[Congressional Record Volume 162, Number 19 (Tuesday, February 2, 2016)]
[Senate]
[Page S493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3186. Mrs. FISCHER (for herself, Mr. Cochran, Mr. Grassley, Mr. 
Gardner, Mrs. Ernst, and Mr. Moran) submitted an amendment intended to 
be proposed to amendment SA 2953 proposed by Ms. Murkowski to the bill 
S. 2012, to provide for the modernization of the energy policy of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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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