S.Amdt. 3186

SA 3186. Mrs. FISCHER (for herself, Mr. Cochran, Mr. Grassley, Mr.
Gardner, Mrs. Ernst, and Mr. Moran) submitted an amendment intended to
be proposed to amendment SA 2953 proposed by Ms. Murkowski to the bill
S. 2012, to provide for the modernization of the energy policy of the
United States, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. __. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
PROCESS SAFETY MANAGEMENT STANDARD.

(a) Withdrawal of Policy.--
(1) In general.--The Secretary of Labor, acting through the
Assistant Secretary of Labor for Occupational Safety and
Health, shall withdraw the revised enforcement policy
relating to the exemption of retail facilities from coverage
of the process safety management of highly hazardous
chemicals standard under section 1910.119(a)(2)(i) of title
29, Code of Federal Regulations, issued as a memorandum by
the Occupational Safety and Health Administration on July 22,
2015.
(2) Enforcement.--The Secretary of Labor, acting through
the Assistant Secretary of Labor for Occupational Safety and
Health, shall enforce section 1910.119(a)(2)(i) of title 29,
Code of Federal Regulations (or any corresponding similar
regulation or ruling) in the same manner as such section was
enforced on July 21, 2015, unless such section is amended in
accordance with subsection (b).
(b) Requirements for Rulemaking.--
(1) Proposed rule.--The Secretary may publish any proposed
rule relating to the exemption of retail facilities from
coverage of the process safety management of highly hazardous
chemicals standard under section 1910.119(a)(2)(i) of title
29, Code of Federal Regulations (or any corresponding similar
regulation or ruling) only if--
(A) the Secretary, acting through the Assistant Secretary
of Labor for Occupational Safety and Health, arranges for an
independent third party to conduct a cost analysis of such
proposed rule, and the Secretary includes such analysis in
the publication of the proposed rule; and
(B) the Bureau of the Census establishes a code for farm
supply retailers under sector 44-45 (relating to retail
trade) of the North American Industry Classification System.
(2) Notice and comment.--In promulgating any rule related
to the exemption described in paragraph (1), the Secretary of
Labor, acting through the Assistant Secretary of Labor for
Occupational Safety and Health, shall--
(A) provide notice and comment rulemaking in accordance
with section 553 of title 5, United States Code; and
(B) invite meaningful public participation in such
rulemaking.
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