[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
  [Rules and Regulations]
  [Pages 60272-60274]
  From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
  [FR Doc No: 2016-20442] 



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  DEPARTMENT OF LABOR

  Occupational Safety and Health Administration

  29 CFR Part 1910, 1915, and 1926

  [Docket No.

Abstract:
This document constitutes OSHA's response on three of nine issues
which were remanded to OSHA by the U.S. Court of Appeals for the
District of Columbia after publication (6/20/86) of the revised
standards governing occupational exposure to asbestos in general
industry and construction. On 2/2/88 the Court upheld the standard
in most respects but remanded the case to OSHA on several issues. In
partial response, OSHA issued a short term exposure limit for
asbestos of 1 f/cc averaged over a sampling period of 30 minutes
(9/14/88).

On 6/20/86 OSHA published revised standards governing occupational exposure to asbestos in general industry and construction. On 2/2/88, a U.S. Court of Appeals upheld the standard in most respects but remanded the case to OSHA on nine issues. OSHA issued its response on the first 3 remand issues on 12/10/90 (54 FR 52024).

Abstract:
OSHA is extending the partial administrative stay for general
industry and construction insofar as they apply to occupational
exposure to non-asbestiform tremolite, anthophyllite and actinolite
until November 30, 1990. OSHA will conduct supplemental rulemaking
limited to the issue of whether these substances should continue to
be regulated in the same standard as asbestos, or should be treated
in some other way. OSHA also is making minor amendments to notes in
1910. 1001 and 1926.58.

On 6/20/86, OSHA published revised standards governing occupational exposure to asbestos, tremolite, anthophyllite and actinolite in general industry and construction (51 FR 22612). A U.S. Court of Appeals for the upheld the standard in most respects but remanded the case to OSHA on several issues. OSHA published a partial response to the court''s remand (on 2/5/90) including promulgating several new regulatory provisions. The Agency sought OMB clearance on certain information gathering provisions contained in the 2/5/90 response.

OSHA is extending the period for submission of comments and analyses on a recent document submitted to the Agency by the American Thoracic Society (ATS). OSHA also is cancelling the informal public hearing scheduled for 11/9/90. Comments and analyses relevant to issues raised in the ATS final report must be postmarked by 12/14/90. CONTACT: James Foster DOL Washington, DC.

OSHA is conducting supplemental rulemaking on its standards issued 6/7/86 (51 FR 22512, 6/20/86) for occupational exposure to asbestos, tremolite, anthophyllite and actinolite in general industry (1910.1001) and in the construction industry (1926.58). These standards revised the 1972 asbestos standard, reduced the permissible exposure limit (PEL) from 2.0 to 0.2 fibers per cubic centimeter (f/cc) time-weighted average (TWA) and updated other requirements. On 2/2/88 the U.S. Court of Appeals upheld most aspects of the standard but remanded the case to OSHA on several issues.

The partial stay of 29 CFR 1910.1001 and 1926.58 is extended until 8/31/91. OSHA is extending the partial administrative stay of the revised final standards for occupational exposure to asbestos, tremolite, anthophyllite and actinolite for general industry and construction, insofar as they apply to occupational exposure to non- asbestiform tremolite, anthophyllite and actinolite.

Abstract:

In this final standard OSHA amends its present standards for regulating occupational exposure to asbestos in general industry and construction standards. OSHA has reviewed available relevant evidence concerning the health effects of nonasbestiform tremolite, anthophyllite and actinolite and has also examined the feasibility of various regulatory options.