[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)]
[Rules and Regulations]
[Page 8901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02149]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, and 1926

[Docket No. OSHA-H005C-2006-0870]
RIN 1218-AB76


Occupational Exposure to Beryllium: Delay of Effective Date

AGENCY: Occupational Safety and Health Administration (OSHA), 
Department of Labor.

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with the Presidential directive as expressed in 
the memorandum of January 20, 2017, from the Assistant to the President 
and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this 
action temporarily delays until March 21, 2017 the effective date of 
the rule entitled Occupational Exposure to Beryllium, published in the 
Federal Register on January 9, 2017 (82 FR 2470), to allow OSHA 
officials the opportunity for further review and consideration of new 
regulations.

DATES: This regulation is effective on February 1, 2017. The effective 
date of the regulation entitled Occupational Exposure to Beryllium 
published in the Federal Register on January 9, 2017 (82 FR 2470) is 
delayed to a new effective date of March 21, 2017.

FOR FURTHER INFORMATION CONTACT: Frank Meilinger, Director, Office of 
Communications, Room N-3647, OSHA, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
1999; email [email protected].

SUPPLEMENTARY INFORMATION: OSHA bases this action on the Presidential 
directive as expressed in the memorandum of January 20, 2017, from the 
Assistant to the President and Chief of Staff, entitled ``Regulatory 
Freeze Pending Review.'' (82 FR 8346 (January 24, 2017)). That 
memorandum directed the heads of Executive Departments and Agencies to 
temporarily postpone for 60 days from the date of the memorandum the 
effective dates of all regulations that had been published in the 
Federal Register but had not yet taken effect. The memorandum also 
noted certain exceptions that do not apply here. OSHA is therefore 
delaying the effective date for the rule entitled ``Occupational 
Exposure to Beryllium'' to March 21, 2017.
    The Agency's implementation of this action without opportunity for 
public comment is based on the good cause exception in 5 U.S.C. 
553(b)(B), in that seeking public comment is impracticable, unnecessary 
and contrary to the public interest. The temporary delay in effective 
date until March 21, 2017, will give Agency officials the opportunity 
for review and consideration of new regulations, as required by the 
memorandum of the Assistant to the President and Chief of Staff, dated 
January 20, 2017. Given the imminence of this effective date, seeking 
prior public comment on this temporary delay would have been 
impractical, as well as contrary to the public interest in the orderly 
promulgation and implementation of regulations. In addition, since the 
Occupational Exposure to Beryllium rule would not have taken effect 
until March 10, 2017, as a practical matter the new effective date for 
this regulation would extend by only 11 days the original effective 
date. Thus, the good cause exception in 5 U.S.C. 553(b)(B) applies to 
OSHA's decision to extend the effective date of the beryllium rule 
without first going through notice and comment. This extension of the 
effective date will not impact the compliance dates of the Beryllium 
rule.
    In taking this action, the Agency also invokes the good cause 
exception in 5 U.S.C. 553(d)(3), which allows the action to be 
immediately effective for ``good cause'' rather than subject to the 
requirement in the Administrative Procedure Act (5 U.S.C. 553(d)) that 
a minimum of 30 days is required before a rule may become effective. 
The nature of this action, which is to extend by 11 days a final rule 
that otherwise becomes effective on March 10, 2017, makes it 
unnecessary and impractical to delay the effectiveness of this action 
by 30 days.

    Signed at Washington, DC, on January 26, 2017.
Dorothy Dougherty,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-02149 Filed 1-31-17; 8:45 am]
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