[Federal Register: March 17, 2009 (Volume 74, Number 50)]
[Proposed Rules]               
[Page 11329-11330]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr09-12]                         

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. OSHA-2008-0046]
RIN 1218-AC33

Occupational Exposure to Diacetyl and Food Flavorings Containing 
Diacetyl

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

ACTION: Advance Notice of Proposed Rulemaking; withdrawal.

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SUMMARY: OSHA is withdrawing its Advance Notice of Proposed Rulemaking 
(ANPRM) on Occupational Exposure to Diacetyl and Food Flavorings 
Containing Diacetyl in order to facilitate convening a Small Business 
Advocacy Review Panel, pursuant to the Small Business Regulatory 
Enforcement Fairness Act (SBREFA). Materials submitted prior to this 
withdrawal as well as any other information submitted directly to OSHA 
after the withdrawal will be put in the public rulemaking docket and 
receive equal consideration as a part of the rulemaking record. In 
addition, there will be several other opportunities for stakeholders to 
provide information and comment during the rulemaking process.

DATES: The ANPRM on Occupational Exposure to Diacetyl and Food 
Flavorings Containing Diacetyl, published January 21, 2009 (74 FR 
3938), is withdrawn, effective March 17, 2009.

SUPPLEMENTARY INFORMATION: On September 25, 2007, OSHA announced its 
intent to initiate rulemaking to address concerns regarding diacetyl 
exposure in the workplace pursuant to Section 6(b) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 651, 655). The Agency hosted a 
stakeholder meeting on October 17, 2007, as part of its process to 
gather information for the rulemaking. The meeting addressed not only 
specific OSHA information requests, but also identified stakeholder 
concerns associated with developing a standard addressing occupational 
exposure to diacetyl and food flavorings containing diacetyl. OSHA also 
announced its intent to convene a Small Business Advocacy Review (SBAR) 
Panel, pursuant to the SBREFA, in the Department of Labor's Semiannual 
Regulatory Agenda (73 FR 71396, 71399, 11/24/2008). The SBREFA requires 
that, prior to publication of any proposed rule that has a significant 
economic impact on a substantial number of small entities, OSHA convene 
a SBAR Panel to determine the impacts of such a rule on small 
businesses and the ways those impacts can be reduced, consistent with 
the Agency's statutory requirements.
    On January 21, 2009, OSHA published an ANPRM (74 FR 3938). The 
ANPRM sought information and comment on issues related to occupational 
exposure to diacetyl and food flavorings containing diacetyl, including 
current employee exposures; the relationship between exposure and the 
development of adverse health effects; methods to evaluate, monitor, 
and control exposure; and related topics.
    OSHA is withdrawing the ANPRM in order to promptly convene a SBAR 
panel. Responses to the questions raised in the ANPRM, however, are 
still of interest to OSHA. Thus, such responses submitted prior to this 
withdrawal as well as any other information submitted directly to OSHA 
after this withdrawal will be included in the public rulemaking docket 
and receive equal consideration as a part of the overall rulemaking 
record. In addition, relevant materials received before the SBAR panel 
is formally convened will be considered as part of the SBREFA review 
process. For consideration in the SBREFA review, OSHA requests that 
such information be submitted within 10 business days of this notice. 
Commenters should be aware that upon withdrawal of this ANPRM they will 
no longer be able to use the http://www.regulations.gov portal for 
submitting comments. Information submitted informally to the Agency 
after withdrawal of this ANPRM should be sent to OSHA's Docket Office 
at the address/fax number indicated below. OSHA believes that 
withdrawing the ANPRM will not hinder the ability of the Agency to 
obtain information or limit stakeholders from providing information and 
comment during this rulemaking. OSHA recognizes the importance of 
gathering information and comment during the development of rules and 
stakeholders still have several avenues to provide input during the 
rulemaking process even though the ANPRM is being withdrawn.
    For example, during the SBREFA process, small entity 
representatives (SERs) will review and comment on a draft proposed 
standard, alternatives to the draft proposal, and preliminary analyses 
of costs, benefits, and impacts of the draft proposal. At the same time 
OSHA provides these documents to the SERs, the Agency will include the 
documents in the public docket of this rulemaking (Docket No. OSHA-
2008-0046), which is available for stakeholders to view and download. 
OSHA will hold meetings (open to the public) with the SERs to gather 
their input and will put their written comments in the public docket. 
Finally, OSHA will put the final SBAR Panel report in the public docket 
at the conclusion of the process. Throughout this process, interested 
parties who are not directly participating in the SBREFA process may 
nevertheless enter comments into the public docket for this rulemaking. 
Such comments will be considered by OSHA as part of the rulemaking. In 
addition, OSHA will formally request public comment when the Agency 
publishes a proposed rule in the Federal Register, and will hold public 
hearings at which stakeholders will be provided a further opportunity 
to provide additional information, make suggestions, and raise issues.
    OSHA also intends to conduct expert peer reviews of the preliminary 
risk and feasibility assessments and will put the relevant documents in 
the public docket when a rule is proposed and open for public comment. 
In addition, OSHA has conducted and is continuing to conduct site 
visits at workplaces where exposures to diacetyl and food flavorings 
containing diacetyl may occur to collect information on processes 
utilizing diacetyl and the controls used to prevent or minimize 
employee exposures.

FOR FURTHER INFORMATION CONTACT: 
    Press Inquiries: Jennifer Ashley, OSHA, Office of Communications, 
Room N-3647, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210; telephone: 202-693-1999.
    General and Technical Information: David O'Connor, OSHA, 
Directorate of Standards and Guidance, Office of Chemical Hazards--Non-
Metals, Room N-3718, U.S. Department of Labor, 200 Constitution Avenue, 
NW., Washington, DC 20210; telephone 202-693-2090.
    Submission of Information and Comment: OSHA Docket Office, Room N-
2625, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210 (reference Docket No. OSHA-2008-0046); telephone 
202-693-2350 or David O'Connor, OSHA, Directorate of Standards and 
Guidance, Office of Chemical Hazards--Non-Metals, Room N-3718, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210; telephone 202-693-2090. If your comments, including attachments 
do not exceed 10 pages, you may fax them to the OSHA Docket Office at 
202-693-1648.

Authority and Signature

    This document was prepared under the direction of Donald G. 
Shalhoub, Deputy Assistant Secretary of Labor for Occupational Safety 
and Health, U.S. Department of Labor. It is issued pursuant to section 
4, 6, and 8 of the Occupational Safety and Health Act of 1970 and 
Secretary of Labor's Order No. 5-2007 (72 FR 31160).

    Signed at Washington, DC, this 11th day of March 2009.
Donald G. Shalhoub,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-5689 Filed 3-16-09; 8:45 am]

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