Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Proposed Rules 27237 

[FR Doc. 2010–11499 Filed 5–13–10; 8:45 am] 

BILLING CODE C 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1910 

[Docket No. OSHA–2007–0080] 

RIN: 1218–AC34 

Regulatory Flexibility Act Review of 

the Bloodborne Pathogens Standard 

AGENCY: Occupational Safety and Health 

Administration, Labor. 

ACTION: Request for comments. 

SUMMARY: The Occupational Safety and 

Health Administration (OSHA) is 

conducting a review of its Bloodborne 

Pathogens Standard (29 CFR 1910.1030) 

under Section 610 of the Regulatory 

Flexibility Act and Section 5 of 

Executive Order 12866 on Regulatory 

Planning and Review. OSHA conducts 

its review pursuant to Section 610 of the 

Regulatory Flexibility Act, 5 U.S.C. 610, 

and Section 5 of Executive Order (EO) 

12866. Section 610 directs agencies to 

review impacts of regulations on small 

businesses by examining: the continued 

need for the rule; the nature of 

complaints or comments received 

concerning the rule from the public; the 

complexity of the rule; the extent to 

which the rule overlaps, duplicates or 

conflicts with other Federal rules, and, 

to the extent feasible, with State and 

local governmental rules; and the length 

of time since the rule has been 

evaluated or the degree to which 

technology, economic conditions, or 

other factors have changed in the area 

affected by the rule. The EO requires 

agencies to determine whether their 

regulations ‘‘should be modified or 

eliminated so as to make the Agency’s 

regulatory program more effective in 

achieving the regulatory objectives, less 

burdensome, or in greater alignment 

with the President’s priorities and 

principles set forth in th[e] Executive 

Order.’’ Written comments on these and 

other relevant issues are welcome. 

DATES: Written comments to OSHA 

must be sent or postmarked by August 

12, 2010. 

ADDRESSES: You may submit comments 

by any of the following methods: 

Electronically: You may submit 

comments and attachments 

electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions on-line for making 

electronic submissions; 

Fax: If your submissions, including 

attachments, are not longer than 10 

pages, you may fax them to the OSHA 

Docket Office at (202) 693–1648; or 

Mail, hand delivery, express mail, 

messenger and courier service: You 

must submit three copies of your 

comments and attachments to the OSHA 

Docket Office, Docket No. OSHA–2007– 

0080, U.S. Department of Labor, Room 

N–2625, 200 Constitution Avenue, NW., 

Washington, DC 20210. Deliveries 

(hand, express mail, messenger and 

courier service) are accepted during the 

Department of Labor’s and Docket 

Office’s normal business hours, 8:15 

a.m.–4:45 p.m., e.t. 

Instructions: All submissions must 

include the Agency name and the OSHA 

docket number for this rulemaking 

(OSHA–2007–0080). Submissions are 

placed in the public docket without 

change and may be available online 

http://www.regulations.gov. OSHA 

cautions you about submitting personal 

information such as social security 

numbers and birth dates. 

Docket: To read or download 

submissions or other material in the 

docket, go to http://www.regulations.gov 


emcdonald on DSK2BSOYB1PROD with PROPOSALSEP14MY10.000</GPH>
27238 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Proposed Rules 

1http://www.osha.gov/SLTC/ 

bloodbornepathogens/index.html. 

2United States Department of Health and Human 

Services; Centers for Disease Control and 

Prevention (CDC); National Institute for 

Occupational Safety and Health (NIOSH); ‘‘NIOSH 

Alert: Preventing Needlestick Injuries in Health 

Care Settings;’’ NIOSH Publication No. 2000–108; 

November 1999. 

3United States Department of Labor, 

Occupational Safety and Health Administration 

(OSHA); Safety and Health Topics, Bloodborne 

Pathogens and Needlestick Prevention; http:// 

www.osha.gov/SLTC/bloodbornepathogens/ 

index.html. 

or the OSHA Docket Office at the 

address above. All documents in the 

docket are listed in the http:// 

www.regulations.gov index; however, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through the Web site. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

FOR FURTHER INFORMATION CONTACT: 

Joanna Dizikes Friedrich, Directorate of 

Evaluation and Analysis, Occupational 

Safety and Health Administration, 

Room N–3641, 200 Constitution 

Avenue, NW., Washington, DC 20210, 

Telephone (202) 693–1939, Fax (202) 

693–1641. 

SUPPLEMENTARY INFORMATION: 

Background 

OSHA issued the final Bloodborne 

Pathogens Standard (29 CFR 1910.1030) 

on December 6, 1991 (56 FR 64004). It 

was promulgated to protect health care 

workers from exposure to pathogens in 

blood and other potentially infectious 

materials, particularly the Hepatitis B 

virus (HBV) and the Human 

Immunodeficiency Virus (HIV). Workers 

who may have occupational exposure to 

bloodborne pathogens include, but are 

not limited to, physicians, nurses, 

nursing home workers, dental workers, 

funeral home workers, law enforcement, 

emergency, fire, and rescue workers. 

The Standard was upheld in American 

Dental Assoc. v. Martin, 984 F. 2d 823 

(7th Cir. 1993), cert. denied, 510 U.S. 

859 (1993). The court concluded that 

OSHA had shown that occupational 

exposure to bloodborne pathogens 

constituted a significant risk and that 

the compliance measures required by 

the standard were feasible. 

In 2001, in response to the 

Needlestick Safety and Prevention Act 

(Pub. L. 106–430, 114 Stat. 1901), OSHA 

revised the Bloodborne Pathogens 

Standard (66 FR 5318, 1/18/01) to 

include the use of safer needle devices 

and to involve employees in identifying 

and choosing these devices. Also, the 

updated Standard requires employers to 

maintain a log of injuries from 

contaminated sharps.1 (A sharp is any 

object that can penetrate the skin 

including, but not limited to, needles, 

scalpels, broken glass, broken capillary 

tubes, and exposed ends of dental 

wires.) Significant requirements of the 

1991 Standard are as follows: 2

• A written exposure plan intended 

to minimize or eliminate workers’ 

exposures to bloodborne pathogens; 

• Use of Universal Precautions (i.e., 

an infection control approach in which 

all human blood and certain human 

body fluids are treated as if known to be 

infectious for HIV, HBV, and other 

bloodborne pathogens); 

• Engineering controls to minimize or 

eliminate worker exposure; 

• Work practices to minimize or 

eliminate worker exposure; 

• Personal protective equipment if 

worker exposure is not eliminated by 

engineering controls or work practices; 

• Unless required by a specific 

medical or dental procedure or there is 

no feasible alternative, bending, 

recapping, or removing contaminated 

needles and other sharps is prohibited; 

• Shearing or breaking contaminated 

needles (i.e., needles reasonably 

expected to have blood or other 

potentially infectious substances on 

them) is prohibited; 

• Employers must make HBV 

vaccinations available to employees 

occupationally exposed to bloodborne 

pathogens and at no cost to the 

employees; 

• Employee training; 

• Post-exposure evaluation and 

follow-up; 

• If appropriate, post-exposure 

prophylaxis. 

The revised 2001 Standard clarifies 

the need for employers to: 3

• Select safer needle devices; 

• Involve employees in identifying 

and choosing safer needle devices; 

• Maintain a log of injuries from 

contaminated sharps. 

In conducting this lookback review, 

OSHA intends to investigate possible 

sources of occupational data on HIV, 

HBV, and needlestick injuries that may 

be applied to analyzing the impact of 

the Standard. Medical developments 

and treatment protocols may also be 

reviewed. Since the Standard affects 

small businesses across a range of 

sectors, the lookback review might 

identify opportunities for reducing the 

burden on small entities while 

maintaining or improving worker 

protection, particularly outside the 

healthcare sectors. 

Regulatory Review 

OSHA is reviewing the Bloodborne 

Pathogens Standard (29 CFR 1910.1030) 

under Section 610 of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) and 

Section 5 of Executive Order 12866 (58 

FR 51735, Oct 4, 1993). 

The purpose of a review under 

Section 610 of the Regulatory Flexibility 

Act: 

‘‘[S]hall be to determine whether such 

rules should be continued without 

change, or should be amended or 

rescinded, consistent with the stated 

objectives of applicable statutes, to 

minimize any significant impact of the 

rules upon a substantial number of such 

small entities.’’ 

In reviewing rules under this Section, 

‘‘the agency shall consider the following 

factors: 

(1) The continued need for the rule; 

(2) The nature of complaints or 

comments received concerning the rule 

from the public; 

(3) The complexity of the rule; 

(4) The extent to which the rule 

overlaps, duplicates or conflicts with 

other Federal rules, and, to the extent 

feasible, with State and local 

governmental rules; and 

(5) The length of time since the rule 

has been evaluated or the degree to 

which technology, economic conditions, 

or other factors have changed in the area 

affected by the rule.’’ 

The review requirements of Section 5 

of Executive Order 12866 require 

agencies: 

‘‘* * * to reduce the regulatory burden 

on the American people, their families, 

their communities, their State, local, 

and Tribal governments, and their 

industries; to determine whether 

regulations promulgated by the * * * 

[Agency] have become unjustified or 

unnecessary as a result of changed 

circumstances; to confirm that 

regulations are both compatible with 

each other and not duplicative or 

inappropriately burdensome in the 

aggregate; to ensure that all regulations 

are consistent with the President’s 

priorities and the principles set forth in 

this Executive order, within applicable 

law; and to otherwise improve the 

effectiveness of existing regulations 

* * *.’’ 

Request for Comments 

An important step in the review 

process involves gathering and 

analyzing information from affected 

persons about their experience 

complying with the rule and any 

material changes in circumstances since 

the rule was issued. This notice requests 

written comments on the continuing 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Proposed Rules 27239 

need for the Bloodborne Pathogens 

Standard (29 CFR 1910.1030), its impact 

on small businesses, its effectiveness in 

protecting workers, and all other issues 

raised by Section 610 of the Regulatory 

Flexibility Act and Section 5 of 

Executive Order 12866. It would be 

particularly helpful for commenters to 

suggest how the Standard could be 

modified to reduce the burden on 

employers while maintaining or 

improving employee protection. 

Furthermore, comments would be 

appreciated on the following topics: 

• Exposures in non-hospital settings; 

• Recent technological advances in 

needlestick prevention; 

• Effectiveness of needlestick 

prevention programs; 

• New, emerging health risks from 

bloodborne pathogens; and 

• Any other experiences related to 

compliance with the standard. 

Public comments will assist the Agency 

in determining whether to retain the 

Standard unchanged, to initiate 

rulemaking to revise or rescind it, or to 

develop improved compliance 

assistance. 

Comments must be submitted by 

August 12, 2010. Comments should be 

submitted to the addresses and in the 

manner specified at the beginning of the 

notice. 

Authority: This document was prepared 

under the direction of David Michaels, PhD, 

MPH, Assistant Secretary of Labor for 

Occupational Safety and Health, 200 

Constitution Avenue, NW., Washington, DC 

20210. It is issued under Section 610 of the 

Regulatory Flexibility Act (5 U.S.C. 610) and 

Section 5 of Executive Order 12866 (58 FR 

51735, October 4, 1993). 

Signed at Washington, DC on May 11, 

2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–11579 Filed 5–13–10; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Parts 1910, 1915, and 1926 

[Docket No. OSHA–H054a-2006–0064] 

RIN 1218–AC43 

Revising the Notification Requirements 

in the Exposure Determination 

Provisions of the Hexavalent 

Chromium Standards 

AGENCY: Occupational Safety and Health 

Administration (OSHA): Department of 

Labor. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: With this notice, OSHA is 

withdrawing the proposed rule that 

accompanied its direct final rule (DFR) 

amending the employee notification 

requirements in the exposure 

determination provisions of the 

Hexavalent Chromium (Cr(VI)) 

standards. 

DATES: Effective May 14, 2010, the 

proposed rule published March 16, 2010 

(75 FR 12485), is withdrawn. 

FOR FURTHER INFORMATION CONTACT: For 

general information and press inquiries 

contact Ms. Jennifer Ashley, Director, 

OSHA Office of Communications, Room 

N–3647, U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone: (202) 693–1999. 

For technical inquiries, contact Maureen 

Ruskin, Office of Chemical Hazards— 

Metals, Directorate of Standards and 

Guidance, Room N–3718, OSHA, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone: (202) 693–1950; fax: (202) 

693–1678. 

Copies of this Federal Register notice 

are available from the OSHA Office of 

Publications, Room N–3101, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone (202) 693–1888. Electronic 

copies of this Federal Register notice 

and other relevant documents are 

available at OSHA’s Web page at http:// 

www.osha.gov. 

SUPPLEMENTARY INFORMATION: On March 

17, 2010, OSHA published a DFR 

amending the employee notification 

requirements in the exposure 

determination provisions of the Cr(VI) 

standards at 29 CFR 1910.1026, 29 CFR 

1915.1026, and 29 CFR 1926.1126 (75 

FR 12681). OSHA also published a 

companion proposed rule proposing the 

same changes to the Cr(VI) standards. 

(75 FR 12485, March 16, 2010). In the 

DFR, OSHA stated that it would 

withdraw the companion proposed rule 

and confirm the effective date of the 

DFR if no significant adverse comments 

were submitted on the DFR by April 16, 

2010. 

OSHA received eight comments on 

the DFR, which the Agency has 

determined were not significant adverse 

comments. OSHA is publishing a notice 

announcing and explaining this 

determination and confirming the 

effective date of the DFR as June 15, 

2010. Accordingly, OSHA is not 

proceeding with the proposed rule and 

is withdrawing it from the rulemaking 

process. 

List of Subjects 

29 CFR Part 1910 

Exposure determination, General 

industry employment, Health, 

Hexavalent chromium (Cr(VI)), 

Notification of determination results to 

employees, Occupational safety and 

health. 

29 CFR Part 1915 

Exposure determination, Health, 

Hexavalent chromium (Cr(VI)), 

Notification of determination results to 

employees, Occupational safety and 

health, Shipyard employment. 

29 CFR Part 1926 

Construction employment, Exposure 

determination, Health, Hexavalent 

chromium (Cr(VI)), Notification of 

determination results to employees, 

Occupational safety and health. 

Authority and Signature 

David Michaels, PhD, MPH, Assistant 

Secretary of Labor for Occupational 

Safety and Health, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210, directed the 

preparation of this notice under the 

following authorities: Sections 4, 6, and 

8 of the Occupational Safety and Health 

Act of 1970 (29 U.S.C. 653, 655, 657), 

Secretary of Labor’s Order 5–2007 (72 

FR 31159), and 29 CFR part 1911. 

Signed at Washington, DC, on May 11, 

2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–11583 Filed 5–13–10; 8:45 am] 

BILLING CODE 4510–9–P 

DEPARTMENT OF THE TREASURY 

Fiscal Service 

31 CFR Part 210 

RIN 1510–AB24 

Federal Government Participation in 

the Automated Clearing House 

AGENCY: Financial Management Service, 

Fiscal Service, Treasury. 

ACTION: Notice of proposed rulemaking 

with request for comment. 

SUMMARY: The Department of the 

Treasury, Financial Management 

Service (Service) is proposing to amend 

our regulation governing the use of the 

Automated Clearing House (ACH) 

system by Federal agencies. Our 

regulation adopts, with some 

exceptions, the ACH Rules developed 

by NACHA—The Electronic Payments 


emcdonald on DSK2BSOYB1PROD with PROPOSALS