I 

114TH CONGRESS 

2D SESSION H. R. 5213 

To require the Occupational Safety and Health Administration to provide 

notice and comment rulemaking for the revised enforcement policy relating to the exemption of retail facilities from coverage of the process 

safety management of highly hazardous chemicals standard under section 

1910.119(a)(2)(i) of title 29, Code of Federal Regulations. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2016 

Mr. SMITH of Nebraska (for himself, Mr. FINCHER, Mr. PETERSON, and Mr. 

COSTA) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To require the Occupational Safety and Health Administration to provide notice and comment rulemaking for the 

revised enforcement policy relating to the exemption of 

retail facilities from coverage of the process safety management of highly hazardous chemicals standard under 

section 1910.119(a)(2)(i) of title 29, Code of Federal 

Regulations. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Fertilizer Access and 

3 Responsible Management Act’’ or the ‘‘FARM Act’’. 

4 SEC. 2. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRA5 TION PROCESS SAFETY MANAGEMENT 

6 STANDARD. 

7 (a) WITHDRAWAL OF POLICY.— 

8 (1) IN GENERAL.—The Secretary of Labor, act9 ing through the Assistant Secretary of Labor for Oc10 cupational Safety and Health, shall withdraw the re11 vised enforcement policy relating to the exemption of 

12 retail facilities from coverage of the process safety 

13 management of highly hazardous chemicals standard 

14 under section 1910.119(a)(2)(i) of title 29, Code of 

15 Federal Regulations, issued as a memorandum by 

16 the Occupational Safety and Health Administration 

17 on July 22, 2015. 

18 (2) ENFORCEMENT.—The Secretary of Labor, 

19 acting through the Assistant Secretary of Labor for 

20 Occupational Safety and Health, shall enforce sec21 tion 1910.119(a)(2)(i) of title 29, Code of Federal 

22 Regulations (or any corresponding similar regulation 

23 or ruling) in the same manner as such section was 

24 enforced on July 21, 2015, unless such section is 

25 amended in accordance with subsection (b). 

26 (b) REQUIREMENTS FOR RULEMAKING.— 

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1 (1) PROPOSED RULE.—The Secretary may pub2 lish any proposed rule relating to the exemption of 

3 retail facilities from coverage of the process safety 

4 management of highly hazardous chemicals standard 

5 under section 1910.119(a)(2)(i) of title 29, Code of 

6 Federal Regulations (or any corresponding similar 

7 regulation or ruling) only if— 

8 (A) the Secretary, acting through the As9 sistant Secretary of Labor for Occupational 

10 Safety and Health, arranges for an independent 

11 third party to conduct a cost analysis of such 

12 proposed rule, and the Secretary includes such 

13 analysis in the publication of the proposed rule; 

14 and 

15 (B) the Bureau of the Census establishes 

16 a code for farm supply retailers under sector 

17 44–45 (relating to retail trade) of the North 

18 American Industry Classification System. 

19 (2) NOTICE AND COMMENT.—In promulgating 

20 any rule related to the exemption described in para21 graph (1), the Secretary of Labor, acting through 

22 the Assistant Secretary of Labor for Occupational 

23 Safety and Health, shall— 

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1 (A) provide notice and comment rule2 making in accordance with section 553 of title 

3 5, United States Code; and 

4 (B) invite meaningful public participation 

5 in such rulemaking. 

Æ 

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