This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

11329 

Vol. 74, No. 50 

Tuesday, March 17, 2009 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1910 

[Docket No. OSHA–2008–0046] 

RIN 1218–AC33 

Occupational Exposure to Diacetyl and 

Food Flavorings Containing Diacetyl 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Department of 

Labor. 

ACTION: Advance Notice of Proposed 

Rulemaking; withdrawal. 

SUMMARY: OSHA is withdrawing its 

Advance Notice of Proposed 

Rulemaking (ANPRM) on Occupational 

Exposure to Diacetyl and Food 

Flavorings Containing Diacetyl in order 

to facilitate convening a Small Business 

Advocacy Review Panel, pursuant to the 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA). Materials 

submitted prior to this withdrawal as 

well as any other information submitted 

directly to OSHA after the withdrawal 

will be put in the public rulemaking 

docket and receive equal consideration 

as a part of the rulemaking record. In 

addition, there will be several other 

opportunities for stakeholders to 

provide information and comment 

during the rulemaking process. 

DATES: The ANPRM on Occupational 

Exposure to Diacetyl and Food 

Flavorings Containing Diacetyl, 

published January 21, 2009 (74 FR 

3938), is withdrawn, effective March 17, 

2009. 

SUPPLEMENTARY INFORMATION: On 

September 25, 2007, OSHA announced 

its intent to initiate rulemaking to 

address concerns regarding diacetyl 

exposure in the workplace pursuant to 

Section 6(b) of the Occupational Safety 

and Health Act of 1970 (29 U.S.C. 651, 

655). The Agency hosted a stakeholder 

meeting on October 17, 2007, as part of 

its process to gather information for the 

rulemaking. The meeting addressed not 

only specific OSHA information 

requests, but also identified stakeholder 

concerns associated with developing a 

standard addressing occupational 

exposure to diacetyl and food flavorings 

containing diacetyl. OSHA also 

announced its intent to convene a Small 

Business Advocacy Review (SBAR) 

Panel, pursuant to the SBREFA, in the 

Department of Labor’s Semiannual 

Regulatory Agenda (73 FR 71396, 71399, 

11/24/2008). The SBREFA requires that, 

prior to publication of any proposed 

rule that has a significant economic 

impact on a substantial number of small 

entities, OSHA convene a SBAR Panel 

to determine the impacts of such a rule 

on small businesses and the ways those 

impacts can be reduced, consistent with 

the Agency’s statutory requirements. 

On January 21, 2009, OSHA 

published an ANPRM (74 FR 3938). The 

ANPRM sought information and 

comment on issues related to 

occupational exposure to diacetyl and 

food flavorings containing diacetyl, 

including current employee exposures; 

the relationship between exposure and 

the development of adverse health 

effects; methods to evaluate, monitor, 

and control exposure; and related 

topics. 

OSHA is withdrawing the ANPRM in 

order to promptly convene a SBAR 

panel. Responses to the questions raised 

in the ANPRM, however, are still of 

interest to OSHA. Thus, such responses 

submitted prior to this withdrawal as 

well as any other information submitted 

directly to OSHA after this withdrawal 

will be included in the public 

rulemaking docket and receive equal 

consideration as a part of the overall 

rulemaking record. In addition, relevant 

materials received before the SBAR 

panel is formally convened will be 

considered as part of the SBREFA 

review process. For consideration in the 

SBREFA review, OSHA requests that 

such information be submitted within 

10 business days of this notice. 

Commenters should be aware that upon 

withdrawal of this ANPRM they will no 

longer be able to use the http:// 

www.regulations.gov portal for 

submitting comments. Information 

submitted informally to the Agency after 

withdrawal of this ANPRM should be 

sent to OSHA’s Docket Office at the 

address/fax number indicated below. 

OSHA believes that withdrawing the 

ANPRM will not hinder the ability of 

the Agency to obtain information or 

limit stakeholders from providing 

information and comment during this 

rulemaking. OSHA recognizes the 

importance of gathering information and 

comment during the development of 

rules and stakeholders still have several 

avenues to provide input during the 

rulemaking process even though the 

ANPRM is being withdrawn. 

For example, during the SBREFA 

process, small entity representatives 

(SERs) will review and comment on a 

draft proposed standard, alternatives to 

the draft proposal, and preliminary 

analyses of costs, benefits, and impacts 

of the draft proposal. At the same time 

OSHA provides these documents to the 

SERs, the Agency will include the 

documents in the public docket of this 

rulemaking (Docket No. OSHA–2008– 

0046), which is available for 

stakeholders to view and download. 

OSHA will hold meetings (open to the 

public) with the SERs to gather their 

input and will put their written 

comments in the public docket. Finally, 

OSHA will put the final SBAR Panel 

report in the public docket at the 

conclusion of the process. Throughout 

this process, interested parties who are 

not directly participating in the SBREFA 

process may nevertheless enter 

comments into the public docket for this 

rulemaking. Such comments will be 

considered by OSHA as part of the 

rulemaking. In addition, OSHA will 

formally request public comment when 

the Agency publishes a proposed rule in 

the Federal Register, and will hold 

public hearings at which stakeholders 

will be provided a further opportunity 

to provide additional information, make 

suggestions, and raise issues. 

OSHA also intends to conduct expert 

peer reviews of the preliminary risk and 

feasibility assessments and will put the 

relevant documents in the public docket 

when a rule is proposed and open for 

public comment. In addition, OSHA has 

conducted and is continuing to conduct 

site visits at workplaces where 

exposures to diacetyl and food 

flavorings containing diacetyl may 

occur to collect information on 

processes utilizing diacetyl and the 

controls used to prevent or minimize 

employee exposures. 

FOR FURTHER INFORMATION CONTACT: 

Press Inquiries: Jennifer Ashley, 

OSHA, Office of Communications, 

Room N–3647, U.S. Department of 


dwashington3 on PROD1PC60 with PROPOSALS
11330 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Proposed Rules 

1The reader may refer to the Notice of Proposed 

Rulemaking, December 5, 1991 (56 FR 63774), and 

the preamble to the final rule promulgated 

September 4, 1992 (57 FR 40792) for further 

background and information on the OCS 

regulations. 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone: 202– 

693–1999. 

General and Technical Information: 

David O’Connor, OSHA, Directorate of 

Standards and Guidance, Office of 

Chemical Hazards—Non-Metals, Room 

N–3718, U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone 202–693–2090. 

Submission of Information and 

Comment: OSHA Docket Office, Room 

N–2625, U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210 (reference Docket No. OSHA– 

2008–0046); telephone 202–693–2350 or 

David O’Connor, OSHA, Directorate of 

Standards and Guidance, Office of 

Chemical Hazards—Non-Metals, Room 

N–3718, U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone 202–693–2090. If 

your comments, including attachments 

do not exceed 10 pages, you may fax 

them to the OSHA Docket Office at 202– 

693–1648. 

Authority and Signature 

This document was prepared under 

the direction of Donald G. Shalhoub, 

Deputy Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor. It is issued 

pursuant to section 4, 6, and 8 of the 

Occupational Safety and Health Act of 

1970 and Secretary of Labor’s Order No. 

5–2007 (72 FR 31160). 

Signed at Washington, DC, this 11th day of 

March 2009. 

Donald G. Shalhoub, 

Deputy Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. E9–5689 Filed 3–16–09; 8:45 am] 

BILLING CODE 4510–26–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[OAR–2004–0091; FRL–8768–8] 

Outer Continental Shelf Air 

Regulations; Consistency Update for 

California 

AGENCY: Environmental Protection 

Agency (‘‘EPA’’). 

ACTION: Proposed rule—Consistency 

Update. 

SUMMARY: EPA is proposing to update a 

portion of the Outer Continental Shelf 

(‘‘OCS’’) Air Regulations. Requirements 

applying to OCS sources located within 

25 miles of States’ seaward boundaries 

must be updated periodically to remain 

consistent with the requirements of the 

corresponding onshore area (‘‘COA’’), as 

mandated by section 328(a)(1) of the 

Clean Air Act, as amended in 1990 (‘‘the 

Act’’). The portions of the OCS air 

regulations that are being updated 

pertain to the requirements for OCS 

sources by the Ventura County Air 

Pollution Control District (Ventura 

County APCD). The intended effect of 

approving the OCS requirements for the 

Ventura County APCD is to regulate 

emissions from OCS sources in 

accordance with the requirements 

onshore. The change to the existing 

requirements discussed below is 

proposed to be incorporated by 

reference into the Code of Federal 

Regulations and is listed in the 

appendix to the OCS air regulations. 

DATES: Any comments must arrive by 

April 16, 2009. 

ADDRESSES: Submit comments, 

identified by docket number OAR– 

2004–0091, by one of the following 

methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Allen, Air Division (Air–4), 

U.S. EPA Region 9, 75 Hawthorne 

Street, San Francisco, CA 94105, (415) 

947–4120, allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

Why is EPA taking this action? 

II. EPA’s Evaluation 

A. What criteria were used to evaluate 

rules submitted to update 40 CFR part 

55? 

B. What requirements were submitted to 

update 40 CFR part 55? 

III. Administrative Requirements 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Coordination 

With Indian Tribal Government 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. Background Information 

Why is EPA taking this action? 

On September 4, 1992, EPA 

promulgated 40 CFR part 55,1 which 

established requirements to control air 

pollution from OCS sources in order to 

attain and maintain federal and state 

ambient air quality standards and to 

comply with the provisions of part C of 

title I of the Act. Part 55 applies to all 

OCS sources offshore of the States 

except those located in the Gulf of 

Mexico west of 87.5 degrees longitude. 

Section 328 of the Act requires that for 

such sources located within 25 miles of 

a State’s seaward boundary, the 

requirements shall be the same as would 

be applicable if the sources were located 


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