September 19, 2007 BY ELECTRONIC MAIL Mr. Robert E. Burt Small Business Advocacy Chair Occupational Safety and Health Administration U.S. Department of Labor 200 Constitution Ave., NW Washington, DC 20210 Subject: Formal Notification of a Small Business Advocacy Review Panel for the Preliminary Draft Standard for Occupational Exposure to Beryllium Dear Mr. Burt: Thank you for your letter on September 17, 2007, officially notifying the Office of Advocacy that the Occupational Safety and Health Administration (OSHA) will convene a small business advocacy review panel for the above-captioned rule under section 609(b) of the Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). We welcome the opportunity to work with OSHA and the Office of Management and Budget (OMB) on this important panel. In preparation, the Office of Advocacy has already worked with you to develop the list of small entity representatives (SERs) who will provide input to the panel. We have spoken to each of the potential SERs on the list we provided to you and will work with you to finalize the list. It is my understanding that OSHA will ensure that only regulated small entities are selected to participate and address issues of importance to small entities. Pursuant to section 609(b)(4) of the RFA, you have provided a copy of the draft rule, draft preliminary initial regulatory flexibility analysis, and supporting materials for review by the panel members. The Office of Advocacy has been in close communication with OSHA and participated in several pre-panel telephone calls in accordance with the current OSHA SBREFA guidance to assure the adequacy and timeliness of the information and data provided to the SERs and the panel members. Thank you for your continued support and advocacy on behalf of small business issues. Please contact Bruce Lundegren of this office at (202) 205-6144 (or bruce.lundegren@sba.gov) if you have any questions or require additional information specific to this panel. Sincerely, //signed// Thomas M. Sullivan Chief Counsel for Advocacy //signed// Bruce E. Lundegren Assistant Chief Counsel for Advocacy cc: The Honorable Edwin G. Foulke, Jr. Assistant Secretary of Labor for Occupational Safety and Health The Honorable Susan E. Dudley, Administrator Office of Information and Regulatory Affairs - 2 -