Proposed Rule2025-11643
Methylenedianiline
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2025
Issuing agencies
Labor DepartmentOccupational Safety and Health Administration
Abstract
This proposed rule revises some substance-specific respirator requirements to allow different types of respirators to be used under OSHA's Methylenedianiline standards and better aligns these standards with OSHA's Respiratory Protection standard.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28325-28330]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11643]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, 1917, 1918, and 1926
[Docket No. OSHA-2025-0025]
RIN 1218-AD68
Methylenedianiline
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule; request for comments.
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SUMMARY: This proposed rule revises some substance-specific respirator
requirements to allow different types of respirators to be used under
OSHA's Methylenedianiline standards and better aligns these standards
with OSHA's Respiratory Protection standard.
DATES: Comments and other information, including requests for a
hearing, must be received on or before September 2, 2025.
Informal public hearing: OSHA will schedule an informal public
hearing on the rule if requested during the comment period. If a
hearing is requested, the location and date of the hearing, procedures
for interested parties to notify the agency of their intention to
participate, and procedures for participants to submit their testimony
and documentary evidence will be announced in the Federal Register.
ADDRESSES:
Written comments: You may submit comments and attachments,
identified by Docket No. OSHA-2025-0025, electronically at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, which is the Federal e-Rulemaking Portal. Follow
the instructions online for making electronic submissions.
Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. OSHA-2025-0025). When
uploading multiple attachments to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, please
number all of your attachments because <a href="https://www.regulations.gov">https://www.regulations.gov</a> will
not automatically number the attachments. This will be very useful in
identifying all attachments. For example, Attachment 1--title of your
document, Attachment 2--title of your document, Attachment 3--title of
your document. For assistance with commenting and uploading documents,
please see the Frequently Asked Questions on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
[[Page 28326]]
All comments, including any personal information you provide, are
placed in the public docket without change and may be made available
online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Therefore, OSHA cautions
commenters about submitting information they do not want made available
to the public, or submitting materials that contain personal
information (either about themselves or others), such as Social
Security Numbers and birthdates.
Docket: The docket for this rulemaking (Docket No. OSHA-2025-0025)
is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, the Federal eRulemaking
Portal. Most exhibits are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>;
some exhibits (e.g., copyrighted material) are not available to
download from that web page. However, all materials in the dockets are
available for inspection at the OSHA Docket Office.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Contact Frank Meilinger, Director, OSHA Office
of Communications, Occupational Safety and Health Administration;
telephone: (202) 693-1999; email: <a href="/cdn-cgi/l/email-protection#e8858d818481868f8d9ac68e9a89868b819bdaa88c8784c68f879e"><span class="__cf_email__" data-cfemail="b3ded6dadfdaddd4d6c19dd5c1d2ddd0dac081f3d7dcdf9dd4dcc5">[email protected]</span></a>.
General information and technical inquiries: Contact Andrew
Levinson, Director, OSHA Directorate of Standards and Guidance,
Occupational Safety and Health Administration; telephone: (202) 693-
1950; email: <a href="/cdn-cgi/l/email-protection#c3acb0aba2eda7b0a483a7acafeda4acb5"><span class="__cf_email__" data-cfemail="68071b0009460c1b0f280c0704460f071e">[email protected]</span></a>.
Copies of this Federal Register notice: Electronic copies are
available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This Federal Register notice,
as well as news releases and other relevant information, also are
available at OSHA's web page at <a href="https://www.osha.gov">https://www.osha.gov</a>. A ``100-word
summary'' is also available on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Legal Authority and Preliminary Findings
III. Events Leading to the Proposed Rule
IV. Summary and Explanation of the Proposed Requirements
V. Economic Analysis
VI. Additional Requirements
VII. Authority and Signature
VIII. Regulatory Text
I. Executive Summary
This proposed rule is intended to provide greater compliance
flexibility and clarify the policies and procedures employers must
follow when implementing a respiratory protection program in
conjunction with OSHA's Methylenedianiline standards (29 CFR 1910.1050
and 29 CFR 1926.60). OSHA is proposing to revise some respirator-
related provisions where they are unnecessarily prescriptive, which
would result in employers having greater flexibility in the respirators
they select for exposed workers, while providing equivalent worker
protection. This proposal is also consistent with OSHA's intent, when
it published the revised Respiratory Protection standard (29 CFR
1910.134), to use it as a foundation for respirator selection in
substance-specific standards.
Additionally, OSHA believes that this proposed rule appropriately
incorporates advances in technology, which have made some provisions of
the Methylenedianiline standard outdated, and would allow employers to
take advantage of future technological advances. This proposed standard
is intended to account for modern knowledge and technology and to
streamline the selection of respirators.
II. Legal Authority and Preliminary Findings
The purpose of the Occupational Safety and Health Act (29 U.S.C.
651 et seq.) (``the Act'' or ``the OSH Act'') is ``to assure so far as
possible every working man and woman in the Nation safe and healthful
working conditions and to preserve our human resources'' (29 U.S.C.
651(b)). To achieve this goal, Congress authorized the Secretary of
Labor (``the Secretary'') to promulgate standards to protect workers,
including the authority ``to set mandatory occupational safety and
health standards applicable to businesses affecting interstate
commerce'' (29 U.S.C. 651(b)(3); see also 29 U.S.C. 654(a)(2)
(requiring employers to comply with OSHA standards), 29 U.S.C. 655(a)
(authorizing summary adoption of existing consensus and established
federal standards within two years of the Act's enactment), 29 U.S.C.
655(b) (authorizing promulgation, modification or revocation of
standards pursuant to notice and comment), and 29 U.S.C. 655(b)(7)
(authorizing OSHA to include among a standard's requirements labeling,
monitoring, medical testing, and other information-transmittal
provisions)). An occupational safety and health standard is ``. . . a
standard which requires conditions, or the adoption or use of one or
more practices, means, methods, operations, or processes, reasonably
necessary or appropriate to provide safe or healthful employment and
places of employment'' (29 U.S.C. 652(8)). The Secretary may also issue
regulations requiring employers to keep records regarding their
activities relating to the Act, as well as records of work-related
deaths, injuries, and illnesses (29 U.S.C. 657(c)(1)-(2)).
Before OSHA may promulgate a health or safety standard, it must
find that a standard is reasonably necessary or appropriate within the
meaning of section 652(8) of the OSH Act, which OSHA did here in 1992
when it published the Methylenedianiline standards for general industry
and construction (57 FR 35630-01). The Supreme Court, in its decision
on OSHA's Benzene standard, interpreted OSHA's obligation under section
652(8) as requiring it to evaluate ``whether significant risks are
present and can be eliminated or lessened by a change in practices''
(Indus. Union Dep't, AFL-CIO v. Am. Petroleum Inst., 448 U.S. 607, 642
(1980) (plurality opinion)). OSHA concluded there was significant risk
associated with occupational exposure to methylenedianiline when it
published the Methylenedianiline standards (57 FR 35630-01, 35640).
When, as here, OSHA has previously determined that its standard
substantially reduces a significant risk, it is unnecessary for the
agency to make additional findings on risk for every provision of that
standard (see, e.g., Pub. Citizen Health Research Grp. v. Tyson, 796
F.2d 1479, 1502 n.16 (D.C. Cir. 1986) (rejecting the argument that OSHA
must ``find that each and every aspect of its standard eliminates a
significant risk'')). Rather, once OSHA makes a general significant
risk finding in support of a standard, the next question is whether a
particular requirement is reasonably related to the purpose of the
standard as a whole (see Asbestos Info. Ass'n/N. Am. v. Reich, 117 F.3d
891, 894 (5th Cir. 1997); Forging Indus. Ass'n v. Sec'y of Labor, 773
F.2d 1436, 1447 (4th Cir. 1985); United Steelworkers of Am., AFL-CIO-
CLC v. Marshall, 647 F.2d 1189, 1237-38 (D.C. Cir. 1980) (``Lead I'')).
Therefore, while OSHA is not making a preliminary finding of
significant risk for this proposed rule, the agency has made a
preliminary determination that the proposed changes are reasonably
related to the purpose of the Methylenedianiline standards as a whole.
A standard is technologically feasible if the protective measures
it requires already exist, can be brought into existence with available
technology, or can be created with technology that is reasonably
expected to be developed (see Am. Iron and Steel Inst. v. OSHA, 939
F.2d 975, 980 (D.C. Cir. 1991)). Courts have also interpreted
technological feasibility to mean that a typical firm in each affected
industry or application group will reasonably be
[[Page 28327]]
able to implement the requirements of the standard in most operations
most of the time (see, e.g., Public Citizen v. OSHA, 557 F.3d 165, 170-
71 (3d Cir. 2009) (citing Lead I at 1272)).
This proposed rule would not substantially modify existing
requirements for respiratory protection in workplaces; nor would it
create new requirements. All employers in compliance with the existing
standard would also be in compliance with the revised standard.
Therefore, OSHA has made a preliminary determination that the proposed
rule would be technologically feasible.
In evaluating economic feasibility, OSHA must consider the average
cost of compliance in an industry rather than costs for individual
employers. In its economic analyses, OSHA ``must construct a reasonable
estimate of compliance costs and demonstrate a reasonable likelihood
that these costs will not threaten the existence or competitive
structure of an industry, even if it does portend disaster for some
marginal firms'' (Am. Iron and Steel Inst., 939 F.2d at 980, quoting
Lead I at 1272). OSHA has made a preliminary finding that this proposal
is economically feasible because it is deregulatory and is expected to
reduce costs for employers. OSHA's economic analysis is presented in
Section V.
The Administrative Procedures Act directs agencies to include in
each rule adopted ``a concise general statement of [the rule's] basis
and purpose'' (5 U.S.C. 553(c)); cf. 29 U.S.C. 655(e) (requiring the
Secretary to publish a ``statement of reasons'' for any standard
promulgated)). This notice satisfies this concise statement
requirement.
III. Events Leading to the Proposed Rule
OSHA adopted general industry and construction standards regulating
occupational exposure to methylenedlaniline in 1992 (57 FR 35630-01).
OSHA also has a general Respiratory Protection standard, 29 CFR
1910.134, which it first promulgated in 1971 (39 FR 9835). OSHA
published a revised Respiratory Protection standard on January 8, 1998
(63 FR 1152). The Respiratory Protection standard contains worksite-
specific requirements for program administration, as well as procedures
for respirator selection, employee training, fit testing, medical
evaluation, and respirator use, among other provisions. OSHA noted that
the revised standard was to ``serve as a `building block' standard with
respect to future standards that may contain respiratory protection
requirements'' (63 FR 1265). In 2006, OSHA revised the Respiratory
Protection standard again to incorporate assigned protection factors
(APFs) in the respirator selection process (71 FR 50122-01).
Several OSHA standards regulating exposure to toxic substances and
harmful physical agents, including the Methylenedianiline standards,
require compliance with many provisions of 29 CFR 1910.134. However,
when revising the respirator rule, the Agency decided to retain several
special respirator selection provisions in the existing substance-
specific standards. In this regard, OSHA noted that the respirator
selection requirements retained in the substance-specific standards
were developed in rulemakings to provide protection against a hazardous
characteristic or condition unique to the regulated substance.
Consequently, OSHA felt that preserving these provisions in the
individual substance-specific standards would maintain the level of
respiratory protection afforded to employees.
In this proposal, OSHA is revisiting some of those determinations;
the agency now believes that there are additional ways that substance-
specific standards can rely on 29 CFR 1910.134 without compromising
employee safety. The purpose of revising the respirator-related
provisions of OSHA's Methylenedianiline standards is to conform them,
to the extent possible, with other substance-specific standards and to
the revised 29 CFR 1910.134 in general. The proposed updates would
improve the Methylenedianiline standards by removing unnecessarily
specific respirator requirements that have, since OSHA last updated the
standards, become outdated based on current technology, National
Institute for Occupational Safety and Health (NIOSH) certification
requirements, and knowledge about respirator technology. These revised
standards are intended to take account of new knowledge and technology.
OSHA expects that the rule would ultimately reduce the compliance
burden on the regulated community, without compromising worker safety.
Therefore, OSHA believes this proposed rule is consistent with
Executive Order (E.O.) 14219, ``Ensuring Lawful Governance and
Implementing the President's `Department of Government Efficiency'
Deregulatory Initiative,'' E.O. 14192, ``Unleashing Prosperity Through
Deregulation,'' and the goal of removing regulations that harm the
national interest by impeding technological innovation or private
enterprise and entrepreneurship.
IV. Summary and Explanation of the Proposed Requirements
OSHA is proposing to revise paragraph (h) of its Methylenedianiline
general industry standard (29 CFR 1910.1050) and paragraph (i) of its
Methylenedianiline construction standard (29 CFR 1926.60) to reduce
compliance burdens, allow for the use of more up-to-date technology,
and improve the comprehensibility of the requirements for respiratory
protection programs. These revisions would simplify compliance for
employers by removing requirements in 1910.1050 and 1926.60 that are
duplicative with the requirements in 1910.134 and updating respirator
requirements to align with the revised NIOSH certification criteria in
42 CFR part 84. The proposed revisions would also provide more
compliance options by removing unnecessary restrictions on respirator
selection where another equally protective option exists. Finally,
these revisions would conform these standards, to the extent possible,
to other substance-specific standards and to 29 CFR 1910.134, which
would simplify review of these regulations for employers. The Agency
preliminarily concludes, therefore, that updating these rules is
consistent with the goals of facilitating technological innovation and
reducing undue burden.
OSHA has preliminarily determined that 1910.1050(h)(1)(i) through
(iv) and 1926.60(i)(1)(i) through (iv), which describe when respiratory
protection must be used, unnecessarily duplicate the general provisions
covered by 1910.134(a). OSHA is therefore proposing to remove those
paragraphs and add a cross reference to 1910.134(a)(2) in paragraph
1910.1050(h)(1) and 1926.60(i)(1). Employers in compliance with the
current version of 1910.1050 and 1926.60 would not have to change any
of their practices to remain in compliance with the changes OSHA is
proposing.
Additionally, OSHA is proposing to remove and reserve paragraphs
1910.1050(h)(3)(i)(B) and 1926.60(i)(3)(i)(B) of the Methylenedianiline
standards, which require HEPA filters for powered and non-powered air-
purifying respirators. That requirement was included because HEPA
filters were originally part of NIOSH's certification standards for
respirators. However, NIOSH published revised requirements for testing
and certification procedures and recodified the previous certification
standards for other respirator classes as 42 CFR part 84 on June 8,
1995 (60 FR 30336). The
[[Page 28328]]
HEPA filter requirement is not part of the revised 42 CFR part 84
because additional types of filters have been certified for protection
from particulates and can be used with powered and non-powered air-
purifying respirators. OSHA believes that these testing and
certification requirements ensure that all particulate filters
certified under 42 CFR part 84, including HEPA filters, are efficient
in preventing the penetration of submicron-sized particles. OSHA
recognized this when the Agency's revised Respiratory Protection
standard was issued on January 8, 1998 (63 FR 1152). In fact, OSHA has
issued other substance-specific regulations since the revised
Respiratory Protection standard and NIOSH's revised certification
requirements were issued and has not incorporated a requirement for
HEPA filters in similar respirator provisions in those rules.
OSHA recognizes that adopting these revisions will also result in
the revision of the respiratory protection requirements in OSHA's
shipyard employment, marine terminals, and longshoring requirements for
methylenedianiline (see 29 CFR 1915.1050, 29 CFR 1917.1, and 29 CFR
1918.1, which apply the requirements in 1910.1050 to shipyards, marine
terminals, and longshoring). OSHA requests comment regarding whether
there are any considerations that are unique to the use of respirators
for protection against methylenedianiline hazards in shipyards, marine
terminals, and longshoring that OSHA should consider when finalizing
this proposal. With respect to the proposed changes to the construction
standard for methylenedianiline (29 CFR 1926.60), OSHA is in the
process of appointing members to the Advisory Committee on Construction
Safety and Health (ACCSH). The agency intends to present this proposed
rule to ACCSH once that process is complete. The agency will put the
Committee's recommendations on the OSHA website and in the docket for
this proposed rule prior to the close of the comment period to allow
the public to provide comments on those recommendations.
OSHA requests comments on this proposal, including responses
regarding the following issues:
1. Are there any concerns that making the changes described in this
proposal will decrease worker safety? If so, which changes do you think
would decrease worker safety and why?
2. Are there alternative approaches OSHA should consider?
3. Are there any concerns that removing any of the substance-
specific provisions in the Methylenedianiline standards and relying on
the generic requirements of the Respiratory Protection standard will
inadequately capture the content and requirements of the current
substance-specific provisions?
V. Economic Analysis
This proposed rule would remove redundant requirements and expand
compliance options for employers in the Methylenedianiline standards
for general industry and construction, 29 CFR 1910.1050 and 29 CFR
1926.60. OSHA has preliminarily concluded that there would be no
additional costs imposed by this proposed revision. OSHA also
anticipates that there would be some cost savings associated with this
rule, including savings based on employers being able to choose more
cost-effective filters and a reduction of the burdens associated with
complying with and reviewing unnecessarily duplicative regulations.
Because this rule would impose no new costs, OSHA has made a
preliminary determination that the rule would be economically feasible.
Based on the Supporting Statement for the Information Collection
Request for the Methylenedianiline standards, OSHA estimates there are
100 employees exposed to this chemical in general industry \1\ and 200
exposed in the construction industry.\2\ Under this proposal, employers
could provide employees with P95 filters rather than P100 filters. OSHA
determined that P95 filters are $2 cheaper than P100
filters.<SUP>3 4</SUP> Assuming that filters are replaced weekly over
the course of a year (and that an employee works 5 shifts per week and
50 weeks per year) this means an annual difference in per-employee
costs of $100. If 50 percent of employers opt for P95 filters for their
employees, the cost savings could be $15,000 annually, based solely on
equipment costs (or about $112,000 over 10 years at a 3 percent
discount rate).
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\1\ See Document ID OSHA-2012-0040-0016.
\2\ See Document ID OSHA-2012-0031-0010.
\3\ <a href="https://www.uline.com/Product/Detail/S-17119">https://www.uline.com/Product/Detail/S-17119</a>. Accessed June
5, 2024.
\4\ <a href="https://www.uline.com/Product/Detail/S-17120/3M-Reusable-Respirators/3M-2091-Particulate-Filter-P100">https://www.uline.com/Product/Detail/S-17120/3M-Reusable-Respirators/3M-2091-Particulate-Filter-P100</a>. Accessed June 5, 2025.
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OSHA is seeking comments and data on this preliminary analysis,
including on the following questions:
1. How much do employers expect to save based on the increased
flexibility in respirator selection?
2. Are there any other savings for employers that would result from
the proposed change?
3. Are there any benefits for worker protection that can be
anticipated from this proposed change?
4. Are there any costs for employers that would result from this
change that OSHA has not considered?
5. Would there be savings to employers outside of general industry
and construction related to this proposal? If so, would they be similar
to what OSHA has estimated for general industry and construction
employers?
A. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IRFA) and a
final regulatory flexibility analysis (FRFA) for any rule that by law
must be proposed for public comment, unless the agency certifies that
the rule, if promulgated, will not have a significant economic impact
on a substantial number of small entities.
OSHA reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act. This rule would eliminate burdensome
regulations. Therefore, OSHA initially concludes that the impacts of
the revisions would not have a ``significant economic impact on a
substantial number of small entities,'' and that the preparation of an
IRFA is not warranted. OSHA will transmit this certification and
supporting statement of factual basis to the Chief Counsel for Advocacy
of the Small Business Administration for review under 5 U.S.C. 605(b).
B. Review Under Executive Order 12866
E.O. 12866, ``Regulatory Planning and Review'' (58 FR 51735 (Oct.
4, 1993)), requires agencies, to the extent permitted by law, to (1)
propose or adopt a regulation only upon a reasoned determination that
its benefits justify its costs (recognizing that some benefits and
costs are difficult to quantify); (2) tailor regulations to impose the
least burden on society, consistent with obtaining regulatory
objectives, taking into account, among other things, and to the extent
practicable, the costs of cumulative regulations; (3) select, in
choosing among alternative regulatory approaches, those approaches that
maximize net benefits; (4) to the extent feasible, specify performance
objectives, rather than specifying the behavior or manner of compliance
that regulated entities must adopt; and (5) identify and assess
available alternatives to direct regulation, including providing
economic incentives to encourage the desired behavior, such as user
fees or marketable permits, or providing
[[Page 28329]]
information upon which choices can be made by the public.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (OIRA) for review. OIRA has determined that this
proposed rule would not constitute a ``significant regulatory action''
under section 3(f) of E.O. 12866. Accordingly, this proposal was not
submitted to OIRA for review under E.O. 12866.
VI. Additional Requirements
A. Requirements for States With OSHA-Approved State Plans
Under section 18 of the OSH Act (29 U.S.C. 651 et seq.), Congress
expressly provides that States may adopt, with Federal approval, a plan
for the development and enforcement of occupational safety and health
standards that are ``at least as effective'' as the Federal standards
in providing safe and healthful employment and places of employment (29
U.S.C. 667). OSHA refers to these OSHA-approved, State-administered
occupational safety and health programs as ``State Plans.'' \5\
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\5\ Of the 29 States and U.S. territories with OSHA-approved
State Plans, 22 cover public and private-sector employees: Alaska,
Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland,
Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon,
Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia,
Washington, and Wyoming. The remaining six States and one U.S.
territory cover only State and local government employees:
Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York,
and the Virgin Islands.
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When Federal OSHA promulgates a new standard or a more stringent
amendment to an existing standard, State Plans must either amend their
standards to be identical to, or ``at least as effective as,'' the new
Federal standard or amendment, or show that an existing State Plan
standard covering this issue is ``at least as effective'' as the new
Federal standard or amendment (29 CFR 1953.5(a)). However, when OSHA
promulgates a new standard or amendment that does not impose additional
or more stringent requirements than an existing standard, State Plans
do not have to amend their standards, although they may opt to do so.
OSHA has preliminarily determined this proposed rule does not impose
additional or more stringent requirements than the existing standard,
and therefore State Plans are not required to amend their standards.
OSHA seeks comment on this assessment of its proposal.
B. OMB Review Under the Paperwork Reduction Act of 1995
The Paperwork Reduction Act (PRA) defines ``collection of
information'' to mean ``the obtaining, causing to be obtained,
soliciting, or requiring the disclosure to third parties or the public,
of facts or opinions by or for an agency, regardless of form or
format'' (44 U.S.C. 3502(3)(A)). Under the PRA, a Federal agency cannot
conduct or sponsor a collection of information unless it is approved by
OMB under the PRA and the agency displays a currently valid OMB control
number (44 U.S.C. 3507). Also, notwithstanding any other provisions of
law, no person shall be subject to penalty for failing to comply with a
collection of information if the collection of information does not
display a currently valid OMB control number (44 U.S.C. 3512(a)(1)).
The process for OMB approval is found in 5 CFR part 1320.
This proposed rule would impose no new information collection
requirements. Because the revisions are deregulatory and affect only
minor changes to the existing information collections in the
Methylenedianiline standards (OMB Control Numbers 1218-0183 and 1218-
0184), OMB has waived the requirements of 5 CFR part 1320 and approved
the modified Information Collection Request (ICR) under existing OMB
Control Numbers 1218-0183 and 1218-0184 (see 5 CFR 1320.18(d)).
C. Environmental Impacts/National Environmental Policy Act (NEPA)
OSHA has reviewed this proposed rule according to the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), as
amended by the Fiscal Responsibility Act of 2023 (Pub. L. 118-5, 321,
137 Stat. 10), and the Department of Labor's NEPA procedures (29 CFR
part 11). OSHA has determined that this proposal would have no impact
on the quality of the human environment.
D. Other Statutory and Executive Order Considerations
OSHA has considered its obligations under the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et seq.) and the Executive Orders on
Consultation and Coordination With Indian Tribal Governments (E.O.
13175, 65 FR 67249 (Nov. 6, 2000)), Federalism (E.O. 13132, 64 FR 43255
(Aug. 10, 1999)), and Protection of Children From Environmental Health
Risks and Safety Risks (E.O. 13045, 62 FR 19885 (Apr. 23, 1997)). Given
that this is a proposed deregulatory action that involves the removal
of requirements, that OSHA does not foresee economic impacts of $100
million or more, and that the action does not constitute a policy that
has federalism or tribal implications, OSHA has determined that no
further agency action or analysis is required to comply with these
statutes and executive orders. Furthermore, OSHA has determined that
this proposal is consistent with the policies and directives outlined
in E.O. 14192, ``Unleashing Prosperity Through Deregulation'' and is an
Executive Order 14192 deregulatory action.
List of Subjects in 29 CFR Part 1910 and 29 CFR Part 1926
Assigned protection factors, Airborne contaminants, Health,
Occupational safety and health, Respirators, Respirator selection.
VII. Authority and Signature
This document was prepared under the direction of Amanda Laihow,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
It is issued under the authority of sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and
657), 5 U.S.C. 553, Secretary of Labor's Order No. 8-2020 (85 FR
58393), and 29 CFR part 1911.
Dated: June 20, 2025.
Amanda Laihow,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
VIII. Regulatory Text
Proposed Amendments
For the reasons set forth in the preamble, OSHA proposes to amend
29 CFR parts 1910 and 1926 as follows:
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Subpart Z--Toxic and Hazardous Substances
0
1. The authority for 29 CFR 1910 subpart Z is revised to read as
follows:
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008); 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 58393); 29 CFR part
1911; and 5 U.S.C. 553, as applicable.
All of subpart Z issued under 29 U.S.C. 655(b), except those
substances that have exposure limits listed in Tables Z-1, Z-2, and
Z-3 of Sec. 1910.1000. The latter were issued under 29 U.S.C.
655(a).
Section 1910.1000, Tables Z-1, Z-2 and Z-3 also issued under 5
U.S.C. 553, but not under 29 CFR part 1911 except for the
[[Page 28330]]
arsenic (organic compounds), benzene, cotton dust, and chromium (VI)
listings.
Section 1910.1001 also issued under 40 U.S.C. 3704 and 5 U.S.C.
553.
Section 1910.1002 also issued under 5 U.S.C. 553, but not under
29 U.S.C. 655 or 29 CFR part 1911.
Sections 1910.1018, 1910.1029, and 1910.1200 also issued under
29 U.S.C. 653.
Section 1910.1030 also issued under Public Law 106-430, 114
Stat. 1901.
Section 1910.1201 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
0
2. Sec. 1910.1050 is revised as follows
0
a. Revise and republish paragraph (h)(1)
0
b. Remove paragraphs (h)(1)(i)-(iv)
0
c. Remove and reserve paragraph (h)(3)(i)(B)
The revisions and additions read as follows:
(h) * * *
(1) General. For employees who use respirators required by this
section, the employer must provide each employee an appropriate
respirator that complies with the requirements of this paragraph.
Respirators must be used when the employer determines that they are
necessary to protect the health of an employee as required under 29 CFR
1910.134(a)(2).
(2) * * *
(3) * * *
(i) * * *
(A) * * *
(B) [Reserved]
* * * * *
PART 1926--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Subpart D--Occupational Health and Environmental Controls
0
3. The authority for 29 CFR 1926 subpart D continues to read as
follows:
Authority: 40 U.S.C. 3704; 29 U.S.C. 653, 655, and 657; and
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31159), 4-
2010 (75 FR 55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 58393), as
applicable; and 29 CFR part 1911.
Sections 1926.59, 1926.60, and 1926.65 also issued under 5
U.S.C. 553 and 29 CFR part 1911.
Section 1926.61 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
Section 1926.62 also issued under sec. 1031, Public Law 102-550,
106 Stat. 3672 (42 U.S.C. 4853).
Section 1926.65 also issued under sec. 126, Public Law 99-499,
100 Stat. 1614 (reprinted at 29 U.S.C.A. 655 Note) and 5 U.S.C. 553.
0
4. Sec. 1926.60 is revised as follows:
0
a. Revise and republish paragraph (i)(1)
0
b. Remove paragraphs (i)(1)(i)-(iv)
0
c. Remove and reserve paragraph (i)(3)(i)(B)
The revisions and additions read as follows:
(i) * * *
(1) General. For employees who use respirators required by this
section, the employer must provide each employee an appropriate
respirator that complies with the requirements of this paragraph.
Respirators must be used when the employer determines that they are
necessary to protect the health of an employee as required under 29 CFR
1910.134(a)(2).
(2) * * *
(3) * * *
(i) * * *
(A) * * *
(B) [Reserved]
* * * * *
[FR Doc. 2025-11643 Filed 6-30-25; 8:45 am]
BILLING CODE 4510-26-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.