COVID–19 Vaccination and Testing; Emergency Temporary Standard — Interim final rule; withdrawal (Federal Register, January 26, 2022)
Summary
An OSHA interim final rule and withdrawal published in the Federal Register, Vol. 87, No. 17, on January 26, 2022 (29 CFR Part 1910, Docket No. OSHA-2020-0007). OSHA withdraws the November 5, 2021 COVID-19 Vaccination and Testing emergency temporary standard (ETS), which covered employers with 100 or more employees, as an enforceable standard effective January 26, 2022, after the U.S. Supreme Court stayed it on January 13, 2022 in Nat'l Fed'n of Indep. Bus. v. Dep't of Labor. The ETS is not withdrawn to the extent it serves as a proposed rule under section 6(c)(3) of the Occupational Safety and Health Act, and the rule removes and reserves § 1910.501 and amends § 1910.504 and § 1910.509. It is signed at Washington, DC by Douglas L. Parker, Assistant Secretary of Labor for Occupational Safety and Health.
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3928 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations
§ 39.13 [Amended] (i) Related Information Standards and Guidance, U.S.
■ 2. The FAA amends § 39.13 by adding (1) For more information about this AD, Department of Labor; telephone (202)
the following new airworthiness contact Jim Rutherford, Aviation Safety 693–1950.
directive: Engineer, General Aviation & Rotorcraft SUPPLEMENTARY INFORMATION:
Section, International Validation Branch,
2022–03–07 Stemme AG: Amendment 39– FAA, 901 Locust, Room 301, Kansas City, I. Background and Rationale for
21924; Docket No. FAA–2021–1010; MO 64106; phone: (816) 329–4165; email: Withdrawal
Project Identifier MCAI–2020–00807–G. jim.rutherford@faa.gov.
On November 5, 2021, OSHA adopted
(a) Effective Date (2) Refer to European Union Aviation
Safety Agency (EASA) AD 2020–0140, dated
an emergency temporary standard (the
This airworthiness directive (AD) is June 23, 2020, for more information. You Vaccination and Testing ETS), under
effective March 2, 2022. may examine the EASA AD in the AD docket sections 4, 6(c), and 8 of the
(b) Affected ADs at https://www.regulations.gov by searching Occupational Safety and Health Act of
for and locating Docket No. FAA–2021–1010. 1970 (29 U.S.C. 653, 655(c), 657), to
None.
protect unvaccinated employees of large
(j) Material Incorporated by Reference
(c) Applicability employers (100 or more employees)
None. from the risk of contracting COVID–19
This AD applies to Stemme AG TSA–M
Model S6 and S6–RT gliders, all serial Issued on January 20, 2022. by strongly encouraging vaccination (86
numbers, certificated in any category, with a Lance T. Gant, FR 61402). The Vaccination and Testing
propeller gearbox tooth belt marked Director, Compliance & Airworthiness ETS required covered employers to
‘‘Synchroforce Carbon’’ installed. develop, implement, and enforce a
Division, Aircraft Certification Service.
(d) Subject [FR Doc. 2022–01479 Filed 1–25–22; 8:45 am] mandatory COVID–19 vaccination
Joint Aircraft System Component (JASC) BILLING CODE 4910–13–P
policy, with an exception for employers
Code 6100, Propeller System. that instead adopted a policy requiring
employees to either get vaccinated or
(e) Unsafe Condition elect to undergo regular COVID–19
This AD was prompted by mandatory DEPARTMENT OF LABOR
testing and wear a face covering at work
continuing airworthiness information (MCAI) in lieu of vaccination. That ETS also
issued by the aviation authority of another Occupational Safety and Health
Administration serves as a ‘‘proposed rule’’ for a
country to identify and correct an unsafe
condition on an aviation product. The MCAI
‘‘proceeding’’ to promulgate an
describes the unsafe condition as a new 29 CFR Part 1910 occupational safety or health standard.
version of the propeller gearbox tooth belt 29 U.S.C. 655(c)(3); see 29 U.S.C. 655(b).
with a reduced life limit. The FAA is issuing [Docket No. OSHA–2020–0007] On January 13, 2022, the U.S.
this AD to prevent a propeller gearbox tooth RIN 1218–AD42 Supreme Court stayed the Vaccination
belt remaining in service beyond its fatigue and Testing ETS, finding that
life. The unsafe condition, if not addressed, COVID–19 Vaccination and Testing; challengers were likely to prevail on
could result in failure of the propeller Emergency Temporary Standard their claims. Nat’l Fed’n of Indep. Bus.
gearbox tooth belt and reduced control of the v. Dep’t of Labor, 595 U.S. __, __(2022)
glider. AGENCY: Occupational Safety and Health (per curium) (slip op. at 5, 9). After
(f) Compliance Administration (OSHA), Labor. evaluating the Court’s decision, OSHA
Comply with this AD within the ACTION: Interim final rule; withdrawal. is withdrawing the Vaccination and
compliance times specified, unless already Testing ETS as an enforceable
SUMMARY: OSHA is withdrawing the
done. emergency temporary standard. To the
November 5, 2021, emergency
(g) Required Actions extent that this withdrawal is not
temporary standard (ETS) which was
already generally exempt from the
Before the propeller gearbox tooth belt issued to protect unvaccinated
notice and comment requirements of the
accumulates 5 years since installation on a employees of large employers (100 or
glider or within 30 days after the effective Administrative Procedure Act and the
more employees) from the risk of
date of this AD, whichever occurs later, and OSH Act, OSHA finds good cause that
contracting COVID–19 by strongly
thereafter at intervals not to exceed 5 years, the opportunity for public comment on
encouraging vaccination.
remove the propeller gearbox tooth belt from this withdrawal is impracticable,
service and install a propeller gearbox tooth DATES: The withdrawal is effective unnecessary, and contrary to the public
belt with zero hours time-in-service. January 26, 2022. interest within the meaning of 5 U.S.C.
ADDRESSES: In accordance with 28 553(b)(B), and 29 U.S.C. 655(b) because
(h) Alternative Methods of Compliance
(AMOCs) U.S.C. 2112(a), the agency designates it would unnecessarily delay the
Edmund C. Baird, Associate Solicitor of resolution of ambiguity for employers
(1) The Manager, International Validation
Labor for Occupational Safety and and workers alike. This agency action
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the Health, Office of the Solicitor, U.S. becomes effective immediately both
procedures found in 14 CFR 39.19. In Department of Labor, to receive because there is good cause and because
accordance with 14 CFR 39.19, send your petitions for review of this agency the action removes a requirement on the
request to your principal inspector or local action. Service can be accomplished by regulated community. 5 U.S.C.
Flight Standards District Office, as email to zzSOL-Covid19-ETS@dol.gov. 553(d)(1), (3).
appropriate. If sending information directly FOR FURTHER INFORMATION CONTACT: Although OSHA is withdrawing the
to the manager of the certification office, General information and press Vaccination and Testing ETS as an
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send it to the attention of the person inquiries: Contact Frank Meilinger, enforceable emergency temporary
identified in paragraph (i)(1) of this AD and
Director, Office of Communications, standard, OSHA is not withdrawing the
email to: 9-AVS-AIR-730-AMOC@faa.gov.
(2) Before using any approved AMOC, U.S. Department of Labor; telephone ETS to the extent that it serves as a
notify your appropriate principal inspector, (202) 693–1999; email proposed rule under section 6(c)(3) of
or lacking a principal inspector, the manager meilinger.francis2@dol.gov. the Act, and this action does not affect
of the local flight standards district office/ For technical inquiries: Contact the ETS’s status as a proposal under
certificate holding district office. Andrew Levinson, Directorate of section 6(b) of the Act or otherwise
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Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 3929
affect the status of the notice-and- Respirators, SARS–CoV–2, Vaccines, ENVIRONMENTAL PROTECTION
comment rulemaking commenced by Viruses. AGENCY
the Vaccination and Testing ETS. See 29
U.S.C. 655(c)(3). Authority and Signature 40 CFR Part 52
Notwithstanding the withdrawal of Douglas L. Parker, Assistant Secretary [EPA–R03–OAR–2021–0531; FRL–9289–02–
the Vaccination and Testing ETS, OSHA R3]
of Labor for Occupational Safety and
continues to strongly encourage the
Health, U.S. Department of Labor, 200
vaccination of workers against the Approval and Promulgation of Air
continuing dangers posed by COVID–19 Constitution Avenue NW, Washington,
Quality Implementation Plans;
in the workplace. DC 20210, authorized the preparation of
Pennsylvania; Reasonably Available
this document pursuant to the following Control Technology Determinations for
II. Minor Revisions to § 1910.504 and authorities: Sections 4, 6, and 8 of the
§ 1910.509 Case-by-Case Sources Under the 1997
Occupational Safety and Health Act of and 2008 8-Hour Ozone National
OSHA has removed the reference to 1970 (29 U.S.C. 653, 655, 657); Secretary Ambient Air Quality Standards
§ 1910.501 from the introductory text of of Labor’s Order 8–2020 (85 FR 58393
the Mini Respiratory Protection (Sept. 18, 2020)); 29 CFR part 1911; and AGENCY: Environmental Protection
requirements in § 1910.504 because the 5 U.S.C. 553. Agency (EPA).
former section is now removed. The ACTION: Final rule.
Signed at Washington, DC, on January 21,
Mini Respiratory Protection Program
2022. SUMMARY: The Environmental Protection
section is retained, however, because it
Douglas L. Parker, Agency (EPA) is approving multiple
remains a requirement for respirator use
Assistant Secretary of Labor for Occupational state implementation plan (SIP)
under § 1910.502(f)(4). Similarly, OSHA
Safety and Health. revisions submitted by the
has revised the incorporation-by-
Commonwealth of Pennsylvania. These
reference list in § 1910.509 by removing revisions were submitted by the
For the reasons set forth in the
the reference to § 1910.501(h) from Pennsylvania Department of
preamble, part 1910 of title 29 of the
§ 1910.509(b)(5), as the incorporation by Environmental Protection (PADEP) to
reference list now pertains only to Code of Federal Regulations is amended
as follows: establish and require reasonably
documents incorporated by reference in available control technology (RACT) for
§ 1910.502. 23 major volatile organic compound
Because these minor revisions do not PART 1910—OCCUPATIONAL SAFETY
AND HEALTH STANDARDS (VOC) and/or nitrogen oxide (NOX)
make any substantive change to the
emitting facilities pursuant to the
duties of employers, OSHA finds good Commonwealth of Pennsylvania’s
Subpart U—COVID–19
cause that the opportunity for public conditionally approved RACT
comment on these revisions is regulations. In this rule action, EPA is
■ 1. The authority citation for subpart U
unnecessary within the meaning of 5 approving source-specific (also referred
U.S.C. 553(b)(B) and 29 U.S.C. 655(b). In continues to read as follows:
to as case-by-case or CbC) RACT
addition, OSHA finds that public Authority: 29 U.S.C. 653, 655, and 657; determinations or alternative NOX
comment is impracticable in light of the Secretary of Labor’s Order No. 8–2020 (85 FR emissions limits for sources at 23 major
need to provide clarity to the regulated 58393); 29 CFR part 1911; and 5 U.S.C. 553. NOX and VOC emitting facilities within
community and to workers. the Commonwealth submitted by
§ 1910.501 [Removed and Reserved]
III. State Plans PADEP. These RACT evaluations were
The occupational safety and health ■ 2. Remove and reserve § 1910.501 submitted to meet RACT requirements
programs run by the 28 States and U.S. for the 1997 and 2008 8-hour ozone
■ 3. Amend § 1910.504 by revising
territories with their own OSHA- national ambient air quality standards
paragraph (a) to read as follows: (NAAQS). EPA is approving these
approved occupational safety and health
plans (State Plans) must be at least as § 1910.504 Mini Respiratory Protection revisions to the Pennsylvania SIP in
effective as Federal OSHA’s program. Program. accordance with the requirements of the
This includes a requirement that, when Clean Air Act (CAA) and EPA’s
(a) Scope and application. This implementing regulations.
Federal OSHA makes a program change section applies only to respirator use in
that renders its program more effective, DATES: This final rule is effective on
accordance with § 1910.502(f)(4). February 25, 2022.
the State Plan must timely adopt a
corresponding change in order to * * * * * ADDRESSES: EPA has established a
maintain a safety and health program ■ 4. Amend § 1910.509 by revising
docket for this action under Docket ID
that is at least as effective as Federal paragraph (b)(5) to read as follows: Number EPA–R03–OAR–2021–0531. All
OSHA (29 CFR 1902.32(e); 29 CFR documents in the docket are listed on
1902.44(a)). However, where, as here, § 1910.509 Incorporation by reference. the https://www.regulations.gov
the Federal program change does not * * * * * website. Although listed in the index,
impose any new requirements or some information is not publicly
(b) * * * available, e.g., confidential business
otherwise render the Federal program
more effective, State Plans are not (5) Isolation Guidance. COVID–19: information (CBI) or other information
required to take any action. Isolation If You Are Sick; Separate whose disclosure is restricted by statute.
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yourself from others if you have Certain other material, such as
List of Subjects in 29 CFR Part 1910 COVID–19, updated February 18, 2021, copyrighted material, is not placed on
COVID–19, Disease, Health facilities, IBR approved for § 1910.502(l). the internet and will be publicly
Health, Healthcare, Incorporation by * * * * * available only in hard copy form.
reference, Occupational health and [FR Doc. 2022–01532 Filed 1–25–22; 8:45 am] Publicly available docket materials are
safety, Public health, Reporting and available through https://
BILLING CODE 4510–26–P
recordkeeping requirements, www.regulations.gov, or please contact
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