[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Rules and Regulations]
[Pages 11119-11120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02809]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1915 and 1926

RIN 1218-AD29


Occupational Exposure to Beryllium and Beryllium Compounds in 
Construction and Shipyard Sectors; Correction

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Final rule; correction and correcting amendment.

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SUMMARY: 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: 
<a href="/cdn-cgi/l/email-protection#4b262e222722252c2e39652d392a25282238790b2f2427652c243d"><span class="__cf_email__" data-cfemail="49242c202520272e2c3b672f3b28272a203a7b092d2625672e263f">[email protected]</span></a>.
    General and technical information: Maureen Ruskin, Acting Director, 
OSHA Directorate of Standards and Guidance; telephone: (202) 693-1955; 
email: <a href="/cdn-cgi/l/email-protection#6f1d1a1c04060141020e1a1d0a0a012f0b000341080019"><span class="__cf_email__" data-cfemail="6c1e191f07050242010d191e0909022c080300420b031a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

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 construction and shipyard sectors (85 FR 53910). The 
document inadvertently failed to revise paragraph (k)(7)(ii) 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-and-Comment 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 6(b) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). 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. 
553(b)(3)(B), 29 U.S.C. 655(b), and 29 CFR 1911.5.

Preamble Corrections

    In FR Doc. 2020-18017 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 (k)(7)(ii) 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 (k)(7)(ii) 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.''

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 Labor's 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 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. In Sec.  1915.1024, revise paragraph (k)(7)(ii) to read as follows:


Sec.  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

[[Page 11120]]

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.
* * * * *

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

Subpart Z--Toxic and Hazardous Substances

0
3. The authority citation for 29 CFR 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.


0
4. In Sec.  1926.1124, revise paragraph (k)(7)(ii) to read as follows:


Sec.  1926.1124  Beryllium.

* * * * *
    (k) * * *
    (7) * * *
    (ii) 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.
* * * * *
[FR Doc. 2021-02809 Filed 2-23-21; 8:45 am]
BILLING CODE 4510-26-P


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