Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations 11119 

P.O. Box 2000, South Hackensack, NJ 07606; 

telephone 201–440–6700; internet https://

www.dassaultfalcon.com. 

(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 

206–231–3195. This material may be found 

in the AD docket on the internet at https:// 

www.regulations.gov by searching for and 

locating Docket No. FAA–2020–0980. 

(7) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email fedreg.legal@

nara.gov, or go to: https://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

Issued on January 29, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–03603 Filed 2–23–21; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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: meilinger.francis2@dol.gov. 

General and technical information: 

Maureen Ruskin, Acting Director, OSHA 

Directorate of Standards and Guidance; 

telephone: (202) 693–1955; email: 

ruskin.maureen@dol.gov. 

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-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 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 

■ 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. 

■ 2. In § 1915.1024, revise paragraph 

(k)(7)(ii) 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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11120 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations 

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 

■ 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. 

■ 4. In § 1926.1124, revise paragraph 

(k)(7)(ii) to read as follows: 

§ 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0034] 

RIN 1625–AA00 

Safety Zone; Duluth-Superior Harbor, 

Duluth, MN and Superior, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of Duluth-Superior 

Harbor encompassed by a box from 

Connor’s Point Marina in Superior, WI 

to Rice’s Point in Duluth, MN and 

extending 100 yards from four (4) barges 

placed across the waterway. This action 

is necessary to protect the safety of life 

on these navigable waters of DuluthSuperior Harbor near the Blatnik Bridge 

for an extreme sports event. This 

rulemaking would prohibit persons, 

vehicles, and vessels from entering, 

transiting, or anchoring in the safety 

zone unless authorized by the Captain 

of the Port Duluth or a designated 

representative. 

DATES: This rule is effective February 

24, 2021 through March 5, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0034 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email LT Abbie 

Lyons, Chief, Incident Management 

Division, U.S. Coast Guard; telephone 

218–725–3818, email Abbie.E.Lyons@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

temporary rule takes place after the 

closure of the Sault Saint Marie Locks 

on a frozen waterway with no 

anticipated vessel traffic. Further, 

delaying the effective date of this rule 

would be impracticable because 

immediate action is needed to respond 

to the potential safety hazards 

associated with the events taking place 

during Red Bull’s filming of the 

snowmachine stunts across the 

waterway. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. For the same reasons 

discussed in the preceeding paragraph, 

waiting for a 30-day notice period to run 

would be impracticable and contrary to 

the public interest. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Duluth (COTP) has 

determined that this rule is necessary to 

protect the safety of people, vessels, 

vehicles, and the navigable waters 

within the safety zone immediately 

before, during, and after the scheduled 

event. 

IV. Discussion of the Rule 

The COTP establishing a safety zone 

from 9 a.m. through 4 p.m. daily from 

February 25, 2021 through March 5, 

2021. The safety zone covers all 

navigable waters from Connor’s Point 

Marina, along the Blatnik Bridge 

(Interstate 535 Bridge) to Rice’s Point 

Landing, extending 100 yards on either 

side of the barges along the waterway. 

The duration of the zone is intended to 

protect the safety of persons, vehicles, 

vessels, and these navigable waters 

immediately before, during, and after 

the scheduled event. No vessel, vehicle, 

or person would be permitted to enter 

the safety zone without obtaining 

permission from the COTP or a 

designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 


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