11116 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations 

(h) Terminating Action 

As a terminating action to the requirements 

of paragraph (g) of this AD, perform the 

following: 

(1) Do a protrusion check at all eight bolt 

locations using paragraph 3.C.(3) of the SB. 

(2) Do a pull-out test at all eight bolt 

locations using paragraph 3.C.(4) of the SB. 

(3) If the inserts on the HMU/MEC idler 

adapter fail the protrusion check or pull-out 

test required by paragraph (h)(1) or (2) of this 

AD, replace the inserts using paragraph 

3.C.(5) of the SB. After replacement of the 

inserts is accomplished, the requirements of 

this AD have been met and no further action 

is required. 

(4) If the inserts on the HMU/MEC idler 

adapter pass both the protrusion check and 

the pull-out test required by paragraphs (h)(1) 

and (2) of this AD, the requirements of this 

AD have been met and no further action is 

required. 

(i) Credit for Previous Actions 

(1) You may take credit for any shim check 

of the HMU/MEC idler adapter required by 

paragraph (g) of this AD if you performed this 

shim check before the effective date of this 

AD using GE CF6–80C2 SB 72–1577 R00, 

dated October 31, 2018. 

(2) You may take credit for the terminating 

action required by paragraph (h) of this AD 

if you performed this action before the 

effective date of this AD using GE CF6–80C2 

SB 72–1577 R00, dated October 31, 2018. 

(j) Definition 

For the purpose of this AD, an ‘‘engine 

shop visit’’ is the induction of an engine into 

the shop for maintenance involving the 

separation of pairs of major mating engine 

case flanges, except separation of engine 

flanges solely for the purposes of 

transportation of the engine without 

subsequent maintenance, which does not 

constitute an engine shop visit. 

(k) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, ECO Branch, FAA, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the certification office, 

send it to the attention of the person 

identified in Related Information. You may 

email your request to: ANE-AD-AMOC@

faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(l) Related Information 

For more information about this AD, 

contact Kevin M. Clark, Aviation Safety 

Engineer, ECO Branch, FAA, 1200 District 

Avenue, Burlington, MA 01803; phone: (781) 

238–7088; fax: (781) 238–7199; email: 

kevin.m.clark@faa.gov. 

(m) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) General Electric Company (GE) CF6– 

80C2 Service Bulletin 72–1577 R01, dated 

August 16, 2019. 

(ii) [Reserved] 

(3) For GE service information identified in 

this AD, contact General Electric Company, 

1 Neumann Way, Cincinnati, OH 45215; 

phone: (513) 552–3272; email: 

aviation.fleetsupport@ge.com. 

(4) You may view this service information 

at FAA, Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. For 

information on the availability of this 

material at the FAA, call (781) 238–7759. 

(5) You may view this service information 

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 21, 2021. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–03606 Filed 2–23–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–0980; Product 

Identifier 2020–NM–094–AD; Amendment 

39–21414; AD 2021–03–11] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2020–02– 

21, which applied to all Dassault 

Aviation Model FALCON 2000 

airplanes. AD 2020–02–21 required 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate new or more restrictive 

airworthiness limitations. This AD 

requires revising the existing 

maintenance or inspection program, as 

applicable to incorporate new or more 

restrictive airworthiness limitations, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

incorporated by reference. This AD was 

prompted by a determination that new 

or more restrictive airworthiness 

limitations are necessary. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective March 31, 

2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of March 31, 2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of March 18, 2020 (85 FR 

7860, February 12, 2020). 

ADDRESSES: For EASA material 

incorporated by reference (IBR) in this 

AD, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; 

email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

IBR material on the EASA website at 

https://ad.easa.europa.eu. For Dassault 

Aviation service information identified 

in this final rule, contact Dassault 

Falcon Jet Corporation, Teterboro 

Airport, P.O. Box 2000, South 

Hackensack, NJ 07606; telephone 201– 

440–6700; internet https://

www.dassaultfalcon.com. You may 

view this IBR 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. 

It is also available in the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

0980. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

0980; or in person at Docket Operations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this final rule, 

any comments received, and other 

information. The address for Docket 

Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, Large 

Aircraft Section, International 

Validation Branch, FAA, 2200 South 


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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations 11117 

216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3226; email 

tom.rodriguez@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The EASA, which is the Technical 

Agent for the Member States of the 

European Union, has issued EASA AD 

2020–0113, dated May 20, 2020 (EASA 

AD 2020–0113) (also referred to as the 

Mandatory Continuing Airworthiness 

Information, or the MCAI), to correct an 

unsafe condition for all Dassault 

Aviation Model FALCON 2000 

airplanes. 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2020–02–21, 

Amendment 39–19833 (85 FR 7860, 

February 12, 2020) (AD 2020–02–21). 

AD 2020–02–21 applied to all Dassault 

Aviation Model FALCON 2000 

airplanes. The NPRM published in the 

Federal Register on November 3, 2020 

(85 FR 69519). The NPRM was 

prompted by a determination that new 

or more restrictive airworthiness 

limitations are necessary. The NPRM 

proposed to require revising the existing 

maintenance or inspection program, as 

applicable to incorporate new or more 

restrictive airworthiness limitations, as 

specified in EASA AD 2020–0113. The 

FAA is issuing this AD to address 

reduced controllability of the airplane. 

See the MCAI for additional background 

information. 

Comments 

The FAA gave the public the 

opportunity to participate in developing 

this final rule. The FAA received no 

comments on the NPRM or on the 

determination of the cost to the public. 

Conclusion 

The FAA reviewed the relevant data 

and determined that air safety and the 

public interest require adopting this 

final rule as proposed, except for minor 

editorial changes. The FAA has 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

addressing the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2020–0113 describes new 

or more restrictive airworthiness 

limitations for airplane structures and 

safe life limits. 

This AD also requires Chapter 5–40, 

Airworthiness Limitations, Revision 20, 

dated November 2018, of the Dassault 

Aviation Falcon 2000 Maintenance 

Manual, which the Director of the 

Federal Register approved for 

incorporation by reference as of March 

18, 2020 (85 FR 7860, February 12, 

2020). 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

Costs of Compliance 

The FAA estimates that this AD 

affects 168 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this AD: 

The FAA estimates the total cost per 

operator for the retained actions from 

AD 2020–02–21 to be $7,650 (90 workhours × $85 per work-hour). 

The FAA has determined that revising 

the existing maintenance or inspection 

program takes an average of 90 workhours per operator, although the agency 

recognizes that this number may vary 

from operator to operator. Since 

operators incorporate maintenance or 

inspection program changes for their 

affected fleet(s), the FAA has 

determined that a per-operator estimate 

is more accurate than a per-airplane 

estimate. 

The FAA estimates the total cost per 

operator for the new actions to be 

$7,650 (90 work-hours × $85 per workhour). 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

The FAA determined that this AD 

will not have federalism implications 

under Executive Order 13132. This AD 

will not have 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. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by: 

■ a. Removing Airworthiness Directive 

(AD) 2020–02–21, Amendment 39– 

19833 (85 FR 7860, February 12, 2020), 

and 

■ b. Adding the following new AD: 

2021–03–11 Dassault Aviation: 

Amendment 39–21414; Docket No. 

FAA–2020–0980; Product Identifier 

2020–NM–094–AD. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective March 31, 2021. 

(b) Affected ADs 

(1) This AD replaces AD 2020–02–21, 

Amendment 39–19833 (85 FR 7860, February 

12, 2020) (AD 2020–02–21). 

(2) This AD affects AD 2010–26–05, 

Amendment 39–16544 (75 FR 79952, 

December 21, 2010) (AD 2010–26–05). 

(c) Applicability 

This AD applies to all Dassault Aviation 

Model FALCON 2000 airplanes, certificated 

in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Time Limits/Maintenance 

Checks. 

(e) Reason 

This AD was prompted by a determination 

that new or more restrictive airworthiness 

limitations are necessary. The FAA is issuing 


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this AD to address reduced controllability of 

the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Retained New Maintenance or Inspection 

Program Revision With No Changes 

This paragraph restates the requirements of 

paragraph (i) of AD 2020–02–21, with no 

changes. Within 90 days after March 18, 2020 

(the effective date of AD 2020–02–21), revise 

the existing maintenance or inspection 

program, as applicable, to incorporate the 

information specified in Chapter 5–40, 

Airworthiness Limitations, Revision 20, 

dated November 2018, of the Dassault 

Aviation Falcon 2000 Maintenance Manual. 

The initial compliance time for doing the 

tasks is at the time specified in Chapter 5– 

40, Airworthiness Limitations, Revision 20, 

dated November 2018, of the Dassault 

Aviation Falcon 2000 Maintenance Manual, 

or within 90 days after March 18, 2020, 

whichever occurs later, except as required by 

paragraphs (g)(1) through (3) of this AD. The 

term ‘‘LDG’’ in the ‘‘First Inspection’’ column 

of any table in the service information 

specified in this paragraph means total 

airplane landings. The term ‘‘FH’’ in the 

‘‘First Inspection’’ column of any table in the 

service information specified in this 

paragraph means total flight hours. The term 

‘‘FC’’ in the ‘‘First Inspection’’ column of any 

table in the service information specified in 

this paragraph means total flight cycles. The 

term ‘‘M’’ in the ‘‘First Inspection’’ column 

of any table in the service information 

specified in this paragraph means months 

since date of issuance of the original 

airworthiness certificate or original export 

certificate of airworthiness. 

(1) For Task 30–11–09–350–801 identified 

in the service information specified in the 

introductory text of paragraph (g) of this AD, 

the initial compliance time is the later of the 

times specified in paragraphs (g)(1)(i) and (ii) 

of this AD. 

(i) At the earlier of the times specified in 

paragraphs (g)(1)(i)(A) and (B) of this AD. 

(A) Prior to the accumulation of 2,400 total 

flight hours or 2,000 total flight cycles, 

whichever occurs first. 

(B) Within 2,400 flight hours or 2,000 flight 

cycles after April 7, 2014 (the effective date 

of AD 2014–03–12, Amendment 39–17749 

(79 FR 11693, March 3, 2014) (AD 2014–03– 

12)), whichever occurs first. 

(ii) Within 30 days after April 7, 2014 (the 

effective date of AD 2014–03–12). 

(2) For Task 52–20–00–610–801–01 

identified in the service information 

specified in the introductory text of 

paragraph (g) of this AD, the initial 

compliance time is within 24 months after 

April 7, 2014 (the effective date of AD 2014– 

03–12). 

(3) The limited service life of part number 

F2MA721512100 is 3,750 total flight cycles 

on the part or 6 years since the 

manufacturing date of the part, whichever 

occurs first. 

(h) Retained No Alternative Actions or 

Intervals With a New Exception 

This paragraph restates the requirements of 

paragraph (j) of AD 2020–02–21, with a new 

exception. Except as required by paragraph 

(i) of this AD, after the existing maintenance 

or inspection program has been revised as 

required by paragraph (g) of this AD, no 

alternative actions (e.g., inspections) or 

intervals may be used unless the actions or 

intervals are approved as an AMOC in 

accordance with the procedures specified in 

paragraph (m)(1) of this AD. 

(i) New Maintenance or Inspection Program 

Revision 

Except as specified in paragraph (j) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, European Union Aviation 

Safety Agency (EASA) AD 2020–0113, dated 

May 20, 2020 (EASA AD 2020–0113). 

Accomplishing the maintenance or 

inspection program revision required by this 

paragraph terminates the requirements of 

paragraph (g) of this AD. 

(j) Exceptions to EASA AD 2020–0113 

(1) The requirements specified in 

paragraphs (1) and (2) of EASA AD 2020– 

0113 do not apply to this AD. 

(2) Paragraph (3) of EASA AD 2020–0113 

specifies revising ‘‘the approved AMP’’ 

within 12 months after its effective date, but 

this AD requires revising the existing 

maintenance or inspection program, as 

applicable, to incorporate the ‘‘limitations, 

tasks and associated thresholds and 

intervals’’ specified in paragraph (3) of EASA 

AD 2020–0113 within 90 days after the 

effective date of this AD. 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

AD 2020–0113 is at the applicable 

‘‘associated thresholds’’ specified in 

paragraph (3) of EASA AD 2020–0113, or 

within 90 days after the effective date of this 

AD, whichever occurs later. 

(4) The provisions specified in paragraphs 

(4) and (5) of EASA AD 2020–0113 do not 

apply to this AD. 

(5) The ‘‘Remarks’’ section of EASA AD 

2020–0113 does not apply to this AD. 

(k) New Provisions for Alternative Actions 

and Intervals 

After the maintenance or inspection 

program has been revised as required by 

paragraph (i) of this AD, no alternative 

actions (e.g., inspections) and intervals are 

allowed unless they are approved as 

specified in the provisions of the ‘‘Ref. 

Publications’’ section of EASA AD 2020– 

0113. 

(l) Terminating Action for Certain Actions in 

AD 2010–26–05 

Accomplishing the actions required by 

paragraph (g) or (i) of this AD terminates the 

requirements of paragraph (g) of AD 2010– 

26–05 for Model FALCON 2000 airplanes 

only. 

(m) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Large Aircraft 

Section, International Validation Branch, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or local Flight Standards 

District Office, as appropriate. If sending 

information directly to the Large Aircraft 

Section, International Validation Branch, 

send it to the attention of the person 

identified in paragraph (n) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 

(i) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards District 

Office. 

(ii) AMOCs approved previously for AD 

2020–02–21 are approved as AMOCs for the 

corresponding provisions of EASA AD 2020– 

0113 that are required by paragraph (i) of this 

AD. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, Large Aircraft Section, 

International Validation Branch, FAA; or 

EASA; or Dassault Aviation’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(n) Related Information 

For more information about this AD, 

contact Tom Rodriguez, Aerospace Engineer, 

Large Aircraft Section, International 

Validation Branch, FAA, 2200 South 216th 

St., Des Moines, WA 98198; telephone and 

fax 206–231–3226; email tom.rodriguez@

faa.gov. 

(o) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(3) The following service information was 

approved for IBR on March 31, 2021. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2020–0113, dated May 20, 2020. 

(ii) [Reserved] 

(4) The following service information was 

approved for IBR on March 18, 2020 (85 FR 

7860, February 12, 2020). 

(i) Chapter 5–40, Airworthiness 

Limitations, Revision 20, dated November 

2018, of the Dassault Aviation Falcon 2000 

Maintenance Manual. 

(ii) [Reserved] 

(5) For EASA AD 2020–0113, contact the 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

EASA AD on the EASA website at https://

ad.easa.europa.eu. For information about 

Dassault Aviation material, contact Dassault 

Falcon Jet Corporation, Teterboro Airport, 


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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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