60_Day_FRN

60 Day_FRN_03-12-2024.pdf

Beryllium Standard for General Industry (29 CFR 1910.1024)

60_Day_FRN

OMB: 1218-0267

Document [pdf]
Download: pdf | pdf
17882

Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices

information required in paragraph
(k)(5)(i), (ii), (iv), and (v) and that the
PLHCP explains the results of the
examination to the employee within 30
days of the examination. Also, the
employer is required to obtain a written
medical opinion from the CBD
diagnostic center within 30 days of the
medical examination and ensure that
each employee receives a copy of the
written medical opinion from the CBD
diagnostic center within 30 days of any
medical examination performed for that
employee.
Under paragraph (l)(1) of medical
removal, the employer is required to
remove an employee that is eligible for
medical removal, if the employee works
in a job with airborne exposure at or
above the action level and either: (i) the
employee provides the employer with a
written medical report indicating a
confirmed positive finding or CBD
diagnosis or a written medical report
recommending removal from airborne
exposure to beryllium in accordance
with paragraph (k)(5)(v) or (k)(7)(ii) of
the standard; or (ii) the employer
receives a written medical opinion
recommending removal from airborne
exposure to beryllium in accordance
with paragraph (k)(6)(v) or (k)(7)(iii) of
the standard.
In paragraph (m)(2) the employer is
required to post warning signs at each
approach to a regulated area. Paragraph
(m)(3) requires the employer to label
each bag and container of clothing,
equipment, and materials contaminated
with beryllium.
In paragraph (m)(4)(iv) the employer
is required to make a copy of this
standard and its appendices readily
available at no cost to each employee
and designated employee
representative(s).
Under paragraph (n) recordkeeping,
the employer is required to make and
maintain records for the air monitoring
data, objective data, medical
surveillance, and training. Access to
these records must be made available
upon request for examination and
copying to the Assistant Secretary, the
Director, each employee, and each
employee’s designated representative(s)
in accordance with the Record Access
standard (29 CFR 1910.1020).
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II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
agency’s functions to protect workers,
including whether the information is
useful;

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• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirements,
including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply; for
example, by using automated or other
technological information, and
transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend
the approval of the information
collection requirements contained in the
Occupational Exposure to Beryllium
and Beryllium Compounds in the
Shipyard Sector. The agency is
requesting an adjustment decrease in
burden from 6,609 hours to 2,565 hours,
a difference of 4,044 hours. This
decrease in burden is due to removing
rule familiarization from this ICR and
reducing the rate of non-compliance for
employers.
OSHA will summarize the comments
submitted in response to this notice and
will include this summary in the
request to OMB to extend the approval
of the information collection
requirements.
Type of Review: Extension of a
currently approved collection.
Title: Occupational Exposure to
Beryllium and Beryllium Compounds
Standard in the Shipyard Sector.
OMB Control Number: 1218–0272.
Affected Public: Business or other forprofits; Federal Government; State,
Local, or Tribal Government.
Number of Respondents: 696.
Number of Responses: 4,661.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 2,565.
Estimated Cost (Operation and
Maintenance): $824,741.
IV. Public Participation—Submission of
Comments on This Notice and Internet
Access to Comments and Submissions
You may submit comments in
response to this document as follows:
(1) electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal; or (2) by
facsimile (fax), if your comments,
including attachments, are not longer
than 10 pages you may fax them to the
OSHA Docket Office at 202–693–1648.
All comments, attachments, and other
material must identify the agency name
and the OSHA docket number for the
ICR (OSHA–2024–0001). You may
supplement electronic submission by
uploading document files electronically.
Comments and submissions are
posted without change at http://

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www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and dates of birth.
Although all submissions are listed in
the http://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download from this website. All
submission, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://
www.regulations.gov website to submit
comments and access the docket is
available at the website’s ‘‘User Tips’’
link. Contact the OSHA Docket Office at
(202) 693–2350, (TTY (877) 889–5627)
for information about materials not
available from the website, and for
assistance in using the internet to locate
docket submissions.
V. Authority and Signature
James S. Frederick, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice. The authority
for this notice is the Paperwork
Reduction Act of 1995 (44 U.S.C. 3506
et seq.) and Secretary of Labor’s Order
No. 8–2020 (85 FR 58393).
Signed at Washington, DC, on March 7,
2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2024–05245 Filed 3–11–24; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2019–0010]

Occupational Exposure to Beryllium
and Beryllium Compounds in General
Industry; Extension of the Office of
Management and Budget’s (OMB)
Approval of Information Collection
(Paperwork) Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:

OSHA solicits public
comments concerning the proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
specified in the Occupational Exposure
to Beryllium and Beryllium Compounds
in General Industry.
DATES: Comments must be submitted
(postmarked, sent, or received) by May
13, 2024.
SUMMARY:

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Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices
ADDRESSES:

Electronically: You may submit
comments and attachments
electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Docket: To read or download
comments or other material in the
docket, go to http://
www.regulations.gov. 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 the websites.
All submissions, including copyrighted
material, are available for inspection
through the OSHA Docket Office.
Contact the OSHA Docket Office at (202)
693–2350 (TTY (877) 889–5627) for
assistance in locating docket
submissions.
Instructions: All submissions must
include the agency name and OSHA
docket number (OSHA–2019–0010) for
the Information Collection Request
(ICR). OSHA will place all comments,
including any personal information, in
the public docket, which may be made
available online. Therefore, OSHA
cautions interested parties about
submitting personal information such as
social security numbers and birthdates.
For further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:

Seleda Perryman, Directorate of
Standards and Guidance, OSHA, U.S.
Department of Labor; telephone (202)
693–2222.
SUPPLEMENTARY INFORMATION:

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I. Background
The Department of Labor, as part of
the continuing effort to reduce
paperwork and respondent (i.e.,
employer) burden, conducts a
preclearance consultation program to
provide the public with an opportunity
to comment on proposed and
continuing information collection
requirements in accordance with the
Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3506(c)(2)(A)). This program
ensures that information is in the
desired format, reporting burden (time
and costs) is minimal, the collection
instruments are clearly understood, and
OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
1970 (OSH Act) (29 U.S.C. 651 et seq.)
authorizes information collection by

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employers as necessary or appropriate
for enforcement of the OSH Act or for
developing information regarding the
causes and prevention of occupational
injuries, illnesses, and accidents (29
U.S.C. 657). The OSH Act also requires
that OSHA obtain such information
with minimum burden upon employers,
especially those operating small
businesses, and to reduce to the
maximum extent feasible unnecessary
duplication of effort in obtaining
information (29 U.S.C. 657).
The purpose of these requirements
specified by the beryllium standards in
General Industry help protect workers
from harmful elements when exposed to
permissible exposure limit (PEL) of
beryllium and beryllium compounds in
the workplace. The information
collection requirements contained in the
general industry standard are described
below.
Paragraph (d)(2) contains the
performance option where the employer
must assess the 8-hour time weighted
average (TWA) exposure and the 15minute short-term exposure for each
employee on the basis of any
combination of air monitoring data and
objective data sufficient to accurately
characterize airborne exposure to
beryllium. Employers do not have to
conduct initial exposure monitoring if
they rely on objective data that would
satisfy the exposure assessment
requirements contained in this standard.
Paragraph (d)(3) says the employer must
perform initial monitoring to assess the
8-hour TWA exposure and the 15minute short-term exposure for each
employee on the basis of one or more
personal breathing zone air samples that
reflect the airborne exposure of
employees on each shift, for each job
classification, and in each work area
and the employer is required to do
periodic monitoring when the most
recent exposure monitoring indicates
that airborne exposure is at or above the
action level but at or below the TWA
PEL, the employer must repeat such
monitoring within six months of the
most recent monitoring. Where the most
recent exposure monitoring indicates
that airborne exposure is above the
TWA PEL or above the short-term
exposure limit (STEL), the employer
must repeat such monitoring within
three months of the most recent 8-hour
TWA exposure monitoring. Paragraph
(d)(4) requires the employer to reassess
airborne exposure whenever a change in
the production, process, control
equipment, personnel, or work practices
may reasonably be expected to result in
new or additional airborne exposure at
or above the action level or STEL, or
when the employer has any reason to

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17883

believe that new or additional airborne
exposure at or above the action level or
STEL has occurred.
In paragraph (f)(1)(i) the employer is
required to establish, implement, and
maintain a written exposure control
plan and what information and
procedures are included in the plan.
Paragraph (f)(1)(ii) requires the
employer to review and evaluate the
effectiveness of each written exposure
control plan at least annually and
update it as necessary. Also, in
paragraph (f)(1)(iii) the employer must
make a copy of the written exposure
control plan accessible to each
employee who is, or can reasonably be
expected to be, exposed to airborne
beryllium in accordance with OSHA’s
Access to Employee Exposure and
Medical Records (Records Access)
standard (29 CFR 1910.1020(e)).
Paragraph (g)(2) requires the employer
to provide respiratory protection for the
selection and use of respirators, medical
evaluations of employees required to
use respirators, respirator fit testing
procedures for tight-fitting respirators,
and procedures for proper use of
respirators in routine and reasonably
foreseeable emergency situations.
Paragraph (h)(3)(iii) requires the
employer to inform in writing the
persons or the business entities who
launder, clean, or repair the personal
protective clothing or equipment
required by this standard of the
potentially harmful effects of airborne
exposure to and dermal contact with
beryllium and that the personal
protective clothing and equipment must
be handled in accordance with this
standard. This provision is intended to
reduce exposure to beryllium for
employees handling berylliumcontaminated materials by providing
employers and employees handling
these materials the information
necessary to protect employees from
beryllium exposure.
Under paragraph (k)(1) the employer
is required to make medical surveillance
available at no cost to the employee, and
at a reasonable time and place, to each
employee who: (A) Is reasonably
expected to be exposed at or above the
action level for more than 30 days per
year; (B) Shows signs or symptoms of
chronic beryllium disease (CBD) or
other beryllium-related health effects; or
(C) Is exposed to beryllium during an
emergency; or (D) Most recent written
medical opinion required by paragraph
(k)(6) or (k)(7) recommended periodic
medical surveillance.
In paragraph (k)(5) of medical
surveillance, the employer is required to
ensure that the employee receives a
written medical report from the licensed

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Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices

physician within 45 days of the
examination (including any follow-up
beryllium lymphocyte proliferation test
(BeLPT) required under paragraph
(k)(3)(ii)(E) of this standard) and that the
physician or other licensed health care
professional (PLHCP) explains the
results of the examination to the
employee. The requirement for a written
medical report ensures that the
employee receives a record of all
findings. In paragraph (k)(6) of medical
surveillance the employer is required to
obtain a written medical opinion from
the licensed physician within 45 days of
the medical examination and what must
be contained in the written medical
opinion. Under paragraph (k)(7) of
medical surveillance, when being
referred to the CBD Diagnostic Center,
the employer is required to provide an
evaluation at no cost to the employee at
a CBD diagnostic center that is mutually
agreed upon by the employer and the
employee. The examination must be
provided within 30 days of: (A) The
employer’s receipt of a physician’s
written medical opinion to the employer
that recommends referral to a CBD
diagnostic center; or (B) The employee
presenting to the employer a physician’s
written medical report indicating that
the employee has been confirmed
positive or diagnosed with CBD or
recommending referral to a CBD
diagnostic center. The employer must
ensure that the employee receives all
written medical reports from the CBD
diagnostic center that contains all the
information required in paragraph
(k)(5)(i), (ii), (iv), and (v), and that the
PLHCP explains the results of the
examination to the employee within 30
days of the examination. Also, the
employer is required to obtain a written
medical opinion from the CBD
diagnostic center within 30 days of the
medical examination and ensure that
each employee receives a copy of the
written medical opinion from the CBD
diagnostic center within 30 days of any
medical examination performed for that
employee.
Under paragraph (l)(1) of medical
removal the employer is required to
remove an employee that is eligible for
medical removal if the employee works
in a job with airborne exposure at or
above the action level and either: (i) the
employee provides the employer with a
written medical report indicating a
confirmed positive finding or CBD
diagnosis or a written medical report
recommending removal from airborne
exposure to beryllium in accordance
with paragraph (k)(5)(v) or (k)(7)(ii) of
the standard; or (ii) the employer
receives a written medical opinion

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recommending removal from airborne
exposure to beryllium in accordance
with paragraph (k)(6)(v) or (k)(7)(iii) of
the standard.
In paragraph (m)(2) the employer is
required to post warning signs at each
approach to a regulated area. Paragraph
(m)(3) requires the employer to label
each bag and container of clothing,
equipment, and materials contaminated
with beryllium.
In paragraph (m)(4)(iv) the employer
is required to make a copy of this
standard and its appendices readily
available at no cost to each employee
and designated employee
representative(s).
Under paragraph (n) recordkeeping,
the employer is required to make and
maintain records for the air monitoring
data, objective data, medical
surveillance, and training. Access to
these records must be made available
upon request for examination and
copying to the Assistant Secretary, the
Director, each employee, and each
employee’s designated representative(s)
in accordance with the Record Access
standard (29 CFR 1910.1020).
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
agency’s functions to protect workers,
including whether the information is
useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirements,
including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply; for
example, by using automated or other
technological information, and
transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend
the approval of the information
collection requirements contained in the
Occupational Exposure to Beryllium
and Beryllium Compounds in General
Industry. The agency is requesting an
adjustment decrease in burden from
82,822 to 32,587 hours, a difference of
50,235 hours. This decrease in burden is
due to removing rule familiarization
from this ICR and reducing the rate of
non-compliance for employers.
OSHA will summarize the comments
submitted in response to this notice and
will include this summary in the
request to OMB to extend the approval

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of the information collection
requirements.
Type of Review: Extension of a
currently approved collection.
Title: Occupational Exposure to
Beryllium and Beryllium Compounds
Standard in General Industry.
OMB Control Number: 1218–0267.
Affected Public: Business or other forprofits; Federal Government; State,
Local, or Tribal Government.
Number of Respondents: 4,538.
Number of Responses: 52,956.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours:
32,587.
Estimated Cost (Operation and
Maintenance): $6,365,761.
IV. Public Participation—Submission of
Comments on This Notice and Internet
Access to Comments and Submissions
You may submit comments in
response to this document as follows:
(1) electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal; or (2) by
facsimile (fax), if your comments,
including attachments, are not longer
than 10 pages you may fax them to the
OSHA Docket Office at 202–693–1648.
All comments, attachments, and other
material must identify the agency name
and the OSHA docket number for the
ICR (OSHA–2019–0010). You may
supplement electronic submission by
uploading document files electronically.
Comments and submissions are
posted without change at http://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and dates of birth.
Although all submissions are listed in
the http://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download from this website. All
submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://
www.regulations.gov website to submit
comments and access the docket is
available at the website’s ‘‘User Tips’’
link. Contact the OSHA Docket Office at
(202) 693–2350, (TTY (877) 889–5627)
for information about materials not
available from the website, and for
assistance in using the internet to locate
docket submissions.
V. Authority and Signature
James S. Frederick, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice. The authority
for this notice is the Paperwork

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Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices
Reduction Act of 1995 (44 U.S.C. 3506
et seq.) and Secretary of Labor’s Order
No. 8–2020 (85 FR 58393).
Signed at Washington, DC, on March 5,
2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2024–05147 Filed 3–11–24; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2023–0012]

Federal Advisory Council on
Occupational Safety and Health
(FACOSH); Notice of Meeting
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice of FACOSH meeting.
AGENCY:

The Federal Advisory
Committee on Occupational Safety and
Health (FACOSH) will meet April 18,
2024.

SUMMARY:

FACOSH will meet from 1 p.m.–
4 p.m. ET, April 18, 2024, virtually via
WebEx.
ADDRESSES:
Submission of comments and requests
to speak: Submit comments and
requests to speak at the FACOSH
meeting by April 5, 2024, identified by
the docket number for this Federal
Register notice (Docket No. OSHA–
2023–0012), using the following
method:
Electronically: Comments and
requests to speak, including
attachments, must be submitted
electronically at www.regulations.gov,
the Federal eRulemaking Portal. Follow
the online instructions for submitting
comments.
Requests for special accommodations:
Submit requests for special
accommodations for this FACOSH
meeting by April 5, 2024, to Ms. Lana
Nieves, Directorate of Enforcement
Programs, OSHA, U.S. Department of
Labor; telephone: (202) 693–2128;
email: [email protected].
Instructions: All submissions must
include the agency name and the OSHA
docket number for this Federal Register
notice (Docket No. OSHA–2023–0012).
OSHA will place comments and
requests to speak, including personal
information, in the public docket, which
may be available online. Therefore,
OSHA cautions interested parties about
submitting personal information such as
Social Security numbers and birthdates.

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DATES:

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Docket: To read or download
documents in the public docket for this
FACOSH meeting, go to
www.regulations.gov. All documents in
the public docket are listed in the index;
however, some documents (e.g.,
copyrighted material) are not publicly
available to read or download through
www.regulations.gov. All submissions,
including copyrighted material, are
available for inspection through the
OSHA Docket Office. Contact the OSHA
Docket Office at (202) 693–2350 (TTY
(877) 889–5627) for assistance in
locating docket submissions.
Participation in the FACOSH meeting:
Members of the public may register to
attend the FACOSH meeting by going to
the website: https://usdolee.webex.com/
usdolee/j.php?MTID=
m25c3ee95bbf132dacfd3723e80967bb0.
VoIP or dial: 877–465–7975
Access code: 2760 654 2774
Meeting password: Welcome!24
(93526631 from phones)
However, any participation by the
public will be in listen-only mode.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Mr. Frank Meilinger,
Director, OSHA Office of
Communications; telephone: (202) 693–
1999; email: [email protected].
General information: Ms. Lana
Nieves, Supervisor, OSHA Office of
Federal Agency Programs; telephone
(202) 693–2128; email: [email protected].
Copies of this Federal Register
document: Electronic copies of this
Federal Register document are available
at http://www.regulations.gov. This
document, as well as news releases and
other relevant information are also
available on the OSHA web page at
http://www.osha.gov.
SUPPLEMENTARY INFORMATION:

Meeting agenda: The tentative agenda
for this meeting includes:
• Assistant Secretary’s Agency
Update and Remarks;
• Update from FACOSH’s
Subcommittee on Identification of Best
Practices and Lessons Learned;
• National Institute for Occupational
Safety and Health’s Total Worker
Health, New Recovery Toolkit,
Recovery-Ready Workplace Resources;
• Health and Human Services and
General Services Administration’s
Guidelines for Naloxone in Federal
Facilities; and
• Department of Interior’s
Implementation of Carry and Use of
Naloxone.
Member and public attendance at the
FACOSH meeting will be virtual only.
The public can listen in to the FACOSH
meeting at: https://usdolee.webex.com/
weblink/register/r9d1ba59530df355b6f
c569206b6b9eaa.
In addition, meeting information will
be posted to Office of Federal Agency’s
website at: https://www.osha.gov/
advisorycommittee/facosh.

I. Background
FACOSH is authorized to advise the
Secretary of Labor (Secretary) on all
matters relating to the occupational
safety and health of Federal employees
(Occupational Safety and Health Act of
1970 (29 U.S.C. 668), 5 U.S.C. 7902,
Executive Orders 12196 and 14109).
This includes providing advice on how
to reduce and keep to a minimum the
number of injuries and illnesses in the
Federal workforce and how to
encourage the establishment and
maintenance of effective occupational
safety and health programs in each
Federal agency.

Signed at Washington, DC.
James S. Frederick,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.

II. Meeting Information
FACOSH Meeting
FACOSH will meet from 1 p.m. to 4
p.m., ET, Thursday, April 18, 2024. The
meeting is open to the public.

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Authority and Signature
James S. Frederick, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice under the
authority granted by section 19 of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 668), 5 U.S.C. 7902, the
Federal Advisory Committee Act (5
U.S.C. 10), Executive Order 12196 and
14109, Secretary of Labor’s Order 8–
2020 (85 FR 58393, 9/18/2020), 29 CFR
part 1960 (Basic Program Elements of
for Federal Employee Occupational
Safety and Health Programs), and 41
CFR part 102–3.

[FR Doc. 2024–05150 Filed 3–11–24; 8:45 am]
BILLING CODE 4510–26–P

POSTAL REGULATORY COMMISSION
[Docket No. CP2023–107]

New Postal Products
Postal Regulatory Commission.
Notice.

AGENCY:
ACTION:

The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
a negotiated service agreement. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.

SUMMARY:

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File Typeapplication/pdf
File Modified2024-03-12
File Created2024-03-12

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