[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3253 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 3253

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, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2016

 Mrs. Fischer (for herself, Ms. Heitkamp, Mr. Gardner, Mr. Hoeven, and 
  Mrs. Ernst) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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, and 
                          for other purposes.

    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, and all 
        documents associated with the revised enforcement policy.
            (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) In general.--In promulgating any 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), the Secretary of Labor, acting through the Assistant 
        Secretary of Labor for Occupational Safety and Health, shall--
                    (A)(i) promulgate the rule in the manner required 
                under section 6(b) of the Occupational Safety and 
                Health Act of 1970 (29 U.S.C. 655(b)), if the rule is 
                subject to such section; or
                    (ii) if the rule is not subject to such section, 
                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.
            (2) Significant regulatory action.--Promulgation of a rule 
        under paragraph (1) shall be--
                    (A) considered a ``significant regulatory action'', 
                as defined in section 3(f)(1) of Executive Order 12866 
                (5 U.S.C. 601 note; relating to regulatory planning and 
                review); and
                    (B) subject to the Office of Information and 
                Regulatory Affairs review procedures in accordance with 
                section 6(b) of such Executive order.
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