks barge,
which will be anchored in approximate position 39[deg]56'20'' N
Latitude 075[deg]08'08'' W Longitude. All coordinates are based on
Datum NAD 1983.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard petty
officer, warrant or commissioned officer on board a Coast Guard vessel
or on board a federal, state, or local law enforcement vessel assisting
the Captain of the Port, Delaware Bay in the enforcement of the safety
zone.

    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part--
    (i) You may not enter the safety zone described in paragraph (a) of
this section unless authorized by the COTP or the COTP's designated
representative; and
    (ii) All persons and vessels in the safety zone must comply with
all lawful orders or directions given to them by the COTP or the COTP's
designated representative.
    (2) To request permission to enter the safety zone, contact the
COTP or the COTP's representative on marine band radio VHF-FM channel
16 (156.8 MHz) or<PHONE_NUMBER>.
    (3) No vessel may take on bunkers or conduct lightering operations
within the safety zone during the enforcement period.
    (4) This section applies to all vessels except those engaged in law
enforcement, aids to navigation servicing, and emergency response
operations.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by federal, state, and local
agencies.
    (e) Enforcement period. This zone will be enforced from 8:15 p.m.
through 9:15 p.m. on November 14, 2018.

    Dated: October 15, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-22911 Filed 10-19-18; 8:45 am]
 BILLING CODE 9110-04-P