[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5213 Introduced in House (IH)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fertilizer Access and Responsible 
Management Act'' or the ``FARM Act''.

SEC. 2. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION PROCESS SAFETY 
              MANAGEMENT STANDARD.

    (a) Withdrawal of Policy.--
            (1) In general.--The Secretary of Labor, acting through the 
        Assistant Secretary of Labor for Occupational Safety and 
        Health, shall withdraw 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, issued as a memorandum by the Occupational 
        Safety and Health Administration on July 22, 2015.
            (2) Enforcement.--The Secretary of Labor, acting through 
        the Assistant Secretary of Labor for Occupational Safety and 
        Health, shall enforce section 1910.119(a)(2)(i) of title 29, 
        Code of Federal Regulations (or any corresponding similar 
        regulation or ruling) in the same manner as such section was 
        enforced on July 21, 2015, unless such section is amended in 
        accordance with subsection (b).
    (b) Requirements for Rulemaking.--
            (1) Proposed rule.--The Secretary may publish any proposed 
        rule 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 (or any corresponding similar 
        regulation or ruling) only if--
                    (A) the Secretary, acting through the Assistant 
                Secretary of Labor for Occupational Safety and Health, 
                arranges for an independent third party to conduct a 
                cost analysis of such proposed rule, and the Secretary 
                includes such analysis in the publication of the 
                proposed rule; and
                    (B) the Bureau of the Census establishes a code for 
                farm supply retailers under sector 44-45 (relating to 
                retail trade) of the North American Industry 
                Classification System.
            (2) Notice and comment.--In promulgating any rule related 
        to the exemption described in paragraph (1), the Secretary of 
        Labor, acting through the Assistant Secretary of Labor for 
        Occupational Safety and Health, shall--
                    (A) provide notice and comment rulemaking in 
                accordance with section 553 of title 5, United States 
                Code; and
                    (B) invite meaningful public participation in such 
                rulemaking.
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