1184 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda 

DEPARTMENT OF LABOR 

Office of the Secretary 

20 CFR Chs. I, IV, V, VI, VII, and IX 

29 CFR Subtitle A and Chs. II, IV, V, 

XVII, and XXV 

30 CFR Ch. I 

41 CFR Ch. 60 

48 CFR Ch. 29 

Semiannual Agenda of Regulations 

AGENCY: Office of the Secretary, Labor. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The Internet has become the 

means for disseminating the entirety of 

the Department of Labor’s semiannual 

regulatory agenda. However, the 

Regulatory Flexibility Act requires 

publication of a regulatory flexibility 

agenda in the Federal Register. This 

Federal Register Notice contains the 

regulatory flexibility agenda. In 

addition, the Department’s Regulatory 

Plan, a subset of the Department’s 

regulatory agenda, is being published in 

the Federal Register. The Regulatory 

Plan contains a statement of the 

Department’s regulatory priorities and 

the regulatory actions the Department 

wants to highlight as its most important 

and significant. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Franks, Director, Office of 

Regulatory Policy, Office of the 

Assistant Secretary for Policy, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Room S–2312, 

Washington, DC 20210; (202) 693–5959. 

Note: Information pertaining to a specific 

regulation can be obtained from the agency 

contact listed for that particular regulation. 

SUPPLEMENTARY INFORMATION: Executive 

Order 12866 requires the semiannual 

publication of an agenda of regulations 

that contains a listing of all the 

regulations the Department of Labor 

expects to have under active 

consideration for promulgation, 

proposal, or review during the coming 

one-year period. The entirety of the 

Department’s semiannual agenda is 

available online at www.reginfo.gov. 

The Regulatory Flexibility Act (5 

U.S.C. 602) requires DOL to publish in 

the Federal Register a regulatory 

flexibility agenda. The Department’s 

Regulatory Flexibility Agenda published 

with this notice, includes only those 

rules on its semiannual agenda that are 

likely to have a significant economic 

impact on a substantial number of small 

entities; and those rules identified for 

periodic review in keeping with the 

requirements of section 610 of the 

Regulatory Flexibility Act. Thus, the 

regulatory flexibility agenda is a subset 

of the Department’s semiannual 

regulatory agenda. 

In addition, the Department’s 

Regulatory Plan, also a subset of the 

Department’s regulatory agenda, is being 

published in the Federal Register. The 

Regulatory Plan contains a statement of 

the Department’s regulatory priorities 

and the regulatory actions the 

Department wants to highlight as its 

most important and significant. 

All interested members of the public 

are invited and encouraged to let 

departmental officials know how our 

regulatory efforts can be improved, and 

are invited to participate in and 

comment on the review or development 

of the regulations listed on the 

Department’s agenda. 

Thomas E. Perez, 

Secretary of Labor. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

348 .................... Bloodborne Pathogens (Section 610 Review) ............................................................................................... 1218–AC34 

349 .................... Infectious Diseases .......................................................................................................................................... 1218–AC46 

350 .................... Reinforced Concrete in Construction and Preventing Backover Injuries and Fatalities ................................. 1218–AC51 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

351 .................... Occupational Exposure to Crystalline Silica .................................................................................................... 1218–AB70 

352 .................... Occupational Exposure to Beryllium ................................................................................................................ 1218–AB76 

353 .................... Combustible Dust ............................................................................................................................................. 1218–AC41 

354 .................... Injury and Illness Prevention Program ............................................................................................................. 1218–AC48 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

355 .................... Confined Spaces in Construction .................................................................................................................... 1218–AB47 

356 .................... Electric Power Transmission and Distribution; Electrical Protective Equipment ............................................. 1218–AB67 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

357 .................... Occupational Exposure to Food Flavorings Containing Diacetyl and Diacetyl Substitutes ............................ 1218–AC33 


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DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Prerule Stage 

348. Bloodborne Pathogens (Section 610 

Review) 

Legal Authority: 5 U.S.C. 533; 5 U.S.C. 

610; 29 U.S.C. 655(b) 

Abstract: OSHA will undertake a 

review of the Bloodborne Pathogen 

Standard (29 CFR 1910.1030) in 

accordance with the requirements of the 

Regulatory Flexibility Act and section 5 

of Executive Order 12866. The review 

will consider the continued need for the 

rule; whether the rule overlaps, 

duplicates, or conflicts with other 

Federal, State or local regulations; and 

the degree to which technology, 

economic conditions, or other factors 

may have changed since the rule was 

evaluated. 

Timetable: 

Action Date FR Cite 

Begin Review ...... 10/22/09 

Request for Comments Published.05/14/10 75 FR 27237 

Comment Period 

End.

08/12/10 

End Review and 

Issue Findings.

05/00/14 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Jens Svenson, 

Deputy Director, Directorate of 

Evaluation and Analysis, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., Room N–3641, 

Washington, DC 20210, Phone: 202 693– 

2400, Fax: 202 693–1641, Email: 

svenson.jens@dol.gov. 

RIN: 1218–AC34 

349. Infectious Diseases 

Legal Authority: 5 U.S.C. 533; 29 

U.S.C. 657 and 658; 29 U.S.C. 660; 29 

U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 

673; * * * 

Abstract: Employees in health care 

and other high-risk environments face 

long-standing infectious diseases 

hazards such as tuberculosis (TB), 

varicella disease (chickenpox, shingles), 

and measles (rubeola), as well as new 

and emerging infectious disease threats, 

such as Severe Acute Respiratory 

Syndrome (SARS) and pandemic 

influenza. Health care workers and 

workers in related occupations, or who 

are exposed in other high-risk 

environments, are at increased risk of 

contracting TB, SARS, Methicillinresistant Staphylococcus aureus 

(MRSA), and other infectious diseases 

that can be transmitted through a variety 

of exposure routes. OSHA is concerned 

about the ability of employees to 

continue to provide health care and 

other critical services without 

unreasonably jeopardizing their health. 

OSHA is considering the need for a 

standard to ensure that employers 

establish a comprehensive infection 

control program and control measures to 

protect employees from infectious 

disease exposures to pathogens that can 

cause significant disease. Workplaces 

where such control measures might be 

necessary include: health care, 

emergency response, correctional 

facilities, homeless shelters, drug 

treatment programs, and other 

occupational settings where employees 

can be at increased risk of exposure to 

potentially infectious people. A 

standard could also apply to 

laboratories, which handle materials 

that may be a source of pathogens, and 

to pathologists, coroners’ offices, 

medical examiners, and mortuaries. 

Timetable: 

Action Date FR Cite 

Request for Information (RFI).05/06/10 75 FR 24835 

RFI Comment Period End.08/04/10 

Analyze Comments.12/30/10 

Stakeholder Meetings.07/29/11 

Initiate SBREFA .. 01/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: William Perry, 

Acting Director, Directorate of 

Standards and Guidance, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., Room N–3718, 

Washington, DC 20210, Phone: 202 693– 

1950, Fax: 202 693–1678, Email: 

perry.bill@dol.gov. 

RIN: 1218–AC46 

350. Reinforced Concrete in 

Construction and Preventing Backover 

Injuries and Fatalities 

Legal Authority: 29 U.S.C. 655(b) 

Abstract: OSHA published an RFI (77 

FR 18973; March 29, 2012) that sought 

information on two subjects: 1) 

preventing backover injuries; and 2) 

hazards and risks of reinforcing concrete 

operations in construction, including 

post-tensioning. 

Backing vehicles and equipment are 

common causes of struck-by injuries 

and can also cause caught-between 

injuries when backing vehicles and 

equipment pin a worker against an 

object. Struck-by injuries and caughtbetween injuries are two of the four 

leading causes of workplace fatalities. 

The Bureau of Labor Statistics reports 

that in 2011, 75 workers were fatally 

backed over while working. While many 

backing incidents can prove to be fatal, 

workers can suffer severe, non-fatal 

injuries as well. A review of OSHA’s 

IMIS database found that backing 

incidents can result in serious injury to 

the back and pelvis, fractured bones, 

concussions, amputations, and other 

injuries. Emerging technologies in the 

field of backing operations may prevent 

incidents. The technologies include 

cameras and proximity detection 

systems. The use of spotters and 

internal traffic control plans can also 

make backing operations safer. The 

Agency has held stakeholder meetings 

on backovers and is conducting site 

visits to employers. Current rules 

regarding reinforcing steel and posttensioning activities may not adequately 

address worker hazards in work related 

to post-tensioning and reinforcing steel. 

Both are techniques for reinforcing 

concrete and are generally used in many 

types of construction. OSHA’s IMIS data 

indicates that 31 workers died while 

performing work on or near posttensioning operations or reinforcing 

steel between 2000 and 2009. 

Currently, workers performing steel 

reinforcing suffer injuries caused by 

unsafe material handling, structural 

collapse, and impalement by protruding 

reinforcing steel dowels, among other 

causes. Employees involved in posttensioning activities are at risk for 

incidents caused by the misuse of posttensioning equipment and improper 

training. The Agency is continuing to 

seek information about injuries and 

hazards of reinforcing steel operations. 

Timetable: 

Action Date FR Cite 

Request for Information.03/29/12 77 FR 18973 

Comment Period 

End.

07/27/12 

Analyze Comments (Concrete).04/00/14 

Initiate SBREFA 

(Backovers).

06/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jim Maddux, 

Director, Directorate of Construction, 

Department of Labor, Occupational 

Safety and Health Administration, 

Room N–3468, FP Building, 200 

Constitution Avenue NW., Washington, 

DC 20210, Phone: 202 693–2020, Fax: 


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202 693–1689, Email: maddux.jim@

dol.gov. 

RIN: 1218–AC51 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Proposed Rule Stage 

351. Occupational Exposure to 

Crystalline Silica 

Legal Authority: 29 U.S.C. 655(b); 29 

U.S.C. 657 

Abstract: Crystalline silica is a 

significant component of the Earth’s 

crust, and many workers in a wide range 

of industries are exposed to it, usually 

in the form of respirable quartz or, less 

frequently, cristobalite. Chronic silicosis 

is a uniquely occupational disease 

resulting from exposure of employees 

over long periods of time (10 years or 

more). Exposure to high levels of 

respirable crystalline silica causes acute 

or accelerated forms of silicosis that are 

ultimately fatal. The current 

Occupational Safety and Health 

Administration (OSHA) permissible 

exposure limit (PEL) for general 

industry is based on a formula proposed 

by the American Conference of 

Governmental Industrial Hygienists 

(ACGIH) in 1968 (PEL=10mg/cubic 

meter/(% silica + 2), as respirable dust). 

The current PEL for construction and 

shipyards (derived from ACGIH’s 1970 

Threshold Limit Value) is based on 

particle counting technology, which is 

considered obsolete. National Institute 

for Occupational Safety and Health 

(NIOSH) and ACGIH recommend 50mg/ 

m3 and 25mg/m3 exposure limits, 

respectively, for respirable crystalline 

silica. Both industry and worker groups 

have recognized that a comprehensive 

standard for crystalline silica is needed 

to provide for exposure monitoring, 

medical surveillance, and worker 

training. ASTM International has 

published recommended standards for 

addressing the hazards of crystalline 

silica. The Building Construction Trades 

Department of the AFL–CIO has also 

developed a recommended 

comprehensive program standard. These 

standards include provisions for 

methods of compliance, exposure 

monitoring, training, and medical 

surveillance. 

Timetable: 

Action Date FR Cite 

Completed 

SBREFA Report.

12/19/03 

Action Date FR Cite 

Initiated Peer Review of Health 

Effects and 

Risk Assessment.

05/22/09 

Completed Peer 

Review.

01/24/10 

NPRM .................. 09/12/13 78 FR 56274 

Extension of 

Deadline for 

Submitting Notices of Intention to Appear 

at Public Hearing.

10/31/13 78 FR 65242 

Extension of 

Comment Period.

10/31/13 

Scheduling of 

Public Hearing.

10/31/13 

NPRM Comment 

Period End.

12/11/13 

Extension of 

Comment Period End.

01/27/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: William Perry, 

Acting Director, Directorate of 

Standards and Guidance, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., Room N–3718, 

Washington, DC 20210, Phone: 202 693– 

1950, Fax: 202 693–1678, Email: 

perry.bill@dol.gov. 

RIN: 1218–AB70 

352. Occupational Exposure to 

Beryllium 

Legal Authority: 29 U.S.C. 655(b); 29 

U.S.C. 657 

Abstract: In 1999 and 2001, OSHA 

was petitioned to issue an emergency 

temporary standard by the United Steel 

Workers (formerly the Paper AlliedIndustrial, Chemical, and Energy 

Workers Union), Public Citizen Health 

Research Group, and others. The 

Agency denied the petitions but stated 

its intent to begin data gathering to 

collect needed information on 

beryllium’s toxicity, risks, and patterns 

of usage. On November 26, 2002, OSHA 

published a Request for Information 

(RFI) (67 FR 70707) to solicit 

information pertinent to occupational 

exposure to beryllium, including: 

current exposures to beryllium; the 

relationship between exposure to 

beryllium and the development of 

adverse health effects; exposure 

assessment and monitoring methods; 

exposure control methods; and medical 

surveillance. In addition, the Agency 

conducted field surveys of selected 

worksites to assess current exposures 

and control methods being used to 

reduce employee exposures to 

beryllium. OSHA convened a Small 

Business Advocacy Review Panel under 

the Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

and completed the SBREFA Report in 

January 2008. OSHA also completed a 

scientific peer review of its draft risk 

assessment. 

Timetable: 

Action Date FR Cite 

Request for Information.11/26/02 67 FR 70707 

Request For Information Comment Period 

End.

02/24/03 

SBREFA Report 

Completed.

01/23/08 

Initiated Peer Review of Health 

Effects and 

Risk Assessment.

03/22/10 

Complete Peer 

Review.

11/19/10 

NPRM .................. 04/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: William Perry, 

Acting Director, Directorate of 

Standards and Guidance, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., Room N–3718, 

Washington, DC 20210, Phone: 202 693– 

1950, Fax: 202 693–1678, Email: 

perry.bill@dol.gov. 

RIN: 1218–AB76 

353. Combustible Dust 

Legal Authority: 29 U.S.C. 655(b); 29 

U.S.C. 657 

Abstract: Occupational Safety and 

Health Administration (OSHA) has 

commenced rulemaking to develop a 

combustible dust standard for general 

industry. The U.S. Chemical Safety 

Board (CSB) completed a study of 

combustible dust hazards in late 2006, 

which identified 281 combustible dust 

incidents between 1980 and 2005 that 

killed 119 workers and injured another 

718. Based on these findings, the CSB 

recommended the Agency pursue a 

rulemaking on this issue. OSHA has 

previously addressed aspects of this 

risk. For example, on July 31, 2005, 

OSHA published the Safety and Health 

Information Bulletin, ‘‘Combustible 

Dust in Industry: Preventing and 

Mitigating the Effects of Fire and 

Explosions.’’ Additionally, OSHA 

implemented a Combustible Dust 

National Emphasis Program (NEP) 

March 11, 2008, launched a new Web 

page, and issued several other guidance 

documents. However, the Agency does 


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not have a comprehensive standard that 

addresses combustible dust hazards. 

OSHA will use the information 

gathered from the NEP to assist in the 

development of this rule. OSHA 

published an ANPRM October 21, 2009. 

Additionally, stakeholder meetings were 

held in Washington, DC, on December 

14, 2009, in Atlanta, GA, on February 

17, 2010, and in Chicago, IL, on April 

21, 2010. A webchat for combustible 

dust was also held on June 28, 2010 and 

an expert forum was convened on May 

13, 2011 

Timetable: 

Action Date FR Cite 

ANPRM ............... 10/21/09 74 FR 54333 

Stakeholder Meetings.12/14/09 

ANPRM Comment 

Period End.

01/19/10 

Stakeholder Meetings.02/17/10 

Stakeholders 

Meetings.

03/09/10 75 FR 10739 

Initiate SBREFA .. 04/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: William Perry, 

Acting Director, Directorate of 

Standards and Guidance, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., Room N–3718, 

Washington, DC 20210, Phone: 202 693– 

1950, Fax: 202 693–1678, Email: 

perry.bill@dol.gov. 

RIN: 1218–AC41 

354. Injury and Illness Prevention 

Program 

Legal Authority: 29 U.S.C. 653; 29 

U.S.C. 655(b); 29 U.S.C. 657 

Abstract: OSHA is developing a rule 

requiring employers to implement an 

Injury and Illness Prevention Program. It 

involves planning, implementing, 

evaluating, and improving processes 

and activities that protect employee 

safety and health. OSHA has substantial 

data on reductions in injuries and 

illnesses from employers who have 

implemented similar effective 

processes. The Agency currently has 

voluntary Safety and Health Program 

Management Guidelines (54 FR 3904 to 

3916), published in 1989. An injury and 

illness prevention program rule would 

build on these guidelines as well as 

lessons learned from successful 

approaches and best practices under 

OSHA’s Voluntary Protection Program 

Safety and Health Achievement 

Recognition Program, and similar 

industry and international initiatives 

such as American National Standards 

Institute/American Industrial Hygiene 

Association Z10 and Occupational 

Health and Safety Assessment Series 

18001. 

Timetable: 

Action Date FR Cite 

Stakeholder Meetings.06/03/10 75 FR 35360 

and 75 FR 

23637 

Initiate SBREFA .. 01/06/12 

NPRM .................. 09/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: William Perry, 

Acting Director, Directorate of 

Standards and Guidance, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., Room N–3718, 

Washington, DC 20210, Phone: 202 693– 

1950, Fax: 202 693–1678, Email: 

perry.bill@dol.gov. 

RIN: 1218–AC48 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Final Rule Stage 

355. Confined Spaces in Construction 

Legal Authority: 29 U.S.C. 655(b); 40 

U.S.C. 333 

Abstract: In 1993, OSHA issued a rule 

to protect employees who enter 

confined spaces while engaged in 

general industry work (29 CFR 

1910.146). This standard has not been 

extended to cover employees entering 

confined spaces while engaged in 

construction work because of unique 

characteristics of construction 

worksites. Pursuant to discussions with 

the United Steel Workers of America 

that led to a settlement agreement 

regarding the general industry standard, 

OSHA agreed to issue a proposed rule 

to protect construction workers in 

confined spaces. 

Timetable: 

Action Date FR Cite 

SBREFA Panel 

Report.

11/24/03 

NPRM .................. 11/28/07 72 FR 67351 

NPRM Comment 

Period End.

01/28/08 

NPRM Comment 

Period Extended.

02/28/08 73 FR 3893 

Public Hearing ..... 07/22/08 

Close Record ...... 10/23/08 

Final Rule ............ 02/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jim Maddux, 

Director, Directorate of Construction, 

Department of Labor, Occupational 

Safety and Health Administration, 

Room N–3468, FP Building, 200 

Constitution Avenue NW., Washington, 

DC 20210, Phone: 202 693–2020, Fax: 

202 693–1689, Email: maddux.jim@

dol.gov. 

RIN: 1218–AB47 

356. Electric Power Transmission and 

Distribution; Electrical Protective 

Equipment 

Legal Authority: 29 U.S.C. 655(b); 40 

U.S.C. 333 

Abstract: Electrical hazards are a 

major cause of occupational death in the 

United States. The annual fatality rate 

for power line workers is about 50 

deaths per 100,000 employees. The 

construction industry standard 

addressing the safety of these workers 

during the construction of electric 

power transmission and distribution 

lines is nearly 40 years old. 

Occupational Safety and Health 

Administration (OSHA) has developed a 

revision of this standard that will 

prevent many of these fatalities, add 

flexibility to the standard, and update 

and streamline the standard. OSHA also 

intends to amend the corresponding 

standard for general industry so that 

requirements for work performed during 

the maintenance of electric power 

transmission and distribution 

installations are the same as those for 

similar work in construction. In 

addition, OSHA will be revising a few 

miscellaneous general industry 

requirements primarily affecting electric 

transmission and distribution work, 

including provisions on electrical 

protective equipment and foot 

protection. This rulemaking also 

addresses fall protection in aerial lifts 

for work on power generation, 

transmission, and distribution 

installations. OSHA published an 

NPRM on June 15, 2005. A public 

hearing was held from March 6 through 

March 14, 2006. OSHA reopened the 

record to gather additional information 

on minimum approach distances for 

specific ranges of voltages. The record 

was reopened a second time to allow 

more time for comment and to gather 

information on minimum approach 

distances for all voltages and on the 

newly revised Institute of Electrical and 

Electronics Engineers consensus 

standard. Additionally, a public hearing 

was held on October 28, 2009. 

Timetable: 

Action Date FR Cite 

SBREFA Report .. 06/30/03 


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Action Date FR Cite 

NPRM .................. 06/15/05 70 FR 34821 

NPRM Comment 

Period End.

10/13/05 

Comment Period 

Extended to 01/

11/2006.

10/12/05 70 FR 59290 

Public Hearing To 

Be Held 03/06/

2006.

10/12/05 70 FR 59290 

Posthearing Comment Period 

End.

07/14/06 

Reopen Record ... 10/22/08 73 FR 62942 

Comment Period 

End.

11/21/08 

Close Record ...... 11/21/08 

Second Reopening Record.09/14/09 74 FR 46958 

Comment Period 

End.

10/15/09 

Public Hearings ... 10/28/09 

Posthearing Comment Period 

End.

02/10/10 

Final Rule ............ 11/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: William Perry, 

Acting Director, Directorate of 

Standards and Guidance, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., Room N–3718, 

Washington, DC 20210, Phone: 202 693– 

1950, Fax: 202 693–1678, Email: 

perry.bill@dol.gov. 

RIN: 1218–AB67 

DEPARTMENT OF LABOR (DOL) 

Occupational Safety and Health 

Administration (OSHA) 

Completed Actions 

357. Occupational Exposure to Food 

Flavorings Containing Diacetyl and 

Diacetyl Substitutes 

Legal Authority: 29 U.S.C. 655(b); 29 

U.S.C. 657 

Abstract: On July 26, 2006, the United 

Food and Commercial Workers 

International Union (UFCW) and the 

International Brotherhood of Teamsters 

(IBT) petitioned DOL for an Emergency 

Temporary Standard (ETS) for all 

employees exposed to diacetyl, a major 

component in artificial butter flavoring. 

Diacetyl and a number of other volatile 

organic compounds are used to 

manufacture artificial butter food 

flavorings. These food flavorings are 

used by various food manufacturers in 

a multitude of food products, including 

microwave popcorn, certain bakery 

goods, and some snack foods. Evidence 

indicates that exposure to flavorings 

containing diacetyl is associated with 

adverse effects on the respiratory 

system, including bronchiolitis 

obliterans, a debilitating and potentially 

fatal lung disease. OSHA denied the 

petition on September 25, 2007, but has 

initiated 6(b) rulemaking. OSHA 

published an Advance Notice of 

Proposed Rulemaking (ANPRM) on 

January 21, 2009, but withdrew the 

ANPRM on March 17, 2009, in order to 

facilitate timely development of a 

standard. The Agency subsequently 

initiated review of the draft proposed 

standard in accordance with the Small 

Business Regulatory Enforcement 

Fairness Act (SBREFA). The SBREFA 

Panel Report was completed on July 2, 

2009. The National Institute for 

Occupational Safety and Health 

(NIOSH) is currently developing a 

criteria document on occupational 

exposure to diacetyl. The criteria 

document will also address exposure to 

2,3-pentanedione, a chemical that is 

structurally similar to diacetyl and has 

been used as a substitute for diacetyl in 

some applications. It will include an 

assessment of the effects of exposure as 

well as quantitative risk assessment. 

OSHA intends to rely on these portions 

of the criteria document for the health 

effects analysis and quantitative risk 

assessment for the Agency’s diacetyl 

rulemaking. 

Timetable: 

Action Date FR Cite 

Stakeholder Meeting.10/17/07 72 FR 54619 

ANPRM ............... 01/21/09 74 FR 3937 

ANPRM Withdrawn.03/17/09 74 FR 11329 

ANPRM Comment 

Period End.

04/21/09 

Completed 

SBREFA Report.

07/02/09 

Withdrawn ........... 08/22/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: William Perry, 

Acting Director, Directorate of 

Standards and Guidance, Department of 

Labor, Occupational Safety and Health 

Administration, 200 Constitution 

Avenue NW., Room N–3718, 

Washington, DC 20210, Phone: 202 693– 

1950, Fax: 202 693–1678, Email: 

perry.bill@dol.gov. 

RIN: 1218–AC33 

[FR Doc. 2013–29636 Filed 1–6–14; 8:45 am] 

BILLING CODE 4510–04–P 


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Vol. 79 Tuesday, 

No. 4 January 7, 2014 

Part XIII 

Department of Transportation 

Semiannual Regulatory Agenda 


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