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TMCNet: Revising the Notification Requirements in the Exposure Determination Provisions of the Hexavalent Chromium Standards

[March 17, 2010]

Revising the Notification Requirements in the Exposure Determination Provisions of the Hexavalent Chromium Standards

Mar 17, 2010 (Labor Department Documents and Publications/ContentWorks via COMTEX) -- SUMMARY: On February 28, 2006, OSHA published a final rule for Occupational Exposure to Hexavalent Chromium (Cr(VI). Public Citizen Health Research Group (Public Citizen) and other parties petitioned for review of the standard in the United States Court of Appeals for the Third Circuit. The court denied the petitions for review on all but one issue. The Third Circuit remanded the employee notification requirements in the standard's exposure determination provisions for further consideration. More specifically, the court directed the Agency to either provide an explanation for its decision to limit employee notification requirements to circumstances in which Cr(VI) exposures exceed the permissible exposure limit (PEL) or take other appropriate action with respect to that paragraph of the standard. After reviewing the rulemaking record on this issue, and reconsidering the provision in question, OSHA has decided to revise the notification requirements, by means of this direct final rule, to require employers to notify employees of the results of all exposure determinations.


DATES: This direct final rule will become effective on June 15, 2010 unless significant adverse comment is submitted (transmitted, postmarked, or delivered) by April 16, 2010. Comments to this direct final rule, hearing requests, and other information must be submitted (transmitted, postmarked, or delivered) by April 16, 2010. All submissions must bear a postmark or provide other evidence of the submission date.

ADDRESSES: You may submit comments, hearing requests, and other materials, identified by Docket No. OSHA-H054a-2006-0064, by any of the following methods: Electronically: You may submit comments and attachments electronically athttp://www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments.

Facsimile: OSHA allows facsimile transmission of comments and hearing requests that are 10 pages or fewer in length (including attachments). You can fax these documents to the OSHA Docket Office at (202) 693-1648; hard copies of these documents are not required. Instead of transmitting facsimile copies of attachments that supplement these documents (e.g., studies, journal articles), commenters must submit these attachments to the OSHA Docket Office, Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210. These attachments must clearly identify the sender's name, the date, and the Docket No. (OSHA-H054a-2006-0064) so that the Agency can attach them to the appropriate document.

Regular mail, express delivery, hand (courier) delivery, and messenger service: Submit comments and any additional material to the OSHA Docket Office, Docket No. OSHA-H054a-2006-0064 or RIN No. 1218-AC43, Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210; telephone: (202) 693-2350. (OSHA's TTY number is (877) 889-5627.) Note that security procedures may delay OSHA's receipt of comments and other written materials submitted by regular mail. Please contact the OSHA Docket Office for information about security procedures concerning delivery of materials by express delivery, hand delivery, and messenger service. Deliveries (hand, express mail, messenger service) are accepted during the Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.

Instructions: All submissions must include the Agency name and the OSHA docket number (i.e., OSHA Docket No. OSHA-H054a-2006-0064). Comments and other material, including any personal information, will be placed in the public docket without revision, and will be available online at http://www.regulations.gov. Therefore, the Agency cautions commenters about submitting statements they do not want made available to the public or submitting comments that contain personal information (either about themselves or others) such as Social Security numbers, birth dates, and medical data.

Docket: To read or download comments or other material in the docket, go to http://www.regulations.gov or to the OSHA Docket Office at the address above. 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 this Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Contact the OSHA Docket Office for assistance in locating docket submissions.

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, as well as news releases and other relevant documents, are available at OSHA's Web page at http://www.osha.gov.

SUPPLEMENTARY INFORMATION: Table of Contents I. Request for Comment II. Direct Final Rulemaking III. Discussion of Changes IV. Legal Considerations V. Final Economic Analysis and Regulatory Flexibility Act Certification VI. OMB Review Under the Paperwork Reduction Act of 1995 VII. Federalism VIII. State Plan States IX. Unfunded Mandates Reform Act X. List of Subjects for 29 CFR Parts 1910, 1915, and 1926 Authority and Signature I. Request for Comment OSHA requests comments on all issues related to this action including economic or other regulatory impacts of this action on the regulated community. If OSHA receives no significant adverse comment, OSHA will publish a Federal Register document confirming the effective date of this direct final rule and withdrawing the companion proposed rule published in the Proposed Rules section of today's Federal Register . Such confirmation may include minor stylistic or technical changes to the document. For the purpose of judicial review, OSHA views the date of confirmation of the effective date of this direct final rule as the date of promulgation.

II. Direct Final Rulemaking In direct final rulemaking, an agency publishes a direct final rule in the Federal Register with a statement that the rule will go into effect unless significant adverse comment is received within a specified period of time. An identical proposed rule is often published at the same time. If a significant adverse comment is not submitted in response to the direct final rule, the rule goes into effect. If a significant adverse comment is received, the agency withdraws the direct final rule and treats such comment as a response to the proposed rule. Direct final rulemaking is typically used where an agency anticipates that a rule will not be controversial. Examples include minor substantive changes to regulations, direct incorporations of mandates from new legislation, and in this case, minor changes to regulations resulting from a judicial remand.

For purposes of this direct final rule, a significant adverse comment is one that explains why the amendments being made to OSHA's standards would be inappropriate. In determining whether a comment necessitates withdrawal of the direct final rule, the Agency will consider whether the comment raises an issue serious enough to warrant a substantive response in a notice-and-comment process. OSHA will not consider a comment recommending an additional amendment to be a significant adverse comment unless the comment states why the direct final rule would be ineffective without the addition. If timely significant adverse comment is received, OSHA will publish a notice of significant adverse comment in the Federal Register withdrawing this direct final rule no later than May 17, 2010.

OSHA is publishing a companion proposed rule along with this direct final rule. The comment period for the proposed rule runs concurrently with that of the direct final rule. Comments received on the companion proposed rule will also be treated as comments regarding the direct final rule. Likewise, significant adverse comment submitted to the direct final rule will also be considered as comment to the companion proposed rule.

If OSHA receives a significant adverse comment on this direct final rule, the Agency will publish a timely withdrawal of this direct final rule and proceed with the companion proposed rule that was published in the Proposed Rule's section of today's Federal Register . In the event OSHA withdraws the direct final rule because of significant adverse comment, the Agency will consider all comments received when it continues with the proposed rule. OSHA will then decide whether to publish a new final rule.

--This is a summary of a Federal Register article originally published on the page number listed below-- Direct final rule.

CFR Part: "29 CFR Parts 1910, 1915, and 1926" RIN Number: "RIN 1218-AC43" Citation: "75 FR 12681" Document Number: "Docket No. OSHA-H054a-2006-0064" Federal Register Page Number: "12681" "Rules and Regulations"

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