Federal Register - February 24, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations P.O. Box 2000, South Hackensack, NJ 07606;
telephone 2014406700; internet https
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6 You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 2062313195. This material may be found in the AD docket on the internet at https
www.regulations.gov by searching for and locating Docket No. FAA20200980.
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Issued on January 29, 2021.
Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service.
FR Doc. 202103603 Filed 22321; 8:45 am BILLING CODE 491013P
DEPARTMENT OF LABOR
Occupational Safety and Health Administration 29 CFR Parts 1915 and 1926
RIN 1218AD29
Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors;
Correction Occupational Safety and Health Administration OSHA, Labor.
ACTION: Final rule; correction and correcting amendment.
AGENCY:
OSHA is making minor changes to the final rule published on August 31, 2020, titled Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors, to correct inadvertent errors in the published rule.
DATES: Effective February 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Frank Meilinger, Director, OSHA Office of Communications; telephone: 202 693
1999; email: meilinger.francis2@dol.gov.
General and technical information:
Maureen Ruskin, Acting Director, OSHA
Directorate of Standards and Guidance;
telephone: 202 6931955; email:
ruskin.maureen@dol.gov.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
I. Summary and Explanation On August 31, 2020, OSHA published a final rule revising the standards for occupational exposure to beryllium and beryllium compounds in the
VerDate Sep<11>2014
16:14 Feb 23, 2021
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construction and shipyard sectors 85
FR 53910. The document inadvertently failed to revise paragraph k7ii of both standards in the Code of Federal Regulations CFR, as the final rule purported to do. The document also failed to include the correct language for these revised provisions in two tables in the Economic Feasibility Analysis and Regulatory Flexibility Certification section of the preamble. OSHA is publishing this document to correct these errors.
II. Exemption From Notice-andComment Procedures OSHA has determined that these corrections are not subject to the procedures for public notice and comment specified in Section 4 of the Administrative Procedures Act 5 U.S.C.
553 or Section 6b of the Occupational Safety and Health Act of 1970 29 U.S.C.
655b. This rulemaking only corrects minor errors and does not affect or change any existing rights or obligations. No stakeholder is likely to object to these corrections. Therefore, the agency finds good cause that public notice and comment are unnecessary within the meaning of 5 U.S.C.
553b3B, 29 U.S.C. 655b, and 29
CFR 1911.5.
Preamble Corrections In FR Doc. 202018017 appearing on page 53910 in the Federal Register of August 31, 2020 85 FR 53910, make the following corrections in the Economic Feasibility Analysis and Regulatory Flexibility Certification section of the preamble.
1. On page 53991, in the third column, in Table VI.1, the sixth paragraph is corrected to read as follows:
Added a new requirement in paragraph k7ii that the employer must ensure that, as part of the evaluation, the employee is offered 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.
2. On page 53994, in the third column, in Table VI.2, the first paragraph is corrected to read as follows:
Added a new requirement in paragraph k7ii that the employer
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must ensure that, as part of the evaluation, the employee is offered 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.
List of Subjects 29 CFR Part 1915
Beryllium, Health, Occupational Safety and Health, Shipyards.
29 CFR Part 1926
Beryllium, Construction, Health, Occupational Safety and Health.
Authority and Signature Amanda L. Edens, Deputy Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, directed the preparation of this notice pursuant to 29 U.S.C. 653, 655, and 657, Secretary of Labors Order 8
2020 85 FR 58393; Sept. 18, 2020, and 29 CFR part 1911.
Signed at Washington, DC, on February 4, 2021.
Amanda L. Edens Deputy Assistant Secretary of Labor for Occupational Safety and Health.
For reasons stated in the preamble, the Occupational Safety and Health Administration corrects 29 CFR parts 1915 and 1926 with the following correcting amendments:
PART 1915OCCUPATIONAL SAFETY
AND HEALTH STANDARDS FOR
SHIPYARD EMPLOYMENT
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 Labors Order No. 12
71 36 FR 8754; 876 41 FR 25059, 983
48 FR 35736, 190 55 FR 9033, 696 62
FR 111, 32000 65 FR 50017, 52002 67
FR 65008, 52007 72 FR 31160, 42010 75
FR 55355, or 12012 77 FR 3912; 29 CFR
part 1911; and 5 U.S.C. 553, as applicable.
2. In 1915.1024, revise paragraph k7ii to read as follows:
1915.1024
Beryllium.
k
7
ii The employer must ensure that, as part of the evaluation, the employee is offered any tests deemed appropriate by
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