issue-1996-03-07•Federal Register final rules — 1996-03-07
Federal Register final rules — 1996-03-07
issue-1996-03-07Federal Register final rules — 1996-03-07Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-5441 Procedures for the Safe and Sanitary Processing and Importing of Fish and Fishery Products; Notice of Public Meetings
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9100-9101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5441]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 123 and 1240
[Docket No. 93N-0195]
Procedures for the Safe and Sanitary Processing and Importing of
Fish and Fishery Products; Notice of Public Meetings
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice of public meetings.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is announcing that it
is sponsoring five public meetings that are intended to promote
understanding and implementation of FDA's final rule, titled
``Procedures for the Safe and Sanitary Processing and Importing of Fish
and Fishery Products,'' that published in the Federal Register on
December 18, 1995. That final rule requires that domestic seafood
processors and foreign processors who import seafood into the United
States establish hazard analysis critical control point (HACCP) systems
to ensure the safety of their products. U.S. importers must take steps
to help verify that their foreign suppliers are operating such systems.
FDA is arranging these meetings in response to significant public
interest, both domestic and foreign, in the requirements of the
regulations, as well as in implementation strategies before its
effective date of December 18, 1997.
DATES: See Table 1 in the ``Supplementary Information'' section of this
document.
ADDRESSES: See Table 1 in the ``Supplementary Information'' section of
this document.
FOR FURTHER INFORMATION CONTACT: Ellen D. Nesheim (or the local contact
person listed in Table 2 in the ``Supplementary Information'' section
of this document) Office of Seafood, Center for Food Safety and Applied
Nutrition (HFS-417), Food and Drug Administration, 200 C St. SW.,
Washington, DC 20204, 202-418-3175.
SUPPLEMENTARY INFORMATION: On December 18, 1995, the Department of
Health and Human Services published final regulations for the purpose
of further ensuring the safety of seafood for United States consumers.
The new regulations require that seafood processors use science-based,
state-of-the-art preventive controls known as HACCP, to keep unsafe
fish and fishery products from reaching consumers. The key components
of the system are identification of potential problems that could make
seafood hazardous; establishment and monitoring of targeted control
points to minimize identified safety hazards and risks; and keeping a
record of the results. HACCP recordkeeping will enable regulators to
monitor product safety more effectively. FDA is arranging these
meetings in response to significant public interest in the requirements
of the regulations and FDA's implementation plans and expectations.
The meetings will be held at the addresses and on the dates listed
below in Table 1.-
TABLE 1
------------------------------------------------------------------------
Meeting Address Date and Time
------------------------------------------------------------------------
The Hynes Convention Center rm. 100, 900 March 13, 1996 Wednesday 1 pm
Boylston St., Boston, MA. to 4:30 pm
Sheraton Inner Harbor Hotel, 300 South March 20, 1996 Wednesday 1 pm
Charles St., Baltimore, MD. to 4:30 pm
Sheraton Grand Hotel--West Shore Ballroom March 28, 1996 Thursday 1 pm
East, 4860 Kennedy Blvd., Tampa, FL. to 4:30 pm
Canal Place Shopping Mall, 3d Floor in June 10, 1996 Monday 1 pm to
the Cinema, 100 Rue Iberville, New 4:30 pm
Orleans, LA.
Jackson Federal Building Auditorium, 915 June 13, 1996 Thursday 1 pm
2d Ave., North Seattle, WA. to 4:30 pm
------------------------------------------------------------------------
[[Page 9101]]
There is no charge to attend these meetings. Advance registration
is requested because seating is limited. The deadline for registering
is 1 week before each meeting. Late registration will be accepted on a
space available basis. Persons interested in attending should FAX,
mail, or telephone their name, organization, address, and telephone
number to the local contact person listed below in Table 2 for each
meeting location.
TABLE 2
------------------------------------------------------------------------
Meeting Location Contact Person
------------------------------------------------------------------------
Boston, MA............................... Sylvia Craven, New England
District Office (FDA), One
Montvale Ave., Stoneham, MA
02180, 617-279-1675 ext.
101; FAX: 617-279-1742.
Baltimore, MD............................ Alexander A. Ondis, Baltimore
District Office (FDA), 900
Madison Ave., Baltimore, MD
21201, 410-962-4052; FAX:
410-962-2307.
Tampa, FL................................ Frank R. Goodwin, Florida
District Office (FDA), 7200
Lake Ellenor Dr. Ste. 120,
Orlando, FL 32809, 407-648-
6997 ext. 221; FAX: 407-648-
6221
New Orleans, LA.......................... Leon L. Law, New Orleans
District Office (FDA), 4298
Elysian Fields Ave., New
Orleans, LA 70122, 504-589-
7183/6344 ext. 114; FAX: 504-
589-4365.
Seattle, WA.............................. Christopher Rezendes, Seattle
District Office (FDA), 1000
2d Ave., Suite 2400 Seattle,
WA 98104, 206-553-7001 ext.
21; FAX: 206-553-7020.
------------------------------------------------------------------------
Prior, less extensive, presentations by FDA of the seafood HACCP
regulations have been made at Aquaculture '96 and Bangkok Seafood Show,
Bangkok, Thailand, January 31, 1996; the 11th Indian Seafood Trade
Fair, Bombay, India, February 10, 1996; Aquaculture America, Arlington,
Texas, February 15, 1996; the Pacific Fisheries Technologists Annual
Meeting, San Diego, California, February 19, 1996; and the 4th Annual
Smoked Fish Conference, Seattle, WA, March 5, 1996.
Additional, less extensive, presentations by FDA are planned in
conjunction with the International Conference on Fish Inspection and
Quality Control, May 23, 1996, Arlington, VA. Other presentations may
be scheduled as time and resources permit.
Dated: March 4, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-5441 Filed 3-4-96; 3:16 pm]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-5412 Removal of Obsolete Valuation Regulations
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9112-9113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5412]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Parts 1201 and 1262
[STB Ex Parte No. 539]
Removal of Obsolete Valuation Regulations
AGENCY: Surface Transportation Board, DOT.
ACTION: Final rule.
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SUMMARY: The Surface Transportation Board (the Board) is removing
obsolete regulations concerning rail valuation from the Code of Federal
Regulations.
EFFECTIVE DATE: January 1, 1996.
FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5610. [TDD for
the hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: Effective January 1, 1996, the ICC
Termination Act of 1995, Pub. L. No. 104-88, 109 Stat. 803 (ICCTA)
abolished the Interstate Commerce Commission (the Commission) and
established within the Department of Transportation. Section 204 of the
ICCTA provides that ``[t]he Board shall promptly rescind all
regulations established by the [Commission] that are based on
provisions of law repealed and not substantively reenacted by this
Act.'' The rail property valuation provisions of former 49 U.S.C.
10781-10786, including Sec. 10784, which is the statutory basis for the
Part 1262 rail valuation regulations, have been repealed. We are
therefore removing the now obsolete Part 1262 regulations,1 as
well as Instruction 1-3(g) in Part 1201,2 which refers to part
1262. Interested persons are encouraged to bring to the Board's
attention any other regulations affected by the removal of former 49
U.S.C. 10784.
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\1\ The Valuation Act of 1913 directed the Commission to
establish a valuation for all railroad property. An initial
valuation was completed in 1920. Under 49 U.S.C. former 10784, after
the initial valuation, the Commission was required to keep itself
informed of changes in costs and valuations of railroad property. It
was for that purpose that the Commission promulgated the Part 1262
regulations requiring carriers to provide reports and information
about changes in property values.
\2\ We are also revising the authority section of Part 1201 by
removing the authorities at Subpart A and Subpart B and adding a new
authority section for Part 1201. It should be noted that the Subpart
B authority referenced sections of the Regional Rail Reorganization
Act of 1973 and the Railroad Revitalization and Regulatory Reform
Act of 1976 that were codified in Title 49 in the now-repealed
Sec. 10362. In place of that section, we are now using for authority
new 49 U.S.C. 11142 and 11164.
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Because this action merely reflects, and is required by, the
enactment of the ICCTA and will not have an adverse effect on the
interests of any person, this action will be deemed to be effective as
of January 1, 1996.
Prior to the elimination of Sec. 10784, in Uniform System of
Records of Property Changes for Railroad Companies, Ex Parte No. 512
(ICC served Aug. 26, 1992) and published at 57 FR 38810 (1992), the
Commission had proposed eliminating the same regulations we are
removing here. A comment in opposition to the rule change was filed.
Because we are removing here the rules proposed for elimination in Ex
Parte No. 512, in a separate decision we are withdrawing the proposed
rule changes and discontinuing the Ex Parte No. 512 proceeding. We will
address there the comment opposing the change.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
List of Subjects 49 CFR Parts 1201 and 1262
Railroads, Reporting and recordkeeping requirements.
Decided: February 28, 1996.
[[Page 9113]]
By the Board, Chairman Morgan, Vice Chairman Simmons, and
Commissioner Owen.
Vernon A. Williams,
Secretary.
For the reasons set forth in the preamble and under the authority
of 49 U.S.C. 721(a), title 49, chapter X of the Code of Federal
Regulations is amended as set forth below:
PART 1201--RAILROAD COMPANIES
1. The authority citations at Subpart A and Subpart B are removed
and a new authority citation for part 1201 is added to read as follows:
Authority: 5 U.S.C. 553 and 49 U.S.C. 11142 and 11164.
Subpart A--[Amended]
2. In Subpart A, General Instructions, Instruction 1-3 is amended
by removing paragraph (g).
PART 1262--[REMOVED]
3. Part 1262 is removed.
[FR Doc. 96-5412 Filed 3-6-96; 8:45 am]
BILLING CODE 4915-00-P
Complete official Federal Register PDF
FR Doc. 96-5346 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Amendment
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9105-9107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5346]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
32 CFR Part 706
Certifications and Exemptions Under the International Regulations
for Preventing Collisions at Sea, 1972; Amendment
AGENCY: Department of the Navy, DoD.
ACTION: Final Rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy is amending its certifications and
exemptions under the International Regulations for Preventing
Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy
Assistant Judge Advocate General (Admiralty) of the Navy has determined
that USS CHEYENNE (SSN 773) is a vessel of the Navy which, due to its
special construction and purpose, cannot fully comply with certain
provisions of the 72 COLREGS without interfering with its special
functions as
[[Page 9106]]
a naval ship. The intended effect of this rule is to warn mariners in
waters where 72 COLREGS apply.
EFFECTIVE DATE: February 21, 1996.
FOR FURTHER INFORMATION CONTACT:
Captain R.R. Pixa, JAGC, U.S. Navy, Admiralty Counsel, Office of the
Judge Advocate General, Navy Department, 200 Stovall Street,
Alexandria, VA 22332-2400, Telephone number: (703) 325-9744.
SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33
U.S.C. 1605, the Department of the Navy amends 32 CFR Part 706. This
amendment provides notice that the Deputy Assistant Judge Advocate
General (Admiralty) of the Navy, under authority delegated by the
Secretary of the Navy, has certified that USS CHEYENNE (SSN 773) is a
vessel of the Navy which, due to its special construction and purpose,
cannot comply fully with the following specific provisions of 72
COLREGS without interfering with its special function as a naval ship:
Rule 21(c), pertaining to the arc of visibility of the sternlight;
Annex I, section 2(a)(i), pertaining to the height of the masthead
light; Annex I, section 2(k), pertaining to the height and relative
positions of the anchor lights; and Annex I, section 3(b), pertaining
to the location of the sidelights. The Deputy Assistant Judge Advocate
General (Admiralty) has also certified that the aforementioned lights
are located in closest possible compliance with the applicable 72
COLREGS requirements.
Notice is also provided that USS CHEYENNE (SSN 773) is a member of
the SSN 688 class of vessels for which certain exemptions, pursuant to
72 COLREGS, Rule 38, have been previously authorized by the Secretary
of the Navy. The exemptions pertaining to that class, found in the
existing table of section 706.3, are equally applicable to USS CHEYENNE
(SSN 773).
Moreover, it has been determined, in accordance with 32 CFR Parts
296 to 701, the publication of this amendment for public comment prior
to adoption is impracticable, unnecessary, and contrary to public
interest since it is based on technical findings that the placement of
lights on this vessel in a manner differently from that prescribed
herein will adversely affect the vessel's ability to perform its
military functions.
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water), and Vessels.
PART 706--[AMENDED]
Accordingly, 32 CFR Part 706 is amended as follows:
1. The authority citation for 32 CFR Part 706 continues to read:
Authority: 33 U.S.C. 1605.
2. Table One of Sec. 706.2 is amended by adding the following
vessel:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605.
* * * * *
Table One
----------------------------------------------------------------------------------------------------------------
Distance in meters of
forward masthead light
Vessel No. below minimum required
height; Sec. 2(a)(i),
annex I
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
USS CHEYENNE.................................... SSN-773 3.5
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
3. Table Three of 706.2 is amended by adding the following vessel:
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Table 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Side
lights Stern Forward
Masthead distance light, anchor Anchor lights
lights arc Side lights Stern light arc inboard of distance light, relationship of aft
Vessel No. of are of of visibility; ship's forward of height light to forward
visibility; visibility; rule 21(c) sides in stern in above hull light in meters;
rule 21(a) rule 21(b) meters; meters; in meters; 2(K), annex 1
3(b), rule 21(c) 2(K),
annex 1 annex 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS CHEYENNE.................... SSN-773 ........... ........... 209 deg. 4.4 6.1 3.4 1.7 below
* * * * * * *
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[[Page 9107]]
Dated: February 21, 1996.
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty).
[FR Doc. 96-5346 Filed 3-6-96; 8:45 am]
BILLING CODE 3810-FF-M
Complete official Federal Register PDF
FR Doc. 96-5330 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Amendment
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9107-9108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5330]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
32 CFR Part 706
Certifications and Exemptions Under the International Regulations
for Preventing Collisions at Sea, 1972; Amendment
AGENCY: Department of the Navy, DOD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy is amending its certifications and
exemptions under the International Regulations for Preventing
Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy
Assistant Judge Advocate General (Admiralty) of the Navy has determined
that USS ROBIN (MHC 54) is a vessel of the Navy which, due to its
special construction and purpose, cannot fully comply with certain
provisions of the 72 COLREGS without interfering with its special
functions as a naval ship. The intended effect of this rule is to warn
mariners in waters where 72 COLREGS apply.
EFFECTIVE DATE: February 11, 1996.
FOR FURTHER INFORMATION CONTACT: Captain R. R. Pixa, JAGC, U.S. Navy,
Admiralty Counsel, Office of the Judge
[[Page 9108]]
Advocate General, Navy Department, 200 Stovall Street, Alexandria,
Virginia, 22332-2400, Telephone Number: (703) 325-9744.
SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33
U.S.C. 1605, the Department of the Navy amends 32 CFR Part 706. This
amendment provides notice that the Deputy Assistant Judge Advocate
General (Admiralty) of the Navy, under authority delegated by the
Secretary of the Navy, has certified that USS ROBIN (MHC 54) is a
vessel of the Navy which, due to its special construction and purpose,
cannot fully comply with the following specific provisions of 72
COLREGS without interfering with its special function as a naval ship:
Rule 27(f), pertaining to the display of all-round lights by a vessel
engaged in mineclearance operations; and Annex I, paragraph 9(b),
prescribing that all-round lights be located as not to be obscured by
masts, topmasts or structures within angular sectors of more than six
degrees. The Deputy Assistant Judge Advocate General (Admiralty) of the
Navy has also certified that the lights involved are located in closest
possible compliance with the applicable 72 COLREGS requirements.
Moreover, it has been determined, in accordance with 32 CFR Parts
296 and 701, that publication of this amendment for public comment
prior to adoption is impracticable, unnecessary, and contrary to public
interest since it is based on technical findings that the placement of
lights on this vessel in a manner differently from that prescribed
herein will adversely affect the vessel's ability to perform its
military functions.
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water), and Vessels.
Accordingly, 32 CFR Part 706 is amended as follows:
PART 706--[AMENDED]
1. The authority citation for 32 CFR Part 706 continues to read:
Authority: 33 U.S.C. 1605.
2. Section 706.2 is amended by adding the following ship to Table
Four, paragraph 18:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605.
* * * * *
----------------------------------------------------------------------------------------------------------------
Obscured angles relative to ship's heading
Vessel No. ----------------------------------------------------------
Port STBD
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
ROBIN............................ MHC 54 59.5 deg. to 78.3 deg. 281.7 deg. to 300.5 deg.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Dated: February 13, 1996.
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty).
[FR Doc. 96-5330 Filed 3-6-96; 8:45 am]
BILLING CODE 3810-FF-P
Complete official Federal Register PDF
FR Doc. 96-5329 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Amendment
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9104-9105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5329]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 706
Certifications and Exemptions Under the International Regulations
for Preventing Collisions at Sea, 1972; Amendment
AGENCY: Department of the Navy, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy is amending its certifications and
exemptions under the International Regulations for Preventing
Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy
Assistant Judge Advocate General (Admiralty) of the Navy has determined
that USS SEAWOLF (SSN 21) is a vessel of the Navy which, due to its
special construction and purpose,
[[Page 9105]]
cannot fully comply with certain provisions of the 72 COLREGS without
interfering with its special functions as a naval ship. The intended
effect of this rule is to warn mariners in waters where 72 COLREGS
apply.
EFFECTIVE DATE: December 26, 1995.
FOR FURTHER INFORMATION CONTACT: Captain R. R. Pixa, JAGC, U.S. Navy,
Admiralty Counsel, Office of the Judge Advocate General, Navy
Department, 200 Stovall Street, Alexandria, VA 22332-2400. Telephone
number: (703) 325-9744.
SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33
U.S.C. 1605, the Department of the Navy amends 32 CFR Part 706. This
amendment provides notice that the Deputy Assistant Judge Advocate
General (Admiralty) of the Navy, under authority delegated by the
Secretary of the Navy, has certified that USS SEAWOLF (SSN 21) is a
vessel of the Navy which, due to its special construction and purpose,
cannot fully comply with the following specific provisions of 72
COLREGS without interfering with its special function as a naval ship:
Rule 21(b), pertaining to the arc of visibility of the sidelights; Rule
21(c), pertaining to the arc of visibility of the sternlight; Annex I,
section 2(a)(i), pertaining to the height of the masthead light; Annex
I, section 2(k), pertaining to the height and relative positions of the
anchor lights; and Annex I, section 3(b), pertaining to the location of
the sidelights. The Deputy Assistant Judge Advocate General (Admiralty)
has also certified that the aforementioned lights are located in
closest possible compliance with the applicable 72 COLREGS
requirements.
Moreover, it has been determined, in accordance with 32 CFR Parts
296 and 701, that publication of this amendment for public comment
prior to adoption is impracticable, unnecessary, and contrary to public
interest since it is based on technical findings that the placement of
lights on this vessel in a manner differently from that prescribed
herein will adversely affect the vessel's ability to perform its
military functions.
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water), and Vessels.
Accordingly, 32 CFR Part 706 is amended as follows:
PART 706--[AMENDED]
1. The authority citation for 32 CFR Part 706 continues to read:
Authority: 33 U.S.C. 1605.
2. Table One of Sec. 706.2 is amended by adding the following
vessel:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605.
* * * * *
Table One
------------------------------------------------------------------------
Distance in meters of
forward masthead light
Vessel No. below minimum required
height; Sec. 2(a)(i),
annex I
------------------------------------------------------------------------
* * * *
* * *
USS SEAWOLF.................... SSN-21 4.62
* * * *
* * *
------------------------------------------------------------------------
3. Table Three of 706.2 is amended by adding the following vessel:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605.
* * * * *
Table 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Side lights Forward
distance Stern anchor Anchor lights
Masthead Side lights Stern light inboard of light, light, relationship of
lights arc of arc of arc of ship's distance height aft light to
Vessel No. visibility; visibility; visibility; sides in forward of above hull forward light in
rule 21(a) rule 21(b) rule 21(c) meters; stern in in meters; meters; 2(K),
3(b), annex meters; 2(K), annex annex 1
1 rule 21(c) 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS SEAWOLF................... SSN-21 225 deg. 118.3 deg. 205 deg. 5.1 10.7 2.8 1.8 below
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: December 26, 1995.
R.R. Pixa,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty).
[FR Doc. 96-5329 Filed 3-6-96; 8:45 am]
BILLING CODE 3810-FF-P
Complete official Federal Register PDF
FR Doc. 96-5328 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Amendment
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Page 9107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5328]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
32 CFR Part 706
Certifications and Exemptions Under the International Regulations
for Preventing Collisions at Sea, 1972; Amendment
AGENCY: Department of the Navy, DOD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy is amending its certifications and
exemptions under the International Regulations for Preventing
Collisions at Sea, 1972 (72 COLREGS). The Deputy Assistant Judge
Advocate General (Admiralty) of the Navy has determined that a prior
certification of noncompliance for USS KITTY HAWK (CV 63) should be
amended to reflect compliance with 72 COLREGS. The intended effect of
this rule is to warn mariners in waters where 72 COLREGS apply.
EFFECTIVE DATE: December 11, 1995.
FOR FURTHER INFORMATION CONTACT: Captain R. R. Pixa, JAGC, U.S. Navy,
Admiralty Counsel, Office of the Judge Advocate General, Navy
Department, 200 Stovall Street, Alexandria, VA 22332-2400, Telephone
number: (703) 325-9744.
SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33
U.S.C. 1605, the Department of the Navy amends 32 CFR Part 706. This
amendment provides notice that the Deputy Assistant Judge Advocate
General (Admiralty) of the Navy, under authority delegated by the
Secretary of the Navy, has determined that certain navigation lights on
USS KITTY HAWK (CV 63), previously certified as not in compliance with
72 COLREGS, now comply with the applicable 72 COLREGS requirements.
Specifically, the ship now has a single forward anchor light and a
single aft anchor light, as required by Rule 30(a)(i). Furthermore, the
forward anchor light and the aft anchor light have been relocated to
comply with Annex I, paragraph 2(k), and Rule 30(a)(ii).
Moreover, it has been determined, in accordance with 32 CFR Parts
296 and 701, that publication of this amendment for public comment
prior to adoption is impracticable, unnecessary, and contrary to public
interest since it is based on technical findings that the placement of
lights on this vessel in a manner differently from that prescribed
herein will adversely affect the vessel's ability to perform its
military functions.
List of Subjects in 32 CFR Part 706
Marine safety, Navigation (water), and Vessels.
Accordingly, 32 CFR Part 706 is amended as follows:
PART 706--[AMENDED]
1. The authority citation for 32 CFR Part 706 continues to read:
Authority: 33 U.S.C. 1605.
2. Table Two of 706.2 is amended by revising the entry for USS
KITTY HAWK as follows:
Sec. 706.2 Certifications of the Secretary of the Navy under Executive
Order 11964 and 33 U.S.C. 1605.
* * * * *
Table Two
--------------------------------------------------------------------------------------------------------------------------------------------------------
AFT
anchor Side
Masthead Forward light, Side lights, Side
lights, anchor Forward distance AFT lights, distance lights,
distance light, anchor below anchor distance forward of distance
to stbd distance light, flight dk light, below forward inboard of
Vessel No. of keel below number in number flight dk masthead ship's
in flight dk of; rule meters; of; rule in meters; light in sides in
meters; in meters; 30(a)(i) rule 30(a)(ii) Sec. meters; meters;
rule Sec. 21(e), 2(g), Sec. Sec.
21(a) 2(K), rule annex I 3(b), 3(b),
Annex I 30(a)(ii) annex I annex I
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS KITTY HAWK........................ CV-63 27.8 .......... 1 ......... 1 0.2 .......... ..........
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: December 11, 1995.
R.R. Pixa,
Captain, JAGC, U.S. Navy Deputy Assistant Judge Advocate General
(Admiralty).
[FR Doc. 96-5328 Filed 3-6-96; 8:45 am]
BILLING CODE 3810-FF-P
Complete official Federal Register PDF
FR Doc. 96-5312 Groundfish of the Bering Sea and Aleutian Islands Area; Offshore Component Pollock in the Aleutian Islands Subarea
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Page 9113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5312]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 675
[Docket No. 960129019-6019-01; I.D. 030196A]
Groundfish of the Bering Sea and Aleutian Islands Area; Offshore
Component Pollock in the Aleutian Islands Subarea
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Closure.
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SUMMARY: NMFS is prohibiting directed fishing for pollock by vessels
catching pollock for processing by the offshore component in the
Aleutian Islands subarea (AI) of the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to prevent exceeding
the first allowance of the pollock total allowable catch (TAC)
apportioned to vessels harvesting pollock for processing by the
offshore component in the AI.
EFFECTIVE DATE: 12 noon, Alaska local time (A.l.t.), March 2, 1996,
until 12 noon, A.l.t., April 15, 1996.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.
SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive
economic zone is managed by NMFS according to the Fishery Management
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands
Area (FMP) prepared by the North Pacific Fishery Management Council
under authority of the Magnuson Fishery Conservation and Management
Act. Fishing by U.S. vessels is governed by regulations implementing
the FMP at 50 CFR parts 620 and 675.
In accordance with Sec. 675.20(a)(7)(ii), the first allowance of
pollock for vessels catching pollock for processing by the offshore
component in the AI was established by the Final 1996 Harvest
Specifications of Groundfish (61 FR 4311, February 5, 1996) as 19,669
metric tons (mt).
The Director, Alaska Region, NMFS (Regional Director), has
determined in accordance with Sec. 675.20(a)(8), that the first
allowance of pollock TAC for vessels catching pollock for processing by
the offshore component in the AI soon will be reached. Therefore, the
Regional Director has established a directed fishing allowance of
18,669 mt with consideration that 1,000 mt will be taken as incidental
catch in directed fishing for other species in the AI. Consequently,
NMFS is prohibiting directed fishing for pollock by vessels catching
pollock for processing by the offshore component in the AI. This
closure is effective noon, A.l.t., March 2, 1996, through noon, A.l.t.,
April 15, 1996. Under Sec. 675.20(a)(2)(ii), the second allowance is
available from noon, A.l.t., August 15 through the end of the fishing
year.
Maximum retainable bycatch amounts for applicable gear types may be
found in the regulations at Sec. 675.20(h).
Classification
This action is taken under Sec. 675.20 and is exempt from review
under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 1, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 96-5312 Filed 3-1-96; 4:33 pm]
BILLING CODE 3510-22-P
Complete official Federal Register PDF
FR Doc. 96-5301 Assignment and Utilization of Space
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9110-9112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5301]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 101-17
RIN 3090-AF90
Assignment and Utilization of Space
AGENCY: Public Buildings Service, General Services Administration.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule begins the process of replacing Part 101-17
of the Federal Property Management Regulations (FPMR). Policy and
procedures regarding the assignment and utilization of space have been
provided by a series of temporary regulations since 1982, the most
current being FPMR Temporary Regulation D-76 which went into effect on
August 26, 1991. This interim rule repeals the outdated and superseded
permanent FPMR Part 101-17 and provides new guidance concerning the
location of Federal facilities in urban areas.
DATES: This interim rule is effective March 7, 1996. Comments should be
submitted on or before April 8, 1996. This interim rule shall expire on
March 7, 1997.
ADDRESS: Comments should be submitted to the General Services
Administration, Public Buildings Service, Office of Commercial Broker
(PE), Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT:
Hilary Peoples, Assistant Commissioner, Office of Commercial Broker, at
(202) 501-1025.
SUPPLEMENTARY INFORMATION: The purpose of this interim rule is to
provide new, permanent FPMR guidance regarding the location of Federal
facilities in urban areas.
On August 16, 1978, President Carter issued Executive Order 12072,
which directs Federal agencies to give first consideration to
centralized community business areas when filling federal space needs
in urban areas. The objective of the Executive Order is that Federal
facilities and Federal use of space in urban areas serve to strengthen
the nation's cities and make them attractive places to live and to
work. This regulation serves to reaffirm this Administration's
commitment to Executive Order 12072 and its goals.
[[Page 9111]]
The General Services Administration (GSA) has determined that this
rule is not a significant regulatory action for the purposes of
Executive Order 12866.
This rule is not expected to have a significant economic impact on
a substantial number of small entities within the meaning of the
Regulatory Flexibility Act. (5 U.S.C. 601, et seq.). An initial
regulatory flexibility analysis has therefore not been performed.
The Paperwork Reduction Act does not apply to this action because
the proposed changes to the Federal Property Management Regulations do
not impose reporting, recordkeeping or information collection
requirements which require the approval of the Office of Management and
Budget pursuant to 44 U.S.C. 3501, et seq.
List of Subjects in 41 CFR Part 101-17
Administrative practices and procedures, Federal buildings and
facilities, Government real property management.
Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c)
In 41 CFR Chapter 101, the following Interim Rule D-1 is added to
the appendix at the end of Subchapter D to read as follows:
Federal Property Management Regulations Interim Rule
To: Heads of Federal Agencies
Subject: Assignment and Utilization of Space
1. Purpose. This interim rule begins the process of replacing
Part 101-17 of the Federal Property Management Regulations (FPMR).
Policy and procedures regarding the assignment and utilization of
space have been provided by a series of temporary regulations since
1982, the most current being FPMR Temporary Regulation D-76 which
went into effect on August 26, 1991. This interim rule repeals the
outdated and superseded permanent FPMR Part 101-17 and provides new
guidance concerning the location of Federal facilities in urban
areas.
2. Effective date. This interim rule is effective March 7, 1996.
Comments should be submitted on or before April 8, 1996.
3. Expiration date. March 7, 1997.
4. Comments: Comments should be submitted to the General
Services Administration, Public Buildings Service, Office of
Commercial Broker (PE), Washington, DC 20405.
5. Effect on other directives. This interim rule amends 41 CFR
Part 101-17 by deleting all subparts and sections in their entirety
and by adding a new Sec. 101-17.205 entitled ``Location of Space.''
Dated: December 21, 1995.
Thurman M. Davis,
Acting Administrator of General Services.
``Subchapter D--Public Buildings and Space
PART 101-17--ASSIGNMENT AND UTILIZATION OF SPACE
Sec. 101-17.205 Location of space.
(a) Each Federal agency is responsible for identifying its
geographic service area and the delineated area within which it
wishes to locate specific activities, consistent with its mission
and program requirements, and in accordance with all applicable
statutes, regulations and policies. Specifically, under the Rural
Development Act of 1972, as amended, 42 U.S.C. Sec. 3122, agencies
are required to give first priority to the location of new offices
and other facilities in rural areas. When agency mission and program
requirements call for location in an urban area, agencies must
comply with Executive Order 12072, August 16, 1978, 3 CFR, 1979
Comp., p. 213, which requires that first consideration be given to
central business areas (CBAs) and other designated areas. The agency
shall submit to GSA a written statement explaining the basis for the
delineated area.
(b) GSA shall survey agencies' mission, housing, and location
requirements in a community and include these considerations in
community-based policies and plans. These plans shall provide for
the location of federally-owned and leased facilities, and other
interests in real property including purchases, at locations which
represent the best overall value to the Government consistent with
agency requirements.
(c) Whenever practicable and cost-effective, GSA will
consolidate elements of the same agency or multiple agencies in
order to achieve the economic and programmatic benefits of
consolidation.
(d)(1) GSA will consult with local officials and other
appropriate Government officials and consider their recommendations
for, and review of, general areas of possible space or site
acquisition. GSA will advise local officials of the availability of
data on GSA plans and programs, and will agree upon the exchange of
planning information with local officials. GSA will consult with
local officials to identify CBAs.
(2) With respect to an agency's request for space in an urban
area, GSA shall provide appropriate Federal, State, regional, and
local officials such notice as will keep them reasonably informed
about GSA's proposed space action. For all proposed space actions
with delineated areas either partially or wholly outside the CBA,
GSA shall consult with such officials by providing them with written
notice, by affording them a proper opportunity to respond, and by
considering all recommendations for and objections to the proposed
space action. All contacts with such officials relating to proposed
space actions must be appropriately documented in the official
procurement file.
(e) GSA is responsible for reviewing an agency's delineated area
to confirm that, where appropriate, there is maximum use of existing
Government-controlled space and that established boundaries provide
competition when acquiring leased space.
(f) In satisfying agency requirements in an urban area, GSA will
review an agency requested delineated area to ensure that the area
is within the CBA. If the delineated area requested is outside the
CBA, in whole or part, an agency must provide written justification
to GSA setting forth facts and considerations sufficient to
demonstrate that first consideration has been given to the CBA and
to support the determination that the agency program function(s)
involved cannot be efficiently performed within the CBA.
(g) Agency justifications for locating outside CBAs must
address, at a minimum, the efficient performance of the missions and
programs of the agencies, the nature and function of the facilities
involved, the convenience of the public served, and the maintenance
and improvement of safe and healthful working conditions for
employees.
(h) GSA is responsible for approving the final delineated area.
As the procuring agency, GSA must conduct all acquisitions in
accordance with the requirements of all applicable laws,
regulations, and Executive orders. GSA will review the identified
delineated area to confirm its compliance with all applicable laws,
regulations, and Executive orders, including the Rural Development
Act of 1972, as amended, the Competition in Contracting Act, as
amended, 41 U.S.C. Sec. 252-266, and Executive Order 12072.
(i) Executive Order 12072 provides that ``space assignments
shall take into account the management needs for consolidation of
agencies or activities in common or adjacent space in order to
improve administration and management and effect economies.''
Justifications that rely on consolidation or adjacency requirements
will be carefully reviewed for legitimacy.
(j) Executive Order 12072 directs the Administrator of General
Services to ``[e]nsure, in cooperation with the heads of Executive
agencies, that their essential space requirements are met in a
manner that is economically feasible and prudent.'' Justifications
that rely on budget or other fiscal restraints for locating outside
the CBA will be carefully reviewed for legitimacy.
(k) Justifications based on executive or personnel preferences
or other matters which do not have a material and significant
adverse impact on the efficient performance of agency program
functions are not acceptable.
(l) In accordance with the Competition in Contracting Act, GSA
may consider whether restricting the delineated area to the CBA will
provide for competition when acquiring leased space. Where it is
determined that an acquisition should not be restricted to the CBA,
GSA may expand the delineated area in consultation with the
requesting agency and local officials. The CBA must continue to be
included in such an expanded area.
(m) If, based on its review of an agency's requested delineated
area, GSA concludes that changes are appropriate, GSA will discuss
its recommended changes with the requesting agency. If after
discussions the requesting agency does not agree with GSA's
[[Page 9112]]
delineated area recommendation, the agency may take the steps
described in this section. If an agency elects to request a review
of the GSA's delineated area recommendation, GSA will continue to
work on the requirements development and other activities related to
the requesting agency's space request. GSA will not issue a
solicitation to satisfy an agency's space request until all
requested reviews have been resolved.
(1) For space actions of less than 25,000 square feet, an agency
may request a review of GSA's delineated area recommendation by
submitting a written request to the responsible Assistant Regional
Administrator for the Public Buildings Service. The request for
review must state all facts and other considerations and must
justify the requesting agency's proposed delineated area in light of
Executive Order 12072 and other applicable statutes, regulations,
and policies. The Assistant Regional Administrator will issue a
decision within fifteen (15) working days. The decision of the
Assistant Regional Administrator will be final and conclusive.
(2) For space actions of 25,000 square feet or greater, a
requesting agency may request a review of GSA's delineated area
recommendation by submitting a written request to the Commissioner
of the Public Buildings Service that the matter be referred to an
interagency council for decision. The interagency council will be
established specifically to consider the appeal and will be
comprised of the Administrator of General Services or his/her
designee, the Secretary of Housing and Urban Development, or his/her
designee, and such other Federal official(s) as the Administrator
may appoint.
(n) The presence of the Federal Government in the National
Capital Region (NCR) is such that the distribution of Federal
installations will continue to be a major influence in the extent
and character of development. These policies shall be applied in the
GSA National Capital Region, in conjunction with regional policies
established by the National Capital Planning Commission and
consistent with the general purposes of the National Capital
Planning Act of 1959 (66 Stat. 781), as amended. These policies
shall guide the development of strategic plans for the housing of
Federal agencies within the National Capital Region.
(o) Consistent with the policies cited in paragraphs (a), (b),
(c) and (e) of this section, the use of buildings of historic
architectural, or cultural significance within the meaning of
section 105 of the Public Buildings Cooperative Use Act of 1976 (90
Stat. 2505) will be considered as alternative sources for meeting
Federal space needs.
(p) As used in Sec. 101-17.205, the following terms have the
following meanings:
(1) ``CBA'' means the centralized community business area and
adjacent areas of similar character, including other specific areas
which may be recommended by local officials in accordance with
Executive order 12072.
(2) ``Delineated area'' means the specific boundaries within
which space will be obtained to satisfy an agency space requirement.
(3) ``Rural area'' means any area that (i) is within a city or
town if the city or town has a population of less than 10,000 or
(ii) is not within the outer boundaries of a city or town if the
city or town has a population of 50,000 or more and if the adjacent
urbanized and urbanizing areas have a population density of more
than 100 per square mile.
(4) ``Urban area'' means any Metropolitan Area (MA) as defined
by the Office of Management and Budget (OMB) and any non-MA that
meets one of the following criteria:
(i) A geographical area within the jurisdiction of any
incorporated city, town, borough, village, or other unit of general
local government, except county or parish, having a population of
10,000 or more inhabitants.'
(ii) That portion of the geographical area within the
jurisdiction of any county, town, township, or similar governmental
entity which contains no incorporated unit of general local
government, but has a population density equal to or exceeding 1,500
inhabitants per square mile; or
(iii) That portion of any geographical area having a population
density equal to or exceeding 1,500 inhabitants per square mile and
situated adjacent to the boundary of any incorporated unit of
general local government which has a population of 10,000 or more
inhabitants. (Reference: Intergovernmental Cooperation Act of 1968,
40 U.S.C. Sec. 535.)
[FR Doc. 96-5301 Filed 3-6-96; 8:45 am]
BILLING CODE 6820-33-M
Complete official Federal Register PDF
FR Doc. 96-5282 Miscellaneous Minor and Technical Amendments
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9228-9255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5282]
[[Page 9227]]
_______________________________________________________________________
Part II
Department of Labor
_______________________________________________________________________
Occupational Safety and Health Administration
_______________________________________________________________________
29 CFR Part 1901, et al.
Miscellaneous Minor and Technical Amendments; Final Rule
Federal Register / Vol. 61, No. 46 / Thursday, March 7, 1996 / Rules
and Regulations
[[Page 9228]]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1901, 1902, 1910, 1915, 1926, 1928, 1950 and 1951
Miscellaneous Minor and Technical Amendments
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Final rule; corrections and technical amendments.
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SUMMARY: The Occupational Safety and Health Administration (OSHA) has
initiated a comprehensive line-by-line review of its standards
published in the Code of Federal Regulations (CFR) as directed by
President Clinton in March 1995. From this review, OSHA has identified
a number of sections and provisions of these standards for correction
and technical amendment. In this document, OSHA is making corrections,
deleting redundant provisions, and clarifying and reorganizing various
other provisions throughout OSHA's standards in the CFR. This document
does not change the substantive requirements of the standards.
EFFECTIVE DATE: May 6, 1996. The incorporations by reference of the
consensus standards listed in Secs. 1926.1002, 1926.1003, and 1928.51
are approved by the Director of the Federal Register as of May 6, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Anne Cyr, Office of Information
and Consumer Affairs, OSHA, U.S. Department of Labor, Room N-3647, 200
Constitution Avenue, N.W., Washington, D.C. 20210; telephone: (202)
219-8615.
SUPPLEMENTARY INFORMATION:
I. Background
In March 1995, the President directed Federal agencies to undertake
a line-by-line review of their regulations to determine where they
could be simplified or clarified. OSHA initiated such a review, and as
a result completed a document on May 31, 1995, entitled ``OSHA's
Regulatory Reform Initiatives.'' That document detailed the Agency's
findings as to which regulations could be deleted or revised to improve
compliance by employers and, consequently, provide enhanced
occupational safety and health protection to employees. This regulatory
improvement process involves revocation of outdated and obsolete
provisions, consolidation of repetitious provisions, and clarification
of confusing language.
The Agency is beginning this process with this document, by
addressing minor clarifications, corrections, and technical amendments
to OSHA standards. These do not require notice and comment. A detailed
discussion of these actions is provided below under ``Summary and
Explanation.'' In addition, the Agency plans to undertake several more
regulatory reform initiatives. OSHA is developing a proposal to make
substantive changes in various standards to diminish regulatory burdens
without reducing worker protections. OSHA also intends to take actions
to reduce paperwork and shorten and simplify its standards that are
codified in the CFR.
II. Summary and Explanation
A. Merging the 13 Carcinogen Standards Into Single Standards in 29 CFR
Parts 1910, 1915, and 1926
Thirteen similar standards for carcinogenic chemicals are codified
in subpart Z of OSHA's General Industry standards at 29 CFR 1910.1003
through 1016. The regulatory requirements for each are similar, with
the few differences based principally on the corrosiveness of the
substance, or its physical state at room temperature. Because of their
similarities, OSHA has decided to combine the 13 standards into a
single rule. Accordingly, OSHA is issuing a technical amendment
combining the 13 carcinogenic chemical standards into a single
consolidated standard at Sec. 1910.1003, entitled ``13 Carcinogens.''
No substantive revisions have been made to any provisions of the 13
carcinogenic chemical standards. Where requirements vary for different
chemicals, paragraphs are being added to Sec. 1910.1003 to include
these differing requirements.
The standards for the 13 carcinogenic chemicals found under 29 CFR
Parts 1915 and 1926 are being consolidated in the same manner. They
will be consolidated under single standards for each of these parts,
Secs. 1915.1003 and 1926.1103, titled ``13 Carcinogens.''
B. Consensus Standards and Organizations and Incorporation by Reference
Statements in 29 CFR Part 1910
Among the provisions being removed from the CFR are the following
12 General Industry sections that list the addresses of consensus
organizations: 29 CFR 1910.40, 1910.70, 1910.100, 1910.116, 1910.140,
1910.148, 1910.171, 1910.190, 1910.222, 1910.247, 1910.257, and
1910.275. These addresses are being consolidated into Sec. 1910.6,
titled ``Incorporation by Reference.'' The addresses have been updated
and may be used to obtain copies of the original consensus standards
that were incorporated into these sections. Consistent with this
revision, Sec. 1910.6 is being amended to include a list of the
consensus standards incorporated by reference into the CFR, as well as
references to the OSHA-related CFR sections developed from each of
these incorporated consensus standards.
Copies of the original consensus standards are also available from
OSHA area offices.
The following 14 sections of 29 CFR part 1910 contain only
identifying information regarding the consensus standards which were
originally used as sources for OSHA standards: 29 CFR 1910.31, 1910.39,
1910.69, 1910.99, 1910.115, 1910.139, 1910.150, 1910.153, 1910.170,
1910.189, 1910.221, 1910.246, 1910.256, and 1910.274. Because OSHA has
revised and updated many of its standards over the past 25 years, the
references to the original sources for these standards are no longer
valid. Accordingly, OSHA is deleting these references. The
parenthetical note entitled ``Source'' at the bottom of
Sec. 1910.68(e)(3) is being removed as well.
In this document, OSHA is also consolidating all ``incorporation by
reference'' (IBR) statements into Sec. 1910.6. These statements are
currently scattered throughout part 1910. The paragraphs affected by
this change are: Sec. 1910.133(b) (1) and (2), 1910.135(b) (1) and (2),
1910.136(b) (1) and (2), and Sec. 1910.266 (d)(3)(iv), (e)(2)(i),
(f)(3) (ii) through (iv), (f)(4), and (f)(5)(i).
C. Effective Dates Codified Under 29 CFR Part 1910
Several OSHA standards published in the CFR provide information
regarding the date the standard was to become effective. In general,
effective dates are not included or retained as part of the CFR. In
addition, the effective dates published in the CFR under these
provisions have expired. OSHA therefore is revising or deleting the
effective date provisions of the following standards, as appropriate:
Secs. 1910.17, 1910.66, 1910.114, 1910.145, 1910.157, 1910.158,
1910.182, 1910.216, 1910.217, 1910.261, 1910.265, and 1910.272.
D. Editorial Corrections to 29 CFR part 1910
The following miscellaneous editorial corrections are being made to
29 CFR part 1910:
1. Because internal units within a CFR section are to be referred
to as
[[Page 9229]]
``paragraphs,'' the phrase ``subdivision (A) of this subdivision'' in
Sec. 1910.68(c)(7)(ii)(B) is being revised to read ``paragraph
(c)(7)(ii)(A) of this section,'' while the phrase ``subparagraph
(6)(ii) of this paragraph'' in Sec. 1910.94(c)(4)(iii) is being changed
to read ``paragraph (c)(6)(ii) of this section.''
2. In the first sentence of Sec. 1910.20(c)(13)(i), the word
``least'' is being changed to ``latest.''
3. In Sec. 1910.94, the term ``[Reserved]'' at the beginning of
paragraph (c)(5)(iii) is being removed, and the succeeding designation
letter ``(A)'' is being moved immediately to the right of the ``(iii)''
at the beginning of the paragraph.
4. The table titled ``OSHA Onsite Consultation Project Directory''
in Appendix G to Sec. 1910.95 is being deleted. Since this table was
first published, numerous revisions have occurred to the entries cited
in the directory, making the information in this table obsolete.
5. In two places (Appendix H to Sec. 1910.95 and Appendix D to
subpart L of 29 CFR part 1910), an out-of-date telephone number for
OSHA's Technical Data Center, ``523-9700,'' is being changed to the
current number, ``219-7500.''
6. In Sec. 1910.120, the comma that runs into the beginning of the
word ``uncontrolled'' near the middle of paragraph (a)(1)(i) is being
removed to improve clarity.
7. In paragraphs (d)(2), (d)(4), and (d)(6) of Sec. 1910.145, the
paragraph designation ``(i)'' is being removed because these paragraphs
have no subsequent designations.
8. In the listing for OSHA's Publications Office under Appendix B
to Sec. 1910.177, an out-of-date telephone number, ``523-9667,'' is
being changed to the current number ``219-4667.''
9. In table O-10 following Sec. 1910.217(f)(4), the fourth entry in
the first column that reads ``1\1/2\ to 5\1/2\'' is being changed to
read ``3\1/2\ to 5\1/2\.''
10. In Sec. 1910.217(g), the title ``Director of the Office of
Standards Development'' is being changed to read ``Director of the
Directorate of Safety Standards Programs.''
11. In Sec. 1910.440, the phrase ``Health, Education and Welfare''
in paragraphs (b)(1) and (b)(5)(ii) is being revised to read ``Health
and Human Services.''
E. Revisions to 29 CFR Part 1926 Standards Incorporated From 29 CFR
Part 1910
Minor corrections and technical amendments also are being made to
several 29 CFR part 1926 (Construction Industry) standards that were
incorporated from 29 CFR part 1910 (General Industry) in a previous
rulemaking notice (June 30, 1993, 58 FR 35076). This previous action
made no substantive changes to the incorporated standards, but the
publication of these standards introduced various typographical errors
and omissions. In addition, some changes were made to properly reflect
the legal history and their adoption under the relevant statutes.
F. Miscellaneous Technical Amendments to 29 CFR Part 1926
On April 20, 1982 (47 FR 16986), OSHA published a final rule that
consolidated standards addressing ship repair, shipbuilding, and
shipbreaking, located under 29 CFR parts 1915 through 1917, into 29 CFR
part 1915 (``Shipyard employment''). Paragraph (b) of Sec. 1926.30
(``Shipbuilding and ship repairing''), however, still refers to old
parts 1916 and 1917. These references are being corrected.
Several changes are being made to Sec. 1926.31 to provide current
addresses and cross-references.
G. Revisions to Standards Addressing Roll-Over Protection Structures
for Tractors Under 29 CFR Parts 1926 and 1928
Various provisions of OSHA standards that specify minimum test
procedures and performance requirements for manufacturers who design
and construct roll-over protective structures (ROPS) and overhead
protection attached to tractors used in construction work and
agricultural operations are being removed. OSHA is removing these
detailed specifications from the CFR because they are design criteria
generally not useful to employers. The Agency is replacing them with
references to the source consensus standards from which they were
developed. The references will be provided in footnotes to the relevant
provisions of the OSHA standards. The substantive requirements are
unchanged.
This rulemaking involves the following amendments:
1. Paragraphs (c) through (i), and (k) of Sec. 1926.1002 are
deleted and replaced with a reference to Society of Automotive
Engineers (SAE) consensus standard J334a in paragraph (a)(1) of
Sec. 1926.1002.
2. Paragraphs (c) through (g) of Sec. 1926.1003 are deleted and
replaced with a reference to SAE J167 in paragraph (a)(1) of
Sec. 1926.1003.
3. Sections 1928.52 and 1928.53 and Appendix B to subpart C of 29
CFR part 1928 are deleted and replaced by references to SAE J168 and
J334 and American Society of Agricultural Engineers consensus standards
306.3 and 336.1 in paragraph (b)(1) of Sec. 1928.51.
H. Revisions to the Cadmium Standard Under 29 CFR Part 1928
The cadmium standard for the Agriculture Industry, Sec. 1928.1027,
duplicates the cadmium standard of 29 CFR part 1910. The Agency has
determined that publishing the full text of the standard under part
1928 is unnecessary because the requirements of the standard can be
found in the General Industry cadmium standard (Sec. 1910.1027). A
cross-reference from the agriculture industry standards to
Sec. 1910.1027 is being inserted in place of the full text of the
standard. OSHA also is adding paragraph (a)(6) to Sec. 1928.21
specifying that the cadmium standard under part 1910 is applicable to
the agriculture industry.
I. Agreements With and Grants to States
The primary purpose of 29 CFR part 1901 has been to interpret and
apply section 18(h) of the Occupational Safety and Health Act of 1970
(the Act). Since the State agreements that were permitted under section
18(h) have been obsolete since 1972, most of part 1901 is no longer
necessary. Therefore OSHA is revoking all of part 1901, with the
exception of the first sentence of Sec. 1901.2. That sentence
interprets the preemption language in section 18(a) of the Act and is
relied on by courts in preemption cases. That language is being moved
to become the fourth sentence in paragraph (a) of 29 CFR 1902.1.
Part 1950 of title 29 CFR interprets and applies section 23 (a) and
(b) of the Act, which authorizes the Secretary of Labor to make grants
to the States for certain development and planning purposes with regard
to occupational safety and health State plans. As the statutory
authority for making these grants to the States expired in 1973, it is
being revoked.
Part 1951 of title 29 CFR contains procedures for making grants to
the States to assist them in administering and enforcing programs for
occupational safety and health contained in State plans. Since
financial grant rules and regulations can be found in 29 CFR part 97
and in Office of Management and Budget Circular A-102, part 1951 is
redundant and is being revoked.
III. Exemption From Notice and Comment Procedures
OSHA has determined that this rulemaking is not subject to the
[[Page 9230]]
procedures for public notice-and-comment rulemaking specified under
section 4 of the Administrative Procedure Act (5 U.S.C. 553) or sec.
6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C.
655(b)) because this rulemaking does not affect the substantive
requirements or coverage of the standards involved. This rulemaking
does not modify or revoke existing rights and obligations, and new
rights and obligations have not been established. Under this
rulemaking, the Agency is merely correcting or clarifying existing
regulatory requirements. OSHA therefore finds that public notice-and-
comment procedures are unnecessary within the meaning of 5 U.S.C.
553(b)(3)(B) and 29 CFR 1911.5.
IV. Clearance of Information Collection Requirement
On August 29, 1995, the Office of Management and Budget (OMB)
published a new 5 CFR part 1320 (60 FR 44978), implementing the
information collection provisions of the Paperwork Reduction Act of
1995 (PRA 95) (Pub. L. 104-13, May 22, 1995). Part 1320, which became
effective on October 1, 1995, sets forth procedures for information
collection requirements. The Act changed the previous law in several
significant ways. Among other things, it redefined ``collection of
information'' to include third-party and public disclosures.
To be in compliance with PRA 95 by October 1995, the Department of
Labor published a document in the Federal Register seeking generic
clearances from OMB for a number of existing information collection
requests (60 FR 35228, July 6, 1995). This was necessary as third-party
disclosure paperwork burden hours were previously deleted from the
Information Collection Requests as adjustments resulting from the Dole,
Secretary of Labor et al. v. United Steelworkers of America, Opinion of
the Court 494 U.S. 26, 33 (1990) decision. The 13 carcinogen standards'
information collection requests were part of this overall generic
clearance.
On September 19, 1995, OMB approved the information collection
requirements contained in the 13 carcinogen standards until August 31,
1996. Each of the 13 carcinogen standards currently set out the OMB
approval number at the end of the corresponding CFR section. While this
final rule combines the 13 carcinogens under a single CFR section
(which appears in OSHA's standards as Secs. 1910.1003, 1915.1003, and
1926.1103), it does not affect or change the burden of those
requirements. The OMB numbers for the 13 carcinogens standards are
unchanged, and being are listed as a group at the end of the combined
carcinogens section.
The 13 separate information collection requests will be combined
into one information collection request when submitting the package to
OMB for approval later this year. This package will be submitted under
OMB number 1218-0085.
List of Subjects
29 CFR Part 1901
Intergovernmental relations, Occupational safety and health.
29 CFR Part 1902
Occupational safety and health, State and local government.
29 CFR Part 1910
Hazardous materials, Incorporation by reference, Occupational
safety and health.
29 CFR Part 1915
Shipyards, Occupational safety and health, Protective equipment.
29 CFR Part 1926
Construction industry, Hazardous materials, Incorporation by
reference, Occupational safety and health.
29 CFR Part 1928
Agriculture, Incorporation by reference, Occupational safety and
health, Protective equipment.
29 CFR Parts 1950 and 1951
Grant programs--health, Grant programs--labor, Occupational safety
and health, Reporting and recordkeeping requirements.
V. Authority
This document was prepared under the direction of Joseph A. Dear,
Assistant Secretary of Labor for Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C.
20210.
Signed at Washington, D.C., this 8th day of February, 1996.
Joseph A. Dear,
Assistant Secretary of Labor.
Accordingly, pursuant to sections 4, 6, and 8 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), sec. 107 of
the Contract Work Hours and Safety Standards Act (40 U.S.C. 333), and
Secretary of Labor's Order No. 1-90 (55 FR 9033), title 29 CFR chapter
XVII is amended as set forth below.
PART 1901--[REMOVED AND RESERVED]
1. Part 1901 is removed and reserved.
PART 1902--STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE
STANDARDS
1. The authority citation for part 1902 continues to read as
follows:
Authority: Secs. 8 and 18 of the Occupational Safety and Health
Act of 1970, 29 U.S.C. 657 and 667.
2. Paragraph (a) of Sec. 1902.1 is revised to read as follows:
Sec. 1902.1 Purpose and scope.
(a) This part applies the provisions of section 18 of the Williams-
Steiger Occupational Safety and Health Act of 1970 (hereinafter
referred to as the Act) relating to State plans for the development and
enforcement of State occupational safety and health standards. The
provisions of the part set forth the procedures by which the Assistant
Secretary for Occupational Safety and Health (hereinafter referred to
as the Assistant Secretary) under a delegation of authority from the
Secretary of Labor (Secretary's Order No. 12-71, 36 FR 8754, May 12,
1971) will approve or reject State plans submitted to the Secretary. In
the Act, Congress declared it to be its purpose and policy ``* * * 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'' by, among other actions and programs, ``* * * encouraging
the State to assume the fullest responsibility for the administration
and enforcement of their occupational safety and health laws. Section
18(a) of the Act is read as preventing any State agency or court from
asserting jurisdiction under State law over any occupational safety or
health issue with respect to which a Federal standard has been issued
under section 6 of the Act. However, section 18(b) provides that any
State that desires to assume responsibility for the development and
enforcement therein of occupational safety and health standards
relating to issues covered by corresponding standards promulgated under
section 6 of the Act shall submit a plan for doing so to the Assistant
Secretary.
* * * * *
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Subpart A--General
1. The authority citation for subpart A is revised to read as
follows:
[[Page 9231]]
Authority: Secs. 4, 6 and 8 of the Occupational Safety and
Health Act of 1910 (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), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911; 5
U.S.C. 553.
2. In Sec. 1910.6, paragraph (a) is redesignated as paragraph
(a)(1); paragraph (b) is redesignated as paragraph (a)(3) and revised;
paragraph (c) is redesignated as paragraph (a)(2); and new paragraphs
(a)(4) and (b) through (w) are added to read as follows:
Sec. 1910.6 Incorporation by reference.
(a) * * *
(3) The materials listed in paragraphs (b) through (w) of this
section are incorporated by reference in the corresponding sections
noted as they exist on the date of the approval, and a notice of any
change in these materials will be published in the Federal Register.
These incorporations by reference were approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(4) Copies of the following standards that are issued by the
respective private standards organizations may be obtained from the
issuing organizations. The materials are available for purchase at the
corresponding addresses of the private standards organizations noted
below. In addition, all are available for inspection at the Office of
the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington DC, and through the OSHA Docket Office, room N2625, U.S.
Department of Labor, 200 Constitution Ave., Washington, DC 20210, or
any of its regional offices.
(b) The following material is available for purchase from the
American Conference of Governmental Industrial Hygienists (ACGIH), 1014
Broadway, Cincinnati OH 45202:
(1) ACGIH Manual ``Industrial Ventilation'' (1970), incorporation
by reference (IBR) approved for Sec. 1910.94(d) (7)(iv) and (8)(i).
(2) Threshold Limit Values and Biological Exposure Indices for
1986-87 (1986), IBR approved for Sec. 1910.120, PEL definition.
(c) The following material is available for purchase from the
American Society of Agricultural Engineers (ASAE), 2950 Niles Road,
Post Office Box 229, St. Joseph, MI 49085:
(1) ASAE Emblem for Identifying Slow Moving Vehicles, ASAE S276.2
(1968), IBR approved for Sec. 1910.145(d)(10).
(2) [Reserved]
(d) The following material is available for purchase from the
Agriculture Ammonia Institute-Rubber Manufacturers (AAI-RMA)
Association, 1400 K St. NW, Washington DC 20005:
(1) AAI-RMA Specifications for Anhydrous Ammonia Hose, IBR approved
for Sec. 1910.111(b)(8)(i).
(2) [Reserved]
(e) The following material is available for purchase from the
American National Standards Institute (ANSI), 11 West 42nd St., New
York, NY 10036:
(1) ANSI A10.2-44 Safety Code for Building Construction, IBR
approved for Sec. 1910.144(a)(1)(ii).
(2) ANSI A10.3-70 Safety Requirements for Explosive-Actuated
Fastening Tools, IBR approved for Sec. 1910.243(d)(1)(i).
(3) ANSI A11.1-65 (R 70) Practice for Industrial Lighting, IBR
approved for Secs. 1910.219(c)(5)(iii); 1910.261 (a)(3)(i), (c)(10),
and (k)(21); and 1910.265(c)(2).
(4) ANSI A11.1-65 Practice for Industrial Lighting, IBR approved
for Secs. 1910.262(c)(6) and 1910.265(d)(2)(i)(a).
(5) ANSI A12.1-67 Safety Requirements for Floor and Wall Openings,
Railings, and Toe Boards, IBR approved for Secs. 1910.66 Appendix D,
(c)(4); 1910.68 (b)(4) and (b)(8)(ii); 1910.261 (a)(3)(ii), (b)(3),
(c)(3)(i), (c)(15)(ii), (e)(4), (g)(13), (h)(1), (h)(3)(vi), (j)(4)
(ii) and (iv), (j)(5)(i), (k)(6), (k)(13)(i), and (k)(15).
(6) ANSI A13.1-56 Scheme for the Identification of Piping Systems,
IBR approved for Secs. 1910.253(d)(4)(ii); 1910.261(a)(3)(iii);
1910.262(c)(7).
(7) ANSI A14.1-68 Safety Code for Portable Wood Ladders,
Supplemented by ANSI A14.1a-77, IBR approved for Sec. 1910.261
(a)(3)(iv) and (c)(3)(i).
(8) ANSI A14.2-56 Safety Code for Portable Metal Ladders,
Supplemented by ANSI A14.2a-77, IBR approved for Sec. 1910.261
(a)(3)(v) and (c)(3)(i).
(9) ANSI A14.3-56 Safety Code for Fixed Ladders, IBR approved for
Secs. 1910.68(b) (4) and (12); 1910.179(c)(2); and 1910.261 (a)(3)(vi)
and (c)(3)(i).
(10) ANSI A17.1-65 Safety Code for Elevators, Dumbwaiters and
Moving Walks, Including Supplements, A17.1a (1967); A17.1b (1968);
A17.1c (1969); A17.1d (1970), IBR approved for Sec. 1910.261
(a)(3)(vii), (g)(11)(i), and (l)(4).
(11) ANSI A17.2-60 Practice for the Inspection of Elevators,
Including Supplements, A17.2a (1965), A17.2b (1967), IBR approved for
Sec. 1910.261(a)(3)(viii).
(12) ANSI A90.1-69 Safety Standard for Manlifts, IBR approved for
Sec. 1910.68(b)(3).
(13) ANSI A92.2-69 Standard for Vehicle Mounted Elevating and
Rotating Work Platforms, IBR approved for Sec. 1910.67 (b)(1), (2),
(c)(3), and (4) and 1910.268(s)(1)(v).
(14) ANSI A120.1-70 Safety Code for Powered Platforms for Exterior
Building Maintenance, IBR approved for Sec. 1910.66 App. D (b) through
(d).
(15) ANSI B7.1-70 Safety Code for the Use, Care and Protection of
Abrasive Wheels, IBR approved for Secs. 1910.94(b)(5)(i)(a);
1910.215(b)(12); and 1910.218(j)(5).
(16) ANSI B15.1-53 (R 58) Safety Code for Mechanical Power
Transmission Apparatus, IBR approved for Secs. 1910.68(b)(4) and
1910.261 (a)(3)(ix), (b)(1), (e)(3), (e)(9), (f)(4), (j)(5)(iv),
(k)(12), and (l)(3).
(17) ANSI B20.1-57 Safety Code for Conveyors, Cableways, and
Related Equipment, IBR approved for Secs. 1910.218(j)(3); 1910.261
(a)(3)(x), (b)(1), (c)(15)(iv), (f)(4), and (j)(2); 1910.265(c)(18)(i).
(18) ANSI B30.2-43 (R 52) Safety Code for Cranes, Derricks, and
Hoists, IBR approved for Sec. 1910.261 (a)(3)(xi), (c)(2)(vi), and
(c)(8) (i) and (iv).
(19) ANSI B30.2.0-67 Safety Code for Overhead and Gantry Cranes,
IBR approved for Secs. 1910.179(b)(2); 1910.261 (a)(3)(xii), (c)(2)(v),
and (c)(8) (i) and (iv).
(20) ANSI B30.5-68 Safety Code for Crawler, Locomotive, and Truck
Cranes, IBR approved for Secs. 1910.180(b)(2) and 1910.261(a)(3)(xiii).
(21) ANSI B30.6-69 Safety Code for Derricks, IBR approved for
Secs. 1910.181(b)(2) and 1910.268(j)(4)(iv) (E) and (H).
(22) ANSI B31.1-55 Code for Pressure Piping, IBR approved for
Sec. 1910.261(g)(18)(iii).
(23) ANSI B31.1-67, IBR approved for Sec. 1910.253(d)(1)(i)(A)
(24) ANSI B31.1a-63 Addenda to ANSI B31.1 (1955), IBR approved for
Sec. 1910.261(g)(18)(iii).
(25) ANSI B31.1-67 and Addenda B31.1 (1969) Code for Pressure
Piping, IBR approved for Secs. 1910.103(b)(1)(iii)(b);
1910.104(b)(5)(ii); 1910.218 (d)(4) and (e)(1)(iv); and 1910.261
(a)(3)(xiv) and (g)(18)(iii).
(26) ANSI B31.2-68 Fuel Gas Piping, IBR approved for
Sec. 1910.261(g)(18)(iii).
(27) ANSI B31.3-66 Petroleum Refinery Piping, IBR approved for
Sec. 1910.103(b)(3)(v)(b).
(28) ANSI B31.5-66 Addenda B31.5a (1968) Refrigeration Piping, IB
approved for Secs. 1910.103(b)(3)(v)(b) and 1910.111(b)(7)(iii).
(29) ANSI B56.1-69 Safety Standard for Powered Industrial Trucks,
IBR approved for Secs. 1910.178(a) (2) and (3) and 1910.261 (a)(3)(xv),
(b)(6), (m)(2), and (m)(5)(iii).
[[Page 9232]]
(30) ANSI B57.1-65 Compressed Gas Cylinder Valve Outlet and Inlet
Connections, IBR approved for Sec. 1910.253(b)(1)(iii).
(31) ANSI B71.1-68 Safety Specifications for Power Lawn Mowers, IBR
approved for Sec. 1910.243(e)(1)(i).
(32) ANSI B175.1-1991, Safety Requirements for Gasoline-Powered
Chain Saws 1910.266(e)(2)(i).
(33) ANSI C1-71 National Electrical Code, IBR approved for
Sec. 1910.66 Appendix D (c)(22) (i) and (vii).
(34) ANSI C33.2-56 Safety Standard for Transformer-Type Arc Welding
Machines, IBR approved for Sec. 1910.254(b)(1).
(35) ANSI D8.1-67 Practices for Railroad Highway Grade Crossing
Protection, IBR approved for Sec. 1910.265(c)(31)(i).
(36) ANSI H23.1-70 Seamless Copper Water Tube Specification, IBR
approved for Sec. 1910.110(b) (8)(ii) and (13)(ii)(b)(1).
(37) ANSI H38.7-69 Specification for Aluminum Alloy Seamless Pipe
and Seamless Extruded Tube, IBR approved for Sec. 1910.110(b)(8)(i).
(38) ANSI J6.4-71 Standard Specification for Rubber Insulating
Blankets, IBR approved for Sec. 1910.268 (f)(1) and (n)(11)(v).
(39) ANSI J6.6-71 Standard Specification for Rubber Insulating
Gloves, IBR approved for Sec. 1910.268 (f)(1) and (n)(11)(iv).
(40) ANSI K13.1-67 Identification of Gas Mask Canisters, IBR
approved for Sec. 1910.261 (a)(3)(xvi) and (h)(2)(iii).
(41) ANSI K61.1-60 Safety Requirements for the Storage and Handling
of Anhydrous Ammonia, IBR approved for Sec. 1910.111(b)(11)(i).
(42) ANSI K61.1-66 Safety Requirements for the Storage and Handling
of Anhydrous Ammonia, IBR approved for Sec. 1910.111(b)(11)(i).
(43) ANSI O1.1-54 (R 61) Safety Code for Woodworking Machinery, IBR
approved for Sec. 1910.261 (a)(3)(xvii), (e)(7), and (i)(2).
(44) ANSI S1.4-71 (R 76) Specification for Sound Level Meters, IBR
approved for Sec. 1910.95 Appendixes D and I.
(45) ANSI S1.11-71 (R 76) Specification for Octave, Half-Octave and
Third-Octave Band Filter Sets, IBR approved for Sec. 1910.95 Appendix
D.
(46) ANSI S3.6-69 Specifications for Audiometers, IBR approved for
Sec. 1910.95(h)(2) and (5)(ii) and Appendix D.
(47) ANSI Z4.1-68 Requirements for Sanitation in Places of
Employment, IBR approved for Sec. 1910.261 (a)(3)(xviii) and
(g)(15)(vi).
(48) ANSI Z4.2-42 Standard Specifications for Drinking Fountains,
IBR approved for Sec. 1910.142(c)(4).
(49) ANSI Z9.1-51 Safety Code for Ventilation and Operation of Open
Surface Tanks, IBR approved for Secs. 1910.94(c)(5)(iii)(e) and
1910.261 (a)(3)(xix), (g)(18)(v), and (h)(2)(i).
(50) ANSI Z9.2-60 Fundamentals Governing the Design and Operation
of Local Exhaust Systems, IBR approved for Secs. 1910.94 (a)(4)(i)
introductory text, (a)(6) introductory text, (b)(3)(ix), (b)(4) (i) and
(ii), (c)(3)(i) introductory text, (c)(5)(iii)(b), (c)(7)(iv)(a),
(d)(1)(ii), (d)(3), (d)(7)(iv), (d)(8)(i); 1910.261 (a)(3)(xx), (g)(1)
(i) and (iii), and (h)(2)(ii).
(51) ANSI Z12.12-68 Standard for the Prevention of Sulfur Fires and
Explosions, IBR approved for Sec. 1910.261 (a)(3)(xxi), (d)(1)(i),
(f)(2)(iv), and (g)(1)(i).
(52) ANSI Z12.20-62 (R 69) Code for the Prevention of Dust
Explosions in Woodworking and Wood Flour Manufacturing Plants, IBR
approved for Sec. 1910.265(c)(20)(i).
(53) ANSI Z21.30-64 Requirements for Gas Appliances and Gas Piping
Installations, IBR approved for Sec. 1910.265(c)(15).
(54) ANSI Z24.22-57 Method of Measurement of Real-Ear Attenuation
of Ear Protectors at Threshold, IBR approved for
Sec. 1910.261(a)(3)(xxii).
(55) ANSI Z33.1-61 Installation of Blower and Exhaust Systems for
Dust, Stock, and Vapor Removal or Conveying, IBR approved for
Secs. 1910.94(a)(4)(i); 1910.261 (a)(3)(xxiii) and (f)(5); and
1910.265(c)(20)(i).
(56) ANSI Z33.1-66 Installation of Blower and Exhaust Systems for
Dust, Stock, and Vapor Removal or Conveying, IBR approved for
Sec. 1910.94(a)(2)(ii).
(57) ANSI Z35.1-68 Specifications for Accident Prevention Signs,
IBR approved for Sec. 1910.261 (a)(3)(xxiv) and (c)(16).
(58) ANSI Z41.1-67 Men's Safety Toe Footwear, IBR approved for
Secs. 1910.94(a)(5)(v); 1910.136(b)(2) and 1910.261(i)(4).
(59) ANSI Z41-91, Personal Protection-Protective Footwear, IBR
approved for Sec. 1910.136(b)(1).
(60) ANSI Z48.1-54 Method for Marking Portable Compressed Gas
Containers to Identify the Material Contained, IBR approved for
Secs. 1910.103(b)(1)(i)(c); 1910.110(b)(5)(iii); and
1910.253(b)(1)(ii).
(61) ANSI Z48.1-54 (R 70) Method for Marking Portable Compressed
Gas Containers To Identify the Material Contained, IBR approved for
Secs. 1910.111(e)(1) and 1910.134(d)(4).
(62) ANSI Z49.1-67 Safety in Welding and Cutting, IBR approved for
Sec. 1910.252(c)(1)(iv) (A) and (B).
(63) ANSI Z53.1-67 Safety Color Code for Marking Physical Hazards
and the Identification of Certain Equipment, IBR approved for
Secs. 1910.97(a)(3)(ii); 1910.145(d) (2), (4), and (6).
(64) ANSI Z54.1-63 Safety Standard for Non-Medical X-Ray and Sealed
Gamma Ray Sources, IBR approved for Sec. 1910.252(d) (1)(vii) and
(2)(ii).
(65) ANSI Z87.1-68 Practice of Occupational and Educational Eye and
Face Protection, IBR approved for Secs. 1910.133(b)(2);
1910.252(b)(2)(ii)(I); and 1910.261 (a)(3)(xxv), (d)(1)(ii), (f)(5),
(g)(10), (g)(15)(v), (g)(18)(ii), and (i)(4).
(66) ANSI Z87.1-89, Practice for Occupational and Educational Eye
and Face Protection, IBR approved for Sec. 1910.133(b)(1).
(67) ANSI Z88.2-69 Practices for Respiratory Protection, IBR
approved for Secs. 1910.94(c)(6)(iii)(a); 1910.134(c); and 1910.261
(a)(3)(xxvi), (b)(2), (f)(5), (g)(15)(v), (h)(2) (iii) and (iv), and
(i)(4).
(68) ANSI Z89.1-69 Safety Requirements for Industrial Head
Protection, IBR approved for Secs. 1910.135(b)(2); and 1910.261
(a)(3)(xxvii), (b)(2), (g)(15)(v), and (i)(4).
(69) ANSI Z89.1-86, Protective Headwear for Industrial Workers
Requirements, IBR approved for Sec. 1910.135(b)(1).
(70) ANSI Z89.2-71 Safety Requirements for Industrial Protective
Helmets for Electrical Workers, Class B, IBR approved for
Sec. 1910.268(i)(1).
(f) The following material is available for purchase from the
American Petroleum Institute (API), 1220 L Street NW, Washington DC
20005:
(1) API 12A (Sept. 1951) Specification for Oil Storage Tanks With
Riveted Shells, 7th Ed., IBR approved for Sec. 1910.106(b)(1)(i)(a)(2).
(2) API 12B (May 1958) Specification for Bolted Production Tanks,
11th Ed., With Supplement No. 1, Mar. 1962, IBR approved for
Sec. 1910.106(b)(1)(i)(a)(3).
(3) API 12D (Aug. 1957) Specification for Large Welded Production
Tanks, 7th Ed., IBR approved for Sec. 1910.106(b)(1)(i)(a)(3).
(4) API 12F (Mar. 1961) Specification for Small Welded Production
Tanks, 5th Ed., IBR approved for Sec. 1910.106(b)(1)(i)(a)(3).
(5) API 620, Fourth Ed. (1970) Including Appendix R, Recommended
Rules for Design and Construction of Large Welded Low Pressure Storage
Tanks, IBR approved for Secs. 1910.103(c)(1)(i)(a);
1910.106(b)(1)(iv)(b)(1); and 1910.111(d)(1) (ii) and (iii).
(6) API 650 (1966) Welded Steel Tanks for Oil Storage, 3rd Ed., IBR
approved for Sec. 1910.106(b)(1)(iii)(a)(2).
[[Page 9233]]
(7) API 1104 (1968) Standard for Welding Pipelines and Related
Facilities, IBR approved for Sec. 1910.252(d)(1)(v).
(8) API 2000 (1968) Venting Atmospheric and Low Pressure Storage
Tanks, IBR approved for Sec. 1910.106(b)(2)(iv)(b)(1).
(9) API 2201 (1963) Welding or Hot Tapping on Equipment Containing
Flammables, IBR approved for Sec. 1910.252(d)(1)(vi).
(g) The following material is available for purchase from the
American Society of Mechanical Engineers (ASME), United Engineering
Center, 345 East 47th Street, New York, NY 10017:
(1) ASME Boiler and Pressure Vessel Code, Sec. VIII, 1949, 1950,
1952, 1956, 1959, and 1962 Ed., IBR approved for Secs. 1910.110
(b)(10)(iii) (Table H-26), (d)(2) (Table H-31); (e)(3)(i) (Table H-32),
(h)(2) (Table H-34); and 1910.111(b)(2)(vi);
(2) ASME Code for Pressure Vessels, 1968 Ed., IBR approved for
Secs. 1910.106(i)(3)(i); 1910.110(g)(2)(iii)(b)(2); and
1910.217(b)(12);
(3) ASME Boiler and Pressure Vessel Code, Sec. VIII, 1968, IBR
approved for Secs. 1910.103; 1910.104(b)(4)(ii); 1910.106
(b)(1)(iv)(b)(2) and (i)(3)(ii); 1910.107; 1910.110(b)(11) (i)(b) and
(iii)(a)(1); 1910.111(b)(2) (i), (ii), and (iv); and 1910.169(a)(2) (i)
and (ii);
(4) ASME Boiler and Pressure Vessel Code, Sec. VIII, Paragraph UG-
84, 1968, IBR approved for Sec. 1910.104 (b)(4)(ii) and (b)(5)(iii);
(5) ASME Boiler and Pressure Vessel Code, Sec. VIII, Unfired
Pressure Vessels, Including Addenda (1969), IBR approved for
Secs. 1910.261; 1910.262; 1910.263(i)(24)(ii);
(6) Code for Unfired Pressure Vessels for Petroleum Liquids and
Gases of the API and the ASME, 1951 Ed., IBR approved for
Sec. 1910.110(b)(3)(iii); and
(7) ASME B56.6-1992 (with addenda), Safety Standard for Rough
Terrain Forklift Trucks, IBR approved for Sec. 1910.266(f)(4).
(h) The following material is available for purchase from the
American Society for Testing and Materials (ASTM), 1916 Race Street,
Philadelphia, PA 19103:
(1) ASTM A 47-68 Malleable Iron Castings, IBR approved for
Sec. 1910.111(b)(7)(vi).
(2) ASTM A 53-69 Welded and Seamless Steel Pipe, IBR approved for
Secs. 1910.110(b)(8)(i) (a) and (b) and 1910.111(b)(7)(iv).
(3) ASTM A 126-66 Gray Iron Casting for Valves, Flanges and Pipe
Fitting, IBR approved for Sec. 1910.111(b)(7)(vi).
(4) ASTM A 391-65 (ANSI G61.1-1968) Alloy Steel Chain, IBR approved
for Sec. 1910.184(e)(4).
(5) ASTM A 395-68 Ductile Iron for Use at Elevated Temperatures,
IBR approved for Sec. 1910.111(b)(7)(vi).
(6) ASTM B 88-69 Seamless Copper Water Tube, IBR approved for
Sec. 1910.110(b) (8)(i)(a) and (13)(ii)(b)(1).
(7) ASTM B 88-66A Seamless Copper Water Tube, IBR approved for
Sec. 1910.252(d)(1)(i)(A)(2).
(8) ASTM B 117-64 Salt Spray (Fog) Test, IBR approved for
Sec. 1910.268(g)(2)(i)(A).
(9) ASTM B 210-68 Aluminum-Alloy Drawn Seamless Tubes, IBR approved
for Sec. 1910.110(b)(8)(ii).
(10) ASTM B 241-69, IBR approved for Sec. 1910.110(b)(8)(i)
introductory text.
(11) ASTM D 5-65 Test for Penetration by Bituminous Materials, IBR
approved for Sec. 1910.106(a)(17).
(12) ASTM D 56-70 Test for Flash Point by Tag Closed Tester, IBR
approved for Sec. 1910.106(a)(14)(i).
(13) ASTM D 86-62 Test for Distillation of Petroleum Products, IBR
approved for Secs. 1910.106(a)(5) and 1910.119(b) ``Boiling point.''
(14) ASTM D 88-56 Test for Saybolt Viscosity, IBR approved for
Sec. 1910.106(a)(37).
(15) ASTM D 93-71 Test for Flash Point by Pensky Martens, IBR
approved for Sec. 1910.106(a)(14)(ii).
(16) ASTM D 323-68, IBR approved for Sec. 1910.106(a)(30)
(17) ASTM D 445-65 Test for Viscosity of Transparent and Opaque
Liquids, IBR approved for Sec. 1910.106(a)(37).
(18) ASTM D 1692-68 Test for Flammability of Plastic Sheeting and
Cellular Plastics, IBR approved for Sec. 1910.103(c)(1)(v)(d).
(19) ASTM D 2161-66 Conversion Tables For SUS, IBR approved for
Sec. 1910.106(a)(37).
(i) The following material is available for purchase from the
American Welding Society (AWS), 550 NW, LeJeune Road, P.O. Box 351040,
Miami FL 33135:
(1) AWS A3.0 (1969) Terms and Definitions, IBR approved for
Sec. 1910.251(c).
(2) AWS A6.1 (1966) Recommended Safe Practices for Gas Shielded Arc
Welding, IBR approved for Sec. 1910.254(d)(1).
(3) AWS B3.0-41 Standard Qualification Procedure, IBR approved for
Sec. 1910.67(c)(5)(i).
(4) AWS D1.0-1966 Code for Welding in Building Construction, IBR
approved for Sec. 1910.27(b)(6).
(5) AWS D2.0-69 Specifications for Welding Highway and Railway
Bridges, IBR approved for Sec. 1910.67(c)(5)(iv).
(6) AWS D8.4-61 Recommended Practices for Automotive Welding
Design, IBR approved for Sec. 1910.67(c)(5)(ii).
(7) AWS D10.9-69 Standard Qualification of Welding Procedures and
Welders for Piping and Tubing, IBR approved for
Sec. 1910.67(c)(5)(iii).
(j) The following material is available for purchase from the
Department of Commerce:
(1) Commercial Standard, CS 202-56 (1961) ``Industrial Lifts and
Hinged Loading Ramps,'' IBR approved for Sec. 1910.30(a)(3).
(2) Publication ``Model Performance Criteria for Structural Fire
Fighters' Helmets,'' IBR approved for Sec. 1910.156(e)(5)(i).
(k) The following material is available for purchase from the
Compressed Gas Association (CGA), 1235 Jefferson Davis Highway,
Arlington, VA 22202:
(1) CGA C-6 (1968) Standards for Visual Inspection of Compressed
Gas Cylinders, IBR approved for Sec. 1910.101(a).
(2) CGA C-8 (1962) Standard for Requalification of ICC-3HT
Cylinders, IBR approved for Sec. 1910.101(a).
(3) CGA G-1 (1966) Acetylene, IBR approved for Sec. 1910.102(a).
(4) CGA G-1.3 (1959) Acetylene Transmission for Chemical Synthesis,
IBR approved for Sec. 1910.102(b).
(5) CGA G-1.4 (1966) Standard for Acetylene Cylinder Charging
Plants, IBR approved for Sec. 1910.102(b).
(6) CGA G-7.1 (1966) Commodity Specification, IBR approved for
Sec. 1910.134(d)(1).
(7) CGA G-8.1 (1964) Standard for the Installation of Nitrous Oxide
Systems at Consumer Sites, IBR approved for Sec. 1910.105.
(8) CGA P-1 (1965) Safe Handling of Compressed Gases, IBR approved
for Sec. 1910.101(b).
(9) CGA P-3 (1963) Specifications, Properties, and Recommendations
for Packaging, Transportation, Storage and Use of Ammonium Nitrate, IBR
approved for Sec. 1910.109(i)(1)(ii)(b).
(10) CGA S-1.1 (1963) and 1965 Addenda. Safety Release Device
Standards--Cylinders for Compressed Gases, IBR approved for
Secs. 1910.101(c); 1910.103(c)(1)(iv)(a)(2).
(11) CGA S-1.2 (1963) Safety Release Device Standards, Cargo and
Portable Tanks for Compressed Gases, IBR approved for
Secs. 1910.101(c); 1910.103(c)(1)(iv)(a)(2).
(12) CGA S-1.3 (1959) Safety Release Device Standards-Compressed
Gas Storage Containers, IBR approved for
Secs. 1910.103(c)(1)(iv)(a)(2); 1910.104(b)(6)(iii); and
1910.111(d)(4)(ii)(b).
[[Page 9234]]
(13) CGA 1957 Standard Hose Connection Standard, IBR approved for
Sec. 1910.253(e) (4)(v) and (5)(iii).
(14) CGA and RMA (Rubber Manufacturer's Association) Specification
for Rubber Welding Hose (1958), IBR approved for
Sec. 1910.253(e)(5)(i).
(15) CGA 1958 Regulator Connection Standard, IBR approved for
Sec. 1910.253(e) (4)(iv) and (6).
(l) The following material is available for purchase from the Crane
Manufacturer's Association of America, Inc. (CMAA), 1 Thomas Circle NW,
Washington DC 20005:
(1) CMAA Specification 1B61, Specifications for Electric Overhead
Traveling Cranes, IBR approved for Sec. 1910.179(b)(6)(i).
(2) [Reserved].
(m) The following material is available for purchase from the
General Services Administration:
(1) GSA Pub. GG-B-0067b, Air Compressed for Breathing Purposes, or
Interim Federal Specifications, Apr. 1965, IBR approved for
Sec. 1910.134(d)(4).
(2) [Reserved]
(n) The following material is available for purchase from the
Department of Health and Human Services:
(1) Publication No. 76-120 (1975), List of Personal Hearing
Protectors and Attenuation Data, IBR approved for Sec. 1910.95 App. B.
(2) [Reserved]
(o) The following material is available for purchase from the
Institute of Makers of Explosives (IME), 420 Lexington Avenue, New
York, NY 10017:
(1) IME Pamphlet No. 17, 1960, Safety in the Handling and Use of
Explosives, IBR approved for Secs. 1910.261 (a)(4)(iii) and
(c)(14)(ii).
(2) [Reserved]
(p) The following material is available for purchase from the
National Electrical Manufacturer's Association (NEMA):
(1) NEMA EW-1 (1962) Requirements for Electric Arc Welding
Apparatus, IBR approved for Secs. 1910.254(b)(1).
(2) [Reserved]
(q) The following material is available for purchase from the
National Fire Protection Association (NFPA), Batterymarch Park, Quincy,
MA 02269:
(1) NFPA 30 (1969) Flammable and Combustible Liquids Code, IBR
approved for Sec. 1910.178(f)(1).
(2) NFPA 32-1970 Standard for Dry Cleaning Plants, IBR approved for
Sec. 1910.106(j)(6)(i).
(3) NFPA 33-1969 Standard for Spray Finishing Using Flammable and
Combustible Material, IBR approved for Secs. 1910.94(c) (1)(ii), (2),
(3) (i) and (iii), and (5).
(4) NFPA 34-1966 Standard for Dip Tanks Containing Flammable or
Combustible Liquids, IBR approved for Sec. 1910.94(d)(2)(iv).
(5) NFPA 35-1970 Standard for the Manufacture of Organic Coatings,
IBR approved for Sec. 1910.106(j)(6)(ii).
(6) NFPA 36-1967 Standard for Solvent Extraction Plants, IBR
approved for Sec. 1910.106(j)(6)(iii).
(7) NFPA 37-1970 Standard for the Installation and Use of
Stationary Combustion Engines and Gas Turbines, IBR approved for
Secs. 1910.106(j)(6)(iv) and 1910.110 (b)(20)(iv)(c) and (e)(11).
(8) NFPA 51B-1962 Standard for Fire Protection in Use of Cutting
and Welding Processes, IBR approved for Sec. 1910.252(a)(1)
introductory text.
(9) NFPA 54-1969 Standard for the Installation of Gas Appliances
and Gas Piping, IBR approved for Sec. 1910.110(b)(20)(iv)(a).
(10) NFPA 54A-1969 Standard for the Installation of Gas Piping and
Gas Equipment on Industrial Premises and Certain Other Premises, IBR
approved for Sec. 1910.110(b)(20)(iv)(b).
(11) NFPA 58-1969 Standard for the Storage and Handling of
Liquefied Petroleum Gases (ANSI Z106.1-1970), IBR approved for
Secs. 1910.110 (b)(3)(iv) and (i)(3) (i) and (ii); and 1910.178(f)(2).
(12) NFPA 59-1968 Standard for the Storage and Handling of
Liquefied Petroleum Gases at Utility Gas Plants, IBR approved for
Secs. 1910.110 (b)(3)(iv) and (i)(2)(iv).
(13) NFPA 62-1967 Standard for the Prevention of Dust Explosions in
the Production, Packaging, and Handling of Pulverized Sugar and Cocoa,
IBR approved for Sec. 1910.263(k)(2)(i).
(14) NFPA 68-1954 Guide for Explosion Venting, IBR approved for
Sec. 1910.94(a)(2)(iii).
(15) NFPA 70-1971 National Electrical Code, IBR approved for
Sec. 1910.66 App. D(c)(2).
(16) NFPA 78-1968 Lightning Protection Code, IBR approved for
Sec. 1910.109(i)(6)(ii).
(17) NFPA 80-1968 Standard for Fire Doors and Windows, IBR approved
for Sec. 1910.106(d)(4)(i).
(18) NFPA 80-1970 Standard for the Installation of Fire Doors and
Windows, IBR approved for Sec. 1910.253(f)(6)(i)(I).
(19) NFPA 86A-1969 Standard for Oven and Furnaces Design, Location
and Equipment, IBR approved for Secs. 1910.107 (j)(1) and (l)(3) and
1910.108 (b)(2) and (d)(2).
(20) NFPA 91-1961 Standard for the Installation of Blower and
Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying (ANSI
Z33.1-61), IBR approved for Sec. 1910.107(d)(1).
(21) NFPA 91-1969 Standards for Blower and Exhaust Systems, IBR
approved for Sec. 1910.108(b)(1).
(22) NFPA 96-1970 Standard for the Installation of Equipment for
the Removal of Smoke and Grease Laden Vapors from Commercial Cooking
Equipment, IBR approved for Sec. 1910.110(b)(20)(iv)(d).
(23) NFPA 101-1970 Code for Life Safety From Fire in Buildings and
Structures, IBR approved for Sec. 1910.261(a)(4)(ii).
(24) NFPA 203M-1970 Manual on Roof Coverings, IBR approved for
Sec. 1910.109(i)(1)(iii)(c).
(25) NFPA 251-1969 Standard Methods of Fire Tests of Building
Construction and Materials, IBR approved for Secs. 1910.106 (d)(3)(ii)
introductory text and (d)(4)(i).
(26) NFPA 302-1968 Fire Protection Standard for Motor-Craft
(Pleasure and Commercial), IBR approved for Sec. 1910.265(d)(2)(iv)
introductory text.
(27) NFPA 385-1966 Recommended Regulatory Standard for Tank
Vehicles for Flammable and Combustible Liquids, IBR approved for
Sec. 1910.106(g)(1)(i)(e)(1).
(28) NFPA 496-1967 Standard for Purged Enclosures for Electrical
Equipment in Hazardous Locations, IBR approved for
Sec. 1910.103(c)(1)(ix)(e)(1).
(29) NFPA 505-1969 Standard for Type Designations, Areas of Use,
Maintenence, and Operation of Powered Industrial Trucks, IBR approved
for Sec. 1910.110(e)(2)(iv).
(30) NFPA 566-1965 Standard for the Installation of Bulk Oxygen
Systems at Consumer Sites, IBR approved for Secs. 1910.253 (b)(4)(iv)
and (c)(2)(v).
(31) NFPA 656-1959 Code for the Prevention of Dust Ignition in
Spice Grinding Plants, IBR approved for Sec. 1910.263(k)(2)(i).
(32) NFPA 1971-1975 Protective Clothing for Structural Fire
Fighting, IBR approved for Sec. 1910.156(e)(3)(ii) introductory text.
(r) The following material is available for purchase from the
National Food Plant Institute, 1700 K St. NW., Washington, DC 20006:
(1) Definition and Test Procedures for Ammonium Nitrate Fertilizer
(Nov. 1964), IBR approved for Sec. 1910.109 Table H-22, ftn. 3.
(2) [Reserved]
(s) The following material is available for purchase from the
National Institute for Occupational Safety and Health (NIOSH):
(1) Registry of Toxic Effects of Chemical Substances, 1978, IBR
approved for Sec. 1910.20(c)(13)(i) and Appendix B.
(2) Development of Criteria for Fire Fighters Gloves; Vol. II, Part
II; Test
[[Page 9235]]
Methods, 1976, IBR approved for Sec. 1910.156(e)(4)(i) introductory
text.
(3) NIOSH Recommendations for Occupational Safety and Health
Standards (Sept. 1987), IBR approved for Sec. 1910.120 PEL definition.
(t) The following material is available for purchase from the
Public Health Service:
(1) U.S. Pharmacopeia, IBR approved for Sec. 1910.134(d)(1).
(2) Publication No. 934 (1962), Food Service Sanitation Ordinance
and Code, Part V of the Food Service Sanitation Manual, IBR approved
for Sec. 1910.142(i)(1).
(u) The following material is available for purchase from the
Society of Automotive Engineers (SAE), 485 Lexington Avenue, New York,
NY 10017:
(1) SAE J185, June 1988, Recommended Practice for Access Systems
for Off-Road Machines, IBR approved for Sec. 1910.266(f)(5)(i).
(2) SAE J231, January 1981, Minimum Performance Criteria for
Falling Object Protective Structure (FOPS), IBR approved for
Sec. 1910.266(f)(3)(ii).
(3) SAE J386, June 1985, Operator Restraint Systems for Off-Road
Work Machines, IBR approved for Sec. 1910.266(d)(3)(iv).
(4) SAE J397, April 1988, Deflection Limiting Volume-ROPS/FOPS
Laboratory Evaluation, IBR approved for Sec. 1910.266(f)(3)(iv).
(5) SAE 765 (1961) SAE Recommended Practice: Crane Loading
Stability Test Code, IBR approved for Sec. 1910.180 (c)(1)(iii) and
(e)(2)(iii)(a).
(6) SAE J1040, April 1988, Performance Criteria for Rollover
Protective Structures (ROPS) for Construction, Earthmoving, Forestry
and Mining Machines, IBR approved for Sec. 1910.266(f)(3)(ii).
(v) The following material is available for purchase from the
Fertilizer Institute, 1015 18th Street NW, Washington, DC 20036:
(1) Standard M-1 (1953, 1955, 1957, 1960, 1961, 1963, 1965, 1966,
1967, 1968), Superseded by ANSI K61.1-1972, IBR approved for
Sec. 1910.111(b)(1) (i) and (iii).
(2) [Reserved]
(w) The following material is available for purchase from
Underwriters Laboratories (UL), 207 East Ohio Street, Chicago, IL
60611:
(1) UL 58-61 Steel Underground Tanks for Flammable and Combustible
Liquids, 5th Ed., IBR approved for Sec. 1910.106(b)(1)(iii)(a)(1).
(2) UL 80-63 Steel Inside Tanks for Oil-Burner Fuel, IBR approved
for Sec. 1910.106(b)(1)(iii)(a)(1).
(3) UL 142-68 Steel Above Ground Tanks for Flammable and
Combustible Liquids, IBR approved for Sec. 1910.106(b)(1)(iii)(a)(1).
Subpart B--Adoption and Extension of Established Federal Standards
3. The authority citation for subpart B is revised to read as
follows:
Authority: Secs. 4, 6 and 8 of the Occupational Safety and
Health Act, 29 U.S.C. 653, 655, 657; Walsh-Healey Act, 41 U.S.C. 35
et seq; Service Contract Act of 1965, 41 U.S.C. 351 et seq; sec.
107, Contract Work Hours and Safety Standards Act (Construction
Safety Act), 40 U.S.C. 333; sec. 41, Longshore and Harbor Workers'
Compensation Act, 33 U.S.C. 941; National Foundation of Arts and
Humanities Act, 20 U.S.C. 951 et seq.; Secretary of Labor's Order
No. 12-71 (36 FR 8754); 8-76 (41 FR 25059), 9-83 (48 FR 35736), or
1-90 (55 FR 9033), as applicable; and 29 CFR part 1911.
Sec. 1910.17 [Amended]
4. In Sec. 1910.17, paragraphs (a) and (b) are removed and reserved
and in paragraph (c), the phrase ``Except as provided in paragraph (b)
of this section, except'' which appears at the beginning of the
paragraph, is removed and the word ``Except'' is added in its place.
Subpart C--General Safety and Health Provisions
5. The authority citation for subpart C continues to read as
follows:
Authority: Sec. 8 of the Occupational Safety and Health Act, 29
U.S.C. 657; Secretary of Labor's Order No. 9-83 (48 FR 35736); and
29 CFR part 1911.
Sec. 1910.20 [Amended]
6. In the first sentence of Sec. 1910.20(c)(13)(i), the word
``least'' is revised to read ``latest'' and the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6'' is added after
the words ``Substances (RTECS)''.
Subpart D--Walking-Working Surfaces
7. The authority citation for subpart D is revised to read as
follows:
Authority: Secs. 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), or 1-90 (55 FR 9033), as applicable; and 29 CFR part
1911.
Sec. 1910.30 [Amended]
8. In Sec. 1910.30(a)(3), the phrase ``, which is incorporated by
reference as specified in Sec. 1910.6'' is added after the words
``Department of Commerce'' at the end of the paragraph.
Sec. 1910.31 [Removed]
9. Section 1910.31 is removed.
Sec. 1910.32 [Removed]
10. Section 1910.32 is removed.
Subpart E--Means of Egress
11. The authority citation for subpart E continues to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (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), or 1-90 (55 FR 9033), as applicable.
Sec. 1910.39 [Removed]
12. Section 1910.39 is removed.
Sec. 1910.40 [Removed]
13. Section 1910.40 is removed.
Subpart F--Powered Platforms, Manlifts, and Vehicle-Mounted Work
Platforms
14. The authority citation for subpart F is revised to read as
follows:
Authority: Secs. 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), or 1-90 (55 FR 9033), as applicable; and 29 CFR part
1911.
Sec. 1910.66 [Amended]
15. Paragraph (k) of Sec. 1910.66 is removed.
Sec. 1910.67 [Amended]
16. In the introductory text to Sec. 1910.67(b)(1), at the end of
the first sentence, after the words ``including appendix,'' the phrase
``, which is incorporated by reference as specified in Sec. 1910.6'' is
added.
17. In the introductory text to Sec. 1910.67(c)(5), after the words
``Society (AWS) Standards'' the phrase ``which are incorporated by
reference as specified in Sec. 1910.6,'' is added.
Sec. 1910.68 [Amended]
18. In Sec. 1910.68(b)(3), after the designation ``A90.1-1969,''
the phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added.
19. In Sec. 1910.68(b)(4), the following new final sentence is
added: ``The preceding ANSI standards are incorporated by reference as
specified in Sec. 1910.6.''
20. In Sec. 1910.68(c)(7)(ii)(b), the phrase ``subdivision (a) of
the subdivision'' is changed to read ``paragraph (c)(7)(ii)(a) of this
section''.
21. The parenthetical note entitled ``Source'' that appears at the
end of the section is removed.
Sec. 1910.69 [Removed]
22. Section 1910.69 is removed.
[[Page 9236]]
Sec. 1910.70 [Removed]
23. Section 1910.70 is removed.
Subpart G--Occupational Health and Environmental Controls
24. The authority citation for subpart G is revised to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (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), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.
Sec. 1910.94 [Amended]
25. In Sec. 1910.94(a)(2)(iii), following the designation ``(NFPA
91-1961)'' that appears near the end of the second sentence, the phrase
``, which is incorporated by reference as specified in Sec. 1910.6'' is
added and the words ``Guide. NFPA 68-1954'' that appear at the end of
the paragraph are revised to read ``Guide, NFPA 68-1954, which is
incorporated by reference as specified in Sec. 1910.6''.
26. At the end of the introductory text to Sec. 1910.94(a)(4)(i),
following the designation ``ANSI Z33.1-1961,'' the phrase ``, which are
incorporated by reference as specified in Sec. 1910.6'' is added.
27. In Sec. 1910.94(a)(5)(v)(a), following the designation ``Z41.1-
1967'' that appears at the end of the paragraph, the phrase ``, which
is incorporated by reference as specified in Sec. 1910.6'' is added.
28. In Sec. 1910.94(b)(5)(i)(a), following the designation ``B7.1-
1970'' that appears at the end of the paragraph, the phrase ``, which
is incorporated by reference as specified in Sec. 1910.6'' is added.
29. In Sec. 1910.94(c)(1)(ii), following the designation ``NFPA No.
33-1969'' that appears at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
30. In Sec. 1910.94(c)(4)(iii), the phrase ``subparagraph (6)(ii)
of this paragraph'' that appears at the end of the paragraph is changed
to read ``paragraph (c)(6)(ii) of this section.''
31. In Sec. 1910.94(c)(5)(i)(a), the phrase ``subdivision (iii) of
this subparagraph'' is changed to read ``paragraph (c)(5)(iii) of this
section.''
32. In Sec. 1910.94(c)(5)(iii), the bracketed designation
``[Reserved]'' for the introductory text is removed.
33. In Sec. 1910.94(c)(5)(iii)(e), following the designation
``Z9.1-1951'' that appears at the end of the first sentence, the phrase
``, which is incorporated by reference as specified in Sec. 1910.6'' is
added.
34. In the first sentence of Sec. 1910.94(c)(6)(ii), the phrase
``subdivision (i) of this subparagraph'' is revised to read ``paragraph
(c)(6)(i) of this section.''
35. In Sec. 1910.94(c)(6)(iii)(a), following the designation
``Z88.2-1969'' that appears near the end of the paragraph, the phrase
``, which is incorporated by reference as specified in Sec. 1910.6,''
is added.
36. In Sec. 1910.94(c)(7)(iv)(e), the phrase ``paragraph (f) of
this subdivision'' that appears at the end of the paragraph is revised
to read ``paragraph (c)(7)(iv)(f) of this section.''
37. In Sec. 1910.94(d)(2)(iv), following the words ``Fire
Protection Association'' that appear at the end of the second sentence,
the phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added.
38. In Sec. 1910.94(d)(7)(iv), following the words ``Governmental
Industrial Hygienists 1970'' that appear at the end of the first
sentence, the phrase ``, which is incorporated by reference as
specified in Sec. 1910.6'' is added.
Sec. 1910.95 [Amended]
39. In Sec. 1910.95(h)(2), following the designation ``S3.6-1969''
that appears at the end of the paragraph, the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6,'' is added.
40. In Appendix G to Sec. 1910.95, under the heading entitled
``Where Can Equipment AND Technical Advice be Obtained,'' the last
sentence of the second paragraph is removed.
41. In Appendix G to Sec. 1910.95, the table entitled ``OSHA Onsite
Consultation Project Directory'' is removed.
42. In Appendix H to Sec. 1910.95, the telephone number for OSHA's
Technical Data Center that appears near the end of the last paragraph
is revised to read ``(202) 219-7500''.
Sec. 1910.97 [Amended]
43. In Sec. 1910.97(a)(3)(ii), following the designation ``Z53.1-
1953'' that appears near the end of the first sentence, the phrase
``which is incorporated by reference as specified in Sec. 1910.6,'' is
added.
Sec. 1910.99 [Removed]
44. Section 1910.99 is removed.
Sec. 1910.100 [Removed]
45. Section 1910.100 is removed.
Subpart H--Hazardous Materials
46. The authority citation for subpart H is revised to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (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), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.
Sections 1910.103, 1910.106-1910.111, and 1910.119 are also
issued under 29 CFR part 1911.
Section 1910.119 is also issued under sec. 304, Clean Air Act
Amendments of 1990 (Pub. L. 101-549, Nov. 15, 1990, reprinted at 29
U.S.C. 655 Note (Supp. 1991)).
Section 1910.120 is also issued under sec. 126, Superfund
Amendments and Reauthorization Act of 1986 as amended (29 U.S.C. 655
Note), 5 U.S.C. 553, and 29 CFR part 1911.
Sec. 1910.101 [Amended]
47. In Sec. 1910.101(a), following the designation ``C-8-1962''
that appears at the end of the paragraph, the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6'' is added.
48. In Sec. 1910.101(b), following the designation ``P-1-1965''
that appears at the end of the paragraph, the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6'' is added.
49. In Sec. 1910.101(c), following the designation ``S-1.2-1963''
that appears at the end of the paragraph, the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6'' is added.
Sec. 1910.102 [Amended]
50. In Sec. 1910.102(a), following the designation ``G-1-1966''
that appears at the end of the paragraph, the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6'' is added.
51. In Sec. 1910.102(b), following the designation ``G-1.3-1959''
that appears at the end of the paragraph, the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6'' is added.
52. In Sec. 1910.102(c), following the designation ``G-1.4-1966''
that appears at the end of the paragraph, the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6'' is added.
Sec. 1910.103 [Amended]
53. In Sec. 1910.103(b)(1)(i)(a)(1), following the words ``Pressure
Vessels--1968'' that appears at the end of the paragraph, the phrase
``, which is incorporated by reference as specified in Sec. 1910.6'' is
added.
54. In Sec. 1910.103(b)(1)(i)(c), following the designation
``Z48.1-1954'' that appears at the end of the first sentence, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added.
55. In Sec. 1910.103(b)(1)(iii)(b), following the designation
``B31.1-1969'' that appears at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
[[Page 9237]]
56. In Sec. 1910.103(c)(1)(i)(a), following the parenthetical
``(April 1965)'' that appears at the end of the paragraph, the phrase
``, which is incorporated by reference as specified in Sec. 1910.6'' is
added.
57. In Sec. 1910.103(c)(1)(iv)(a)(1), following the phrase ``Gas
Storage Containers'' that appears at the end of the paragraph, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added.
58. In Sec. 1910.103(c)(1)(v)(b), following the words ``as a
guide'' that appear at the end of the paragraph, the phrase ``, which
are incorporated by reference as specified in Sec. 1910.6'' is added.
59. In Sec. 1910.103(c)(1)(v)(d), following the designation ``ASTM
Procedures D1692-68'' that appears near the end of the second sentence,
the phrase ``, which is incorporated by reference as specified in
Sec. 1910.6,'' is added.
Sec. 1910.104 [Amended]
60. In Sec. 1910.104(b)(4)(ii), following the words ``Pressure
Vessels--1968'' that appear at the end of the first sentence, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added.
61. In Sec. 1910.105(b)(5)(ii), following the designation
``B31.10a-1969'' that appears at the end of the paragraph, the phrase
``, which is incorporated by reference as specified in Sec. 1910.6'' is
added.
62. In Sec. 1910.105(b)(6)(iii), following the designation ``S-1,
Part 3'' that appears at the end of the paragraph, the phrase ``, which
is incorporated by reference as specified in Sec. 1910.6'' is added.
Sec. 1910.105 [Amended]
63. In Sec. 1910.105, following the designation ``G-8.1-1964'' that
appears at the end of the section, the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6'' is added.
Sec. 1910.106 [Amended]
64. In Sec. 1910.106(a)(5), following the designation ``ASTM D-86-
62'' that appears near the end of the paragraph, the phrase ``, which
is incorporated by reference as specified in Sec. 1910.6,'' is added.
65. In Sec. 1910.106(a)(14)(i), following the parenthetical
designation ``(ASTM D-56-70)'' that appears near the end of the
paragraph, the phrase ``, which is incorporated by reference as
specified in Sec. 1910.6,'' is added.
66. In Sec. 1910.106(a)(14)(ii), the following new sentence is
added at the end of the paragraph: ``The preceding ASTM standards are
incorporated by reference as specified in Sec. 1910.6.''
67. In Sec. 1910.106(a)(17), following the designation ``D-5-65''
that appears at the end of the first sentence, the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6'' is added.
68. In Sec. 1910.106(a)(30), following the designation ``ASTM D323-
68'' that appears at the end of the paragraph, the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6,'' is added.
69. In Sec. 1910.106(b)(1)(i)(a), the phrase ``(b) through (e) of
this subdivision'' that appears at the end of the paragraph is changed
to read ``paragraphs (b)(1)(i) (b) through (e) of this section''.
70. In Sec. 1910.106(b)(1)(iii)(a), at the end of the introductory
text and preceding the colon, the following phrase is added: ``the
following consensus standards that are incorporated by reference as
specified in Sec. 1910.6''.
71. In Sec. 1910.106(b)(1)(iv)(b), at the end of the introductory
text and preceding the colon, the following phrase is added: ``the
following consensus standards that are incorporated by reference as
specified in Sec. 1910.6''.
72. In Sec. 1910.106(b)(2)(ii)(b), the phrase ``subdivision (c) of
this subdivision'' that appears in the first sentence is changed to
read ``paragraph (b)(2)(ii)(c) of this section''.
73. In Sec. 1910.106(b)(2)(iv)(b)(1), following the words ``Storage
Tanks'' the phrase ``, which is incorporated by reference as specified
in Sec. 1910.6'' is added before the semicolon.
74. In Sec. 1910.106(d)(3)(ii), at the end of the first sentence in
the introductory text, following the designation ``NFPA 251-1969,'' the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6,'' is added.
75. In Sec. 1910.106(d)(4)(i), near the end of the next-to-last
sentence, the phrase ``which is incorporated by reference as specified
in Sec. 1910.6,'' is added following the designation ``NFPA 80-1968''.
76. In Sec. 1910.106(j)(6), at the end of the introductory text,
the following phrase is added immediately preceding the colon: ``that
are incorporated by reference as specified in Sec. 1910.6''.
Sec. 1910.107 [Amended]
77. In Sec. 1910.107(d)(1), the phrase ``, which is incorporated
by reference as specified in Sec. 1910.6'' is added following the
designation ``NFPA 91-1961''.
78. In Sec. 1910.107(e)(5), following the words ``Pressure
Vessels--1968'' that appear at the end of the next-to-last sentence,
the phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added.
79. In Sec. 1910.107(j)(1), the phrase ``, which is incorporated by
reference as specified in Sec. 1910.6'' is added following the
designation ``NFPA 86A-1969''.
Sec. 1910.108 [Amended]
80. In Sec. 1910.108(b)(1), at the end of the second sentence,
following the designation ``(NFPA Pamphlet No. 91-1969),'' the phrase
``, which are incorporated by reference as specified in Sec. 1910.6''
is added.
81. In Sec. 1910.108(b)(2), following the designation ``(NFPA No.
86A-1969)'' that appears at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
Sec. 1910.109 [Amended]
82. In Sec. 1910.109(i)(1)(ii)(b), the address ``1235 Jefferson
Davis Highway, Arlington, VA 22202'' is removed and the phrase ``which
is incorporated by reference as specified in Sec. 1910.6'' is added in
its place.
83. In Sec. 1910.109(i)(2)(iii)(c), following the designation
``NFPA 203M-1970'' that appears at the end of the paragraph, the phrase
``, which is incorporated by reference as specified in Sec. 1910.6'' is
added.
84. In Sec. 1910.109(i)(6)(ii), following the designation ``NFPA
78-1968'' that appears at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
Sec. 1910.110 [Amended]
85. In Sec. 1910.110(b)(3)(i), following the words ``Pressure
Vessel code, 1968 edition'' that appear at the end of the paragraph,
the phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added.
86. In Sec. 1910.110(b)(3)(iii), near the end of the first
sentence, following the words ``Mechanical Engineers,'' the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6,'' is
added.
87. In the introductory text to Sec. 1910.110(b)(5)(i), the phrase
``subparagraph (3)(i) of this paragraph, except as provided in
subparagraph (3)(iv) of this paragraph'' is revised to read ``paragraph
(b)(3)(i) of this section, except as provided in paragraph (b)(3)(iv)
of this section''.
88. In Sec. 1910.110(b)(5)(iii), following the words `` the
Material Contained'' that appear at the end of the paragraph, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added.
[[Page 9238]]
89. In Sec. 1910.110(b)(8)(i), following the designation ``(ASTM,
B241-69)'' that appears in the middle of the second sentence of the
introductory text, the phrase ``, which is incorporated by reference as
specified in Sec. 1910.6'' is added.
90. In Sec. 1910.110(b)(8)(i)(a), following the words ``Flash
Welded Pipe'' that appear near the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6,'' is
added.
91. In Sec. 1910.110(b)(8)(ii), following the designation ``(ASTM
B88-69)'' that appears at the end of the second sentence, the phrase
``, which is incorporated by reference as specified in Sec. 1910.6'' is
added.
92. In Sec. 1910.110(b)(8)(ii), following the designation ``ASTM
B210-68'' that appears in the middle of the third sentence, the
parenthetical phrase ``(which is incorporated by reference as specified
in Sec. 1910.6)'' is added.
93. In Sec. 1910.110(b)(20)(iv), following the words ``with the
following'' that appear at the end of the introductory text, the phrase
``NFPA consensus standards, which are incorporated by reference as
specified in Sec. 1910.6'' is added.
94. In Sec. 1910.110(e)(2)(iv), following the designation ``NFPA
505-1969'' that appears at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
Sec. 1910.111 [Amended]
95. In Sec. 1910.111(b)(1)(i), following the words ``Anhydrous
Ammonia, M-1,'' that appear near the end of the paragraph, the
parenthetical phrase ``(both of which are incorporated by reference as
specified in Sec. 1910.6)'' is added.
96. In Sec. 1910.111(b)(7)(iii), near the end of the paragraph,
following the designation ``addenda B31.1a-1968'' the phrase ``, which
is incorporated by reference as specified in Sec. 1910.6,'' is added.
97. In Sec. 1910.111(b)(7)(iv), near the end of the first sentence,
following the words ``Flash Welded Pipe,'' the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6,'' is added.
98. In Sec. 1910.111(b)(7)(vi), at the end of the paragraph,
following the words ``Class B or C,'' the phrase ``all of which are
incorporated by reference as specified in Sec. 1910.6'' are added.
99. In Sec. 1910.111(d)(1)(ii), following the designations
``R2.2.1, or R2.3'' that appear near the end of the paragraph, the
phrase ``which are incorporated by reference as specified in
Sec. 1910.6'' is added.
100. In Sec. 1910.111(d)(4)(ii)(b), in the middle of the first
sentence, following the words ``Storage Containers, 1959,'' the phrase
``which is incorporated by reference as specified in Sec. 1910.6,'' is
added.
101. In Sec. 1910.111(e)(1), following the designation ``Z48.1-1954
(R1970)'' that appears at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
Sec. 1910.114 [Removed]
102. Section 1910.114 is removed.
Sec. 1910.115 [Removed]
103. Section 1910.115 is removed.
Sec. 1910.116 [Removed]
104. Section 1910.116 is removed.
Sec. 1910.119 [Amended]
105. In Sec. 1910.119(b), in the definition of ``Boiling point,''
following the designation ``ASTM D-86-62'' that appears near the end of
the paragraph, the phrase ``, which is incorporated by referenc
FR Doc. 96-5282 Miscellaneous Minor and Technical Amendments
e as
specified in Sec. 1910.6'' is added.
Sec. 1910.120 [Amended]
106. In Sec. 1910.120(a)(1)(i), the comma at the beginning of the
word ``uncontrolled'' near the middle of the paragraph is removed.
107. In Sec. 1910.120(a)(3), in the definition of ``published
exposure level,'' the words ``dated 1986 incorporated by reference''
that appear near the beginning of the paragraph are revised to read
``dated 1986, which is incorporated by reference as specified in
Sec. 1910.6.'' In addition, the words ``dated 1987 incorporated by
reference'' that appear at the end of the paragraph are revised to read
``dated 1987, which is incorporated by reference as specified in
Sec. 1910.6.''
Subpart I--Personal Protective Equipment
108. The authority citation for subpart I continues to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), or 1-90 (55 FR 9033), as applicable.
Sec. 1910.133 [Amended]
109. In the first sentence of Sec. 1910.133(b)(1), the phrase ``as
specified in Sec. 1910.6'' is added following the words ``incorporated
by reference,'' and the remaining text to the paragraph after the first
sentence is removed.
110. In the first sentence of Sec. 1910.133(b)(2), the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6,'' is
added after the designation ``Z87.1-1968,'' and the remaining text to
the paragraph after the first sentence is removed.
Sec. 1910.135 [Amended]
111. In the first sentence of Sec. 1910.135(b)(1), the phrase ``as
specified in Sec. 1910.6'' is added before the comma that follows the
words ``incorporated by reference,'' and the remaining text to the
paragraph after the first sentence is removed.
112. In the first sentence of Sec. 1910.135(b)(2), the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6,'' is
added after the designation ``Z89.1-1969,'' and the remaining text to
the paragraph after the first sentence is removed.
Sec. 1910.136 [Amended]
113. In the first sentence of Sec. 1910.136(b)(1), the phrase ``as
specified in Sec. 1910.6'' is added before the comma that follows the
words ``incorporated by reference,'' and the remaining text to the
paragraph after the first sentence is removed.
114. In the first sentence of Sec. 1910.136(b)(2), the phrase ``as
specified in Sec. 1910.6,'' is added before the comma that follows the
words ``incorporated by reference,'' and the remaining text to the
paragraph after the first sentence is removed.
Sec. 1910.139 [Removed]
115. Section 1910.139 is removed.
Sec. 1910.140 [Removed]
116. Section 1910.140 is removed.
Subpart J--General Environmental Controls
117. The authority citation for subpart J continues to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), or 1-90 (55 FR 9033), as applicable.
Sections 1910.141, 1910.142, and 1910.145-1910.147 also issued
under 29 CFR part 1911.
Sec. 1910.142 [Amended]
118. In Sec. 1910.142(c)(4), near the end of the paragraph,
following the designation ``Z42-1942,'' the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6.'' is added.
119. In Sec. 1910.142(i)(1), at the end of the paragraph, following
the designation ``Publication 934 (1965)'' the phrase
[[Page 9239]]
``, which is incorporated by reference as specified in Sec. 1910.6'' is
added.
Sec. 1910.144 [Amended]
120. In Sec. 1910.144(a)(1)(ii), at the end of the second sentence,
following the designation ``A10.2-1944,'' the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6.'' is added.
Sec. 1910.145 [Amended]
121. In Sec. 1910.145(a)(2), the phrase ``on and after August 31,
1971,'' is removed.
122. In Sec. 1910.145(d) (2)(i), (4)(i), and (6)(i), the paragraph
designation (i) is removed from each paragraph.
123. In Sec. 1910.145(d)(2), at the end of the paragraph, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6.'' is added following the designation ``Z53.1-1967''.
124. In Sec. 1910.145(d)(10), at the end of the paragraph, the
phrase ``, which are incorporated by reference as specified in
Sec. 1910.6.'' is added following the designation ``(ANSI B114.1-
1971)''.
Sec. 1910.148 [Removed]
125. Section 1910.148 is removed.
Sec. 1910.149 [Removed]
126. Section 1910.149 is removed.
Sec. 1910.150 [Removed]
127. Section 1910.150 is removed.
Subpart K--Medical and First Aid
128. The authority citation for subpart K is revised to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (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), or 1-90 (55 FR 9033), as applicable.
Sec. 1910.153 [Removed]
129. Section 1910.153 is removed.
Subpart L--Fire Protection
130. The authority citation for subpart L continues to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (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), or 1-90 (55 FR 9033), as applicable.
Sec. 1910.156 [Amended]
131. In the introductory text of Sec. 1910.156(e)(3)(ii), near the
end of the paragraph, the phrase ``which is incorporated by reference
as specified in Sec. 1910.6,'' is added following the words ``
`Structural Fire Fighting' ''.
132. In the second sentence of the introductory text to
Sec. 1910.156(e)(4)(i), near the end of the paragraph, the phrase
``which is incorporated by reference as specified in Sec. 1910.6,'' is
added following the words `` `Part II: Test Methods' ''.
133. In Sec. 1910.156(e)(5)(i), following the parenthetical
``(August 1977)'' that appears near the end of the paragraph, the
phrase ``which is incorporated by reference as specified in
Sec. 1910.6,'' is added.
Sec. 1910.157 [Amended]
134. In Sec. 1910.157(c)(5), the phrase ``The employer shall
permanently remove from service by January 1, 1982,'' that appears at
the beginning of the paragraph is revised to read ``The employer shall
remove from service''.
Sec. 1910.158 [Amended]
135. In Sec. 1910.158(c)(3)(iii), the phrase ``Beginning January 1,
1981, the'' that appears at the beginning of the paragraph is removed
and the word ``The'' is added in its place.
136. In paragraph (c)(4), the phrase ``Beginning July 1, 1981,
the'' that appears at the beginning of the paragraph is removed and the
word ``The'' is added in its place.
Subpart L, Appendix D--[Amended]
137. In Appendix D to Subpart L (Secs. 1910.155-1910.165), in the
listing for the address of OSHA's Technical Data Center that appears
almost at the end of the appendix, the telephone number ``523-9700'' is
changed to ``219-7500''.
Subpart M--Compressed Gas and Compressed Air Equipment
138. The authority citation for subpart M continues to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (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), or 1-90 (55 FR 9033), as applicable.
Sec. 1910.169 [Amended]
139. In Sec. 1910.169(a)(2)(i), at the end of the paragraph, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added following the designation ``Code Section VIII''.
Sec. 1910.170 [Removed]
140. Section 1910.170 is removed.
Sec. 1910.171 [Removed]
141. Section 1910.171 is removed.
Subpart N--Materials Handling and Storage
142. The authority citation for subpart N is revised to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (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), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.
Sec. 1910.177 [Amended]
143. In Appendix B to Sec. 1910.177, in the listing for the address
of OSHA's Publications Office that appears at the end of the appendix,
the telephone number ``523-9667'' is revised to ``219-4667''.
Sec. 1910.178 [Amended]
144. In Sec. 1910.178(a)(2), near the end of the paragraph, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added following the designation ``B56.1-1969''.
145. In Sec. 1910.178(f)(1), at the end of the paragraph, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added following the designation ``(NFPA No. 30-
1969)''.
146. In Sec. 1910.178(f)(2), at the end of the paragraph, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added following the designation ``(NFPA No. 58-
1969)''.
Sec. 1910.179 [Amended]
147. In Sec. 1910.179(b)(2), at the end of the paragraph, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added following the designation ``B30.2.0-1967''.
148. In Sec. 1910.179(b)(6)(i), near the end of the paragraph, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added following the designation ``Specification No.
61''.
149. In Sec. 1910.179(c)(2), at the end of the paragraph, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added following the designation ``A14.3-1956''.
Sec. 1910.180 [Amended]
150. In Sec. 1910.180(b)(2), at the end of the second sentence, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added following the designation ``B30.5-1968''.
151. In Sec. 1910.180(c)(1)(i), the phrase ``subdivisions (ii) and
(iii) of this subparagraph'' that appears at the end of the paragraph
is changed to read ``paragraphs (c)(1) (ii) and (iii) of this
section''.
152. In Sec. 1910.180(c)(1)(iii), near the end of the paragraph,
the phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added following the designation ``(SAE) No. J765''.
153. In the introductory text to Sec. 1910.180(d)(3), the phrase
[[Page 9240]]
``subdivision (2)(i) of this subparagraph'' that appears near the
middle of the first sentence is changed to read ``paragraph (d)(2)(i)
of this section''.
Sec. 1910.181 [Amended]
154. In Sec. 1910.181(b)(2), at the end of the paragraph, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added following the designation ``B30.6-1969''.
Sec. 1910.182 [Removed]
155. Section 1910.182 is removed.
Sec. 1910.184 [Amended]
156. In Sec. 1910.184(e)(4), at the end of the first sentence, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added following the designation ``Specification A391-
65''.
Sec. 1910.189 [Removed]
157. Section 1910.189 is removed.
Sec. 1910.190 [Removed]
158. Section 1910.190 is removed.
Subpart O--Machinery and Machine Guarding
159. The authority citation for subpart 0 is revised to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (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), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.
Sec. 1910.215 [Amended]
160. In Sec. 1910.215(b)(12), at the end of the first sentence, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added following the designation ``ANSI B7.1-1970.''
Sec. 1910.216 [Amended]
161. In Sec. 1910.216, paragraphs (a) (1) and (2) are removed and
reserved.
Sec. 1910.217 [Amended]
162. In Sec. 1910.217(b)(12), at the end of the paragraph, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added following the words ``Pressure Vessels, 1968
Edition''.
163. In Sec. 1910.217(c)(1)(ii), the phrase ``subdivision (i) of
this subparagraph'' is revised to read ``paragraph (c)(1)(i) of this
section''.
164. In Sec. 1910.217, the words ``after December 31, 1976'' that
appear at the end of paragraph (c)(3)(v) are removed.
165. In Sec. 1910.217, the words ``section. This requirement shall
be complied with by November 1, 1975;'' that appear at the end of
paragraph (c)(5)(i) are removed and ``section;'' is added in their
place.
166. In Sec. 1910.217, the phrase ``Effective February 1, 1975,
the'' that appears at the beginning of the introductory text to
paragraph (d)(1) is removed and the word ``The'' is added in its place.
167. In table O-10 following Sec. 1910.217(f)(4), the fourth entry
in the first column that reads ``1\1/2\ to 5\1/2\'' is revised to read
``3\1/2\ to 5\1/2\''.
168. In Sec. 1910.217(g), the phrase ``Director of the Office of
Standards Development'' is revised to read ``Director of the
Directorate of Safety Standards Programs''.
Sec. 1910.218 [Amended]
169. In Sec. 1910.218 (d)(4) and (e)(1)(iv), at the end of the
paragraphs, the phrase ``, which is incorporated by reference as
specified in Sec. 1910.6'' is added following the date ``April 28,
1971''.
170. In Sec. 1910.218(j)(3), at the end of the paragraph, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added following the words ``Related Equipment.''
171. In Sec. 1910.218(j)(5), near the end of the paragraph, the
phrase ``which is incorporated by reference as specified in
Sec. 1910.6,'' is added following the words ``Abrasive Wheels.''
Sec. 1910.219 [Amended]
172. In Sec. 1910.219(c)(5)(iii), following the designation
``A11.1-1965 (R-1970)'' that appears at the end of the paragraph, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added.
Sec. 1910.220 [Removed]
173. Section 1910.220 is removed.
Sec. 1910.221 [Removed]
174. Section 1910.221 is removed.
Sec. 1910.222 [Removed]
175. Section 1910.222 is removed.
Subpart P--Hand and Portable Powered Tools and Other Hand-Held
Equipment
176. The authority citation for subpart P is revised to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (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), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.
Section 1910.243 also issued under 29 CFR part 1910.
Sec. 1910.243 [Amended]
177. In Sec. 1910.243(d)(1)(i), following the designation ``ANSI
A10.3-1970'' that appears at the end of the first sentence, the phrase
``, which is incorporated by reference as specified in Sec. 1910.6'' is
added.
178. In Sec. 1910.243(e)(1)(i), following the designation ``ANSI
B71.1-X1968'' that appears at the end of the first sentence, the phrase
``, which is incorporated by reference as specified in Sec. 1910.6'' is
added.
Sec. 1910.245 [Removed]
179. Section 1910.245 is removed.
Sec. 1910.246 [Removed]
180. Section 1910.246 is removed.
Sec. 1910.247 [Removed]
181. Section 1910.247 is removed.
Subpart Q--Welding, Cutting and Brazing
182. The authority citation for subpart Q continues to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (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), or 1-90 (55 FR 9033), as applicable; 5 U.S.C. 553; 29 CFR
part 1911.
Sec. 1910.251 [Amended]
183. In Sec. 1910.251(c), the designation ``A3.0-969'' that appears
at the end of the paragraph is revised to read ``A3.0-1969'' and the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added immediately following it.
Sec. 1910.252 [Amended]
184. In Sec. 1910.252(a)(1), following the designation ``Standard
51B, 1962'' that appears at the end of the first sentence of the
introductory text, the phrase ``, which is incorporated by reference as
specified in Sec. 1910.6'' is added.
185. In Sec. 1910.252(b)(2)(ii)(I), following the words ``Face
Protection'' that appear at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
186. In Sec. 1910.252(d)(1)(v), following the designation ``API
Std. 1104-1968'' that appears at the end of the paragraph, the phrase
``, which is incorporated by reference as specified in Sec. 1910.6'' is
added.
187. In Sec. 1910.252(d)(1)(vi), following the designation ``API
Std. PSD 2201-1963'' that appears at the end of the paragraph, the
phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added.
188. In Sec. 1910.252(d)(1)(vii), following the designation ``ANSI
Z54.1-1963'' that appears at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
[[Page 9241]]
Sec. 1910.253 [Amended]
189. In Sec. 1910.253(b)(1)(ii), following the designation ``ANSI
Z48.1-1954'' that appears at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
190. In Sec. 1910.253(b)(1)(iii), following the designation ``ANSI
Z57.1-1965'' that appears at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
191. In Sec. 1910.253(b)(4)(iv), following the designation ``NFPA
No. 566-1965'' that appears at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
192. In the introductory text to Sec. 1910.253(d)(1)(i)(A),
following the designation ``ANSI B31.1-1967,'' the phrase ``which is
incorporated by reference as specified in Sec. 1910.6,'' is added.
193. In Sec. 1910.253(d)(1)(i)(A)(2), following the designation
``ASTM B88-66a'' that appears at the end of the paragraph, the phrase
``, which is incorporated by reference as specified in Sec. 1910.6'' is
added.
194. In Sec. 1910.253(d)(4)(ii), following the designation ``ANSI
A13.1-1956'' that appears at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
195. In Sec. 1910.253(e)(4) (iv) and (v), following the words
``Compressed Gas Association'' that appear at the end of both
paragraphs, the phrase ``, which is incorporated by reference as
specified in Sec. 1910.6'' is added.
196. In Sec. 1910.253(e)(5)(i), following the words ``Rubber
Manufacturers Association'' that appear at the end of the paragraph,
the phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added.
197. In Sec. 1910.253(f)(6)(i)(I), following the designation ``NFPA
80-1970'' that appears at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
Sec. 1910.254 [Amended]
198. In Sec. 1910.254(b)(1), following the words ``Underwriters'
Laboratories'' that appear at the end of the paragraph, the phrase ``,
both of which are incorporated by reference as specified in
Sec. 1910.6'' is added.
199. In Sec. 1910.254(d)(1), following the words ``Welding
Society'' that appear at the end of the paragraph, the phrase ``, which
is incorporated by reference as specified in Sec. 1910.6'' is added.
Sec. 1910.256 [Removed]
200. Section 1910.256 is removed.
Sec. 1910.257 [Removed]
201. Section 1910.257 is removed.
Subpart R--Special Industries
202. The authority citation for subpart R is revised to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (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), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.
Sections 1910.261, 1910.262, 1910.265 through 1910.269,
1910.274, and 1910.275 also issued under 29 CFR part 1910.
Sec. 1910.261 [Amended]
203. In Sec. 1910.261(a)(3), before the colon at the end of the
introductory text, the phrase ``, which are incorporated by reference
as specified in Sec. 1910.6'' is added.
204. In the introductory text of Sec. 1910.261(a)(4), the phrase
``, which are incorporated by reference as specified in Sec. 1910.6,''
is added after the words ``following standards'' that appear at the
beginning of the sentence.
205. In Sec. 1910.261, paragraph (n) is removed.
Sec. 1910.262 [Amended]
206. In Sec. 1910.262(c)(6), following the designation ``A11.1-
1965'' that appears at the end of the paragraph, the phrase ``, which
is incorporated by reference as specified in Sec. 1910.6'' is added.
207. In Sec. 1910.262(c)(7), following the designation ``A13.1-
1956'' that appears at the end of the paragraph, the phrase ``, which
is incorporated by reference as specified in Sec. 1910.6'' is added.
208. In Sec. 1910.262(h)(1)(i), following the words ``Pressure
Vessels, 1968'' that appear at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
Sec. 1910.263 [Amended]
209. In Sec. 1910.263(i)(24)(ii), following the words ``Pressure
Vessels, 1968'' that appear at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
210. In Sec. 1910.263(k)(2)(i), the comma is removed and the word
``and'' is added in its place immediately preceding the reference
``NFPA 656-1959,'' and following the words ``Grinding Plants)'' that
appear at the end of the paragraph, the phrase ``, which are
incorporated by reference as specified in Sec. 1910.6'' is added.
Sec. 1910.265 [Amended]
211. In Sec. 1910.265(c)(2), following the designation ``A11.1-
1965'' that appears at the end of the paragraph, the phrase ``, which
is incorporated by reference as specified in Sec. 1910.6'' is added.
212. In Sec. 1910.265(c)(15), following the designation ``Z21.30-
1964'' that appears at the end of the paragraph, the phrase ``, which
is incorporated by reference as specified in Sec. 1910.6'' is added.
213. In Sec. 1910.265(c)(18)(i), following the designation ``B20.1-
1957'' that appears at the end of the paragraph, the phrase ``, which
is incorporated by reference as specified in Sec. 1910.6'' is added.
214. In Sec. 1910.265(c)(20)(i), following the words ``Flour
Manufacturing Plants)'' that appear at the end of the paragraph, the
phrase ``, which are incorporated by reference as specified in
Sec. 1910.6'' is added.
215. In Sec. 1910.265(c)(30)(iv), following the designation
``B56.1-1969'' that appears at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
216. In Sec. 1910.265(c)(31)(i), following the words ``Crossing
Protection'' that appear in the parenthetical near the end of the
paragraph, the phrase ``, which is incorporated by reference as
specified in Sec. 1910.6'' is added within the parenthetical.
217. In Sec. 1910.265(d)(2)(i)(a), following the words ``Industrial
Lighting'' that appear at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
218. In the introductory text of Sec. 1910.265(d)(2)(iv), following
the designation ``NFPA No. 302-1968'' that appears at the end of the
paragraph, the phrase ``which is incorporated by reference as specified
in Sec. 1910.6,'' is added.
219. Paragraph (j) of Sec. 1910.265 is removed.
Sec. 1910.266 [Amended]
220. In Sec. 1910.266(d)(3)(iv), following the words ``Work
Machines'' at the end of the first sentence, the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6'' is added and
the remaining text of the paragraph after the first sentence is
removed.
221. At the end of the first sentence of Sec. 1910.266(e)(2)(i),
following the words `` `Chain Saws','' the phrase``, which is
incorporated by reference as specified in Sec. 1910.6'' is added and
the text of the paragraph after the third sentence is removed.
[[Page 9242]]
222. At the end of the first sentence of Sec. 1910.266(f)(3)(ii),
the phrase ``, which is incorporated by reference as specified in
Sec. 1910.6'' is added following the words ``Mining Machines' '' and
the remaining text of the paragraph after the first sentence is
removed.
223. In Sec. 1910.266(f)(3)(iii), at the end of the first sentence,
following the words ``Protective Structures (FOPS)'' ' the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added and the remaining text of the paragraph after the first sentence
is removed.
224. At the end of the first sentence of Sec. 1910.266(f)(3)(iv),
following the words ``Laboratory Evaluation','' the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6'' is added and
the remaining text of the paragraph after the first sentence is
removed.
225. At the end of the first sentence of Sec. 1910.266(f)(4),
following the words ``Forklift Trucks','' the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6'' is added and
the remaining text of the paragraph after the first sentence is
removed.
226. At the end of the first sentence of Sec. 1910.266(f)(5)(i),
following the words ``for Off-Road Machines','' the phrase ``which is
incorporated by reference as specified in Sec. 1910.6,'' is added and
the remaining text of the paragraph after the first sentence is
removed.
Sec. 1910.268 [Amended]
227. In Sec. 1910.268(f)(1), the following new sentence is added to
the end of the paragraph: ``(ANSI J6.6-1971 and ANSI J6.4-1971 are
incorporated by reference as specified in Sec. 1910.6.)''
228. In Sec. 1910.268(g)(2)(i)(A), the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6'' is added
following the designation ``B117-64'' that appears near the end of the
first sentence.
229. In Sec. 1910.268(h)(3), the phrase ``After April 30, 1975,
portable'' that appears at the beginning of the paragraph is removed
and the word ``Portable'' is added in its place.
230. In Sec. 1910.268(i)(1), the following new sentence is added at
the end of the paragraph: ``ANSI Z89.2-1971 is incorporated by
reference as specified in Sec. 1910.6.''
231. In Sec. 1910.268(j)(4)(iv)(E), following the words ``for
Derricks'' ' that appear at the end of the paragraph, the phrase ``,
which is incorporated by reference as specified in Sec. 1910.6'' is
added.
232. At the end of the first sentence of Sec. 1910.268(s)(1)(v),
following the designation ``A92.2-1969'' the phrase ``, which is
incorporated by reference as specified in Sec. 1910.6'' is added.
Sec. 1910.272 [Amended]
233. In Sec. 1910.272(k)(1), the phrase ``Not later than March 30,
1989, all'' that appears at the beginning of the paragraph is removed
and the word ``All'' is added in its place.
234. In paragraph (o)(1) introductory text, the phrase ``Not later
than April 1, 1991, all'' appearing at the beginning of the paragraph
is removed and the word ``All'' is added in its place.
235. In paragraph (p)(3), the phrase ``Not later than April 1,
1991, all'' that appears at the beginning of the paragraph is removed
and the word ``All'' is added in its place.
236. In the introductory text to paragraphs (p) (4) and (6) and in
paragraph (p)(5), the phrase ``Not later than April 1, 1991, all'' that
appears at the beginning of the paragraphs is removed and the word
``All'' is added in its place.
Sec. 1910.274 [Removed]
237. Section Sec. 1910.274 is removed.
Sec. 1910.275 [Removed]
238. Section 1910.275 is removed.
Subpart T--Commercial Diving Operations
239. The authority citation for subpart T continues to read as
follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); sec. 107, Contract
Work Hours and Safety Standards Act (Construction Safety Act) (40
U.S.C. 333); sec. 41, Longshore and Harbor Workers' Compensation Act
(33 U.S.C. 941); Secretary of Labor's Order No. 12-71 (36 FR 87540);
8-76 (41 FR 25059); 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as
applicable; and 29 CFR part 1911.
Sec. 1910.440 [Amended]
240. In Sec. 1910.440(b) (1) and (5)(ii), the phrase ``Health,
Education and Welfare'' is revised to read ``Health and Human
Services''.
Subpart Z--Toxic and Hazardous Substances
241. The authority citation for subpart Z is revised to read as
follows:
Authority: Sections 6 and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 655 and 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), or 1-90 (55 FR 9033), as applicable; and 29 CFR part 1911.
All of subpart Z issued under sec. 6(b) of the Occupational
Safety and Health Act, except those substances that have exposure
limits listed in Tables Z-1, Z-2, and Z-3 of 29 CFR 1910.1000. The
latter were issued under sec. 6(a) (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. Section 1910.1000, Tables Z-1, Z-2, and Z-3 not issued
under 29 CFR part 1911 except for the arsenic (organic compounds),
benzene, and cotton dust listings.
Section 1910.1001 also issued under sec. 107 of Contract Work
Hours and Safety Standards Act (40 U.S.C. 333) and 5 U.S.C. 553.
Section 1910.1002 not issued under 29 U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 553.
Sections 1910.1003 through 1910.1018 also issued under 29 U.S.C.
653.
Section 1910.1025 also issued under 5 U.S.C. 553 and 29 U.S.C.
653.
Sections 1910.1028 and 1910.1030 also issued under 29 U.S.C.
653.
Section 1910.1043 also issued under 5 U.S.C. 551 et seq.
Sections 1910.1045, 1910.1047, and 1910.1048 also issued under
29 U.S.C. 653.
Section 1910.1200 also issued under 5 U.S.C. 553.
Section 1910.1450 is also issued under sec. 6(b), 8(c), and
8(g)(2), Pub. L. 91-596, 84 Stat. 1593, 1599, 1600 (29 U.S.C. 655
and 657).
242. Section 1910.1003 is revised to read as follows:
Sec. 1910.1003 13 Carcinogens.
(a) Scope and application. (1) This section applies to any area in
which the 13 carcinogens addressed by this section are manufactured,
processed, repackaged, released, handled, or stored, but shall not
apply to transshipment in sealed containers, except for the labeling
requirements under paragraphs (e)(2), (3) and (4) of this section. The
13 carcinogens are the following:
4-Nitrobiphenyl, Chemical Abstracts Service Register Number (CAS
No.) 92933;
alpha-Naphthylamine, CAS No. 134327;
methyl chloromethyl ether, CAS No. 107302;
3,3'-Dichlorobenzidine (and its salts) CAS No. 91941;
bis-Chloromethyl ether, CAS No. 542881;
beta-Naphthylamine, CAS No. 91598;
Benzidine, CAS No. 92875;
4-Aminodiphenyl, CAS No. 92671;
Ethyleneimine, CAS No. 151564;
beta-Propiolactone, CAS No. 57578;
2-Acetylaminofluorene, CAS No. 53963;
4-Dimethylaminoazo-benezene, CAS No. 60117; and
N-Nitrosodimethylamine, CAS No. 62759.
(2) This section shall not apply to the following:
(i) Solid or liquid mixtures containing less than 0.1 percent by
weight or volume of 4-Nitrobiphenyl; methyl chloromethyl ether; bis-
chloromethyl ether; beta-Naphthylamine; benzidine or 4-Aminodiphenyl;
and
(ii) Solid or liquid mixtures containing less than 1.0 percent by
[[Page 9243]]
weight or volume of alpha-Naphthylamine; 3,3'-Dichlorobenzidine (and
its salts); Ethyleneimine; beta-Propiolactone; 2-Acetylaminofluorene;
4-Dimethylaminoazobenzene, or N-Nitrosodimethylamine.
(b) Definitions. For the purposes of this section:
Absolute filter is one capable of retaining 99.97 percent of a mono
disperse aerosol of 0.3 m particles.
Authorized employee means an employee whose duties require him to
be in the regulated area and who has been specifically assigned by the
employer.
Clean change room means a room where employees put on clean
clothing and/or protective equipment in an environment free of the 13
carcinogens addressed by this section. The clean change room shall be
contiguous to and have an entry from a shower room, when the shower
room facilities are otherwise required in this section.
Closed system means an operation involving a carcinogen addressed
by this section where containment prevents the release of the material
into regulated areas, non-regulated areas, or the external environment.
Decontamination means the inactivation of a carcinogen addressed by
this section or its safe disposal.
Director means the Director, National Institute for Occupational
Safety and Health, or any person directed by him or the Secretary of
Health and Human Services to act for the Director.
Disposal means the safe removal of the carcinogens addressed by
this section from the work environment.
Emergency means an unforeseen circumstance or set of circumstances
resulting in the release of a carcinogen addressed by this section that
may result in exposure to or contact with the material.
External environment means any environment external to regulated
and nonregulated areas.
Isolated system means a fully enclosed structure other than the
vessel of containment of a carcinogen addressed by this section that is
impervious to the passage of the material and would prevent the entry
of the carcinogen addressed by this section into regulated areas,
nonregulated areas, or the external environment, should leakage or
spillage from the vessel of containment occur.
Laboratory-type hood is a device enclosed on the three sides and
the top and bottom, designed and maintained so as to draw air inward at
an average linear face velocity of 150 feet per minute with a minimum
of 125 feet per minute; designed, constructed, and maintained in such a
way that an operation involving a carcinogen addressed by this section
within the hood does not require the insertion of any portion of any
employee's body other than his hands and arms.
Nonregulated area means any area under the control of the employer
where entry and exit is neither restricted nor controlled.
Open-vessel system means an operation involving a carcinogen
addressed by this section in an open vessel that is not in an isolated
system, a laboratory-type hood, nor in any other system affording
equivalent protection against the entry of the material into regulated
areas, non-regulated areas, or the external environment.
Protective clothing means clothing designed to protect an employee
against contact with or exposure to a carcinogen addressed by this
section.
Regulated area means an area where entry and exit is restricted and
controlled.
(c) Requirements for areas containing a carcinogen addressed by
this section. A regulated area shall be established by an employer
where a carcinogen addressed by this section is manufactured,
processed, used, repackaged, released, handled or stored. All such
areas shall be controlled in accordance with the requirements for the
following category or categories describing the operation involved:
(1) Isolated systems. Employees working with a carcinogen addressed
by this section within an isolated system such as a ``glove box'' shall
wash their hands and arms upon completion of the assigned task and
before engaging in other activities not associated with the isolated
system.
(2) Closed system operation. (i) Within regulated areas where the
carcinogens addressed by this section are stored in sealed containers,
or contained in a closed system, including piping systems, with any
sample ports or openings closed while the carcinogens addressed by this
section are contained within, access shall be restricted to authorized
employees only.
(ii) Employees exposed to 4-Nitrobiphenyl; alpha-Naphthylamine;
3,3'-Dichlorobenzidine (and its salts); beta-Naphthylamine; benzidine;
4-Aminodiphenyl; 2-Acetylaminofluorene; 4-Dimethylaminoazo-benzene; and
N-Nitrosodimethylamine shall be required to wash hands, forearms, face,
and neck upon each exit from the regulated areas, close to the point of
exit, and before engaging in other activities.
(3) Open-vessel system operations. Open-vessel system operations as
defined in paragraph (b)(13) of this section are prohibited.
(4) Transfer from a closed system, charging or discharging point
operations, or otherwise opening a closed system. In operations
involving ``laboratory-type hoods,'' or in locations where the
carcinogens addressed by this section are contained in an otherwise
``closed system,'' but is transferred, charged, or discharged into
other normally closed containers, the provisions of this paragraph
shall apply.
(i) Access shall be restricted to authorized employees only.
(ii) Each operation shall be provided with continuous local exhaust
ventilation so that air movement is always from ordinary work areas to
the operation. Exhaust air shall not be discharged to regulated areas,
nonregulated areas or the external environment unless decontaminated.
Clean makeup air shall be introduced in sufficient volume to maintain
the correct operation of the local exhaust system.
(iii) Employees shall be provided with, and required to wear,
clean, full body protective clothing (smocks, coveralls, or long-
sleeved shirt and pants), shoe covers and gloves prior to entering the
regulated area.
(iv) Employees engaged in handling operations involving the
carcinogens addressed by this section shall be provided with and
required to wear and use a half-face, filter-type respirator for dusts,
mists, and fumes, in accordance with Sec. 1910.134. A respirator
affording higher levels of protection may be substituted.
(v) Prior to each exit from a regulated area, employees shall be
required to remove and leave protective clothing and equipment at the
point of exit and at the last exit of the day, to place used clothing
and equipment in impervious containers at the point of exit for
purposes of decontamination or disposal. The contents of such
impervious containers shall be identified, as required under paragraphs
(e) (2), (3), and (4) of this section.
(vi) Drinking fountains are prohibited in the regulated area.
(vii) Employees shall be required to wash hands, forearms, face,
and neck on each exit from the regulated area, close to the point of
exit, and before engaging in other activities and employees exposed to
4-Nitrobiphenyl; alpha-Naphthylamine; 3,3'-Dichlorobenzidine (and its
salts); beta-Naphthylamine; Benzidine; 4-Aminodiphenyl; 2-
Acetylaminofluorene; 4-Dimethylaminoazo-benzene; and N-
Nitrosodimethylamine shall be required to shower after the last exit of
the day.
[[Page 9244]]
(5) Maintenance and decontamination activities. In cleanup of leaks
of spills, maintenance, or repair operations on contaminated systems or
equipment, or any operations involving work in an area where direct
contact with a carcinogen addressed by this section could result, each
authorized employee entering that area shall:
(i) Be provided with and required to wear clean, impervious
garments, including gloves, boots, and continuous-air supplied hood in
accordance with Sec. 1910.134;
(ii) Be decontaminated before removing the protective garments and
hood;
(iii) Be required to shower upon removing the protective garments
and hood.
(d) General regulated area requirements--(1) [Reserved]
(2) Emergencies. In an emergency, immediate measures including, but
not limited to, the requirements of paragraphs (d)(2) (i) through (v)
of this section shall be implemented.
(i) The potentially affected area shall be evacuated as soon as the
emergency has been determined.
(ii) Hazardous conditions created by the emergency shall be
eliminated and the potentially affected area shall be decontaminated
prior to the resumption of normal operations.
(iii) Special medical surveillance by a physician shall be
instituted within 24 hours for employees present in the potentially
affected area at the time of the emergency. A report of the medical
surveillance and any treatment shall be included in the incident
report, in accordance with paragraph (f)(2) of this section.
(iv) Where an employee has a known contact with a carcinogen
addressed by this section, such employee shall be required to shower as
soon as possible, unless contraindicated by physical injuries.
(v) An incident report on the emergency shall be reported as
provided in paragraph (f)(2) of this section.
(vi) Emergency deluge showers and eyewash fountains supplied with
running potable water shall be located near, within sight of, and on
the same level with locations where a direct exposure to Ethyleneimine
or beta-Propiolactone only would be most likely as a result of
equipment failure or improper work practice.
(3) Hygiene facilities and practices. (i) Storage or consumption of
food, storage or use of containers of beverages, storage or application
of cosmetics, smoking, storage of smoking materials, tobacco products
or other products for chewing, or the chewing of such products are
prohibited in regulated areas.
(ii) Where employees are required by this section to wash, washing
facilities shall be provided in accordance with Sec. 1910.141(d) (1)
and (2) (ii) through (vii).
(iii) Where employees are required by this section to shower,
shower facilities shall be provided in accordance with
Sec. 1910.141(d)(3).
(iv) Where employees wear protective clothing and equipment, clean
change rooms shall be provided for the number of such employees
required to change clothes, in accordance with Sec. 1910.141(e).
(v) Where toilets are in regulated areas, such toilets shall be in
a separate room.
(4) Contamination control. (i) Except for outdoor systems,
regulated areas shall be maintained under pressure negative with
respect to nonregulated areas. Local exhaust ventilation may be used to
satisfy this requirement. Clean makeup air in equal volume shall
replace air removed.
(ii) Any equipment, material, or other item taken into or removed
from a regulated area shall be done so in a manner that does not cause
contamination in nonregulated areas or the external environment.
(iii) Decontamination procedures shall be established and
implemented to remove carcinogens addressed by this section from the
surfaces of materials, equipment, and the decontamination facility.
(iv) Dry sweeping and dry mopping are prohibited for 4-
Nitrobiphenyl; alpha-Naphthylamine; 3,3'-Dichlorobenzidine (and its
salts); beta-Naphthylamine; Benzidine; 4-Aminodiphenyl; 2-
Acetylaminofluorene; 4-Dimethylaminoazo-benzene and N-
Nitrosodimethylamine.
(e) Signs, information and training--(1) Signs--(i) Entrances to
regulated areas shall be posted with signs bearing the legend:
CANCER-SUSPECT AGENT
AUTHORIZED PERSONNEL ONLY
(ii) Entrances to regulated areas containing operations covered in
paragraph (c)(5) of this section shall be posted with signs bearing the
legend:
CANCER-SUSPECT AGENT EXPOSED IN THIS AREA
IMPERVIOUS SUIT INCLUDING GLOVES, BOOTS, AND AIR-SUPPLIED HOOD REQUIRED
AT ALL TIMES
AUTHORIZED PERSONNEL ONLY
(iii) Appropriate signs and instructions shall be posted at the
entrance to, and exit from, regulated areas, informing employees of the
procedures that must be followed in entering and leaving a regulated
area.
(2) Container contents identification. (i) Containers of a
carcinogen addressed by this section and containers required under
paragraphs (c)(4)(v) and (c)(6) (vii)(B) and (viii)(B) of this section
that are accessible only to and handled only by authorized employees,
or by other employees trained in accordance with paragraph (e)(5) of
this section, may have contents identification limited to a generic or
proprietary name or other proprietary identification of the carcinogen
and percent.
(ii) Containers of a carcinogen addressed by this section and
containers required under paragraphs (c)(4)(v) and (c)(6) (vii)(B) and
(viii)(B) of this section that are accessible to or handled by
employees other than authorized employees or employees trained in
accordance with paragraph (e)(5) of this section shall have contents
identification that includes the full chemical name and Chemical
Abstracts Service Registry number as listed in paragraph (a)(1) of this
section.
(iii) Containers shall have the warning words ``CANCER-SUSPECT
AGENT'' displayed immediately under or adjacent to the contents
identification.
(iv) Containers whose contents are carcinogens addressed by this
section with corrosive or irritating properties shall have label
statements warning of such hazards noting, if appropriate, particularly
sensitive or affected portions of the body.
(3) Lettering. Lettering on signs and instructions required by
paragraph (e)(1) shall be a minimum letter height of 2 inches (5 cm).
Labels on containers required under this section shall not be less than
one-half the size of the largest lettering on the package, and not less
than 8-point type in any instance. Provided, That no such required
lettering need be more than 1 inch (2.5 cm) in height.
(4) Prohibited statements. No statement shall appear on or near any
required sign, label, or instruction that contradicts or detracts from
the effect of any required warning, information, or instruction.
(5) Training and indoctrination. (i) Each employee prior to being
authorized
[[Page 9245]]
to enter a regulated area, shall receive a training and indoctrination
program including, but not necessarily limited to:
(A) The nature of the carcinogenic hazards of a carcinogen
addressed by this section, including local and systemic toxicity;
(B) The specific nature of the operation involving a carcinogen
addressed by this section that could result in exposure;
(C) The purpose for and application of the medical surveillance
program, including, as appropriate, methods of self-examination;
(D) The purpose for and application of decontamination practices
and purposes;
(E) The purpose for and significance of emergency practices and
procedures;
(F) The employee's specific role in emergency procedures;
(G) Specific information to aid the employee in recognition and
evaluation of conditions and situations which may result in the release
of a carcinogen addressed by this section;
(H) The purpose for and application of specific first aid
procedures and practices;
(I) A review of this section at the employee's first training and
indoctrination program and annually thereafter.
(ii) Specific emergency procedures shall be prescribed, and posted,
and employees shall be familiarized with their terms, and rehearsed in
their application.
(iii) All materials relating to the program shall be provided upon
request to authorized representatives of the Assistant Secretary and
the Director.
(f) Reports--(1) Operations. The information required in paragraphs
(f)(1) (i) through (iv) of this section shall be reported in writing to
the nearest OSHA Area Director. Any changes in such information shall
be similarly reported in writing within 15 calendar days of such
change:
(i) A brief description and in-plant location of the area(s)
regulated and the address of each regulated area;
(ii) The name(s) and other identifying information as to the
presence of a carcinogen addressed by this section in each regulated
area;
(iii) The number of employees in each regulated area, during normal
operations including maintenance activities; and
(iv) The manner in which carcinogens addressed by this section are
present in each regulated area; for example, whether it is
manufactured, processed, used, repackaged, released, stored, or
otherwise handled.
(2) Incidents. Incidents that result in the release of a carcinogen
addressed by this section into any area where employees may be
potentially exposed shall be reported in accordance with this
paragraph.
(i) A report of the occurrence of the incident and the facts
obtainable at that time including a report on any medical treatment of
affected employees shall be made within 24 hours to the nearest OSHA
Area Director.
(ii) A written report shall be filed with the nearest OSHA Area
Director within 15 calendar days thereafter and shall include:
(A) A specification of the amount of material released, the amount
of time involved, and an explanation of the procedure used in
determining this figure;
(B) A description of the area involved, and the extent of known and
possible employee exposure and area contamination;
(C) A report of any medical treatment of affected employees, and
any medical surveillance program implemented; and
(D) An analysis of the circumstances of the incident and measures
taken or to be taken, with specific completion dates, to avoid further
similar releases.
(g) Medical surveillance. At no cost to the employee, a program of
medical surveillance shall be established and implemented for employees
considered for assignment to enter regulated areas, and for authorized
employees.
(1) Examinations. (i) Before an employee is assigned to enter a
regulated area, a preassignment physical examination by a physician
shall be provided. The examination shall include the personal history
of the employee, family and occupational background, including genetic
and environmental factors.
(ii) Authorized employees shall be provided periodic physical
examinations, not less often than annually, following the preassignment
examination.
(iii) In all physical examinations, the examining physician shall
consider whether there exist conditions of increased risk, including
reduced immunological competence, those undergoing treatment with
steroids or cytotoxic agents, pregnancy, and cigarette smoking.
(2) Records. (i) Employers of employees examined pursuant to this
paragraph shall cause to be maintained complete and accurate records of
all such medical examinations. Records shall be maintained for the
duration of the employee's employment. Upon termination of the
employee's employment, including retirement or death, or in the event
that the employer ceases business without a successor, records, or
notarized true copies thereof, shall be forwarded by registered mail to
the Director.
(ii) Records required by this paragraph shall be provided upon
request to employees, designated representatives, and the Assistant
Secretary in accordance with 29 CFR 1910.20 (a) through (e) and (g)
through (i). These records shall also be provided upon request to the
Director.
(iii) Any physician who conducts a medical examination required by
this paragraph shall furnish to the employer a statement of the
employee's suitability for employment in the specific exposure.
Secs. 1910.1004-1910.1016 [Amended]
243. In Secs. 1910.1004, 1910.1006, 1910.1007, 1910.1008,
1910.1009, 1910.1010, 1910.1011, 1910.1012, 1910.1013, 1910.1014,
1910.1015, and 1910.1016, the text is removed in its entirety and
replaced with the following text (below the section heading) in each
section: ``See Sec. 1910.1003, 13 carcinogens.''.
Sec. 1910.1018 [Amended]
244. In Sec. 1910.1018(o)(1)(ii), the phrase ``and shall be
repeated at least quarterly for employees who have optional use of
respirators'' is removed.
Sec. 1910.1200 [Amended]
245. In Sec. 1910.1200, Appendix C--Information Sources (Advisory)
is removed.
Sec. 1910.1499 [Removed]
246. Section Sec. 1910.1499 is removed.
Sec. 1910.1500 [Removed]
247. Section Sec. 1910.1500 is removed.
PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT
1. The authority citation for part 1915 continues to read as
follows:
Authority: Sec. 41, Longshore and Harbor Workers Compensation
Act (33 U.S.C. 941); secs. 4, 6, and 8 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 653, 655, and 657); sec. 4 of the
Administrative Procedure Act (5 U.S.C. 553); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.
Subpart Z--Toxic and Hazardous Substances
2. Section 1915.1003 is revised to read as follows:
[[Page 9246]]
Sec. 1915.1003 13 Carcinogens.
(a) Scope and application. (1) This section applies to any area in
which the 13 carcinogens addressed by this section are manufactured,
processed, repackaged, released, handled, or stored, but shall not
apply to transshipment in sealed containers, except for the labeling
requirements under paragraphs (e) (2), (3) and (4) of this section. The
13 carcinogens are the following:
4-Nitrobiphenyl, Chemical Abstracts Service Register Number (CAS
No.) 92933;
alpha-Naphthylamine, CAS No. 134327;
methyl chloromethyl ether, CAS No. 107302;
3,3'-Dichlorobenzidine (and its salts) CAS No. 91941;
bis-Chloromethyl ether, CAS No. 542881;
beta-Naphthylamine, CAS No. 91598;
Benzidine, CAS No. 92875;
4-Aminodiphenyl, CAS No. 92671;
Ethyleneimine, CAS No. 151564;
beta-Propiolactone, CAS No. 57578;
2-Acetylaminofluorene, CAS No. 53963;
4-Dimethylaminoazo-benezene, CAS No. 60117; and
N-Nitrosodimethylamine, CAS No. 62759.
(2) This section shall not apply to the following:
(i) Solid or liquid mixtures containing less than 0.1 percent by
weight or volume of 4-Nitrobiphenyl; methyl chloromethyl ether; bis-
chloromethyl ether; beta-Naphthylamine; benzidine or 4-Aminodiphenyl;
and
(ii) Solid or liquid mixtures containing less than 1.0 percent by
weight or volume of alpha-Naphthylamine; 3,3'-Dichlorobenzidine (and
its salts); Ethyleneimine; beta-Propiolactone; 2-Acetylaminofluorene;
4-Dimethylaminoazobenzene, or N-Nitrosodimethylamine.
(b) Definitions. For the purposes of this section:
Absolute filter is one capable of retaining 99.97 percent of a mono
disperse aerosol of 0.3 m particles.
Authorized employee means an employee whose duties require him to
be in the regulated area and who has been specifically assigned by the
employer.
Clean change room means a room where employees put on clean
clothing and/or protective equipment in an environment free of the 13
carcinogens addressed by this section. The clean change room shall be
contiguous to and have an entry from a shower room, when the shower
room facilities are otherwise required in this section.
Closed system means an operation involving a carcinogen addressed
by this section where containment prevents the release of the material
into regulated areas, non-regulated areas, or the external environment.
Decontamination means the inactivation of a carcinogen addressed by
this section or its safe disposal.
Director means the Director, National Institute for Occupational
Safety and Health, or any person directed by him or the Secretary of
Health and Human Services to act for the Director.
Disposal means the safe removal of the carcinogens addressed by
this section from the work environment.
Emergency means an unforeseen circumstance or set of circumstances
resulting in the release of a carcinogen addressed by this section that
may result in exposure to or contact with the material.
External environment means any environment external to regulated
and nonregulated areas.
Isolated system means a fully enclosed structure other than the
vessel of containment of a carcinogen addressed by this section that is
impervious to the passage of the material and would prevent the entry
of the carcinogen addressed by this section into regulated areas,
nonregulated areas, or the external environment, should leakage or
spillage from the vessel of containment occur.
Laboratory-type hood is a device enclosed on the three sides and
the top and bottom, designed and maintained so as to draw air inward at
an average linear face velocity of 150 feet per minute with a minimum
of 125 feet per minute; designed, constructed, and maintained in such a
way that an operation involving a carcinogen addressed by this section
within the hood does not require the insertion of any portion of any
employee's body other than his hands and arms.
Nonregulated area means any area under the control of the employer
where entry and exit is neither restricted nor controlled.
Open-vessel system means an operation involving a carcinogen
addressed by this section in an open vessel that is not in an isolated
system, a laboratory-type hood, nor in any other system affording
equivalent protection against the entry of the material into regulated
areas, non-regulated areas, or the external environment.
Protective clothing means clothing designed to protect an employee
against contact with or exposure to a carcinogen addressed by this
section.
Regulated area means an area where entry and exit is restricted and
controlled.
(c) Requirements for areas containing a carcinogen addressed by
this section. A regulated area shall be established by an employer
where a carcinogen addressed by this section is manufactured,
processed, used, repackaged, released, handled or stored. All such
areas shall be controlled in accordance with the requirements for the
following category or categories describing the operation involved:
(1) Isolated systems. Employees working with a carcinogen addressed
by this section within an isolated system such as a ``glove box'' shall
wash their hands and arms upon completion of the assigned task and
before engaging in other activities not associated with the isolated
system.
(2) Closed system operation. (i) Within regulated areas where the
carcinogens addressed by this section are stored in sealed containers,
or contained in a closed system, including piping systems, with any
sample ports or openings closed while the carcinogens addressed by this
section are contained within, access shall be restricted to authorized
employees only.
(ii) Employees exposed to 4-Nitrobiphenyl; alpha-Naphthylamine;
3,3'-Dichlorobenzidine (and its salts); beta-Naphthylamine; benzidine;
4-Aminodiphenyl; 2-Acetyleminofluorene; 4-Dimethylaminoazo-benzene; and
N-Nitrosodimethylamine shall be required to wash hands, forearms, face,
and neck upon each exit from the regulated areas, close to the point of
exit, and before engaging in other activities.
(3) Open-vessel system operations. Open-vessel system operations as
defined in paragraph (b)(13) of this section are prohibited.
(4) Transfer from a closed system, charging or discharging point
operations, or otherwise opening a closed system. In operations
involving ``laboratory-type hoods,'' or in locations where the
carcinogens addressed by this section are contained in an otherwise
``closed system'', but is transferred, charged, or discharged into
other normally closed containers, the provisions of this paragraph
shall apply.
(i) Access shall be restricted to authorized employees only.
(ii) Each operation shall be provided with continuous local exhaust
ventilation so that air movement is always from ordinary work areas to
the operation. Exhaust air shall not be discharged to regulated areas,
nonregulated areas or the external environment unless decontaminated.
Clean makeup air shall be introduced in sufficient volume to maintain
the correct operation of the local exhaust system.
(iii) Employees shall be provided with, and required to wear,
clean, full body protective clothing (smocks, coveralls, or long-
sleeved shirt and
[[Page 9247]]
pants), shoe covers and gloves prior to entering the regulated area.
(iv) Employees engaged in handling operations involving the
carcinogens addressed by this section shall be provided with and
required to wear and use a half-face, filter-type respirator for dusts,
mists, and fumes, in accordance with Sec. 1910.134. A respirator
affording higher levels of protection may be substituted.
(v) Prior to each exit from a regulated area, employees shall be
required to remove and leave protective clothing and equipment at the
point of exit and at the last exit of the day, to place used clothing
and equipment in impervious containers at the point of exit for
purposes of decontamination or disposal. The contents of such
impervious containers shall be identified, as required under paragraphs
(e) (2), (3), and (4) of this section.
(vi) Drinking fountains are prohibited in the regulated area.
(vii) Employees shall be required to wash hands, forearms, face,
and neck on each exit from the regulated area, close to the point of
exit, and before engaging in other activities and employees exposed to
4-Nitrobiphenyl; alpha-Naphthylamine; 3,3'-Dichlorobenzidine (and its
salts); beta-Naphthylamine; Benzidine; 4-Aminodiphenyl; 2-
Acetylaminofluorene; 4-Dimethylaminoazo-benzene; and N-
Nitrosodimethylamine shall be required to shower after the last exit of
the day.
(5) Maintenance and decontamination activities. In cleanup of leaks
of spills, maintenance, or repair operations on contaminated systems or
equipment, or any operations involving work in an area where direct
contact with a carcinogen addressed by this section could result, each
authorized employee entering that area shall:
(i) Be provided with and required to wear clean, impervious
garments, including gloves, boots, and continuous-air supplied hood in
accordance with Sec. 1910.134;
(ii) Be decontaminated before removing the protective garments and
hood;
(iii) Be required to shower upon removing the protective garments
and hood.
(d) General regulated area requirements--(1) [Reserved]
(2) Emergencies. In an emergency, immediate measures including, but
not limited to, the requirements of paragraphs (d)(2) (i) through (v)
of this section shall be implemented.
(i) The potentially affected area shall be evacuated as soon as the
emergency has been determined.
(ii) Hazardous conditions created by the emergency shall be
eliminated and the potentially affected area shall be decontaminated
prior to the resumption of normal operations.
(iii) Special medical surveillance by a physician shall be
instituted within 24 hours for employees present in the potentially
affected area at the time of the emergency. A report of the medical
surveillance and any treatment shall be included in the incident
report, in accordance with paragraph (f)(2) of this section.
(iv) Where an employee has a known contact with a carcinogen
addressed by this section, such employee shall be required to shower as
soon as possible, unless contraindicated by physical injuries.
(v) An incident report on the emergency shall be reported as
provided in paragraph (f)(2) of this section.
(vi) Emergency deluge showers and eyewash fountains supplied with
running potable water shall be located near, within sight of, and on
the same level with locations where a direct exposure to Ethyleneimine
or beta-Propiolactone only would be most likely as a result of
equipment failure or improper work practice.
(3) Hygiene facilities and practices. (i) Storage or consumption of
food, storage or use of containers of beverages, storage or application
of cosmetics, smoking, storage of smoking materials, tobacco products
or other products for chewing, or the chewing of such products are
prohibited in regulated areas.
(ii) Where employees are required by this section to wash, washing
facilities shall be provided in accordance with Sec. 1910.141(d) (1)
and (2) (ii) through (vii).
(iii) Where employees are required by this section to shower,
shower facilities shall be provided in accordance with
Sec. 1910.141(d)(3).
(iv) Where employees wear protective clothing and equipment, clean
change rooms shall be provided for the number of such employees
required to change clothes, in accordance with Sec. 1910.141(e).
(v) Where toilets are in regulated areas, such toilets shall be in
a separate room.
(4) Contamination control. (i) Except for outdoor systems,
regulated areas shall be maintained under pressure negative with
respect to nonregulated areas. Local exhaust ventilation may be used to
satisfy this requirement. Clean makeup air in equal volume shall
replace air removed.
(ii) Any equipment, material, or other item taken into or removed
from a regulated area shall be done so in a manner that does not cause
contamination in nonregulated areas or the external environment.
(iii) Decontamination procedures shall be established and
implemented to remove carcinogens addressed by this section from the
surfaces of materials, equipment, and the decontamination facility.
(iv) Dry sweeping and dry mopping are prohibited for 4-
Nitrobiphenyl; alpha-Naphthylamine; 3,3'-Dichlorobenzidine (and its
salts); beta-Naphthylamine; Benzidine; 4-Aminodiphenyl; 2-
Acetylaminofluorene; 4-Dimethylaminoazo-benzene and N-
Nitrosodimethylamine.
(e) Signs, information and training--(1) Signs--(i) Entrances to
regulated areas shall be posted with signs bearing the legend:
CANCER-SUSPECT AGENT
AUTHORIZED PERSONNEL ONLY
(ii) Entrances to regulated areas containing operations covered in
paragraph (c)(5) of this section shall be posted with signs bearing the
legend:
CANCER-SUSPECT AGENT EXPOSED IN THIS AREA
IMPERVIOUS SUIT INCLUDING GLOVES, BOOTS, AND AIR-SUPPLIED HOOD REQUIRED
AT ALL TIMES
AUTHORIZED PERSONNEL ONLY
(iii) Appropriate signs and instructions shall be posted at the
entrance to, and exit from, regulated areas, informing employees of the
procedures that must be followed in entering and leaving a regulated
area.
(2) Container contents identification. (i) Containers of a
carcinogen addressed by this section and containers required under
paragraphs (c)(4)(v) and (c)(6) (vii)(B) and (viii)(B) of this section
that are accessible only to and handled only by authorized employees,
or by other employees trained in accordance with paragraph (e)(5) of
this section, may have contents identification limited to a generic or
proprietary name or other proprietary identification of the carcinogen
and percent.
(ii) Containers of a carcinogen addressed by this section and
containers required under paragraphs (c)(4)(v) and (c)(6) (vii)(B), and
(viii)(B) of this section that are accessible to or handled by
employees other than authorized employees or employees trained in
accordance with paragraph (e)(5) of this section shall have contents
identification that includes the full chemical name and Chemical
Abstracts Service Registry number as listed in paragraph (a)(1) of this
section.
[[Page 9248]]
(iii) Containers shall have the warning words ``CANCER-SUSPECT
AGENT'' displayed immediately under or adjacent to the contents
identification.
(iv) Containers whose contents are carcinogens addressed by this
section with corrosive or irritating properties shall have label
statements warning of such hazards noting, if appropriate, particularly
sensitive or affected portions of the body.
(3) Lettering. Lettering on signs and instructions required by
paragraph (e)(1) shall be a minimum letter height of 2 inches (5 cm).
Labels on containers required under this section shall not be less than
one half the size of the largest lettering on the package, and not less
than 8-point type in any instance. Provided, That no such required
lettering need be more than 1 inch (2.5 cm) in height.
(4) Prohibited statements. No statement shall appear on or near any
required sign, label, or instruction that contradicts or detracts from
the effect of any required warning, information, or instruction.
(5) Training and indoctrination. (i) Each employee prior to being
authorized to enter a regulated area, shall receive a training and
indoctrination program including, but not necessarily limited to:
(A) The nature of the carcinogenic hazards of a carcinogen
addressed by this section, including local and systemic toxicity;
(B) The specific nature of the operation involving a carcinogen
addressed by this section that could result in exposure;
(C) The purpose for and application of the medical surveillance
program, including, as appropriate, methods of self-examination;
(D) The purpose for and application of decontamination practices
and purposes;
(E) The purpose for and significance of emergency practices and
procedures;
(F) The employee's specific role in emergency procedures;
(G) Specific information to aid the employee in recognition and
evaluation of conditions and situations which may result in the release
of a carcinogen addressed by this section;
(H) The purpose for and application of specific first aid
procedures and practices;
(I) A review of this section at the employee's first training and
indoctrination program and annually thereafter.
(ii) Specific emergency procedures shall be prescribed, and posted,
and employees shall be familiarized with their terms, and rehearsed in
their application.
(iii) All materials relating to the program shall be provided upon
request to authorized representatives of the Assistant Secretary and
the Director.
(f) Reports--(1) Operations. The information required in paragraphs
(f)(1) (i) through (iv) of this section shall be reported in writing to
the nearest OSHA Area Director. Any changes in such information shall
be similarly reported in writing within 15 calendar days of such
change:
(i) A brief description and in-plant location of the area(s)
regulated and the address of each regulated area;
(ii) The name(s) and other identifying information as to the
presence of a carcinogen addressed by this section in each regulated
area;
(iii) The number of employees in each regulated area, during normal
operations including maintenance activities; and
(iv) The manner in which carcinogens addressed by this section are
present in each regulated area; for example, whether it is
manufactured, processed, used, repackaged, released, stored, or
otherwise handled.
(2) Incidents. Incidents that result in the release of a carcinogen
addressed by this section into any area where employees may be
potentially exposed shall be reported in accordance with this
paragraph.
(i) A report of the occurrence of the incident and the facts
obtainable at that time including a report on any medical treatment of
affected employees shall be made within 24 hours to the nearest OSHA
Area Director.
(ii) A written report shall be filed with the nearest OSHA Area
Director within 15 calendar days thereafter and shall include:
(A) A specification of the amount of material released, the amount
of time involved, and an explanation of the procedure used in
determining this figure;
(B) A description of the area involved, and the extent of known and
possible employee exposure and area contamination;
(C) A report of any medical treatment of affected employees, and
any medical surveillance program implemented; and
(D) An analysis of the circumstances of the incident and measures
taken or to be taken, with specific completion dates, to avoid further
similar releases.
(g) Medical surveillance. At no cost to the employee, a program of
medical surveillance shall be established and implemented for employees
considered for assignment to enter regulated areas, and for authorized
employees.
(1) Examinations. (i) Before an employee is assigned to enter a
regulated area, a preassignment physical examination by a physician
shall be provided. The examination shall include the personal history
of the employee, family and occupational background, including genetic
and environmental factors.
(ii) Authorized employees shall be provided periodic physical
examinations, not less often than annually, following the preassignment
examination.
(iii) In all physical examinations, the examining physician shall
consider whether there exist conditions of increased risk, including
reduced immunological competence, those undergoing treatment with
steroids or cytotoxic agents, pregnancy, and cigarette smoking.
(2) Records. (i) Employers of employees examined pursuant to this
paragraph shall cause to be maintained complete and accurate records of
all such medical examinations. Records shall be maintained for the
duration of the employee's employment. Upon termination of the
employee's employment, including retirement or death, or in the event
that the employer ceases business without a successor, records, or
notarized true copies thereof, shall be forwarded by registered mail to
the Director.
(ii) Records required by this paragraph shall be provided upon
request to employees, designated representatives, and the Assistant
Secretary in accordance with 29 CFR 1915.1120 (a) through (e) and (g)
through (i). These records shall also be provided upon request to the
Director.
(iii) Any physician who conducts a medical examination required by
this paragraph shall furnish to the employer a statement of the
employee's suitability for employment in the specific exposure.
Secs. 1915.1004-1915.1016 [Amended]
3. In Secs. 1915.1004, 1915.1006, 1915.1007, 1915.1008, 1915.1009,
1915.1010, 1915.1011, 1915.1012, 1915.1013, 1915.1014, 1915.1015, and
1915.1016, the text is removed in its entirety and replaced with the
following text (below the section heading) in each section: ``See
Sec. 1915.1003, 13 carcinogens.''.
PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
Subpart C--General Safety and Health Standards
1. The authority citation for subpart C continues to read as
follows:
[[Page 9249]]
Authorit
FR Doc. 96-5282 Miscellaneous Minor and Technical Amendments
y: Sec. 107, Contract Work Hours and Safety Standards
Act (40 U.S.C. 333); secs. 4, 6, and 8, Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR
35736) as applicable.
2. In Sec. 1926.30, paragraph (b) is revised to read as follows:
Sec. 1926.30 Shipbuilding and ship repairing.
* * * * *
(b) Applicable safety and health standards. For the purpose of work
carried out under this section, the safety and health regulations in
part 1915 of this title, Shipyard Employment, shall apply.
Sec. 1926.31 [Amended]
3. In Sec. 1926.31(a)(1), the words ``Railway Labor Building'' are
amended to read ``Frances Perkins Building.''
4. In Sec. 1926.31(a)(2), a comma is inserted following the words
``Health Administration'' and the words ``1973-74, at page 323'' that
appear at the end of the paragraph are removed.
Sec. 1926.33 [Amended]
5. In the first sentence of Sec. 1926.33(c)(13)(i), the word
``least'' is revised to read ``latest.''
Subpart D--Occupational Health and Environmental Controls
6. The authority citation for subpart D continues to read as
follows:
Authority: Sec. 107, Contract Work Hours and Safety Standards
Act (40 U.S.C. 333); secs. 4, 6, and 8, Occupational Safety and
Health Act of 1970 (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), or 1-90 (55 FR 9033), as applicable.
Sec. 1926.55 [Amended]
7. In Appendix A to Sec. 1926.55, entitled ``1970 American
Conference of Governmental Industrial Hygienists' Threshold Limit
Values of Airborne Contaminants,'' the following amendments are made to
the table of airborne contaminants for construction:
a. Remove the following substances in their entirety: Aluminum (as
Al) metal; barium sulfate; benomyl; bismuth telluride, undoped; calcium
hydroxide; calcium silicate; 2-chloro-6-(trichloromethyl) pyridine;
clopidol; dicyclopentadienyl iron; mineral wool; perlite; picloram;
piperazine dihydrochloride; propionic acid; silicon; 4,4'-thiobis (6-
tert, butyl-m-cresol); and zinc stearate.
b. For the following substances, remove the entry in the fourth
column (titled mg/m\3\ b) in its entirety: Alpha-Alumina; calcium
carbonate; cellulose; crag herbicide (Sesone); emery; fibrous glass;
glycerin (mist); graphite, synthetic; gypsum; kaolin; limestone;
magnesite; marble; pentaerythritol; plaster of Paris; Portland cement;
rouge; silicon carbide; starch; sucrose; temephos; tin oxide (as Sn);
titanium dioxide; and vegetable oil mist.
c. Entries for chlorine dioxide, methylenedianiline, and propane
and cross-references for DDT and DDVP are added (in alphabetical order)
to read as follows:
----------------------------------------------------------------------------------------------------------------
Substance CAS No.d ppm a mg/m3 b Designation
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Chlorine dioxide......................... 10049-04-4 0.1 0.3 ...........................
* * * * * *
*
DDT, see Dichlorodiphenyltrichloroethane. .............. ........... ........... ...........................
DDVP, see Dichlorvos..................... .............. ........... ........... ...........................
* * * * * *
*
Methylenedianiline (MDA)................. 101-77-9 ........... ........... ...........................
* * * * * *
*
Propane.................................. 74-98-6 E ........... ...........................
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
d. In the entry for butadiene (1,3-butadiene), in the first column
(``Substance''), the superscript letter (footnote identifier) ``h'' is
removed.
e. In the entry for cadmium dust fume (as Cd), in the first column
(``Substance''), the words ``dust fume'' are removed, and in the last
three columns (for ppm, mg/m3, and skin designation) the dashes
are removed and the entries are left blank.
f. In the entry for chloroform (Trichloromethane), ``(C)'' is added
to the beginning of the entries for the third and fourth columns (for
ppm and mg/m3).
g. In the entry for coal tar pitch volatiles * * *, the entry for
the second column, CAS No., is amended to read ``65996-93-2''.
h. Under the substance coke oven emissions, all the entries in the
second through fifth columns are removed and left blank.
i. In the entry for cyanides (as CN), the dash in the last column
(for skin designation) is removed and a capital letter ``X'' is
inserted in its place.
j. In the entry for 1,2-Dibromo-3-chloropropane (CBCP), the
parenthetical substance name in the first column is corrected to read
``(DBCP)''; the dash entry in the fourth column (for mg/m3) is
removed and left blank; and in the last column (for skin designation),
a dash is added.
k. In the entry for 2-Diethylaminoethanol, the dash in the last
column (for skin designation) is removed and a capital letter ``X'' is
inserted in its place.
l. In the entry for hydrogen selenide (as Se), ``0.2'' is added
under the fourth column (for mg/m3), and a dash is added in the
last column (for skin designation).
m. For the entry ``lead, inorganic (as Pb),'' in the first column
for that substance, a semi-colon followed by the words ``see 1926.62''
is added, and the entries in the third through fifth columns (for ppm,
mg/m3, and skin designation) are removed and left blank.
n. In the subentry row ``Total particulate'' for magnesium oxide
fume, the entry ``15'' from the fourth column headed ``(mg/m3)''
is transposed with the dash entry in the third column headed ``(ppm).''
o. In the entry methylene chloride, in the first column, the words
``h; see 56 FR 57036'' are removed.
p. In the entry for methyl methacrylate, the entry ``100'' in the
last column (for skin designation) is removed and a dash is inserted in
its place.
q. In the entry for methyl silicate, ``(C)'' is added to the
beginning of the entries for the third and fourth columns (for ppm and
mg/m\3\).
r. In the entries for parathion and picric acid, the dash in the
last column (for skin designation) is removed and a capital letter
``X'' is inserted in its place.
s. In the subentry row ``Total dust'' for Portland cement, the
entry ``15'' from the third column headed ``(ppm)'' is
[[Page 9250]]
transposed with the dash entry in the fourth column headed ``(mg/
m\3\)'', and the entry ``10'' in the last column (for skin designation)
is removed and a dash is inserted in its place.
t. In the entry for rouge, the dash entry in the third column (for
ppm) is removed and left blank.
u. Under the entry for silicates (less than 1% crystalline silica),
the dash entries in the second column for the subentries ``soapstone,
total dust'' and ``soapstone, respirable dust'' for CAS No. are removed
and left blank.
v. Under the entry for silicates (less than 1% crystalline silica),
for the subentry ``talc (containing asbestos),'' in the first column
for that substance, a semi-colon followed by the words ``use asbestos
limit; see 1926.58'' is added; in addition, the entries in the second
through fifth columns are removed and left blank.
w. Under the entry for silicates (less than 1% crystalline silica),
for the subentry ``tremolite,'' in the first column for that substance,
a comma followed by the words ``asbestiform; see 1926.58'' is added to
the entry; in addition, the entries in the third through fifth columns
are removed and left blank.
x. In the entry for styrene, ``(C)'' is added to the beginning of
the entries for the third and fourth columns (for ppm and mg/m\3\), and
the entry ``50'' in the last column (for skin designation) is removed
and a dash is inserted in its place.
y. In the entry for toluene, the entry ``100'' in the last column
(for skin designation) is removed and a dash is inserted in its place.
z. In the entry for trimethyl benzene, a dash is inserted in the
last column (for skin designation).
aa. In the entry for 2,4,6-Trinitrophenyl, the substance name in
the first column is corrected to read ``2,4,6-Trinitrophenol''.
bb. In the list entitled ``Mineral Dusts'' that appears at the end
of the table (immediately preceding the footnotes to the table), the
following parenthetical is added in brackets at the end of the entry
for the substance ``Inert or Nuisance Particulates: (m)'': ``[*
Inert or Nuisance Dusts includes all mineral, inorganic, and organic
dusts as indicated by examples in TLV's Appendix D]''.
cc. Footnote h, which appears at the end of the table, is removed.
Sec. 1926.57 [Amended]
8. In Sec. 1926.57(f)(8), the designation ``(i)'' that appears at
the beginning of the first sentence is removed.
9. In Sec. 1926.57(g)(5)(vii), the words ``figure D-57.1'' at the
end of the first sentence are revised to read ``Figure D-57.6''.
10. In Sec. 1926.57(g)(5)(viii), the words ``figure D-57.2'' at the
end of the first sentence are revised to read ``Figure D 57.7''.
11. In Sec. 1926.57(g)(5)(x), the words ``figure D-57.3'' at the
end of the last sentence are revised to read ``Figure D-57.8''.
12. In Sec. 1926.57(g)(5), the illustrations are amended as
follows:
a. The caption ``Figure D-57.1--Vertical Spindle Disc Grinder
Exhaust Hood and Branch Pipe Connections'' is added below the
illustration that immediately follows Sec. 1926.57(g)(5)(x).
b. The caption ``Figure D-57.2--Standard Grinder Hood'' is added
below the second illustration following Sec. 1926.57(g)(5)(x)
(preceding the table on wheel dimensions).
c. The caption ``Figure D-57.3--A Method of Applying an Exhaust
Enclosure to Swing-Frame Grinders'' and the words ``Note: Baffle to
reduce front opening as much as possible'' are added below the third
illustration.
d. The caption ``Figure D-57.4'' is added below the fourth
illustration (preceding the table on Standard Buffing and Polishing
Hood).
e. Below the fifth illustration that precedes Table D-57.12, the
caption ``Figure D-57.5--Cradle Polishing or Grinding Enclosure'' and
the words ``Entry loss = 0.45 velocity pressure for tapered takeoff''
are added.
f. Table D-57.12, entitled ``Maximum Allowable Size of Containers
and Portable Tanks'' is removed.
g. Immediately below the sixth illustration, preceding the table,
the caption ``Figure D-57.6--Horizontal Single-Spindle Disc Grinder
Exhaust Hood and Branch Pipe Connections'' is added.
h. Below the illustration that follows newly designated Figure D-
57.6 and precedes the table, the caption ``Figure D-57.7--Horizontal
Double-Spindle Disc Grinder Exhaust Hood and Branch Pipe Connections''
is added.
i. In the caption for the illustration that appears before the
table on Belt width, number ``Figure D-57.3'' is revised to read
``Figure D-57.8'' and the words ``Entry loss = 0.45 velocity pressure
for tapered takeoff'' are added immediately below that caption.
13. In Sec. 1926.57(i)(2)(i), the reference ``D-57.4'' is revised
to read ``D-4''.
14. In Table D-57.12, which appears following
Sec. 1926.57(i)(4)(iii)(A)(2), footnote 2 is amended by revising ``he''
to read ``the''.
Subpart E--Personal Protective and Life Saving Equipment
15. The authority citation for subpart E is revised to read as
follows:
Authority: Sec. 107, Contract Work Hours and Safety Standards
Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6 and 8,
Occupational Safety and Health Act of 1970 (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), or 1-90 (55 FR 9033), as applicable; and
29 CFR part 1911.
Sec. 1926.103 [Amended]
16. In Sec. 1926.103(a)(2), the phrase ``approved by the U.S.
Bureau of Mines'' is revised to read ``approved by the Mine Safety and
Health Administration and the National Institute for Occupational
Safety and Health''.
Subpart I--Tools--Hand and Power
17. The authority citation for subpart I continues to read as
follows:
Authority: Sec. 107, Contract Work Hours and Safety Standards
Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6 and 8,
Occupational Safety and Health Act of 1970 (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), or 1-90 (55 FR 9033), as applicable; and
29 CFR part 1911.
18. In Sec. 1926.300(b)(7), the two references that read
``paragraphs (b) (3) and (4) of this section'' are revised to read
``paragraphs (b) (8) and (9) of this section.''; the parenthetical at
the end of paragraph (b)(7) is revised to read ``(See Figures I-1
through I-6.)''; Figures I-1 through I-6 are added at the end of
paragraph (b)(7); and paragraphs (b) (8) and (9) are added to read as
follows:
Sec. 1926.300 General requirements.
* * * * *
(b) * * *
(7) * * *
[GRAPHIC] [TIFF OMITTED] TR07MR96.000
Figure I-1 Figure I-2
Correct
Showing adjustable tongue giving required angle protection for all sizes
of wheel used.
[[Page 9251]]
[GRAPHIC] [TIFF OMITTED] TR07MR96.001
Figure I-3 Figure I-4
Correct
Showing movable guard with opening small enough to give required
protection for the smallest size wheel used.
[GRAPHIC] [TIFF OMITTED] TR07MR96.002
Figure I-5 Figure I-6
Incorrect
Showing movable guard with size of opening correct for full size wheel
but too large for smaller wheel.
(8) Bench and floor stands. The angular exposure of the grinding
wheel periphery and sides for safety guards used on machines known as
bench and floor stands should not exceed 90 deg. or one-fourth of the
periphery. This exposure shall begin at a point not more than 65 deg.
above the horizontal plane of the wheel spindle. (See Figures I-7 and
I-8 and paragraph (b)(7) of this section.)
[GRAPHIC] [TIFF OMITTED] TR07MR96.003
Figure I-7 Figure I-8
Wherever the nature of the work requires contact with the wheel below
the horizontal plane of the spindle, the exposure shall not exceed 125
deg. (See Figures I-9 and I-10.)
[GRAPHIC] [TIFF OMITTED] TR07MR96.004
Figure I-9 Figure I-10
(9) Cylindrical grinders. The maximum angular exposure of the grinding
wheel periphery and sides for safety guards used on cylindrical
grinding machines shall not exceed 180 deg.. This exposure shall begin
at a point not more than 65 deg. above the horizontal plane of the
wheel spindle. (See Figures I-11 and I-12 and paragraph (b)(7) of this
section.)
[GRAPHIC] [TIFF OMITTED] TR07MR96.005
Figure I-11 Figure I-12
Sec. 1926.304 [Amended]
19. In Sec. 1926.304(h)(1), the reference to ``paragraph (c)(1) of
this section'' is revised to read ``paragraph (i)(1) of this section''.
Subpart K--Electrical
20. The authority citation for subpart K is revised to read as
follows:
Authority: Sections 6 and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 655 and 657); sec. 107, Contract Work
Hours and Safety Standards Act (40 U.S.C. 333); Secretary of Labor's
Order No. 9-83 (48 FR 35736) or 1-90 (55 FR 9033), as applicable; 29
CFR part 1911.
Sec. 1926.416 [Amended]
21. In the first sentence of Sec. 1926.416(f)(6), the phrase
``circuit protective device, the circuit protective device'' is revised
to read ``circuit protective device.''
22. In Sec. 1926.416(g)(2)(iii)(B), ``ground)'' is revised to read
``ground''.
23. In Sec. 1926.416(g)(7), the words ``such a'' that appear at the
beginning of the parenthetical phrase in the first sentence are revised
to read ``such as''.
Sec. 1926.417 [Amended]
24. In the note that appears under Sec. 1926.417(d)(1), the words
``paragraph (b) of this section'' are revised to read ``paragraph (d)
of this section''.
Subpart W--Rollover Protective Structures; Overhead Protection
25. The authority citation for subpart W is revised to read as
follows:
Authority: Sec. 107, Contract Work Hours and Safety Standards
Act (Construction Safety Act), 40 U.S.C. 333; secs. 4, 6, and 8,
Occupational Safety and Health Act of 1970 (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), or 1-90 (55 FR 9033), as applicable.
26. In Sec. 1926.1002, the section heading is revised; paragraphs
(c) through (i) are removed and reserved; paragraphs (j)(3) and (k) are
removed; and the following new second and third sentences are added
after the first sentence in paragraph (a)(1) to read as follows:
Sec. 1926.1002 Protective frames (roll-over protective structures,
known as ROPS) for wheel-type agricultural and industrial tractors used
in construction.
(a) * * *
(1) * * * These frames shall meet the test and performance
requirements of the Society of Automotive Engineers Standard J334a-
1970, Protective Frame Test Procedures and Performance Requirements,
which is incorporated by reference. The incorporation by reference was
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the
Society of Automotive Engineers, 485 Lexington Avenue, New York, NY
10017. Copies may be inspected at the OSHA Docket Office, U.S.
Department of Labor, 200 Constitution Ave., NW., Room N2634, or at the
Office of the Federal Register, 800 North Capitol St., NW., Suite 700,
Washington, D.C. The standard also appears in the 1971 SAE Handbook,
which may be examined in each of OSHA's Regional Offices. * * *
* * * * *
27. In Sec. 1926.1003, paragraphs (c) through (g) are removed, the
first sentence in paragraph (a)(1) is revised, and four new sentences
are added after the first sentence to read as follows:
Sec. 1926.1003 Overhead protection for operators of agricultural and
industrial tractors.
(a) General--(1) Purpose. When overhead protection is provided on
wheel-type agricultural and industrial tractors, the overhead
protection shall be designed and installed according to the
requirements contained in the test and performance requirements of
Society of Automotive Engineers Standard J167-1970, Protective Frame
with Overhead Protection-Test Procedures and Performance Requirements,
which pertains to overhead protection requirements and is incorporated
by reference. The incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Copies may be obtained from the Society of Automotive
Engineers, 485 Lexington Avenue, New York, NY 10017. Copies may be
inspected at the OSHA Docket Office, U.S. Department of Labor, 200
Constitution Ave., NW., Room N2634, or at the Office of the Federal
Register, 800 North Capitol St., NW., Suite 700, Washington, D.C. The
standard also appears in the 1971 SAE Handbook, which may be examined
in each of OSHA's Regional Offices. * * *
* * * * *
[[Page 9252]]
Subpart Y--Diving
28. An authority citation for subpart Y is added to read as
follows:
Authority: Sections 4, 6, and 8, Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, 657); sec. 107, Contract Work Hours
and Safety Standards Act (the Construction Safety Act) (40 U.S.C.
333); sec. 41, Longshore and Harbor Workers' Compensation Act (33
U.S.C. 941); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76
(41 FR 25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as
applicable; 29 CFR part 1911.
Subpart Z--Toxic and Hazardous Substances
29. The authority citation for subpart Z of part 1926 is revised to
read as follows:
Authority: Sections 6 and 8, Occupational Safety and Health Act
of 1970 (29 U.S.C. 655 and 657); Secretary of Labor's Order No. 12-
71 (36 FR 8754), 8-76 (41 FR 25059), or 1-90 (55 FR 9033), as
applicable.
Section 1926.1102 not issued under 29 U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 553.
Section 1926.1103 through 1926.1118, 1926.1128, 1926.1145,
1926.1147, and 1926.1148 are also issued under 29 U.S.C. 653.
30. Section 1926.1103 is revised to read as follows:
Sec. 1926.1103 13 Carcinogens.
(a) Scope and application. (1) This section applies to any area in
which the 13 carcinogens addressed by this section are manufactured,
processed, repackaged, released, handled, or stored, but shall not
apply to transshipment in sealed containers, except for the labeling
requirements under paragraphs (e) (2), (3) and (4) of this section. The
13 carcinogens are the following:
4-Nitrobiphenyl, Chemical Abstracts Service Register Number (CAS
No.) 92933;
alpha-Naphthylamine, CAS No. 134327;
methyl chloromethyl ether, CAS No. 107302;
3,3'-Dichlorobenzidine (and its salts) CAS No. 91941;
bis-Chloromethyl ether, CAS No. 542881;
beta-Naphthylamine, CAS No. 91598;
Benzidine, CAS No. 92875;
4-Aminodiphenyl, CAS No. 92671;
Ethyleneimine, CAS No. 151564;
beta-Propiolactone, CAS No. 57578;
2-Acetylaminofluorene, CAS No. 53963;
4-Dimethylaminoazo-benezene, CAS No. 60117; and
N-Nitrosodimethylamine, CAS No. 62759.
(2) This section shall not apply to the following:
(i) Solid or liquid mixtures containing less than 0.1 percent by
weight or volume of 4-Nitrobiphenyl; methyl chloromethyl ether; bis-
chloromethyl ether; beta-Naphthylamine; benzidine or 4-Aminodiphenyl;
and
(ii) Solid or liquid mixtures containing less than 1.0 percent by
weight or volume of alpha-Naphthylamine; 3,3'-Dichlorobenzidine (and
its salts); Ethyleneimine; beta-Propiolactone; 2-Acetylaminofluorene;
4-Dimethylaminoazobenzene, or N-Nitrosodimethylamine.
(b) Definitions. For the purposes of this section:
Absolute filter is one capable of retaining 99.97 percent of a mono
disperse aerosol of 0.3 m particles.
Authorized employee means an employee whose duties require him to
be in the regulated area and who has been specifically assigned by the
employer.
Clean change room means a room where employees put on clean
clothing and/or protective equipment in an environment free of the 13
carcinogens addressed by this section. The clean change room shall be
contiguous to and have an entry from a shower room, when the shower
room facilities are otherwise required in this section.
Closed system means an operation involving a carcinogen addressed
by this section where containment prevents the release of the material
into regulated areas, non-regulated areas, or the external environment.
Decontamination means the inactivation of a carcinogen addressed by
this section or its safe disposal.
Director means the Director, National Institute for Occupational
Safety and Health, or any person directed by him or the Secretary of
Health and Human Services to act for the Director.
Disposal means the safe removal of the carcinogens addressed by
this section from the work environment.
Emergency means an unforeseen circumstance or set of circumstances
resulting in the release of a carcinogen addressed by this section that
may result in exposure to or contact with the material.
External environment means any environment external to regulated
and nonregulated areas.
Isolated system means a fully enclosed structure other than the
vessel of containment of a carcinogen addressed by this section that is
impervious to the passage of the material and would prevent the entry
of the carcinogen addressed by this section into regulated areas,
nonregulated areas, or the external environment, should leakage or
spillage from the vessel of containment occur.
Laboratory-type hood is a device enclosed on the three sides and
the top and bottom, designed and maintained so as to draw air inward at
an average linear face velocity of 150 feet per minute with a minimum
of 125 feet per minute; designed, constructed, and maintained in such a
way that an operation involving a carcinogen addressed by this section
within the hood does not require the insertion of any portion of any
employee's body other than his hands and arms.
Nonregulated area means any area under the control of the employer
where entry and exit is neither restricted nor controlled.
Open-vessel system means an operation involving a carcinogen
addressed by this section in an open vessel that is not in an isolated
system, a laboratory-type hood, nor in any other system affording
equivalent protection against the entry of the material into regulated
areas, non-regulated areas, or the external environment.
Protective clothing means clothing designed to protect an employee
against contact with or exposure to a carcinogen addressed by this
section.
Regulated area means an area where entry and exit is restricted and
controlled.
(c) Requirements for areas containing a carcinogen addressed by
this section. A regulated area shall be established by an employer
where a carcinogen addressed by this section is manufactured,
processed, used, repackaged, released, handled or stored. All such
areas shall be controlled in accordance with the requirements for the
following category or categories describing the operation involved:
(1) Isolated systems. Employees working with a carcinogen addressed
by this section within an isolated system such as a ``glove box'' shall
wash their hands and arms upon completion of the assigned task and
before engaging in other activities not associated with the isolated
system.
(2) Closed system operation. (i) Within regulated areas where the
carcinogens addressed by this section are stored in sealed containers,
or contained in a closed system, including piping systems, with any
sample ports or openings closed while the carcinogens addressed by this
section are contained within, access shall be restricted to authorized
employees only.
(ii) Employees exposed to 4-Nitrobiphenyl; alpha-Naphthylamine;
3,3'-Dichlorobenzidine (and its salts); beta-Naphthylamine; benzidine;
4-Aminodiphenyl; 2-Acetyleminofluorene; 4-Dimethylaminoazo-benzene; and
N-Nitrosodimethylamine shall be required to wash hands, forearms, face,
and neck upon each exit from the regulated areas,
[[Page 9253]]
close to the point of exit, and before engaging in other activities.
(3) Open-vessel system operations. Open-vessel system operations as
defined in paragraph (b)(13) of this section are prohibited.
(4) Transfer from a closed system, charging or discharging point
operations, or otherwise opening a closed system. In operations
involving ``laboratory-type hoods,'' or in locations where the
carcinogens addressed by this section are contained in an otherwise
``closed system,'' but is transferred, charged, or discharged into
other normally closed containers, the provisions of this paragraph
shall apply.
(i) Access shall be restricted to authorized employees only.
(ii) Each operation shall be provided with continuous local exhaust
ventilation so that air movement is always from ordinary work areas to
the operation. Exhaust air shall not be discharged to regulated areas,
nonregulated areas or the external environment unless decontaminated.
Clean makeup air shall be introduced in sufficient volume to maintain
the correct operation of the local exhaust system.
(iii) Employees shall be provided with, and required to wear,
clean, full body protective clothing (smocks, coveralls, or long-
sleeved shirt and pants), shoe covers and gloves prior to entering the
regulated area.
(iv) Employees engaged in handling operations involving the
carcinogens addressed by this section shall be provided with and
required to wear and use a half-face, filter-type respirator for dusts,
mists, and fumes, in accordance with Sec. 1926.103. A respirator
affording higher levels of protection may be substituted.
(v) Prior to each exit from a regulated area, employees shall be
required to remove and leave protective clothing and equipment at the
point of exit and at the last exit of the day, to place used clothing
and equipment in impervious containers at the point of exit for
purposes of decontamination or disposal. The contents of such
impervious containers shall be identified, as required under paragraphs
(e) (2), (3), and (4) of this section.
(vi) Drinking fountains are prohibited in the regulated area.
(vii) Employees shall be required to wash hands, forearms, face,
and neck on each exit from the regulated area, close to the point of
exit, and before engaging in other activities and employees exposed to
4-Nitrobiphenyl; alpha-Naphthylamine; 3,3'-Dichlorobenzidine (and its
salts); beta-Naphthylamine; Benzidine; 4-Aminodiphenyl; 2-
Acetylaminofluorene; 4-imethylaminoazo-benzene; and N-
Nitrosodimethylamine shall be required to shower after the last exit of
the day.
(5) Maintenance and decontamination activities. In cleanup of leaks
of spills, maintenance, or repair operations on contaminated systems or
equipment, or any operations involving work in an area where direct
contact with a carcinogen addressed by this section could result, each
authorized employee entering that area shall:
(i) Be provided with and required to wear clean, impervious
garments, including gloves, boots, and continuous-air supplied hood in
accordance with Sec. 1926.103;
(ii) Be decontaminated before removing the protective garments and
hood;
(iii) Be required to shower upon removing the protective garments
and hood.
(d) General regulated area requirements--(1) [Reserved]
(2) Emergencies. In an emergency, immediate measures including, but
not limited to, the requirements of paragraphs (d)(2) (i) through (v)
of this section shall be implemented.
(i) The potentially affected area shall be evacuated as soon as the
emergency has been determined.
(ii) Hazardous conditions created by the emergency shall be
eliminated and the potentially affected area shall be decontaminated
prior to the resumption of normal operations.
(iii) Special medical surveillance by a physician shall be
instituted within 24 hours for employees present in the potentially
affected area at the time of the emergency. A report of the medical
surveillance and any treatment shall be included in the incident
report, in accordance with paragraph (f)(2) of this section.
(iv) Where an employee has a known contact with a carcinogen
addressed by this section, such employee shall be required to shower as
soon as possible, unless contraindicated by physical injuries.
(v) An incident report on the emergency shall be reported as
provided in paragraph (f)(2) of this section.
(vi) Emergency deluge showers and eyewash fountains supplied with
running potable water shall be located near, within sight of, and on
the same level with locations where a direct exposure to Ethyleneimine
or beta-Propiolactone only would be most likely as a result of
equipment failure or improper work practice.
(3) Hygiene facilities and practices. (i) Storage or consumption of
food, storage or use of containers of beverages, storage or application
of cosmetics, smoking, storage of smoking materials, tobacco products
or other products for chewing, or the chewing of such products are
prohibited in regulated areas.
(ii) Where employees are required by this section to wash, washing
facilities shall be provided in accordance with Sec. 1926.51(f) (2) and
(3).
(iii) Where employees are required by this section to shower,
shower facilities shall be provided in accordance with
Sec. 1926.51(f)(4).
(iv) Where employees wear protective clothing and equipment, clean
change rooms shall be provided for the number of such employees
required to change clothes, in accordance with Sec. 1926.51(i).
(v) Where toilets are in regulated areas, such toilets shall be in
a separate room.
(4) Contamination control. (i) Except for outdoor systems,
regulated areas shall be maintained under pressure negative with
respect to nonregulated areas. Local exhaust ventilation may be used to
satisfy this requirement. Clean makeup air in equal volume shall
replace air removed.
(ii) Any equipment, material, or other item taken into or removed
from a regulated area shall be done so in a manner that does not cause
contamination in nonregulated areas or the external environment.
(iii) Decontamination procedures shall be established and
implemented to remove carcinogens addressed by this section from the
surfaces of materials, equipment, and the decontamination facility.
(iv) Dry sweeping and dry mopping are prohibited for 4-
Nitrobiphenyl; alpha-Naphthylamine; 3,3'-Dichlorobenzidine (and its
salts); beta-Naphthylamine; Benzidine; 4-Aminodiphenyl; 2-
Acetylaminofluorene; 4-Dimethylaminoazo-benzene and N-
Nitrosodimethylamine.
(e) Signs, information and training--(1) Signs--(i) Entrances to
regulated areas shall be posted with signs bearing the legend:
CANCER-SUSPECT AGENT
AUTHORIZED PERSONNEL ONLY
(ii) Entrances to regulated areas containing operations covered in
paragraph (c)(5) of this section shall be posted with signs bearing the
legend:
[[Page 9254]]
CANCER-SUSPECT AGENT EXPOSED IN THIS AREA
IMPERVIOUS SUIT INCLUDING GLOVES, BOOTS, AND AIR-SUPPLIED HOOD REQUIRED
AT ALL TIMES
AUTHORIZED PERSONNEL ONLY
(iii) Appropriate signs and instructions shall be posted at the
entrance to, and exit from, regulated areas, informing employees of the
procedures that must be followed in entering and leaving a regulated
area.
(2) Container contents identification. (i) Containers of a
carcinogen addressed by this section and containers required under
paragraphs (c)(4)(v) and (c)(6) (vii)(B) and (viii)(B) of this section
that are accessible only to and handled only by authorized employees,
or by other employees trained in accordance with paragraph (e)(5) of
this section, may have contents identification limited to a generic or
proprietary name or other proprietary identification of the carcinogen
and percent.
(ii) Containers of a carcinogen addressed by this section and
containers required under paragraphs (c)(4)(v) and (c)(6) (vii)(B), and
(viii)(B) of this section that are accessible to or handled by
employees other than authorized employees or employees trained in
accordance with paragraph (e)(5) of this section shall have contents
identification that includes the full chemical name and Chemical
Abstracts Service Registry number as listed in paragraph (a)(1) of this
section.
(iii) Containers shall have the warning words ``CANCER-SUSPECT
AGENT'' displayed immediately under or adjacent to the contents
identification.
(iv) Containers whose contents are carcinogens addressed by this
section with corrosive or irritating properties shall have label
statements warning of such hazards noting, if appropriate, particularly
sensitive or affected portions of the body.
(3) Lettering. Lettering on signs and instructions required by
paragraph (e)(1) of this section shall be a minimum letter height of 2
inches (5 cm). Labels on containers required under this section shall
not be less than one half the size of the largest lettering on the
package, and not less than 8-point type in any instance. Provided, That
no such required lettering need be more than 1 inch (2.5 cm) in height.
(4) Prohibited statements. No statement shall appear on or near any
required sign, label, or instruction that contradicts or detracts from
the effect of any required warning, information, or instruction.
(5) Training and indoctrination. (i) Each employee prior to being
authorized to enter a regulated area, shall receive a training and
indoctrination program including, but not necessarily limited to:
(A) The nature of the carcinogenic hazards of a carcinogen
addressed by this section, including local and systemic toxicity;
(B) The specific nature of the operation involving a carcinogen
addressed by this section that could result in exposure;
(C) The purpose for and application of the medical surveillance
program, including, as appropriate, methods of self-examination;
(D) The purpose for and application of decontamination practices
and purposes;
(E) The purpose for and significance of emergency practices and
procedures;
(F) The employee's specific role in emergency procedures;
(G) Specific information to aid the employee in recognition and
evaluation of conditions and situations which may result in the release
of a carcinogen addressed by this section;
(H) The purpose for and application of specific first aid
procedures and practices;
(I) A review of this section at the employee's first training and
indoctrination program and annually thereafter.
(ii) Specific emergency procedures shall be prescribed, and posted,
and employees shall be familiarized with their terms, and rehearsed in
their application.
(iii) All materials relating to the program shall be provided upon
request to authorized representatives of the Assistant Secretary and
the Director.
(f) Reports--(1) Operations. The information required in paragraphs
(f)(1) (i) through (iv) of this section shall be reported in writing to
the nearest OSHA Area Director. Any changes in such information shall
be similarly reported in writing within 15 calendar days of such
change:
(i) A brief description and in-plant location of the area(s)
regulated and the address of each regulated area;
(ii) The name(s) and other identifying information as to the
presence of a carcinogen addressed by this section in each regulated
area;
(iii) The number of employees in each regulated area, during normal
operations including maintenance activities; and
(iv) The manner in which carcinogens addressed by this section are
present in each regulated area; for example, whether it is
manufactured, processed, used, repackaged, released, stored, or
otherwise handled.
(2) Incidents. Incidents that result in the release of a carcinogen
addressed by this section into any area where employees may be
potentially exposed shall be reported in accordance with this
paragraph.
(i) A report of the occurrence of the incident and the facts
obtainable at that time including a report on any medical treatment of
affected employees shall be made within 24 hours to the nearest OSHA
Area Director.
(ii) A written report shall be filed with the nearest OSHA Area
Director within 15 calendar days thereafter and shall include:
(A) A specification of the amount of material released, the amount
of time involved, and an explanation of the procedure used in
determining this figure;
(B) A description of the area involved, and the extent of known and
possible employee exposure and area contamination;
(C) A report of any medical treatment of affected employees, and
any medical surveillance program implemented; and
(D) An analysis of the circumstances of the incident and measures
taken or to be taken, with specific completion dates, to avoid further
similar releases.
(g) Medical surveillance. At no cost to the employee, a program of
medical surveillance shall be established and implemented for employees
considered for assignment to enter regulated areas, and for authorized
employees.
(1) Examinations. (i) Before an employee is assigned to enter a
regulated area, a preassignment physical examination by a physician
shall be provided. The examination shall include the personal history
of the employee, family and occupational background, including genetic
and environmental factors.
(ii) Authorized employees shall be provided periodic physical
examinations, not less often than annually, following the preassignment
examination.
(iii) In all physical examinations, the examining physician shall
consider whether there exist conditions of increased risk, including
reduced immunological competence, those undergoing treatment with
steroids or cytotoxic agents, pregnancy, and cigarette smoking.
(2) Records. (i) Employers of employees examined pursuant to this
paragraph shall cause to be maintained complete and accurate records of
all such medical examinations. Records shall be maintained for the
duration of the employee's employment. Upon termination of the
employee's employment, including retirement or
[[Page 9255]]
death, or in the event that the employer ceases business without a
successor, records, or notarized true copies thereof, shall be
forwarded by registered mail to the Director.
(ii) Records required by this paragraph shall be provided upon
request to employees, designated representatives, and the Assistant
Secretary in accordance with 29 CFR 1926.33 (a) through (e) and (g)
through (i). These records shall also be provided upon request to the
Director.
(iii) Any physician who conducts a medical examination required by
this paragraph shall furnish to the employer a statement of the
employee's suitability for employment in the specific exposure.
Secs. 1926.1104-1926.1116 [Amended]
31. In Secs. 1926.1104, 1926.1106, 1926.1107, 1926.1108, 1926.1109,
1926.1110, 1926.1111, 1926.1112, 1926.1113, 1926.1114, 1926.1115, and
1926.1116, the text is removed in its entirety and replaced with the
following text (below the section heading) in each section: ``See
Sec. 1926.1103, 13 carcinogens.''
Appendix A to Part 1926--[Amended]
32. In Appendix A to part 1926, the entry in the first column for
new ``Sec. 1926.250(d)'' is revised to read ``Sec. 1926.250(d) (1)-
(4)'' and the corresponding entry in the second column opposite that
entry is revised to read ``Sec. 1910.30(a) (1), (2), (4), and (5)''.
33. In Appendix A to part 1926, the entry ``[Do.] (8) and (9)'' is
added to the first column underneath the entries for Sec. 1926.300(b)
and a corresponding entry, ``[Do.] (b) (3) and (4)'' is added to the
second column opposite that entry.
34. In appendix A to part 1926, the entry in the first column for
new Sec. 1926.416(f) that reads ``[Do.] (7)-(10)'' is revised to read
``[Do.] (7)-(9)'' and a new entry in the first column for
Sec. 1926.416(f) that reads ``[Do.] (10)'' is added along with a
corresponding entry in the second column opposite that entry that reads
``[Do.] (d)''.
PART 1928-OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR AGRICULTURE
1. The authority citation for part 1928 continues to read as
follows:
Authority: Sections 4, 6, and 8, Occupational Safety and Health
Act of 1970 (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), or
1-90 (55 FR 9033), as applicable.
Subpart B--Applicability of standards
2. In Sec. 1928.21, a new paragraph (a)(6) is added to read as
follows:
Sec. 1928.21 Applicable standards in 29 CFR part 1910.
(a) * * *
* * * * *
(6) Cadmium--Sec. 1910.1027.
* * * * *
Subpart C--Rollover Protective Structures
3. In Sec. 1928.51, footnote 1 in paragraph (b)(2)(ii) introductory
text is redesignated as footnote 2, and paragraph (b)(1) is revised to
read as follows:
Sec. 1928.51 Roll-over protective structures (ROPS) for tractors used
in agricultural operations.
* * * * *
(b) * * *
(1) Roll-over protective structures (ROPS). A roll-over protective
structures (ROPS) shall be provided by the employer for each tractor
operated by an employee. Except as provided in paragraph (b)(5) of this
section, ROPS used on wheel-type tractors shall meet the test and
performance requirements of the American Society of Agricultural
Engineers Standard (ASAE) Standard S306.3-1974 entitled ``Protective
Frame for Agricultural Tractors--Test Procedures and Performance
Requirements'' and Society of Automotive Engineers (SAE) Standard J334-
1970, entitled ``Protective Frame Test Procedures and Performance
Requirements'' (formerly codified in 29 CFR 1928.52); or ASAE Standard
S336.1-1974, entitled ``Protective Enclosures for Agricultural
Tractors--Test Procedures and Performance Requirements'' and SAE J168-
1970, entitled ``Protective Enclosures--Test Procedures and Performance
Requirements'' (formerly codified in 29 CFR 1928.53) 1; or
Sec. 1926.1002 of OSHA's construction standards. These ASAE and SAE
standards are incorporated by reference and have been approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Copies may be obtained from either the American Society
of Agricultural Engineers Standard, 2950 Niles Road, Post Office Box
229, St. Joseph, MI 49085, or the Society of Automotive Engineers, 485
Lexington Avenue, New York, NY 10017. Copies may be inspected at the
OSHA Docket Office, U.S. Department of Labor, 200 Constitution Ave.,
NW., Room N2634, or at the Office of the Federal Register, 800 North
Capitol St., NW., Suite 700, Washington, D.C. ROPS used on track-type
tractors shall meet the test and performance requirements of
Sec. 1926.1001 of this title.
---------------------------------------------------------------------------
\1\ In March 1977, the American Society of Agricultural
Engineers merged S306 and S336, along with Standard 305, entitled
``Operator Protection for Wheel Type Agricultural Tractors,'' into
ASAE S383, which addresses ROPS for wheeled agricultural tractors.
---------------------------------------------------------------------------
* * * * *
Secs. 1928.52-1928.53 [Removed]
4. Sections 1928.52 and 1928.53 are removed.
Appendix B to Subpart C of Part 1928
5. Appendix B to subpart C of part 1928 is removed.
Subpart M--Occupational Health
6. Section 1928.1027 is revised to read as follows:
Sec. 1928.1027 Cadmium.
See Sec. 1910.1027, Cadmium.
PART 1950--[REMOVED]
1. Part 1950 is removed.
PART 1951--[REMOVED]
1. Part 1951 is removed.
[FR Doc. 96-5282 Filed 3-6-96; 8:45 am]
BILLING CODE 4510-26-P
Complete official Federal Register PDF
FR Doc. 96-5253 Airworthiness Directives; Boeing Model 767 Series Airplanes Equipped With General Electric CF6-80C2 Series Engines
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9091-9096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5253]
-----------------------------------------------------------------------
[[Page 9092]]
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-NM-28-AD; Amendment 39-9528; AD 95-13-12 R1]
Airworthiness Directives; Boeing Model 767 Series Airplanes
Equipped With General Electric CF6-80C2 Series Engines
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This amendment clarifies information in an existing
airworthiness directive (AD), applicable to certain Boeing Model 767
series airplanes, that currently requires tests, inspections, and
adjustments of the thrust reverser system. That AD also requires
installation of a terminating modification and repetitive follow-on
actions. The actions specified in that AD are intended to prevent
possible discrepancies that exist in the current thrust reverser
control system, which could result in inadvertent deployment of a
thrust reverser during flight. This amendment clarifies the
requirements of the current AD by specifying a revised number of pound-
inches of torque operators should use when performing the torque check
of the cone brake of the center drive unit (CDU). This amendment is
prompted by information from the manufacturer that a current
requirement of the AD requires clarification.
DATES: Effective August 18, 1995.
The incorporation by reference of certain publications listed in
the regulations was approved previously by the Director of the Federal
Register as of August 18, 1995 (60 FR 36976, July 19, 1995).
FOR FURTHER INFORMATION CONTACT: Nancy Hanowski, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Transport Airplane Directorate,
Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone (206) 227-2684; fax (206) 227-1181.
SUPPLEMENTARY INFORMATION: On June 22, 1995, the FAA issued AD 95-13-
12, amendment 39-9292 (60 FR 36976, July 19, 1995), which is applicable
to certain Boeing Model 767 series airplanes. That AD requires tests,
inspections, and adjustments of the thrust reverser system. That AD
also requires installation of a terminating modification and repetitive
follow-on actions. That action was prompted by the identification of a
modification that ensures that the level of safety inherent in the
original type design of the thrust reverser system is further enhanced.
The actions required by that AD are intended to prevent possible
discrepancies that exist in the current thrust reverser control system,
which could result in inadvertent deployment of a thrust reverser
during flight.
Since the issuance of that AD, the manufacturer has advised the FAA
that a torque check value specified in Appendix 1 of the AD requires
clarification. The procedures originally provided to the FAA for
accomplishment of a torque check of the cone brake of the center drive
unit (CDU) indicate that operators should not use more than 130 pound-
inches of torque when performing the check. While using 130 pound-
inches of torque would not damage the CDU, the manufacturer has advised
the FAA that 100 pound-inches of torque is the appropriate value.
Accomplishing the torque check up to 100 pound-inches is intended to
identify a CDU having a decaying torque level due to a soft shaft
problem, while at the same time not exposing the brake to unnecessarily
high torque/stress levels.
Action is taken herein to clarify this requirement of AD 95-13-12
and to correctly add the AD as an amendment to section 39.13 of the
Federal Aviation Regulations (14 CFR 39.13).
The final rule is being reprinted in its entirety for the
convenience of affected operators. The effective date remains August
18, 1995.
Since this action only clarifies a current requirement, it has no
adverse economic impact and imposes no additional burden on any person.
Therefore, notice and public procedures hereon are unnecessary.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Correction
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-9292 (60 FR
36976, July 19, 1995), and by adding a new airworthiness directive
(AD), amendment 39-9528, to read as follows:
95-13-12 R1 Boeing: Amendment 39-9528. Docket 94-NM-28-AD.
Revises AD 95-13-12, Amendment 39-9292.
Applicability: Model 767 series airplanes equipped with General
Electric CF6-80C2 series engines, certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (f) of this AD to request approval from the
FAA. This approval may address either no action, if the current
configuration eliminates the unsafe condition; or different actions
necessary to address the unsafe condition described in this AD. Such
a request should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To ensure the integrity of the fail-safe features of the thrust
reverser system, accomplish the following:
(a) Within 30 days after October 15, 1991 (the effective date of
AD 91-22-02, amendment 39-8062), perform tests, inspections, and
adjustments of the thrust reverser system in accordance with Boeing
Service Bulletin 767-78-0047, dated August 22, 1991; Revision 1,
dated March 26, 1992; Revision 2, dated January 21, 1993; or
Revision 3, dated July 28, 1994. After the effective date of this
AD, those actions shall be accomplished only in accordance with
Revision 3 of the service bulletin.
(1) Except as provided by paragraph (a)(2) of this AD, repeat
all tests and inspections thereafter at intervals not to exceed
3,000 flight hours until the modification required by paragraph (c)
of this AD is accomplished.
(2) Repeat the check of the grounding wire for the Directional
Pilot Valve (DPV) of the thrust reverser in accordance with the
service bulletin at intervals not to exceed 1,500 flight hours, and
whenever maintenance action is taken that would disturb the DPV
grounding circuit, until the modification required by paragraph (c)
of this AD is accomplished.
(b) If any of the tests and/or inspections required by paragraph
(a) of this AD cannot be successfully performed, or if those tests
and/or inspections result in findings that are unacceptable in
accordance with Boeing Service Bulletin 767-78-0047, dated August
22, 1991; Revision 1, dated March 26, 1992; Revision 2, dated
January 21, 1993; or Revision 3, dated July 28, 1994; accomplish
paragraphs (b)(1) and (b)(2) of this AD. After the effective date of
this AD, the actions required by paragraphs (b)(1) and (b)(2) shall
be accomplished only in accordance with Revision 3 of the service
bulletin.
(1) Prior to further flight, deactivate the associated thrust
reverser in accordance with Section 78-31-1 of Boeing Document
D630T002, ``Boeing 767 Dispatch Deviation
[[Page 9093]]
Guide,'' Revision 9, dated May 1, 1991; or Revision 10, dated
September 1, 1992. After the effective date of this AD, this action
shall be accomplished only in accordance with Revision 10 of the
Boeing document. No more than one reverser on any airplane may be
deactivated under the provisions of this paragraph.
(2) Within 10 days after deactivation of any thrust reverser in
accordance with this paragraph, the thrust reverser must be repaired
in accordance with Boeing Service Bulletin 767-78-0047, dated August
22, 1991; Revision 1, dated March 26, 1992; Revision 2, dated
January 21, 1993; or Revision 3, dated July 28, 1994. After the
effective date of this AD, the repair shall be accomplished only in
accordance with Revision 3 of the service bulletin. Additionally,
the tests and/or inspections required by paragraph (a) of this AD
must be successfully accomplished; once this is accomplished, the
thrust reverser must then be reactivated.
(c) Within 3 years after the effective date of this AD, install
a third locking system on the left- and right-hand engine thrust
reversers in accordance with Boeing Service Bulletin 767-78-0063,
Revision 2, dated April 28, 1994.
Note 2: The Boeing service bulletin references General Electric
Service Bulletin 78-135 as an additional source of service
information for accomplishment of the third locking system on the
thrust reversers. However, the Boeing service bulletin does not
specify the appropriate revision level for the General Electric
service bulletin. The appropriate revision level for the General
Electric service bulletin to be used in conjunction with the Boeing
service bulletin is Revision 3, dated August 2, 1994.
(d) Within 4,000 flight hours after accomplishing the
modification required by paragraph (c) of this AD, or within 4,000
flight hours after the effective date of this AD, whichever occurs
later; and thereafter at intervals not to exceed 4,000 flight hours;
perform operational checks of the electro-mechanical brake and the
cone brake of the center drive unit in accordance with Appendix 1
(including Figure 1) of this AD.
(e) Accomplishment of the modification and periodic operational
checks required by paragraphs (c) and (d) of this AD constitutes
terminating action for the tests, inspections, and adjustments
required by paragraph (a) of this AD.
(f) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Seattle Aircraft Certification
Office (ACO), FAA, Transport Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Seattle ACO.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Seattle ACO.
(g) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(h) Certain actions shall be done in accordance with the
following Boeing service bulletins, which contain the specified
effective pages:
----------------------------------------------------------------------------------------------------------------
Service bulletin referenced Revision level
and date Page No. shown on page Date shown on page
----------------------------------------------------------------------------------------------------------------
767-78-0047, Revision 1, 1-33................................ 1.............. March 26, 1992.
March 26, 1992.
767-78-0047, Revision 2, 1-2, 4, 12-13, 20-32................ 2-............. January 21, 1993.
January 21, 1993.
3, 5, 10-11, 14-15, 17-19........... 1.............. March 26, 1992.
6-9, 16............................. Original....... August 22, 1991.
767-78-0047, Revision 3, July 1-32................................ 3.............. July 28, 1994.
28, 1994.
767-78-0063, Revision 2, 1-292............................... 2.............. April 28, 1994.
April 28, 1994.
----------------------------------------------------------------------------------------------------------------
This incorporation by reference was approved by the Director of
the Federal Register, in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51, as of August 18, 1995 (60 FR 36976, July 19, 1995). Copies
may be obtained from Boeing Commercial Airplane Group, P.O. Box
3707, Seattle, Washington 98124-2207. Copies may be inspected at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
(i) This amendment is effective on August 18, 1995.
Appendix 1
Thrust Reverser Electro-Mechanical Brake and CDU Cone Brake Test
1. General
A. This procedure contains steps to do two checks:
(1) A check of the holding torque of the electro-mechanical
brake
(2) A check of the holding torque of the CDU cone brake.
2. Electroc-Mechanical Brake and CDU Cone Brake Torque Check (Fig. 1)
A. Prepare to do the checks:
(1) Open the fan cowl panels.
B. Do a check of the torque of the electro-mechanical brake:
(1) Do a check of the running torque of the thrust reverser
system:
(a) Manually extend the thrust reverser six inches and measure
the running torque.
(1) Make sure the torque is less than 10 pound-inches.
(2) Do a check of the electro-mechanical brake holding torque:
(a) Make sure the thrust reverser translating cowl is extended
at least one inch.
(b) Make sure the CDU lock handle is released.
(c) Pull down on the manual release handle on the electro-
mechanical brake until the handle fully engages the retaining clip.
Note: This will lock the electro-mechanical brake.
(d) With the manual drive lockout cover removed from the CDU,
install a \1/4\-inch extension tool and dial-type torque wrench into
the drive pad.
Note: You will need a 24-inch extension to provide adequate
clearance for the torque wrench.
(e) Apply 90 pound-inches of torque to the system.
(1) The electro-mechanical brake system is working correctly if
the torque is reached before you turn the wrench 450 degrees (1\1/4\
turns).
(2) If the flexshaft turns more than 450 degrees before you
reach the specified torque, you must replace the long flexshaft
between the CDU and the upper angle gearbox.
(3) If you do not get 90 pound-inches of torque, you must
replace the electro-mechanical brake.
(f) Release the torque by turning the wrench in the opposite
direction until you read zero pound-inches.
(1) If the wrench does not return to within 30 degrees of
initial starting point, you must replace the long flexshaft between
the CDU and upper angle gearbox.
(3) Fully retract the thrust reverser.
C. Do a check of the torque of the CDU cone brake:
(1) Pull up on the manual release handle to unlock the electro-
mechanical brake.
(2) Pull the manual brake release lever on the CDU to release
the cone brake.
Note: This will release the pre-load tension that may occur
during a stow cycle.
(3) Return the manual brake release lever to the locked position
to engage the cone brake.
(4) Remove the two bolts that hold the lockout plate to the CDU
and remove the lockout plate.
(5) Install a \1/4\-inch drive and a dial-type torque wrench
into the CDU drive pad.
[[Page 9094]]
Caution: Do not use more than 100 pound-inches of torque when
you do this check. Excessive torque will damage the CDU.
(6) Turn the torque wrench to try to manually extend the
translating cowl until you get at least 15 pound-inches.
Note: The cone brake prevents movement in the extend direction
only. If you try to measure the holding torque in the retract
direction, you will get a false reading.
(a) If the torque is less than 15 pound-inches, you must replace
the CDU.
D. Return the airplane to its usual condition:
(1) Fully retract the thrust reverser.
(2) Pull down on the manual release handle on the electro-
mechanical brake until the handle fully engages the retaining clip.
Note: This will lock the electro-mechanical brake.
(3) Close the fan cowl panels.
BILLING CODE 4910-13-U
[[Page 9095]]
[GRAPHIC] [TIFF OMITTED] TR07MR96.038
[[Page 9096]]
BILLING CODE 4910-13-C
Issued in Renton, Washington, on February 27, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-5253 Filed 3-6-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-5244 Personnel Appeals Board; Procedural Regulations
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9089-9090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5244]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 61, No. 46 / Thursday, March 7, 1996 / Rules
and Regulations
[[Page 9089]]
GENERAL ACCOUNTING OFFICE
4 CFR Part 28
Personnel Appeals Board; Procedural Regulations
AGENCY: General Accounting Office Personnel Appeals Board.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Personnel Appeals Board (PAB) has authority with respect
to employment practices within the General Accounting Office (GAO or
the agency), pursuant to the General Accounting Office Personnel Act of
1980 (GAOPA), 31 U.S.C. 751-755. The PAB's jurisdiction includes
authority over appeals from Reduction in Force (RIF) actions taken by
the agency. The GAO has recently revised Order 2351.1, Reduction in
Force, applicable to GAO employees. The Personnel Appeals Board hereby
amends its regulations to provide employees who are separated from
employment as a result of a RIF action with the option of appealing
directly to the PAB without first filing a charge with the Board's
Office of General Counsel (PAB/OGC), as prescribed in Sec. 28.11 of
this part, and obtaining a Right to Appeal Letter. This change is
designed to expedite the appeal process, at the employee's option, in
situations in which the RIF action results in separation from
employment. Because of the need to have procedures in place in the
event of agency implementation of the Reduction in Force Order, these
revisions are being made effective immediately, on an interim basis.
The Board is, however, very interested in receiving comments from the
public before it finalizes these regulations.
DATES: These interim regulations are effective March 7, 1996. Comments
on these regulations must be received by the Board on or before May 31,
1996.
ADDRESSES: Comments should be addressed to Sarah Hollis, Acting Clerk
of the Board, General Accounting Office Personnel Appeals Board, Suite
560, Union Center Plaza II, 441 G Street NW., Washington, DC 20548.
FOR FURTHER INFORMATION CONTACT: Catherine McNamara, Solicitor,
Personnel Appeals Board, 202-512-6137.
SUPPLEMENTARY INFORMATION: The Board has jurisdiction to hear cases
brought either through the PAB's Office of General Counsel or directly
to the Board. Pursuant to its authority under 31 U.S.C. 753(d), the
Board has long had published regulations which define the role of the
Office of General Counsel and the procedures to be followed in pursuing
an appeal before the Board. See 4 CFR Part 28. Under regulations
currently in effect, an individual must first obtain a Right to Appeal
Letter from the PAB's Office of General Counsel before filing with the
Board. See 4 CFR 28.18(a). The regulations authorize the Board or an
administrative judge to waive a Board regulation in an individual case
for good cause shown, consistent with the requirements of the GAOPA. 4
CFR 28.16(b).
The new regulations set forth in Part 28 below provide the
procedures to enable an individual whose employment has been terminated
as a result of a Reduction in Force to choose between pursuing his or
her rights through the Office of General Counsel of the Board or more
directly, through appeal to the Board itself. By allowing an employee
who has been separated from employment because of a RIF to bypass the
General Counsel's office, the proposed regulatory change would, at
petitioner's option, shorten the time between the RIF-based separation
and any hearing before the Board. Under the new provisions, such an
individual may challenge a separation based upon a Reduction in Force
by filing an appeal directly with the Clerk of the Board within 30 days
after the effective date of the Reduction in Force action.
Because the Board needs to have procedures in place to address any
charge that may be filed as a result of an action taken pursuant to the
new RIF rules of the agency, these regulations are being made effective
immediately, on an interim basis. At the same time, however, the Board
is soliciting comments on the regulations. These comments will be
considered fully before final regulations are adopted.
The provisions governing the procedures for an individual separated
because of a RIF action who prefers to pursue his or her rights through
the PAB's Office of General Counsel remain unaltered. In that event,
the PAB/OGC conducts an investigation. If it concludes that there are
reasonable grounds to believe that the employee's rights have been
violated, the PAB/OGC will represent the individual before the Board,
unless the individual elects not to be represented by the Office of
General Counsel. 4 CFR 28.12(d). If the PAB/OGC does not find
reasonable grounds to believe that the employee's rights have been
violated, the employee may still pursue the matter before the Board on
his or her own or with private counsel, after receiving a Right to
Appeal Letter from the PAB/OGC. 4 CFR 28.18(a).
List of Subjects in 4 CFR Part 28
Administrative practice and procedure, Government employees, Labor-
management relations, Reduction in force.
For the reasons set out in the preamble, Title 4, Chapter I,
Subchapter B, Code of Federal Regulations, is amended as follows:
PART 28--GENERAL ACCOUNTING OFFICE PERSONNEL APPEALS BOARD;
PROCEDURES APPLICABLE TO CLAIMS CONCERNING EMPLOYMENT PRACTICES AT
THE GENERAL ACCOUNTING OFFICE
1. The authority citation for Part 28 continues to read as follows:
Authority: 31 U.S.C. 753.
2. A new Sec. 28.13 is added to read as follows:
Sec. 28.13 Special procedure for Reduction in Force.
In the event of a Reduction in Force resulting in an individual's
separation from employment, an aggrieved employee may choose to file an
appeal directly with the Personnel Appeals Board, without first filing
the charge with the PAB's Office of General Counsel pursuant to
Sec. 28.11 of this part.
3. Section 28.18, paragraphs (a) and (b), are revised to read as
follows:
[[Page 9090]]
Sec. 28.18 Filing a petition for review with the Board.
(a) Who may file. Any person who has received a Right to Appeal
Letter from the Office of General Counsel and who is claiming to be
affected adversely by GAO action or inaction which is within the
Board's jurisdiction under Subchapter IV of Chapter 7 of Title 31,
United States Code, may file a petition for review. A petition for
review may also be filed by any person who has received a Right to
Appeal Letter from the Office of General Counsel and who is alleging
that the GAO or a labor organization engaged or is engaging in an
unfair labor practice. A person whose employment was terminated as a
result of a Reduction in Force may choose to file an appeal of that
action directly with the Personnel Appeals Board, without first filing
with the Board's Office of General Counsel.
(b) When to file. Petitions for review must be filed within 30 days
after service upon the charging party of the Right to Appeal Letter
from the Office of General Counsel. In the case of a person whose
action involves a challenge to a separation based upon a Reduction in
Force, and who chooses to bypass the Office of General Counsel of the
Board, the appeal must be filed with the Clerk of the Board within 30
days after the effective date of the RIF action.
* * * * *
Nancy A. McBride,
Chair, Personnel Appeals Board, U.S. General Accounting Office.
[FR Doc. 96-5244 Filed 3-6-96; 8:45 am]
BILLING CODE 1610-01-P
Complete official Federal Register PDF
FR Doc. 96-5238 Financial Responsibility for Water Pollution (Vessels)
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9264-9307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5238]
[[Page 9263]]
_______________________________________________________________________
Part IV
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
33 CFR Part 4, et al.
Financial Responsibility for Water Pollution (Vessels); Final Rule
Federal Register / Vol. 61, No. 46 / Thursday, March 7, 1996 / Rules
and Regulations
=======================================================================
-----------------------------------------------------------------------
[[Page 9264]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 4, 130, 131, 132, 137, and 138
[CGD 91-005]
RIN 2115-AD76
Financial Responsibility for Water Pollution (Vessels)
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is finalizing its interim regulations
implementing the provisions concerning financial responsibility for
vessels under the Oil Pollution Act of 1990 and the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended
(Acts). These provisions require owners and operators of vessels (with
certain exceptions) to establish and maintain evidence of insurance or
other evidence of financial responsibility sufficient to meet their
potential liability under the Acts for discharges or threatened
discharges of oil or hazardous substances. The regulations are
administrative in nature and concern procedures for evidencing
financial responsibility. In addition, the Coast Guard is removing
obsolete provisions, which duplicate provisions in the rule.
EFFECTIVE DATE: March 7, 1996.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC
20593-0001, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. The telephone number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT:
Mr. Richard A. Catellano, (703) 235-4810, Chief, Vessel Certification,
National Pollution Funds Center.
SUPPLEMENTARY INFORMATION:
Regulatory Information
This final rule is being made effective on the date of publication
because the requirements contained herein were made effective by an
interim rule published July 1, 1994. This final rule makes minor
technical amendments and clarifications to the interim rule. No new
requirements are being imposed, and the technical amendments and
clarifications result in a reduced regulatory burden. Therefore, the
Coast Guard for good cause finds, under 5 U.S.C. 553(d)(3), that this
rule should be made effective in less than 30 days after publication.
Regulatory History
On September 26, 1991, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Financial Responsibility for Water
Pollution (Vessels)'' in the Federal Register (56 FR 49006). The Coast
Guard received over 300 letters commenting on this proposal. On July
21, 1993, the Coast Guard published a notice of availability of a
Preliminary Regulatory Impact Analysis (PRIA) in the Federal Register
(58 FR 38994). Over 60 comments were received. On July 1, 1994, the
Coast Guard published in the Federal Register (59 FR 34210) an interim
rule with request for comments and a notice of availability of the
Final Regulatory Impact Analysis (FRIA). Seventy-eight comments were
received on the interim rule. One commenter requested a public hearing
on the interim rule, but it was determined that a public hearing would
not further illuminate the comments provided to the docket or otherwise
facilitate development of the final rule. On July 21, 1994, a
congressional subcommittee, however, held a hearing on the interim
rule. Vessel Certificates of Financial Responsibility: Hearing Before
the Subcommittee on Coast Guard and Navigation of the House Committee
on Merchant Marine and Fisheries, 103d Cong., 2d Sess. (1994).
Accordingly, a public hearing was not held by the Coast Guard.
Background and Purpose
This rulemaking implements the vessel financial responsibility
provisions of the Oil Pollution Act of 1990 (Pub. L. 101-380; 33 U.S.C.
2701 et seq.) (OPA 90) and the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.)
(CERCLA or Superfund). The history of vessel financial responsibility
in the United States and the reasons for this rulemaking are documented
in detail in the NPRM, the interim rule, the PRIA, and the FRIA and,
therefore, are not repeated in this preamble.
Discussion of Comments and Changes
General Issues
The preamble to the interim rule (59 FR 34210) requested that
commenters not resubmit or restate comments already filed to the docket
in this rulemaking. Rather, commenters were asked to focus on the
changes made to the NPRM. It is the comments on these changes that are
discussed in this preamble. Comments concerning the fundamental issues
raised during the NPRM and PRIA stages of this proceeding already have
been addressed in the preamble to the interim rule and in the FRIA.
They will not be repeated in this preamble, except to note that one of
the international shipping community's primary concerns with OPA 90
(i.e., potential liability under some circumstances for total costs and
damages) is unrelated to Certificates of Financial Responsibility.
Moreover, that concern goes to a statutory rather than administrative
issue and is, therefore, beyond the scope of this rulemaking. Other
comments are discussed below. Some corrections of a typographical or
grammatical nature have been made and are not discussed in this
preamble.
Shipyards
Some commenter stated that shipyards should remain subject to 33
CFR part 130, with its attendant lesser financial responsibility
regime, because the potential pollution in shipyards is far less than
at sea. Title 33 CFR part 138 does not apply to shipyards unless they
are responsible for vessels. In setting liability limits and financial
responsibility levels, Congress did not distinguish between vessels at
sea and vessels in shipyards. Accordingly, the Coast Guard has no
discretion to exempt shipyards from the requirements of the law.
The Coast Guard's financial responsibility regulations have always
recognized the special circumstances associated with vessels in
shipyards and will continue to do so. For example, the Coast Guard does
not require a shipyard to obtain separate Certificates of Financial
Responsibility (COFR's) for vessels being built, repaired, or scrapped.
Nor are separate COFR's required for vessels held for sale or lease.
This approach constitutes a substantial relaxation from the burden and
cost of obtaining and maintaining separate COFR's, records, reports,
and insurance or other coverage each time a vessel is added to or
removed from the builder's, repairer's, scrapper's, seller's, or
lessor's responsibility.
In this connection, it should be noted that, in practice, the Coast
Guard's COFR regulations always have considered persons who hold
vessels for sale to be the same as persons who hold vessels for lease
in that both are eligible for the blanket coverage provided by a Master
Certificate. This is because neither physically operates the vessels in
the traditional sense and because, after these persons sell or lease a
vessel, the new operator must obtain a new COFR. To give a more
official status to
[[Page 9265]]
this Coast Guard interpretation and practice, Sec. 138.110 (a) and (c),
the appendices to part 138, and the definition of ``operator'' in
Sec. 138.20(b) have been amended to include the word ``lessor'' or
``lease,'' as appropriate.
One commenter recommended that a shipyard constructing a vessel
under contract to the U.S. Navy or Coast Guard not be required to
demonstrate financial responsibility for that vessel while it is under
construction. This already is the case, because only a ``vessel'' is
required to hold a COFR. Until a vessel under construction actually
becomes a ``vessel,'' (i.e., an artificial contrivance used or capable
of being used as a means of transportation on water) no COFR is
required. When a vessel under construction reaches the stage of taking
on the attributes of a ``vessel,'' a COFR is not required if the vessel
is a public vessel. Thus, a shipyard would not have to cover a vessel
being built for the Navy or Coast Guard if the vessel is a public
vessel. This is necessarily a fact-based determination, dependent upon
who has title to and responsibility for the vessel. If title has not
passed and if the shipyard is responsible for the vessel (until
delivery), then the shipyard is required to cover the vessel under its
Master Certificate (or obtain a separate, individual COFR). On the
other hand, if under the contract the Government holds title to the
vessel before delivery, which is a common situation for Navy and Coast
Guard vessels, then no COFR is required for this public vessel.
This commenter also recommended that the shipyard not be required
to maintain the COFR for the Navy or Coast Guard vessel under repair in
the shipyard. Again,this already is the case so long as the vessel is a
public vessel--a vessel owned or operated by the United States and not
engaged in commercial service. A shipyard/repair yard would not have to
cover the vessel with a COFR in that circumstance.
Some commenters asserted that shipyards should not have to
demonstrate CERCLA financial responsibility when no hazardous
substances are present on vessels under the shipyard's control. As
noted in the preambles to the NPRM and the interim rule, Congress
declared that all self-propelled vessels over 300 gross tons, whether
or not carrying hazardous substances, must demonstrate financial
responsibility under CERCLA. Therefore, the Coast Guard has no
discretion to adopt this suggestion.
Mobile Offshore Drilling Units (MODU's)
Some commenters sought clarification of the rule's implementation
date applicable to a non-self-propelled MODU (most MODU's are non-self-
propelled). When actually operating on site as an offshore facility, a
MODU is exposed to tank vessel liability with respect to discharges of
oil on or above the surface of the water (see the discussion at 59 FR
34213-34214). Accordingly, a non-self-propelled MODU is considered by
the Coast Guard to be a non-self-propelled tank vessel when operating
as an offshore facility. The financial responsibility implementation
date under 33 CFR part 138 with respect to non-self-propelled tank
vessels was July 1, 1995. If a MODU is tied up at a shoreside dock or
otherwise not operating as an offshore facility, the Coast Guard does
not require that MODU to demonstrate tank-vessel financial
responsibility during that period. However, on and after July 1, 1995,
before that MODU may operate as an offshore facility, it must
demonstrate financial responsibility under 33 CFR part 138 because it
is subject to tank-vessel limits. If a MODU remains out of work and it
holds an unexpired pre-OPA 90/CERCLA COFR, the MODU would not be
required to comply with this final rule until December 28, 1997, or at
the time its pre-OPA 90/CERCLA COFR expires, whichever is earlier. See
33 CFR 138.15(b).
Some commenters suggested that MODU's be covered by a leaseholder
because a leaseholder is required to demonstrate financial
responsibility for all offshore facilities operating on its lease.
Nothing in this final rule precludes a leaseholder from becoming a
financial guarantor to a MODU owner/operator. In that case, the
leaseholder would have to qualify as a financial guarantor under
Sec. 138.80(b)(4) of this final rule. But, a leaseholder's satisfaction
of the financial responsibility requirements for leaseholders under the
Department of Interior's forthcoming regulations for offshore
facilities, alone, would not fulfill a MODU operator's vessel-related
obligations under 33 CFR part 138. The ability to grant this suggested
change lies with Congress. However, MODU operators are remind that OPA
90 does not preclude indemnification agreements between parties.
Therefore, a MODU owner/operator could seek to have the leaseholder
indemnify the MODU owner/operator for its tank vessel liabilities.
Two commenters who were concerned primarily with MODU's commented
that, during the transition period to new part 138, a vessel owner/
operator demonstrating financial responsibility under part 138 should
be deemed to have satisfied the financial responsibility requirements
of part 132. The thrust of this comment is not clear because the
interim and final rules provide that a vessel operator demonstrating
financial responsibility under part 138 no longer is required to
maintain financial responsibility under part 132. This is specified in
paragraphs (a)(1) and (a)(4) of Sec. 138.15. In any event, as explained
later in this preamble, part 132 is being removed from the Code of
Federal Regulations.
Some commenters asserted that the Coast Guard should delay
implementation of the rule for MODU's until the Minerals Management
Service (MMS) of the Department of the Interior completes its
contemplated rulemaking under 33 U.S.C. 2716, concerning establishment
of financial responsibility for offshore leaseholders. These commenters
assert that, since a MODU has potential tank-vessel liability when
operating as an ``offshore facility'', MMS's interpretation of
``offshore facility'' will be pertinent when deciding under what
circumstance the MODU is operating as an ``offshore facility.''
Although MMS's rulemaking may be pertinent to deciding when a MODU is
operating as a offshore facility, that rulemaking has no bearing on the
MODU operator's obligation to obtain a COFR under 33 CFR part 138.
Under 33 U.S.C. 2701(18), a MODU in the navigable waters of the United
States or using a place subject to the jurisdiction of the United
States is a vessel, whether or not it is operating as an offshore
facility, and, therefore, must have a COFR. The Coast Guard issues a
``one-size-fits-all'' COFR. A commercial guarantor executes a one-size-
fits-all guaranty that covers the vessel under the law or laws (OPA 90
and CERCLA) that may apply at any time, and for whatever removal cost
and damage liability (up to statutory limits) the vessel incurs under
OPA 90 and CERCLA. Accordingly, the necessity for a vessel COFR is not
dependent upon the promulgation by MMS of its regulation governing
financial responsibility for offshore leaseholders. The Coast Guard,
therefore, has not adopted this suggestion.
Some commenters believe that MODU's should not have to demonstrate
financial responsibility at tank vessel limits, even under the limited
circumstances required by OPA 90. This matter is fixed by statute (33
U.S.C. 2704(b)), and, accordingly, beyond the scope of this rulemaking.
Finally these commenters recommended that all MODU's (both self-
propelled and non-self-propelled) have the same compliance date, with
[[Page 9266]]
that date being July 1, 1995, the non-self-propelled tank vessel
compliance date. Given the date of this final rule, this issue is moot.
The compliance dates for self-propelled MODU's and non-self-propelled
MODU's operating as offshore facilities have passed.
Parts 130, 131, 132, and 137
Title 33 CFR parts 131, 132, and 137 are being removed since they
no longer govern vessel financial responsibility. Section 131.0
provides that Trans-Alaska Pipeline COFR's will not be issued on or
after July 1, 1995. Similarly, Sec. 137.300 provides that Deepwater
Port certifications of coverage of vessels will not be accepted on or
after July 1, 1995. Accordingly, on and after July 1, 1995, by their
terms, parts 131 and 137 are not operative and are being removed by
this final rule.
Section 132.0 provides that Outer-Continental Shelf Lands Act
COFR's for vessels will not be issued on or after December 28, 1997. At
the time of publication of the interim rule, the Coast Guard was
uncertain as to the number of non-tank vessels that carry Outer
Continental Shelf-produced oil and, therefore, are required to hold
part 132 COFR's. The Coast Guard has since determined that on or after
July 1, 1995, no vessel operator will, in fact, be required or eligible
to obtain or continue to hold a COFR under part 132. Accordingly, part
132 is also being removed.
Part 130, the remaining preexisting vessel financial responsibility
part, is being phased out and will be removed after December 27, 1997,
at the close of the transition schedule established by Sec. 138.15(b)
of the interim rule and, now, this final rule.
Section-by-Section Discussion
Section 138.12 Applicability
Paragraph (a)(2): Some commenters asked whether a vessel operating
between the 3 and 12 mile limits and not engaged in transshipping or
lightering oil is required to possess a COFR under 33 CFR part 138.
Apparently, the confusion arises from the use of the phrase,
``navigable waters of the United States or any port or place subject to
the jurisdiction of the United States,'' in 33 CFR 138.12(a)(2). The
navigable waters of the United States, with respect to waters seaward
of the coastline, are the territorial sea. OPA 90 defines ``territorial
seas'' as extending to the three mile limit. Hence, the waters between
the 3 and 12 mile limits are not part of the navigable waters of the
United States.
``Port or place subject to the jurisdiction of the United States''
also is used in the Ports and Waterways Safety Act (33 U.S.C. 1223) and
in 46 U.S.C. 2101(39) (definition of ``tank vessel''). The Coast Guard
has interpreted this phrase to mean a port or place in the navigable
waters of the United States, a deepwater port licensed by the United
States, and an Outer Continental Shelf structure permitted under the
Outer Continental Shelf Lands Act. It does not include, by itself, the
waters between the 3 and 12 mile limits.
Accordingly, a vessel operating between the 3 and 12 mile limits
and not engaged in lightering or transshipping oil to a place subject
to the jurisdiction of the United States is neither operating in
``navigable waters of the United States'' nor in or at a ``port or
place subject to the jurisdiction of the United States.'' That vessel
would not require a COFR but would incur liability for an incident
under OPA 90 and for a release or threatened release under CERCLA.
Likewise, a MODU that arrives from foreign waters to a location on the
U.S. Outer Continental Shelf, but that is not yet operating as an
offshore facility, would not have to demonstrate financial
responsibility under part 138. When the MODU is operating as an
offshore facility, a COFR under part 138 would be required, since the
offshore facility on the Outer Continental Shelf is a place subject to
the jurisdiction of the United States.
Paragraph (a)(2)(ii): This paragraph states that a non-self-
propelled barge that does not carry oil as cargo or fuel and does not
carry hazardous substances as cargo is excepted from 33 CFR part 138. A
commenter inquired as to whether a barge that carries only liquefied
petroleum gas (LPG) (primarily butane or propane) and carries no oil as
fuel or cargo and no hazardous substances as cargo is entitled to this
exception. The Coast Guard confirms that this barge is not required to
obtain a COFR under part 138, since propane and butane are not oil, and
not CERCLA hazardous substances (42 U.S.C. 9601(14)). Similarly,
liquefied natural gas (LNG) is neither a hazardous substance nor an
oil. However, condensate from natural gas is a naturally occurring oil.
One commenter, on behalf of the inland and coastal barge and towing
industry, referred to a situation involving dry cargo barges that from
time to time use small, portable pumps to pump water out of void
compartments or cargo boxes. These pumps carry not more than five
gallons of fuel and are neither integral to nor stored aboard the
barges in question. These small pumps are maintained aboard the towing
vessels (which, if over 300 gross tons, must carry COFR's) and are
hand-carried aboard certain dry cargo barges by deckhands for temporary
operation while the barges are either underway or in fleeting areas.
The Coast Guard agrees that it is unnecessary to require dry cargo
barges, that do not otherwise carry oil or hazardous substances, to
obtain COFR's solely because hand-carried pumps are temporarily aboard.
Requiring COFR's in this circumstance would constitute an overly narrow
interpretation of OPA 90. Accordingly, the final rule makes it clear
that the temporary use of small, portable, non-integral pumps aboard
non-self-propelled vessels, which vessels do not otherwise require
COFR's, should not be regarded as triggering a COFR requirement. The
definition of ``fuel'' in Sec. 138.20(b) has been amended to exclude
from the term ``equipment'' the pumps discussed here, thereby
clarifying the exception in paragraph (a)(2)(ii).
Section 138.15 Implementation Schedule
Some dry-cargo vessel representatives requested that there be a
uniform implementation date of December 28, 1997, for all non-tank
vessels. They argue that the phased implementation period places some
vessels at a competitive disadvantage to others. The Coast Guard would
have preferred a uniform implementation date for all non-tank vessels,
but that date would have been one closer to July 1, 1995. Recognizing
the impracticalities of replacing all non-tank vessel COFR's (about
14,000) by one date, the Coast Guard opted for the least disruptive
approach (to the Coast Guard and to vessel owners and operators) of
replacement--the expiration date of the old COFR. Of course, an
operator, if it so chooses, may replace an old COFR at an earlier time.
There are other circumstances not germane to this discussion (such
as a change of operator) in which a new OPA 90/CERCLA COFR may have to
be obtained at an earlier date. In addition, compared to tank vessels,
the cost of obtaining a non-tank vessel COFR guaranty from a commercial
source is not likely to place one vessel operator at a significant
competitive disadvantage over another. At this time, to change the
implementation schedule would disadvantage those owners and operators
that already have complied with the new COFR regime and those that have
made business decisions respecting compliance. The Coast Guard believes
that this final rule already has
[[Page 9267]]
been delayed too long. Accordingly, it has been decided that the
implementation schedule in the interim rule is reasonable and should
not be amended.
Some non-tank vessel representatives also recommended that, when an
operator holding pre-OPA 90/CERCLA COFR's for vessels in its fleet
decides to add a new vessel to the fleet, that operator should be
allowed to obtain a pre-OPA 90/CERCLA COFR bearing the same expiration
date as the COFR's for the other vessels in the fleet. Under the
interim rule, the operator must obtain a new OPA 90/CERCLA COFR for
that vessel.
The Coast Guard is not adopting this suggestion. OPA 90 was enacted
five years ago, and it is desirable that all vessels be covered by new
OPA 90/CERCLA COFR's as soon as possible. Accordingly, any vessel for
which there is a new operator or that enters service after December 28,
1994, must be covered by a new OPA 90/CERCLA COFR. This process ensures
that the greatest number of vessels are covered by new COFR's at the
earliest possible time, without disturbing the principle that a vessel
lawfully operating with a pre-OPA 90/CERCLA COFR may continue to do so
until the conditions for obtaining a new COFR exist.
Section 138.20 Definitions
Exclusive Economic Zone (EEZ): Although this term is defined in
section 1001(8) of OPA 90, there apparently is some confusion as to
where the waters of the EEZ begin. For COFR purposes, the waters of the
EEZ begin immediately after the three-mile territorial sea, i.e.,
waters seaward of the three-mile territorial sea are waters of the EEZ.
Fuel: As discussed earlier, this definition has been amended to
exclude from the meaning of ``equipment'', portable water pumps holding
not more than five gallons of fuel, provided these pumps are not
permanently or continuously stored aboard the non-self-propelled
vessels in question. This amendment will have the effect of narrowing
the meaning of ``fuel'' and thus will preclude unintended and
unnecessarily burdensome interpretations of OPA 90's CFR requirements.
Hazardous substance: One commenter recommended that the distinction
between a ``hazardous substance'' and a ``hazardous material'' be
clarified. Each of these terms is defined either in CERCLA or in the
interim rule. The most important distinction is that ``hazardous
material'' is relevant only to the determination of whether a vessel is
a ``tank vessel'' under the rule. ``Hazardous substance'' is defined by
section 101 of CERCLA (42 U.S.C. 9601) and relates to the substances
for which CERCLA liability may attach with respect to a release or
threatened release. Not all hazardous materials are hazardous
substances. Butane and propane (liquefied petroleum gas (LPG)), for
example, are hazardous materials, but not hazardous substances. Thus,
under OPA 90, a self-propelled vessel carrying butane or propane is a
tank vessel and must demonstrate financial responsibility in accordance
with this rule. However, the escape of butane or propane alone (that
is, not also triggering, for example, a substantial threat of a
discharge of oil) would not result in either OPA 90 or CERCLA
liability. (Non-self-propelled vessels carrying only LPG are exempt
from these COFR requirements.) The Coast Guard has not further defined
these two terms because they already are defined in Sec. 138.20 and in
CERCLA.
Hazardous material: Some commenters are still concerned that a
vessel carrying non-liquid hazardous materials might be considered a
tank vessel. Inasmuch as the definition of ``hazardous material''
contained in the interim rule and this final rule uses the modifier,
``liquid,'' the definition need not be further amended (see 59 FR
34217-34218). The meaning of this modifier is that a vessel that
carries, or is constructed or adapted to carry, bulk liquid hazardous
materials would be a tank vessel, provided it met at least one of the
other criteria in 33 U.S.C. 2701(34). It also means that a vessel
carrying non-liquid hazardous materials or liquid hazardous substances
that are not hazardous materials, or both (and not constructed or
adapted to carry bulk liquid hazardous materials or oil) is not a tank
vessel.
Operator: One commenter observed that this definition should be
reworded to define more clearly the intended meaning. The primary
reason for this definition is to identify the operator entity who
should apply for a COFR. The definition is not intended to address the
issue of what other entities, because of their specific relationship to
a vessel, Congress may have intended to be considered responsible
parties under OPA 90 or CERCLA. The Coast Guard also designed this
definition of a COFR applicant (1) to provide flexibility to those
associated with the operation of vessels when deciding what constitutes
a fleet; (2) to encompass persons who have custody of or are
responsible for vessels held solely for building, repairing, sale,
lease, or scrapping and; (3) to exclude certain so-called ``operators''
such as traditional time or voyage charterers (see 59 FR 34217).
During the tank vessel implementation phase of the interim rule,
this definition accommodated persons who wished to become responsible
parties for a fleet of consolidated, subsidiary/affiliated company
vessels. These persons wished to become ``operators'' of fleets for
purposes of determining the amount of net worth required to satisfy the
self-insurance/financial guarantor criteria. This consolidation of
subsidiary/affiliated company vessels into one fleet also benefits
potential claimants in that the parent or other ``operator'' is clearly
the responsible party for all the vessels, thereby bypassing any
arguments associated with limiting the available assets to those of a
single vessel-owning and operating company.
The Coast Guard is not aware of a general problem with the current
definition, which seems to have struck a balance between the objectives
of the law and the far broader meaning of ``operator'' sometimes used
in the maritime industry. Therefore, this suggestion was not adopted.
Tank vessel: A few commenters continue to assert that liquefied
natural gas (LNG) and LPG carriers are not tank vessels. The Coast
Guard has reviewed this issue once more and concludes that its
interpretation, as stated in the interim rule preamble (59 FR 34218),
is correct. A vessel carrying LNG or LPG clearly meets one criterion in
33 U.S.C. 2701(34) (the definition of ``tank vessel'') as these
materials meet at least the combustibility criterion in the definition
of ``hazardous material.''
Alternatively, one commenter recommends that LNG be exempted from
the definition of ``hazardous material,'' citing as precedent another
Coast Guard rule published at 58 FR 67988 (December 22, 1993). This
regulation amended 33 CFR part 155, which concerns discharge removal
equipment for vessels carrying oil. The reason that the preamble to
part 155 states that LNG is not defined as oil or a hazardous material
is because the applicable definition of ``hazardous material'' for
purposes of 33 CFR part 155 is contained at 33 CFR 154.105, which
provides that Harzardous material means a liquid material or substance,
other than oil or liquefied gases, listed under 46 CFR 153.40 (a), (b),
(c), or (e).'' The statutory basis for this is 33 U.S.C. 1231, not OPA
90. Accordingly, part 155, having a different purpose and statutory
basis, does not serve as any precedent for 33 CFR part 138. Since
Congress has clearly expressed its intent in OPA 90 that bulk
[[Page 9268]]
liquid hazardous material carriers meeting the criteria in 33 U.S.C.
2701(34) be considered tank vessels, the Coast Guard does not have the
discretion to adopt this recommendation. It is worthy of mention again,
however, that LNG and LPG barges (that do not otherwise carry oil or
hazardous substances) are not required by OPA 90 or CERCLA to obtain
COFR's, not because LNG and LPG are not hazardous materials, but
because they are not hazardous substances as defined in CERCLA.
One commenter suggested that the types of fishing vessels that are
considered tank vessels should be clarified. If there is ambiguity in
this regard, it stems from the language of section 5209 of Public Law
102-587, which provides that a fishing or fish tender vessel of 750
gross tons or less, that transfers fuel without charge to a fishing
vessel owned by the same person, is not a tank vessel. Nevertheless, it
is clear that any other fish tender or fishing vessel that transfers
fuel to another vessel and that otherwise meets the criteria of the
definition must be considered a tank vessel. A fish tender or fishing
vessel that is also a tank vessel, as defined in this rule, must
demonstrate financial responsibility in accordance with this rule. Part
138 needs no further clarification on this point.
Section 138.30 General
Paragraphs (c), (d), and (e) (gross tons): One commenter asserted
that the sentence specifying use of gross tons as measured under the
International Convention on Tonnage Measurement of Ships, 1969, for
purposes of determining the limit of liability under section 1004(a) of
OPA 90 and under section 107(a) of CERCLA was not properly adopted
under 46 U.S.C. 14302. The Coast Guard disagrees. Title 46 U.S.C. 14302
clearly authorizes the Secretary (the Secretary delegated this
authority to the Commandant of the Coast Guard) to specify the statutes
for which tonnage as measured under the Tonnage Convention is to be
used to determine the application and effect of those statutes. The
Coast Guard has properly exercised this authority, and the authority
citation to 33 CFR part 138 identifies 46 U.S.C. 14302 as the authority
for paragraphs (c) through (e).
Section 138.80 Financial Responsibility, How Established
A commenter recommended that the Coast Guard adopt a particular
State's method of financial responsibility in fulfillment of OPA 90's
requirements, if the State scheme is at least as stringent as the
Federal scheme. One State suggested that the Coast Guard not implement
the Federal law because the resulting regulations would conflict with
and cause disruption to the implementation of that State's own
regulations, which did not require direct action and which allowed an
unlimited number of defenses and exclusions.
OPA 90 does not preempt State law, and therefore, each State may
design its own version of a financial responsibility regime. On the
other hand, the Coast Guard believes that a uniform financial
responsibility regime in the United States is desirable and, rather
than adopt a particular State regime, the Coast Guard believes that its
regime should serve as the model. In any event, State financial
responsibility regimes may address issues not covered by the Federal
system or may lack some of the elements in the Federal system. The
Coast Guard, therefore, has not adopted this recommendation.
One commenter stated that the Coast Guard should promulgate
acceptability standards for guarantors, including insurance guarantors.
This issue was discussed in the preamble to the interim rule at 59 FR
34219, wherein the Coast Guard indicated it was evaluating the
possibility of a future rulemaking on this subject. No rulemaking on
this matter is mandated by statute or other principle of law. Rather,
this would be a purely discretionary regulation. In the time period
since publication of the interim rule, there has been much debate about
regulations in general, with the primary focus being to eliminate all
but the most necessary rules. Consequently, the Coast Guard has decided
not to proceed with a discretionary rulemaking on this subject, but
rather to continue to make its 25-year old acceptability policy
available to any interested person upon request.
Also, this section has been amended in response to the passage of
the Edible Oil Regulatory Reform Act (Pub. L. 104-55), which was signed
by the President on November 20, 1995. This law requires that, in
issuing a regulation, the head of any Federal agency shall
differentiate between fats, oils, and greases of animal, marine, or
vegetable origin and other oils and greases. It also lowers the
liability limit of certain tank vessels carrying fats, oils, and
greases of animal, marine, or vegetable origin.
Paragraph (b)(1) (Insurance): Two commenters stated that the Coast
Guard has failed to address ``bad faith'' issues respecting an
insurance guarantor. The concern is that if an insurer is found by a
court to have acted in bad faith with respect to the insured party or a
third party claimant, a court might hold a guarantor liable in excess
of the amount of the part 138 insurance guaranty. ``Bad faith'' is an
insurance concept that has existed for many years. In some situations,
an insurer against whom a bad faith claim has been successfully
prosecuted (by an insured) may have to pay a penalty which results in a
total payment exceeding policy limits. This is because the bad faith
action often may be pursued as a tort, which is an action separate from
enforcement of the insurance contract.
The chance of success of a bad faith claim asserted by a claimant
other than the insured against a COFR guarantor, for some act or
omission by the guarantor, is unknown. COFR guaranties have been
required in this country since 1971 and in other countries since the
mid seventies. The Coast Guard is unaware of any case in which bad
faith has been asserted successfully by a third party claimant against
an insurer in the capacity of a COFR guarantor, i.e., financial
responsibility provider.
The Coast Guard nevertheless reads the law to mean that the costs
and damages for which a person, as a guarantor, may be liable under OPA
90 or CERCLA are strictly limited to the amount of the guaranty. If a
bad faith action were to be pursued successfully in court by a third
party claimant against an insurance guarantor, any awarded amount
exceeding the guaranty amount would not be considered as compensation
under OPA 90 or CERCLA. Such a court award would be considered
liability for an amount outside the scope of OPA 90 or CERCLA. Even
CERCLA section 108(d)(2) (42 U.S.C. 9608(d)(2)), referenced by one of
the commenters, acknowledges the possibility of bad faith actions under
laws other than CERCLA. CERCLA, however, does not generally provide
third parties with a cause of action for damages. The well known
concept of bad faith pertaining to the insurance industry is beyond the
scope of this rule, and the Coast Guard has no intent or authority to
expand or restrict causes of action related to bad faith.
The Coast Guard does not intend anything in this discussion of bad
faith to detract from the central, underlying principle of
guarantorship under OPA 90/CERCLA and this rule (as well as predecessor
laws and rules). This principle is that, in return for the statutorily
guarantied right to limit liability and right to the defenses specified
in a guaranty form, a guarantor agrees to waive all other defenses,
including nonpayment of premium, non-United States venue, and lack of
[[Page 9269]]
personal jurisdiction by United States courts.
Paragraph (b)(2) (Surety bond): A few commenters objected to the
reinstatement provision of the surety bond guaranty form, which
provides that for any monies paid by a surety guarantor, the amount of
the surety bond guaranty automatically is reinstated to an applicable
amount not exceeding its original penal amount, until the bond is
cancelled. These commenters asserted that no surety company would
undertake this obligation. In fact, over 140 vessels are covered by
surety bond guaranties that contain the reinstatement clause, and the
surety bond guaranty form published in 33 CFR part 130 for many years
has contained a clause of similar impact. Accordingly, the Coast Guard
does not see a reason to delete this clause from the surety bond
guaranty form.
In the interim rule, the Coast Guard limited joint participation by
co-guarantors to a system in which up to four signatory guarantors
could appoint a lead guarantor and execute a guaranty form. One
commenter involved in arranging surety bond guaranties recommended that
up to 10 guarantors be allowed to participate in a surety bond
guaranty. This would expand the availability of high-dollar limit
surety bond guaranties, due to the United States Treasury-imposed
underwriting limits on individual surety companies. The Coast Guard
will accede to this request and has increased to 10 the number of co-
guarantors allowed on a single surety bond guaranty. The Coast Guard
has not adopted this number for the other types of guaranties, as no
commenter requested an increase in the number of guarantors for other
forms of guaranty, and no independent justification was apparent.
Although the Coast Guard will allow up to 10 sureties to sign a
single surety bond guaranty, co-guarantors are reminded that
Sec. 138.80(c) provides that, if one or more guarantors do not specify
percentages of participation, then, as between or among them, they
share joint and several liability for the total of the unspecified
portion. Those guarantors specifying percentages will be liable only up
to their respective specified limits.
Minor technical improvements to the surety bond guaranty form were
suggested. These are: changing the signature page to provide only one,
generic signature area for a principal without unnecessarily
distinguishing the type of principal signing; requiring that the State
of incorporation be shown with the principal's name (rather than
elsewhere on the bond); and allowing notice of termination to be sent
by means other than only certified mail. The latter suggestion is being
adopted, and an amendment is being made to the prescribed surety bond
guaranty form itself. The other suggested minor changes are not
objectionable, but will not be made to the prescribed form. Rather,
these other minor changes regarding the signature page will be
acceptable to the Coast Guard if individual sureties choose to make the
changes themselves on particular forms filed with the Coast Guard.
Paragraph (b)(3) (Self-insurance): One commenter stated that the
amount of net worth required by the interim rule is insufficient in
that there may not be sufficient funds available should more than one
vessel within a self-insured fleet suffer incidents. This commenter
also recommended that quarterly reports be filed and that only equity
assets be counted in the net worth and working capital computations.
The Coast Guard sympathizes with this comment and has stated before
that self-insurance is far from an ideal method of demonstrating
financial responsibility. Nevertheless, self-insurance has been allowed
for the past 25 years because it has been a method specifically
intended by Congress.
Until December 27, 1994, self-insurance and financial guaranties
(the latter being based on self-insurance criteria) had formed a very
small component of the body of ``evidence of financial responsibility''
related to vessels operating in U.S. waters. Since December 27, 1994,
however, a far greater number of vessels have obtained COFR's based on
these two methods. While this tends to support the commenter's point,
rather than escalating the self-insurance criteria at this time, the
Coast Guard intends to watch very carefully the performance of self-
insurers and financial guarantors. Should one or the other of these
methods prove to be inadequate, the Coast Guard will initiate a
rulemaking to revise the criteria underlying these methods.
One commenter asked that the rule allow for a waiver of the U.S.-
based asset requirement. The interim rule and the FRIA explain the
principle underlying the use of only U.S. assets. A waiver of the U.S.
asset test would be inconsistent with this principle. Accordingly, this
suggestion has not been adopted.
A commenter on behalf of the American Institute of Certified Public
Accountants recommended minor technical amendments to accord with
standard accounting terminology and practice. Most of these
recommendations have been adopted and incorporated in
Sec. 138.80(b)(3)(i). These changes are not substantive.
Paragraph (b)(4) (Financial Guaranty): One commenter asserted that
no acceptability criteria were specified for financial guarantors. In
fact, financial guarantors must meet the self-insurance requirements
specified in Sec. 138.80(b)(3), which provide very specific
acceptability criteria.
Some commenters recommended that, when a parent company serves as
financial guarantor for one or more subsidiary companies, the
subsidiaries should be treated as one, collective ``fleet'' for
purposes of determining the required amount of net worth and working
capital. Section 138.80(b)(4) of the interim rule provides that ``* * *
a person that is a financial guarantor for more than one applicant or
certificant shall have working capital and net worth no less than the
aggregate total applicable amounts of financial responsibility provided
as a guarantor for each applicant or certificant * * *.'' Title 33 CFR
130.80(b)(4) contained a similar restriction. Since each subsidiary is
considered a separate applicant, the aggregation requirement pertains.
On the other hand, if the parent company bareboat charters all of the
subsidiary companies' vessels, or organizes itself so that it meets the
rule's definition of ``operator'' and serves as the responsible party
(operator) of all of those vessels (that is, all of the subsidiaries'
vessels are ``operated'' by the ``responsible party'' parent), then the
parent may self-insure and thus avoid the aggregation requirement.
The commenters assert that in some situations, labor relations or
other considerations may preclude a parent from serving as ``operator''
(and thus as a self-insurer) for all the subsidiaries' vessels. These
commenters argue that the aggregation requirement is unfair in not
recognizing that the source of funds is the same, the collective
company. These commenters assert, therefore, that there is no rational
basis for requiring the parent to demonstrate aggregate amounts of net
worth where the parent wishes to be a financial guarantor for all the
vessels in the subsidiaries' fleets, rather than a self-insurer with
responsible party status for those vessels. A specific amendment was
proposed, namely, that the rule allow the parent to serve as financial
guarantor without the aggregation requirement in cases where the
subsidiaries are wholly owned by the parent, or where the parent owns
at least 80 percent of the total combined voting power of all classes
of stock
[[Page 9270]]
entitled to vote and at least 80 percent of the total number of shares
of all other classes of stock of the subsidiary corporations.
The Coast Guard has decided not to adopt this recommendation. From
claimants' and taxpayers' standpoints, the Coast Guard does not
consider self-insurance and financial guaranties to be ironclad methods
of evidencing financial responsibility. Assets can be dissipated
without the Coast Guard's knowledge, and continuous monitoring of a
self-insured entity's asset base is not feasible. Despite the fact that
most of the companies that self-insure or use financial guaranties are
large, solvent companies that are not expected to ``walk away'' from a
spill, insurance and surety bond guaranty methods (as well as the
``other evidence'' method) provide per vessel, per incident protection
backed by reserves and independent reinsurance. The larger the insured
or bonded fleet, the larger the amounts of applicable reserves and
reinsurance. This generally is not true in the case of self-insurance
and financial guaranty.
Accordingly, the Coast Guard believes that any amendment to the
financial guarantor provision that reduces the protections afforded by
that provision is inconsistent with the concept of financial
responsibility. Although there may be a perceived anomaly in the rule,
the Coast Guard believes the benefits of the aggregation principle far
outweigh any possible anomalies or inequities. For these reasons, the
Coast Guard has not adopted this suggestion.
Paragraph (b)(5) (Other evidence): Some commenters felt that
before an ``other evidence'' method is accepted by the Coast Guard,
public notice of the proposed method should be published in the Federal
Register, so that interested organizations might comment on the
proposal. The concern is that by accepting an innocent looking ``other
evidence'' method, the Coast Guard might allow a guarantor to avoid
direct action or other provisions designed to ensure the availability
of funds for claimants.
The Coast Guard has repeatedly stated its position that any ``other
evidence'' provider is a statutory ``guarantor'' subject to all the
rights and obligations of a guarantor. The interim rule at 33 CFR
138.80(b)(5) explicitly requires an ``other evidence'' provider to
include in the guaranty form all the elements described in paragraphs
(c) and (d) of Sec. 138.80. These are the paragraphs that preclude loss
of the protections afforded claimants, no matter what novel approach a
new ``other evidence'' method may take. Because of these built-in
constraints, the Coast Guard does not believe the concerns expressed
are warranted or justify the delays necessarily inherent in affording
the public an opportunity to comment on proposed ``other evidence''
schemes. Also, the public already has commented, twice, on the
parameters and substance of the ``other evidence'' method.
Paragraph (c): This paragraph is being amended to specify that not
more than 10 guarantors, rather than four as contained in the interim
rule, may execute a surety bond guaranty. The reasons for this change
are explained under paragraph (b)(2) of this section.
Paragraph (d) (Direct action): One commenter recommended that fraud
or intentional misdeclaration be allowed as an insurance guarantor's
defense to a direct action. The Coast Guard is not adopting this
recommendation because to do so would be inconsistent with the purpose
of the guaranty--to ensure that the polluter pays for removal costs and
damages resulting from an incident or a release or threatened release.
The key here is that the Coast Guard cannot accept insurance policies
alone in the financial responsibility program because only insurance
guarantors are able to provide the assurance mandated by OPA 90 and
CERCLA. Not even the international COFR regime, prescribed by
international treaty, accepts a standard insurance policy as evidence
of financial responsibility--direct action without policy defenses is
required by the international regime, and no standard marine liability
insurance policy of which the Coast Guard is aware meets that
requirement.
One commenter observed that the third enumerated defense does not
provide for concursus of claims. ``Concursus'' is a procedure
associated with a limitation action under the 1851 Limitation of
Liability Act (1851 Act). Concursus technically is a ``procedure''
rather than a ``defense,'' and was not provided for under OPA 90 or
CERCLA. The third defense was not intended to serve as a concursus
mechanism, but, in view of the unavailability of the 1851 Act in court
actions under OPA 90 or CERCLA, was intended to reinforce OPA 90 and
CERCLA's limitation of a guarantor's liability with respect to an
incident, release, or threatened release. In addition, its purpose was
to ensure that, by becoming a guarantor under this regulation, the
guarantor has not thereby also agreed to be a guarantor under State or
local law, or other Federal law, solely by virtue of being an OPA 90/
CERCLA guarantor. As stated at 59 FR 34223, ``Right or defense number
three confirms that a guarantor shall have the right to limit its OPA
90/CERCLA liability under its guaranty to the amount of that guaranty,
despite the number of claimants and venues in which claims are brought
against the guarantor for the same incident, release or threatened
release.'' The Coast Guard has no authority by regulation to create, or
to impose on claimants and the courts, a concursus mechanism.
Paragraph (f) (Total applicable amount): Some commenters pointed
out that an oil carrying barge that does not carry hazardous substances
as cargo is exempt from CERCLA's COFR requirements and, therefore,
should not be required to demonstrate evidence of financial
responsibility for CERCLA liabilities. The Coast Guard agrees. It
appears that the discussion in the preamble to the interim rule on a
closely related point may have created confusion, but the fact remains
that the interim rule does not require the above described barge to
demonstrate evidence of financial responsibility under CERCLA. Indeed,
the rule cannot contain such a requirement since section 108(a) of
CERCLA (42 U.S.C. 9608(a)) excepts from the CERCLA financial
responsibility requirement a non-self-propelled barge that does not
carry hazardous substances as cargo.
The preamble to the interim rule (in particular, the discussion at
59 FR 34215) did not discuss every possible fact situation involving
the requirement to comply with CERCLA's financial responsibility
requirements. It focussed instead on self-propelled vessels (which
always must comply) and on barges that sometimes must comply with the
CERCLA requirement, that is, that sometimes carry oil and sometimes
carry hazardous substances, but not both at the same time. The preamble
discussion did not discuss the oil barge operator that intends never to
carry hazardous substances as cargo, which is the type of barge
referred to by this commenter.
The interim rule, 33 CFR 138.12(a)(2)(ii), exempts from part 138
only a barge that does not carry oil as cargo or fuel and does not
carry hazardous substances as cargo. If a barge, otherwise subject to
part 138, carries either of these commodities, the barge is subject to
the COFR requirements. Since an oil-carrying barge that is not carrying
hazardous substances as cargo is not subject to CERCLA's financial
responsibility requirement, and probably unable to incur liability
under CERCLA, its operator has been in the past able to obtain a
premium savings, all else being equal, when purchasing a commercial
[[Page 9271]]
COFR guaranty for its OPA 90 (and part 138) financial responsibility
obligation.
The Coast Guard did not under 33 CFR part 130 and does not now
provide COFR's or guaranty forms for the carriage of oil only or
hazardous substances only. This is because of the benefits, to both the
Coast Guard and the regulated community, of having a one-size-fits-all
COFR and guaranty. The paperwork, delays, personnel resources,
increased user fees and enforcement burden on industry simply could not
be justified. (As noted in the preamble to the interim rule (59 FR
34211), Congress intended that COFR's be one-size-fits-all.) Under this
one-size-fits-all scheme, in the event that a barge operator illegally
or otherwise carried a hazardous substance as cargo and experienced a
release, the commercial COFR guarantor ultimately might be responsible
under its guaranty for the costs and damages associated with the
release. However, so long as the barge does not carry hazardous
substances as cargo, the CERCLA reference on the COFR and in the
guaranty have no operative effect, and both the industry and Government
benefit. (See 59 FR 34215.)
An accidental but welcome benefit of the Coast Guard's one-size-
fits-all COFR policy is that operators who innocently carry hazardous
substances without realizing it are protected not only with respect to
OPA 90/CERCLA removal and damage liability, but from the rather
stringent penalty and vessel seizure sanctions as well. Instances of
mistaken identity of cargo are not unknown.
A self-insurer of a barge that carries only oil (as ``oil'' is
defined in OPA 90) also receives a one-size-fits-all COFR, but that
fact does not mean that the self-insurer in this case had to
demonstrate evidence of financial responsibility for CERCLA purposes.
Rather, this self-insurer, in order to qualify as such under the rule,
shows net worth in the flat amount of $5 million, plus the applicable
amount under part I of the applicable amount table. This is meant to
require all self-insurers to demonstrate that, even in the event of
some economic misfortune, they still may be able to satisfy a statutory
limit of liability. This $5 million minimum ``buffer'' in the self-
insurance standard is imposed by a simple cross reference (33 CFR
138.80(b)(3), introductory paragraph) to the CERCLA $5 million minimum
in the applicable amount table for a vessel carrying hazardous
substances as cargo. The Coast Guard could have chosen to fashion
additional regulatory formulae by which to compute a larger amount of
net worth. Instead, it settled on $5 million as a balance between its
(and at least one commenter's) desire for larger amounts of net worth
and the desires of those who advocate no minimum. The use of the cross-
reference to the CERCLA minimum in the applicable amount table is an
easily understood, no-calculation-required, convenient method of
determining a self-insurance net worth requirement. It is a method that
covers all types of cargo for all types of vessels. There is no need
for more complicated formulae.
This ``$5 million plus'' net worth requirement follows precedent
established for self-insurers demonstrating OPA 90-like evidence of
financial responsibility under the Trans-Alaska Pipeline Authorization
Act (43 U.S.C. 1653) (TAPAA) (see 33 CFR part 131). TAPAA, which
required evidence of financial responsibility for vessels, established
a limit of liability, per vessel per incident, of $14 million. A self-
insurer of one vessel under part 131 had to demonstrate a U.S.-based
net worth of at least $19 million. Thus, to increase the chance that
adequate funds would be available in the event of an oil spill, for
many years the Coast Guard required (with respect to self-insurance)
for these vessels a minimum of $5 million more in net worth than the
liability limit set by statute. This requirement was imposed on the
basis of the rulemaking authority granted by Congress to assure that
there would be sufficient resources available to meet the liability
imposed by the statute and is the approach retained in 33 CFR
138.80(b)(3) for all self-insurers, including a self-insurer of a barge
carrying only oil.
This $5 million buffer in the part 138 self-insurance standard is
far less stringent than in the part 131 self-insurance standard. For
example, a self-insured operator of two TAPAA oil barges under part 131
was required to demonstrate $24 million, which is a $10 million buffer.
Part 138 does not require multiple buffer amounts in the case of self-
insurance.
A financial guarantor under part 138 also must show net worth of at
least $5 million since a financial guarantor must satisfy the self-
insurance formula. The financial guarantor would also be required to
execute the one-size-fits-all financial guaranty, but, so long as a
barge was not carrying hazardous substances as cargo, the reference in
the financial guaranty to CERCLA would have no operative effect--the
same as for commercial guarantors.
If all that was required of a self-insurer or financial guarantor
was a single incident dollar limit, self-insurance and financial
guaranty could not be justified as a method of demonstrating financial
responsibility under OPA 90 or CERCLA. Accordingly, the Coast Guard is
not amending this paragraph.
Paragraphs (f)(1)(i) and (f)(1)(ii): These paragraphs are being
changed to conform this final rulemaking to the Edible Oil Regulatory
Reform Act (Pub. L. 104-55), which amends section 1016(a) of OPA 90 (33
U.S.C. 2716(a)) on financial responsibility. These changes in the final
rule reflect Congress's intent that tank vessels on which (1) no liquid
hazardous material in bulk is being carried as cargo or cargo residue
and (2) the only oil carried as cargo or cargo residue is oil defined
in section 2 of Public Law 104-55 have the same limits of liability as
non-tank vessels.
Section 138.90 Individual and Fleet Certificates
One commenter asserted that the Coast Guard's concept of a fleet
certificate is much too narrow. This commenter believes the Coast Guard
should allow for a fleet certificate in the form this commenter
believes is provided for in OPA 90 (33 U.S.C. 2716(a)), namely, one
Certificate (COFR) to cover any and all vessels in a fleet. The
commenter misconstrues this provision of the law to the extent the
commenter believes it creates a ``fleet certificate.'' What this
provision of law does is to allow a fleet operator to avoid having to
aggregate the gross tons of all the vessels of a fleet in order to
determine the amount of financial responsibility to be demonstrated.
The provision does not mean that only one COFR is required for the
entire fleet. Therefore even though an operator of a fleet is permitted
to demonstrate financial responsibility without regard to the
aggregated tonnage of the fleet, the operator generally must obtain a
COFR for each vessel in the fleet. As used in 33 CFR 138.90, ``fleet
certificate'' is an unrelated regulatory creation of the interim (and
final) rule for the benefit of a limited class of barges, that is, non-
tank barges that normally do not require COFR's. The commenter's
recommendation has not been adopted.
It appears, however, that there is some confusion as to exactly
what type of non-tank barges are eligible for coverage under this new
fleet certificate concept. In the preamble to the interim rule at 59 FR
34221, one example was a fleet of deck barges over 300 gross tons, most
of which might never carry oil or hazardous substances, but, one or two
of which possibly might have to carry a barrel of oil, or a hazardous
substance, or both on short notice in the future.
[[Page 9272]]
The fleet certificate concept has no applicability to barges that
normally require COFR's because of the routine carriage of oil as cargo
or fuel, or hazardous substances as cargo. A construction company's
barge, over 300 gross tons, that is used as a more or less permanent
platform for a gasoline or oil-powered crane, requires an individual
COFR that names the barge. If, however, that same barge had no crane or
other oil or gas-powered equipment on board, and carried no oil or
hazardous substances as cargo, that barge and its sister barges would
be candidates for a fleet certificate (i.e., sooner or later one or
more of the barges would be needed immediately to move a crane or other
equipment down river, a few barrels of gasoline from one place to
another, etc.). In the final analysis, except in the case of a self-
insurer, the eligible types of non-tank barges will be determined by
the guarantor willing to issue a guaranty for a fleet certificate. If
the reader notices in the fleet certificate concept a high degree of
flexibility, that is in fact that the Coast Guard has in mind for these
low risk, non-tank barges that might one day suddenly discover a need
to comply with OPA 90/CERCLA financial responsibility, but have no time
to accomplish the paperwork process attendant to individual COFR's.
Appendices B Through F
These appendices are, respectively, the insurance guaranty form,
the master insurance guaranty form, the surety bond guaranty form, the
financial guaranty form and the master financial guaranty form.
Several commenters recommended that each of the guaranty forms be
amended to reflect the Coast Guard's policy and intent under 33 CFR
part 138 that all payments for costs and damages made by or on behalf
of a responsible party under OPA 90 with respect to an incident or
under CERCLA with respect to a release or threatened release, reduce
the guarantor's obligation with respect to that incident or release or
threatened release by a corresponding amount. For example, assume that
a vessel operator has obtained an insurance guaranty containing OPA 90
coverage of $40 million (the amount of that operator's particular
statutory limit of liability under OPA 90) and that an oil spill occurs
resulting in OPA 90 removal costs and damages of $45 million. Assume
further that the operator's Protection and Indemnity Club (P&I Club)
(which is not the insurance guarantor) agrees to pay, under its
indemnity policy, only $40 million on behalf of its assured. In this
case, the guarantor has no further liability under its guaranty, with
respect to that incident, because the responsible party's limits under
OPA 90 have been paid--which under this rule is all any guarantor is
required to ensure. Had the Club paid only $39 million, the guarantor's
liability under its guaranty would have been reduced by $39 million.
The purpose of financial responsibility is to assure that the
responsible party can pay removal costs and damages up to its statutory
limit of liability. In the above hypothetical case, that purpose has
been served to the extent of the Club's payment.
Assume further in this example that there is a basis for breaking
the vessel operator's statutory limits and that the Club still decides
to pay, but still only $40 million. The $5 million balance would not be
owed by the guarantor solely based on the guaranty, but must be sought
from some other source, for example, the responsible party directly,
the Oil Spill Liability Trust Fund, or any party (including the
guarantor) based on a separate contractual obligation other than the
guaranty. This principle of a dollar for dollar reduction of a
guarantor's liability is an important one. It not only fulfills the
statutory pronouncement in 33 U.S.C. 2716(g) (i.e., the guarantor's
liability is limited to the amount of the guaranty), but it also
permits the Coast Guard to carry out another purpose of the rule--to
provide a continuing market for guarantors, which is an underpinning of
the law's ``polluter-pays'' philosophy. Once the guaranty obligation is
satisfied, the guarantor has no further liability, on the basis of the
guaranty, with respect to that incident. The Coast Guard agrees that
this is a necessary element of the guaranty obligation and that it
should be stated explicitly in the guaranty forms to avoid any
potential for ambiguity. Accordingly, each guaranty form has been
amended to clearly reflect this principle.
A few commenters were concerned about the inflexibility of the
termination clause in each of the forms. Each provides for a 30-day
notice of termination before a guarantor is relieved of responsibility
under the guaranty for incidents, releases, or threatened releases
occurring after the 30-day period elapses. One commenter felt the 30-
day period should be shortened to 10 days. Others felt that, to
facilitate the provision of guaranties by United States oil companies
to vessels engaged in the spot charter market, there should be a
mechanism for terminating the guaranty in less than 30 days.
Under the international regime, the termination period in most
cases is 90 days. Under the Coast Guard's predecessor rules, the
termination period in many cases was 60 days. The Coast Guard, in the
interim rule, shortened this to 30 days. This 30-day period balances
the guarantors' desire to have a shorter period with the Coast Guard's
need to allow sufficient time to determine that a vessel for which a
termination notice has been issued is not operating in United States
waters without a financial responsibility guaranty.
At the time the issue of a 30-day notice for spot charters was
raised, prospective new insurance guarantors were still negotiating
with the P&I Clubs and had not been firmly established. Many cargo
owners, therefore, were contemplating either surety bond guaranties or
contingency plans under which they might serve as financial guarantors
for ships carrying their cargoes. These potential financial guarantors
naturally wanted to terminate their obligations as soon as possible
after delivery of their cargoes, thereby reducing the chance their
guaranties would apply to the vessels while working for new charterers.
That is, they did not want to take a chance that, for a few days, they
might serve as financial guarantors for vessels that would then be
carrying other cargo owners' cargoes. While the likelihood of that
happening is extremely remote, theoretically it could happen.
The emergence of the commercial insurance guarantors (and existence
of surety bond guarantors) has, for the most part, eliminated the
concern underlying this suggestion because vessel operators now can
purchase their own guaranties. Adoption of the suggestion also would
impose undue administrative burdens on the Coast Guard. Since the
original underlying concern (lack of commercial insurance guarantors)
does not exist, the Coast Guard has decided to leave the already
shortened 30-day termination notice intact.
One commentor expressed concern that the Coast Guard's definition
of an owner or operator, as expressed in the interim rule's guaranty
forms (e.g., ``vessel owners, operators, and demise charterers'' in the
insurance guaranty), conflicts with the statutory definition in 33
U.S.C. 2701(26) which refers to any person owning, operating, or
chartering by demise. The commenter requests that the Coast Guard amend
its rule by changing ``and'' to ``or'' in order to reduce the number of
separate operators covered by a guaranty.
[[Page 9273]]
The Coast Guard has not adopted this suggestion. First, routinely,
there are at most only two persons responsible for a vessel: an owner
and an operator. Often the operator is a demise charterer, but it can
be some other type of contractor who is responsible for a vessel.
Second, and more importantly, even if three or more persons (e.g., an
owner and two or more operators) could be liable for a discharge or
substantial threat of a discharge of oil from a vessel, the guarantor
of that vessel would not a reliable for more than one limit of
liability. See 59 FR 34218. Third, the Coast Guard used the word
``and'' to implement Congress' imposition of joint and several
liability on the constituent elements of a responsible party. See
34218. The Coast Guard's use of the word ``and'' should not be
considered an attempt to define the identity of those constituent
elements with respect to any particular guaranty. That identity
necessarily is dependent on the facts of a specific case.
The Applicable Amount Table in Appendices B, C, D, E, and F are
being amended to conform with the Edible Oil Regulatory Reform Act
(Pub. L. 104-55).
Appendix D--Surety Bond Guaranty Form
The surety bond guaranty form has been amended to allow up to 10
guarantors to participate in a single surety bond guaranty. The reason
for this change is explained in the discussion under Sec. 138.80(b)(2).
One non-guarantor commenter stated that a surety's actual dollar
limit of liability should be required to be stated on each executed
surety bond guaranty form so that the maximum aggregate amount of
liability for which a guarantor may be liable under each form is
clearly stated on the face of each form. That request might have
relevance to a traditional ``finite pot of money'' bond, but not to the
regulatory creation of a ``surety bond guaranty.'' That request,
moreover, cannot be granted with respect to the prescribed surety bond
guaranty for two reasons: First, the potential (but unlikely) effect of
the prescribed form's reinstatement clause and, second, the form's
clause that, if necessary, automatically changes a stated penal sum
calculated on the basis of a vessel not carrying hazardous substances
as cargo to the correct higher penal sum calculated on the basis of a
vessel that is carrying hazardous substances as cargo. Nevertheless, if
a surety bond guarantor wished to execute a surety bond guaranty for a
single tank vessel, with a penal sum calculated on the basis of the
vessel also carrying hazardous substances as cargo, and if the
guarantor intended to provide 30-days notice of termination as soon as
an incident, release, or threatened release occurred, the guarantor
could be more than reasonably assured that the panel sum of the surety
bond guaranty would reflect the guarantor's maximum, theoretical
aggregate amount of liability. Even then, since the vessel likely would
be entered in a P&I Club, the guarantor would enjoy the probable shield
provided by the P&I Club coverage.
This commenter also recommended that the surety bond guaranty
terminate automatically upon a covered vessel's departure from United
States' waters, or that the termination period be reduced to 10 days.
This suggestion also has been made with respect to other guaranty
forms, and the reasons this recommendation has been rejected are stated
in the introductory paragraphs to the appendices.
Another non-guarantor commenter recommended that an
``interpleader'' provision be adopted whereby a surety bond guarantor
could deposit, with the National Pollution Funds Center (NPFC) or with
a court, the amount of the guaranty, so that the surety does not become
involved in multiple disputes. This is similar to the suggestion that
the regulation provide for ``concursus.'' Each guaranty appended to
this rule was designed to allow claimants to seek compensation directly
from the responsible party or guarantor, not the courts or the Coast
Guard. The intent is to remove the Government from the process as much
as possible. Accordingly, the Coast Guard has not adopted this
suggestion.
Another commenter suggested technical improvements to the surety
bond guaranty form and signature page options, which already have been
discussed and, on the whole, adopted.
Assessment
This rule is a significant regulatory action under section 3(f) of
Executive Order 12866 and has been reviewed by the Office of Management
and Budget under that order. It requires an assessment of potential
costs and benefits under section 6(a)(3) of that order. It is
significant under the regulatory policies and procedures of the
Department of Transportation (44 FR 11040; February 26, 1979). A final
regulatory impact analysis (discussed in 59 FR 34224; July 1, 1994) is
available from the National Pollution Funds Center or may be copied
where indicated under ``ADDRESSES.''
The changes to the interim rule are technical in nature and impose
no new requirements. This rule is promulgated under OPA 90 and CERCLA,
which require the ``establishment and maintenance'' of evidence of
financial responsibility for vessels. This rulemaking is intended to
implement that joint statutory mandate and, therefore, primarily is
limited to matters relating to ``establishment and maintenance'' of
financial responsibility, such as how to apply for a COFR and how to
establish evidence of financial responsibility.
This rule imposes no new paperwork burdens on vessel operators. The
methods for applying for a COFR and establishing evidence are similar
to those in the preexisting regulations under the Federal Water
Pollution Control Act (33 U.S.C. 1321) (FWPCA), the Trans-Alaska
Pipeline Authorization Act (42 U.S.C. 1653) (TAPAA), title III of the
Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1814)
(OCSLAA), and the Deepwater Port Act of 1974 (33 U.S.C. 1517) (DPA).
Vessel operators are required to complete and submit a prescribed
application form for a COFR and, if other than a self-insurer, a
prescribed form, completed by their guarantors, evidencing acceptable
financial responsibility. A similar requirement was imposed under
preexisting 33 CFR parts 130, 131, and 132, and subpart D of part 137.
This rule not only adopts these former application procedures but
actually reduces the paperwork burden by requiring that only one
application be submitted under OPA 90/CERCLA, rather than separate
applications under the FWPCA, TAPAA, and OCSLAA, which was the case.
Small Entities
This rule will have minimal direct economic impact on small
business. The rule retains procedures presently in effect and, through
consolidation, eliminates duplication of effort on the part of the
regulated industry. Therefore, the Coast Guard certifies under section
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that
this rule will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This rule contains collection-of-information requirements. The
Coast Guard has submitted these requirements to the Office of
Management and Budget (OMB) for review under section 3504(h) of the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.), and OMB has approved
them. The information collection requirements under this rule continue
previous requirements. OMB Control Number 2115-0545 was assigned to 33
CFR parts 130, 131, 132,
[[Page 9274]]
and 137. The collection-of-information requirements in these four parts
have been consolidated into part 138. Under this rule, the need to
apply for separate Certificates under separate laws is eliminated,
along with the associated paperwork. Because of the phase-in provisions
in this rule, the constantly decreasing information collection
requirements in 33 CFR part 130 remain in effect until December 27,
1997, when they will end entirely. The table in 33 CFR part 4 was
amended to show this approval number. Due to the removal of 33 CFR
parts 131, 132, and 137, the table in 33 CFR part 4 has been amended to
remove the approval number for these parts. Therefore, 33 CFR part 4
shows the approval number for 33 CFR parts 130 and 138.
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612. Section 1018 of OPA 90
specifically allows States to enact their own liability laws, and many
States have indeed established their own requirements. Therefore, the
Coast Guard has determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under section 2.B.2 of Commandant Instruction
M16475.1B, this rule is categorically excluded from further
environmental documentation. This rulemaking is administrative in
nature and has no environmental impact. This rule provides the
procedure by which a vessel operator establishes evidence of financial
responsibility.
A ``Categorical Exclusion Determination'' is available in the
docket for inspection or copying where indicated under ADDRESSES.
List of Subjects
33 CFR Part 4
Reporting and recordkeeping requirements.
33 CFR Part 130
Insurance, Maritime carriers, Reporting and recordkeeping
requirements, Water pollution control.
33 CFR Part 131
Alaska, Insurance, Maritime carriers, Oil pollution, Pipelines,
Reporting and recordkeeping requirements.
33 CFR Part 132
Continental shelf, Insurance, Maritime carriers, Oil pollution,
Reporting and recordkeeping requirements.
33 CFR Part 137
Claims, Harbors, Insurance, Oil pollution, Reporting and
recordkeeping requirements, Vessels.
33 CFR Part 138
Insurance, Maritime carriers, Reporting and recordkeeping
requirements, Water pollution control.
For the reasons set out in the preamble, the Coast Guard adopts, as
a final rule, the interim rule which was published at 59 FR 34210 on
July 1, 1994, and in addition, the Coast Guard is amending 33 CFR Parts
4, 130, 131, 132, 137 and 138 as follows:
Dated: February 29, 1996.
Robert E. Kramek,
Admiral, U.S. Coast Guard Commandant.
PART 4--OMB CONTROL NUMBERS ASSIGNED PURSUANT TO THE PAPERWORK
REDUCTION ACT
1. The authority citation for part 4 continues to read as follows:
Authority: 44 U.S.C. 3507; 49 CFR 1.45(a).
Sec. 4.02 [Amended]
2. In Sec. 4.02, remove the following entries from the table:
Part 131......................................................2115-0545
Part 132......................................................2115-0545
Part 137......................................................2115-0545
PART 131--[REMOVED]
3. Part 131 is removed.
PART 132--[REMOVED]
4. Part 132 is removed.
PART 137--[REMOVED]
5. Part 137 is removed.
PART 138--FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS)
6. The authority citation for part 138 continues to read as
follows:
Authority: 33 U.S.C. 2716; 42 U.S.C. 9608; sec. 7(b), E.O.
12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 198; 49 CFR 1.46;
Sec. 138.30 also issued under the authority of 46 U.S.C. 2103; 46
U.S.C. 14302; 49 CFR 1.46.
Sec. 138.10 [Amended]
7. In Sec. 138.10(b), remove the word ``Senate'' and add, in its
place, the word ``Section''.
Sec. 138.12 [Amended]
8. In Sec. 138.12, in paragraph (c), remove the word ``For'' and
add, in its place, the words ``In addition to a non-self-propelled
barge over 300 gross tons that carries hazardous substances as cargo,
for''.
Sec. 138.20 [Amended]
9. In Sec. 138.20(b), at the end of definition for fuel, add the
new sentence ``A hand-carried pump with not more than five gallons of
fuel capacity, that is neither integral to nor regularly stored aboard
a non-self-propelled barge, is not equipment.''; in the definition for
operator, after the word ``scrapper,'' add the word ``lessor,''; and,
in the definition for tank vessel, after the word ``gross'', add the
word ``tons''.
10. In Sec. 138.80, in paragraph (b)(2), remove the word ``four''
and add, in its place, the number ``10''; in paragraph (b)(3)(i)
introductory text, remove the words ``with the associated notes,
certified'' and add, in their place, the words ``prepared in accordance
with Generally Accepted Accounting Principles, and audited''; in the
same paragraph, following the first sentence, add the sentence ``These
financial statements must be audited in accordance with Generally
Accepted Auditing Standards.''; in the same paragraph, remove the words
``certifying to'' and add, in their place, the word ``verifying''; in
paragraph (b)(3)(i)(B), remove the word ``certified'' and add, in its
place, the word ``verified''; in paragraph (c)(1) introductory text, in
the second sentence, remove the word ``Four'' and add, in its place,
the word ``Ten''; in paragraph (f)(1)(i) introductory text, after the
words ``tank vessel'', add the words ``(except a tank vessel on which
no liquid hazardous material in bulk is being carried as cargo or cargo
residue, and on which the only oil carried as cargo or cargo residue is
an animal fat or vegetable oil, as those terms are used in section 2 of
the Edible Oil Regulatory Reform Act (Pub. L. 104-55))''; and paragraph
(f)(1)(ii) is revised to read as follows:
Sec. 138.80 Financial Responsibility, how established.
* * * * *
(f) * * *
(1) * * *
(ii) For a vessel other than a tank vessel under paragraph
(f)(1)(i) of this section that is over 300 gross tons or that is 300
gross tons or less using the waters of the Exclusive Economic Zone of
the United States to transship or lighter oil destined for a place
subject to the jurisdiction of the United States, the
[[Page 9275]]
greater of $500,000 or $600 per gross ton.
* * * * *
Sec. 138.110 [Amended]
11. In Sec. 138.110, in paragraph (a), in the first sentence,
remove the words ``a scrapper'' and add, in their place, the words
``scrapper, lessor,''; in the same paragraph, in the second sentence,
after the word ``scrapping,'' add the word ``lease,''; in the same
paragraph, in the third sentence, after the word ``scrapping,'' add the
word ``leasing,''; and, in paragraph (c)(1), after the word
``scrapper,'' add the word ``lessor,''.
Appendices B, C, D, E, and F to Part 138 [Amended]
12. Appendices B, C, D, E, and F to part 138 are revised to read as
follows:
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[FR Doc. 96-5238 Filed 3-6-96; 8:45 am]
BILLING CODE 4910-14-C
Complete official Federal Register PDF
FR Doc. 96-5131 Incentive Grant Criteria for Drunk Driving Prevention Programs
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9101-9104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5131]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
23 CFR Part 1313
[Docket No. 89-02; Notice 8]
RIN 2127-AD01
Incentive Grant Criteria for Drunk Driving Prevention Programs
AGENCY: National Highway Traffic Safety Administration, (NHTSA),
Department of Transportation.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim final rule amends the regulations on incentive
grant criteria for drunk driving prevention programs to reflect changes
that were made to the section 410 program by the National Highway
System Designation Act of 1995 (NHS Act). As a result of this interim
final rule, the Section 410 supplemental grant criterion that requires
that States ``deem persons under age 21 who operate a motor vehicle
with a BAC of 0.02 or greater to be driving while intoxicated'' has
been changed to a basic grant criterion. In addition, the regulation
now provides for an alternative method for some States to demonstrate
compliance with the basic grant criterion that requires that States
have a ``statewide program for stopping vehicles.''
In today's Federal Register, NHTSA and the Federal Highway
Administration (FHWA) have published a separate notice of proposed
rulemaking (NPRM), which contains a proposal for implementing a new
``zero tolerance'' sanction program enacted by the NHS Act, which is
similar to the Section 410 ``0.02 BAC'' basic grant criterion cited
above. NHTSA requests comments regarding the changes made by this
interim final rule, and regarding whether additional changes should be
made to the Section 410 ``0.02 BAC'' basic grant criterion, as a result
of the new ``zero tolerance'' sanction program.
DATES: This interim final rule becomes effective March 7, 1996.
Comments on this interim rule are due no later than April 22, 1996.
ADDRESSES: Written comments should refer to the docket number and the
number of this notice and be submitted (preferably in ten copies) to:
Docket Section, National Highway Traffic Safety Administration, Room
5109, Nassif Building, 400 Seventh Street, S.W., Washington, D.C.
20590. (Docket hours are from 9:30 a.m. to 4 p.m.)
FOR FURTHER INFORMATION CONTACT: Ms. Marlene Markison, Chief, Program
Support Staff, NRO-10, National Highway Traffic Safety Administration,
400 Seventh Street S.W., Washington, DC 20590; telephone (202) 366-2121
or Ms. Heidi L. Coleman, Assistant Chief Counsel for General Law,
Office of Chief Counsel, NCC-30, National Highway Traffic Safety
Administration, 400 Seventh Street, S.W., Washington, D.C. 20590,
telephone (202) 366-1834.
SUPPLEMENTARY INFORMATION: Section 410, title 23, United States Code,
as amended, established an incentive grant program under which States
may qualify for basic and supplemental grant funds for adopting and
implementing comprehensive drunk driving prevention programs that meet
specified statutory criteria.
On November 28, 1995, the National Highway System Designation Act
of 1995 (NHS Act) was enacted into law. Section 324 of the NHS Act
contained amendments to 23 U.S.C. 410.
Statewide Program for Stopping Motor Vehicles
Before its amendment by the NHS Act, Section 410 contained a basic
grant criterion requiring that States must provide for ``a statewide
program for stopping motor vehicles.'' To qualify for a basic grant
under this criterion, States were required to provide:
[[Page 9102]]
A statewide program for stopping motor vehicles on a
nondiscriminatory, lawful basis for the purpose of determining
whether or not the operators of such motor vehicles are driving
while under the influence of alcohol.
On June 30, 1992, NHTSA issued an interim final rule to implement
this provision. The preamble to the interim final rule stated:
NHTSA is aware * * * that the courts in some States have
declared the use of checkpoints or roadblocks to be unconstitutional
under their State constitution [ and has, therefore, * * *]
attempted in this final rule to provide some flexibility to enable
these States to describe other Statewide programs for stopping motor
vehicles, using alternative methods * * *
The agency [, however,] expects most States will meet this
criterion by describing their plans for conducting a Statewide
checkpoint or roadblock program.
Section 324(b)(1) of the NHS Act amended Section 410 by providing
an alternative method of demonstrating compliance with this Section 410
basic grant criterion, for those States in which checkpoints or
roadblocks have been declared to be unconstitutional. Section 324(b)(1)
provides:
A State shall be treated as having met the requirement of this
paragraph if--
(i) the State provides to the Secretary a written certification
that the highest court of the State has issued a decision indicating
that implementation of subparagraph (A) would constitute a violation
of the constitution of the State; and
(ii) the State demonstrates to the satisfaction of the Secretary
that--
(I) the alcohol fatal crash involvement rate in the State has
decreased in each of the 3 most recent calendar years for which
statistics for determining such rate are available; and
(II) the alcohol fatal crash involvement rate in the State has
been lower than the average such rate for all States in each of such
calendar years.
As a result of the changes made by today's interim final rule, a
State may demonstrate compliance with this criterion using an
alternative method, under which the State must submit a certification
that the highest court of the State has issued a decision, indicating
that a Statewide program for the stopping of motor vehicles on a
nondiscriminatory, lawful basis for the purpose of determining whether
or not the operators of such motor vehicles are driving while under the
influence of alcohol, would constitute a violation of the State's
Constitution. The State must also provide a copy of the court's
decision.
NHTSA will then, based on data contained in the Fatal Accident
Reporting System (FARS) and using NHTSA's method for estimating alcohol
involvement, determine the alcohol involvement rate in fatal crashes in
the State in each of the three most recent calendar years for which
statistics for determining this rate are available and the average such
rate for all States in each of these three years.
The State will qualify, under this criterion, if NHTSA determines
that the data show that the alcohol involvement rate in fatal crashes
in the State has decreased in each of the three most recent calendar
years for which statistics for determining such rate are available, and
that the alcohol involvement rate in fatal crashes in the State has
been lower than the average such rate for all States in each of such
calendar years.
0.02 BAC Per Se Law for Persons Under Age 21
Prior to the enactment of the NHS Act, Section 410 provided that,
to qualify for basic grant funds, a State was required to meet five out
of six basic grant criteria.1 If a State qualified for a basic
grant, it could also seek to qualify for funds under one or more of
seven supplemental grants. To qualify under the first of these seven
supplemental grants, a State was required to provide that any person
under age 21 with an alcohol concentration of 0.02 percent or greater
when driving a motor vehicle shall be deemed to be driving while
intoxicated.
---------------------------------------------------------------------------
\1\ To receive a basic grant, States that qualified for section
410 funding in FY 1992 could demonstrate compliance with only four
out of the five basic grant criteria that were in effect at that
time.
---------------------------------------------------------------------------
Section 324(b)(2) of the NHS Act amended Section 410 by converting
this ``0.02 BAC'' requirement from a supplemental to a basic grant
criterion. Accordingly, as a result of the changes made by this interim
final rule, the ``0.02 BAC'' requirement remains the same. However, it
is removed from the list of supplemental grants (reducing the number of
such grants from seven to six), and added to the list of basic grant
criteria under Section 410 (increasing the total of basic grant
criteria from six to seven).
To qualify for basic grant funds, States must now meet five out of
seven basic grant criteria.2 As before, if a State qualifies for a
basic grant, it can also seek to qualify for funds under one or more of
the supplemental grants. However, the number of supplemental grants has
been reduced from seven to six.
---------------------------------------------------------------------------
\2\ To receive a basic grant, States that qualified for section
410 funding in FY 1992 have two options. They may qualify either by
demonstrating compliance with four out of the five basic grant
criteria that were in effect at that time, or by demonstrating
compliance with five out of the seven current basic grant criteria.
---------------------------------------------------------------------------
Interim Final Rule
This notice is published as an interim final rule. Accordingly, the
changes to Part 1313 described above are fully in effect and binding
upon the notice's publication. No further regulatory action by NHTSA is
necessary to make these changes effective.
To ensure that States are able to apply for grant funds in fiscal
year 1996 under an implementing regulation that reflects the statutory
amendments contained in the NHS Act, these changes have been made as an
interim final rule, without prior notice and opportunity to comment.
These changes do not impose any additional requirements on States. In
fact, they provide additional flexibility to States that wish to apply
for Section 410 grants this fiscal year. In addition, the changes made
to the regulation, simply reflect the statutory amendments enacted by
the NHS Act.
NHTSA requests comments on these changes. All comments submitted in
response to this notice will be considered by the agency. Following the
close of the comment period, NHTSA will publish a notice responding to
the comments and, if appropriate, will further amend the provisions of
Part 1313.
NHTSA also requests comments on the issues described below, which
involve changes the agency is considering for adoption in future
rulemaking, but which have not been made in today's interim final rule.
New Zero Tolerance Sanction
As explained more fully in a separate notice of proposed rulemaking
(NPRM), published in the notices section of today's Federal Register,
Section 320 of the NHS Act added a new Section 161 to title 23, United
States Code, to create a new zero tolerance sanction program, which
requires the withholding of certain Federal-aid highway funds from
States that do not enact and enforce a ``zero tolerance'' law. The
``zero tolerance'' requirement contained in Section 161 is similar, but
not identical, to the ``0.02 BAC'' grant criterion contained in Section
410.
Section 410 provides that, to qualify for funding under the ``0.02
BAC'' grant criterion, a State must provide ``that any person under age
21 with a BAC of 0.02 percent or greater when driving a motor vehicle
shall be deemed to be driving while intoxicated.'' Section 161 provides
that, to avoid the withholding of Federal-aid highway funds, a State
must enact and enforce ``a law that considers an individual under the
age of
[[Page 9103]]
21 who has a BAC of 0.02 percent or greater while operating a motor
vehicle in the State to be driving while intoxicated or driving under
the influence of alcohol.''
In the NPRM, NHTSA and the Federal Highway Administration (FHWA),
the agencies responsible for jointly administering this new sanction
program, state that:
The agencies believe that, while Congress intended to encourage
all States to enact and enforce effective zero tolerance laws, it
also intended to provide States with sufficient flexibility so they
could develop laws that suited the particular conditions that exist
in those States. Accordingly, the statute prescribes only a limited
number of basic elements that State laws must meet to avoid the
withholding of Federal-aid highway funds.
NHTSA and FHWA propose in the NPRM that, to avoid the sanction,
States must demonstrate that they have enacted and are enforcing a law
that: (1) Applies to all individuals under the age of 21; (2) sets a
BAC of not higher than 0.02 percent as the legal limit; (3) makes
operating a motor vehicle by an individual under the age of 21 above
the legal limit a per se offense; and (4) provides for primary
enforcement.
Impact of New Zero Tolerance Sanction on 0.02 BAC Criterion
The proposed requirement under the new zero tolerance sanction
differs from the current requirement under the Section 410 ``0.02 BAC''
grant criterion. Currently, to qualify for a Section 410 grant under
the ``0.02 BAC'' grant criterion, in addition to the requirements
listed above, a State must provide for a 30-day suspension or
revocation. The 30-day suspension or revocation period must be a
mandatory hard suspension or revocation (i.e., it may not be subject to
hardship, conditional or provisional driving privileges). To
demonstrate compliance with this criterion, States must submit a law
that provides for each element of the criterion, except that States
with laws that do not specifically provide for a 30-day suspension
period may submit data showing that the average length of the
suspension term for offenders meets or exceeds 30 days.
As stated above, today's interim final rule changes the Section 410
``0.02 BAC'' grant criterion from a supplemental to a basic grant
criterion. It does not, however, change the criterion itself or the
method for demonstrating compliance.
If the proposed ``zero tolerance'' regulation published in today's
NPRM is adopted without change, and no further changes are made to the
Section 410 ``0.02 BAC'' grant criterion, the following situation could
result: a State could enact and enforce a law that would permit it to
avoid the ``zero tolerance'' sanction, but not enable it to qualify for
a Section 410 grant under the ``0.02 BAC'' grant criterion.
The current Section 410 ``0.02 BAC'' criterion was first adopted in
an interim final rule, dated August 9, 1994 (59 FR 40470), which
requested comments from the public. In response to that notice, one
commenter (Advocates for Highway Safety) expressed concern that the
criterion was not strict enough. Advocates stated:
We are not convinced * * * that a 30-day period of suspension is
sufficient to make an effective impression on under age 21 drivers.
* * * We believe that there is a strong argument for requiring a 90-
day suspension for under age 21 supplemental grants even for states
that meet the basic grant criteria without an ALR law.
Two commenters (the Michigan Department of State Police and the
National Association of Governors' Highway Safety Representatives
(NAGHSR)) considered the 30-day hard suspension requirement too strict.
NAGHSR expressed the view that the 30-day requirement was not contained
in the Section 410 statute, and its inclusion in the regulation made it
unnecessarily difficult for States to qualify for Section 410 funds.
In light of the comments that NHTSA received in response to its
interim final rule dated August 9, 1994, and the proposed
implementation of the new ``zero tolerance'' sanction program
established by the NHS Act, NHTSA is requesting comments regarding
whether to make further revisions to Part 1313. Specifically, NHTSA
requests comments regarding whether it should retain different
requirements under the ``zero tolerance'' sanction and the Section 410
``0.02 BAC'' grant criterion, or whether it should amend the Section
410 ``0.02 BAC'' criterion to be the same as the ``zero tolerance''
sanction requirement.
Written Comments
Interested persons are invited to comment on this interim final
rule. It is requested, but not required, that ten copies be submitted.
All comments must be limited to 15 pages in length. Necessary
attachments may be appended to those submissions without regard to the
15-page limit. (49 CFR 553.21.) This limitation is intended to
encourage commenters to detail their primary arguments in a concise
fashion.
Written comments to the public docket must be received by April 22,
1996. All comments received before the close of business on the comment
closing date, will be considered and will be available for examination
in the docket at the above address before and after that date. To the
extent possible, comments filed after the closing date will also be
considered. However, the rulemaking action may proceed at any time
after that date. Following the close of the comment period, NHTSA will
publish a notice responding to the comments and, if appropriate, NHTSA
will amend the provisions of this rule. NHTSA will continue to file
relevant material in the docket as it becomes available after the
closing date, and it is recommended that interested persons continue to
examine the docket for new material.
Those persons desiring to be notified upon receipt of their
comments in the docket should enclose, in the envelope with their
comments, a self-addressed stamped postcard. Upon receiving the
comments, the docket supervisor will return the postcard by mail.
Copies of all comments will be placed in Docket 89-02; Notice 8 of
the NHTSA Docket Section in Room 5109, Nassif Building, 400 Seventh
Street, SW., Washington, DC 20590.
Regulatory Analyses and Notice
Executive Order 12778 (Civil Justice Reform)
This interim final rule will not have any preemptive or retroactive
effect. The enabling legislation does not establish a procedure for
judicial review of final rules promulgated under its provisions. There
is no requirement that individuals submit a petition for
reconsideration or other administrative proceedings before they may
file suit in court.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The agency has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866 or
Department of Transportation Regulatory Policies and Procedures.
Section 410 is a voluntary program. In addition, the changes made in
this interim final rule merely reflect amendments contained in Public
Law 104-59. Accordingly, a full regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), the agency has evaluated the effects of this action
on small entities. Based on the evaluation, we certify that this action
will not have a significant impact on a substantial number of small
entities. Accordingly, the preparation of
[[Page 9104]]
a Regulatory Flexibility Analysis is unnecessary.
Paperwork Reduction Act
The requirements relating to the regulation that this rule is
amending that States retain and report to the Federal government
information which demonstrates compliance with drunk driving prevention
incentive grant criteria, are considered to be information collection
requirements, as that term is defined by the Office of Management and
Budget (OMB) in 5 CFR Part 1320.
Accordingly, these requirements have been submitted previously to
and approved by OMB, pursuant to the Paperwork Reduction Act (44 U.S.C.
3501, et seq.). These requirements have been approved under OMB No.
2127-0501. A request for an extension of this approval through 11/30/98
is currently pending.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has
determined that it will not have any significant impact on the quality
of the human environment.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this action does not have sufficient federalism implications to
warrant the preparation of a federalism assessment. Accordingly, the
preparation of a Federalism Assessment is not warranted.
List of Subjects in 23 CFR Part 1313
Alcohol abuse, Drug abuse, Grant programs--transportation, Highway
safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, NHTSA amends 23 CFR Part 1313 as
set forth below:
PART 1313--INCENTIVE GRANT CRITERIA FOR DRUNK DRIVING PREVENTION
PROGRAMS
1. The authority citation for Part 1313 continues to read as
follows:
Authority: 23 U.S.C. 410; delegation of authority at 49 CFR
1.50.
2. Section 1313.5 is amended by removing the word ``six'' in the
introductory text and by adding paragraphs (c)(4) and (g) to read as
follows:
Sec. 1313.5 Requirements for a basic grant.
* * * * *
(c) * * *
(4)(i) A State shall be treated as having met the requirement of
this paragraph if the highest court of the State has issued a decision
indicating that implementation of paragraph (c)(1) of this section
would constitute a violation of the constitution of the State and NHTSA
determines, based on data contained in the Fatal Accident Reporting
System (FARS) and using NHTSA's method for estimating alcohol
involvement, that the alcohol involvement rate in fatal crashes in the
State:
(A) Has decreased in each of the 3 most recent calendar years for
which statistics for determining such rate are available; and
(B) The alcohol involvement rate in fatal crashes in the State has
been lower than the average such rate for all States in each of such
calendar years.
(ii) To demonstrate compliance under this paragraph in each fiscal
year the State receives a basic grant based on this criterion, the
State shall submit:
(A) A certification that the highest court of the State has issued
a decision indicating that a Statewide program for the stopping of
motor vehicles on a nondiscriminatory, lawful basis for the purpose of
determining whether or not the operators of such motor vehicles are
driving while under the influence of alcohol, would constitute a
violation of the State's Constitution; and
(B) A copy of the court's decision.
* * * * *
(g) Per se law for persons under age 21. (1) Provide that any
person under age 21 with an alcohol concentration of 0.02 percent or
greater when driving a motor vehicle shall be deemed to be driving
while intoxicated and shall be subject to the temporary debarring of
all driving privileges for a term of not less than 30 days.
(2)(i) To demonstrate compliance in each year the State receives a
basic grant based on this criterion, a Law State shall submit a copy of
the law, regulation or binding policy directive implementing or
interpreting the law or regulation, which provides for each element of
the per se law for persons under age 21 criterion.
(ii) For the purpose of this paragraph, ``Law State'' means a State
that has a law, regulation or binding policy directive implementing or
interpreting an existing law or regulation which provides for each
element of the per se law for persons under age 21 criterion.
(3)(i) To demonstrate compliance in each year the State receives a
basic grant based on this paragraph, a Data State shall submit a copy
of the law, regulation or binding policy directive implementing or
interpreting the law or regulation, which provides for each element of
the per se law for persons under age 21 criterion and data showing that
the average length of the suspension term for offenders under this law
meets or exceeds 30 days.
(ii) The State can provide the necessary data based on a
representative sample. Data on the average length of the suspension
term must not include license suspension periods which exceed the terms
actually prescribed by the State, and must reflect terms only to the
extent that they are actually completed.
(iii) For the purpose of this paragraph, ``Data State'' means a
State that has a law, regulation or binding policy directive
implementing or interpreting an existing law or regulation which
provides for each element of the per se law for persons under age 21
criterion, except that it does not specifically provide for the
temporary debarring of all driving privileges for a term of not less
than 30 days.
Sec. 1313.6 [Amended]
3. Section 1313.6 is amended by removing paragraph (a) and
redesignating paragraphs (b) through (g) as paragraphs (a) through (f),
respectively.
Issued on: February 29, 1996.
Ricardo Martinez,
Administrator, National Highway Traffic Safety Administration.
[FR Doc. 96-5131 Filed 3-6-96; 8:45 am]
BILLING CODE 4910-59-P
Complete official Federal Register PDF
FR Doc. 96-5080 Airworthiness Directives; McDonnell Douglas Model MD-11 Series Airplanes
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9098-9100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5080]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-NM-37-AD; Amendment 39-9530; AD 96-05-04]
Airworthiness Directives; McDonnell Douglas Model MD-11 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain McDonnell Douglas Model MD-11 series airplanes.
This action requires the installation of a control cable guard to
separate the flight control cables from the electrical wiring of the
aft left cabin attendant console. This amendment is prompted by reports
of burnt electrical wire cable in the cabin attendant console that was
caused by chafing of the wire cable against certain flight control
cables. The actions specified in this AD are intended to prevent
chafing of these wire cables, which could result in a fire hazard or
damage to critical flight control cables.
DATES: Effective March 22, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 22, 1996.
Comments for inclusion in the Rules Docket must be received on or
before May 6, 1996.
[[Page 9099]]
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-37-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
The service information referenced in this AD may be obtained from
McDonnell Douglas Corporation, 3855 Lakewood Boulevard, Long Beach,
California 90846, Attention: Technical Publications Business
Administration, Department C1-L51 (2-60). This information may be
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington; or at the FAA, Los Angeles Aircraft
Certification Office, Transport Airplane Directorate, 3960 Paramount
Boulevard, Lakewood, California; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Brett Portwood, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712; telephone (310) 627-5347; fax (310) 627-5210.
SUPPLEMENTARY INFORMATION: The FAA has received a report from an
operator of McDonnell Douglas Model MD-11 series airplanes, indicating
that a burnt electrical wire cable was found in the cabin attendant's
console located at door 4 left. Investigation has revealed that the
electrical wiring of the cabin attendant console was damaged due to
intermittent rubbing (chafing) between the wiring and one or both of
the control cables of the rudder and horizontal stabilizer. This
condition, if not corrected, could result in a wiring short, which
could lead to a fire. It also could result in damage to the control
cable of the rudder or the horizontal stabilizer. Further, it could
result in damage to and disabling of the evacuation warning system
signaling system (EVAC).
McDonnell Douglas has issued Service Bulletin MD11-27-051, dated
December 9, 1995, which describes procedures for installing a guard to
separate the flight control cables from the electrical wiring of the
aft left cabin attendant console. Installation of this guard will
prevent the rubbing (chafing) condition and will minimize the
possibility of a wiring short.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design, this AD is
being issued to prevent chafing of the electrical wire cables in the
aft left cabin attendant console against the flight control cables,
which could lead to a fire hazard or damage to the control cables of
the rudder or the horizontal stabilizer. This AD requires installation
of a guard to separate the flight control cables and the electrical
wiring of the aft left cabin attendant console. This action is required
to be accomplished in accordance with the service bulletin described
previously.
None of the Model MD-11 series airplanes affected by this action
are on the U.S. Register. All airplanes included in the applicability
of this rule currently are operated by non-U.S. operators under foreign
registry; therefore, they are not directly affected by this AD action.
However, the FAA considers that this rule is necessary to ensure that
the unsafe condition is addressed in the event that any of these
subject airplanes are imported and placed on the U.S. Register in the
future.
Should an affected airplane be imported and placed on the U.S.
Register in the future, it would require approximately 2 work hours to
accomplish the required actions, at an average labor charge of $60 per
work hour. Required parts would cost approximately $1,534 per airplane.
Based on these figures, the cost impact of this AD would be $1,654 per
airplane.
Since this AD action does not affect any airplane that is currently
on the U.S. register, it has no adverse economic impact and imposes no
additional burden on any person. Therefore, notice and public
procedures hereon are unnecessary and the amendment may be made
effective in less than 30 days after publication in the Federal
Register.
Comments Invited
Although this action is in the form of a final rule and was not
preceded by notice and opportunity for public comment, comments are
invited on this rule. Interested persons are invited to comment on this
rule by submitting such written data, views, or arguments as they may
desire. Communications shall identify the Rules Docket number and be
submitted in triplicate to the address specified under the caption
ADDRESSES. All communications received on or before the closing date
for comments will be considered, and this rule may be amended in light
of the comments received. Factual information that supports the
commenter's ideas and suggestions is extremely helpful in evaluating
the effectiveness of the AD action and determining whether additional
rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 96-NM-37-AD.'' The postcard will be date stamped and
returned to the commenter.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
[[Page 9100]]
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-05-04 McDonnell Douglas: Amendment 39-9530. Docket 96-NM-37-AD.
Applicability: Model MD-11 series airplanes, having
manufacturer's Fuselage Number 0458, 0459, 0460, 0463, 0464, 0465,
0472, 0473, 0477, 0484, 0487, 0494, 0498, 0502, 0509, 0533, 0570,
and 0571; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent chafing of the electrical wiring of the aft left
cabin attendant console, which could lead to a potential fire hazard
or damage to critical flight control cables, accomplish the
following:
(a) Within 60 days after the effective date of this AD, install
a control cable guard in accordance with McDonnell Douglas Service
Bulletin MD11-27-051, dated December 19, 1995.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Los Angeles Aircraft Certification
Office (ACO), FAA, Transport Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Los Angeles ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) The installation shall be done in accordance with McDonnell
Douglas Service Bulletin MD11-27-051, dated December 19, 1995. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from McDonnell Douglas Corporation, 3855
Lakewood Boulevard, Long Beach, California 90846, Attention:
Technical Publications Business Administration, Department C1-L51
(2-60). Copies may be inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
FAA, Los Angeles Aircraft Certification Office, Transport Airplane
Directorate, 3960 Paramount Boulevard, Lakewood, California; or at
the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
(e) This amendment becomes effective on March 22, 1996.
Issued in Renton, Washington, on February 28, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-5080 Filed 3-6-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-5079 Airworthiness Directives; Airbus Model A330 and A340 Series Airplanes
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9096-9098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5079]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-NM-34-AD; Amendment 39-9531; AD 96-05-05]
Airworthiness Directives; Airbus Model A330 and A340 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Airbus Model A330 and A340 series airplanes. This
action requires replacement of the inlet filter in the spoiler servo-
controls and installation of a lockwire. This amendment is prompted by
reports of leakage of hydraulic fluid at the inlet filter plug of the
spoiler actuator as a result of inadequate torque of the filter plug,
and reports of broken lockwires. The actions specified in this AD are
intended to prevent loss of hydraulic fluid to the extent that a
complete failure of the associated hydraulic system could occur. Such a
loss, when combined with other hydraulic system failures, could reduce
the controllability of the airplane.
DATES: Effective March 22, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 22, 1996.
Comments for inclusion in the Rules Docket must be received on or
before May 6, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-34-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
The service information referenced in this AD may be obtained from
Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,
France. This information may be examined at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Charles Huber, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2589; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: The Direction Generale de l'Aviation Civile
(DGAC), which is the airworthiness authority for France, recently
notified the FAA that an unsafe condition may exist on certain Airbus
Model A330 and A340 series airplanes. The DGAC advises that there have
been several reports of external leakage of hydraulic fluid on these
airplanes due to loose filter plugs of the spoiler actuators. Almost
all of the inspected plugs were found to have a torque value below the
necessary 69.1 Nm, and had to be re-tightened. Additionally, there have
been at least four reports of broken lockwires found on these
components. This condition, if not corrected, could result in loss of
hydraulic fluid to the extent that a complete failure of the associated
hydraulic system could occur. Such a failure, when combined with other
hydraulic system failures, could reduce the controllability of the
airplane.
[[Page 9097]]
Airbus Industrie has issued Service Bulletin A330-27-3034 (for
Model A330 series airplanes) and Service Bulletin A340-27-4041 (for
Model A340 series airplanes), both dated June 21, 1995. These service
bulletins describe procedures for replacement of the inlet filter in
each of the 12 spoiler servo-controls located at surface position 1 to
6 (left-hand and right-hand). The service bulletins also describe
procedures for securing these filters with lockwires. (These service
bulletins also refer to Feinmechanische Werke Mainz Service Bulletin
MZ4306000-27-001 for detailed installation instructions.) The actions
specified in these service bulletins will prevent leakage and loosening
of the spoiler servo-control filter and plug. The DGAC classified the
Airbus service bulletins as mandatory and issued French Airworthiness
Directive (CN) 95-149-015(B) (applicable to Model A330 series
airplanes) and CN 95-147-026(B) (applicable to Model A340 series
airplanes), both dated July 29, 1995, in order to assure the continued
airworthiness of these airplanes in France.
These airplane models are manufactured in France and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.19) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DGAC has kept the FAA informed
of the situation described above. The FAA has examined the findings of
the DGAC, reviewed all available information, and determined that AD
action is necessary for products of this type design that are
certificated for operation in the United States.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD is being issued to prevent the loss of
hydraulic fluid to the extent that a complete failure of the associated
hydraulic system could occur. This AD requires replacement of the inlet
filter in each of the 12 spoiler servo-controls located at surface
position 1 to 6 (left-hand and right-hand); and the installation of
associated lockwires. The actions are required to be accomplished in
accordance with the service bulletins described previously.
None of the Model A330 or A340 series airplanes affected by this
action are on the U.S. Register. All airplanes included in the
applicability of this rule currently are operated by non-U.S. operators
under foreign registry; therefore, they are not directly affected by
this AD action. However, the FAA considers that this rule is necessary
to ensure that the unsafe condition is addressed in the event that any
of these subject airplanes are imported and placed on the U.S. Register
in the future.
Should an affected airplane be imported and placed on the U.S.
Register in the future, it would require approximately 14 work hours to
accomplish the required actions, at an average labor charge of $60 per
work hour. Required parts would be provided by the manufacturer at no
charge to the operator. Based on these figures, the cost impact of this
AD would be $840 per airplane.
Since this AD action does not affect any airplane that is currently
on the U.S. register, it has no adverse economic impact and imposes no
additional burden on any person. Therefore, notice and public
procedures hereon are unnecessary and the amendment may be made
effective in less than 30 days after publication in the Federal
Register.
Comments Invited
Although this action is in the form of a final rule and was not
preceded by notice and opportunity for public comment, comments are
invited on this rule. Interested persons are invited to comment on this
rule by submitting such written data, views, or arguments as they may
desire. Communications shall identify the Rules Docket number and be
submitted in triplicate to the address specified under the caption
ADDRESSES. All communications received on or before the closing date
for comments will be considered, and this rule may be amended in light
of the comments received. Factual information that supports the
commenter's ideas and suggestions is extremely helpful in
[[Page 9098]]
evaluating the effectiveness of the AD action and determining whether
additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 96-NM-34-AD.'' The postcard will be date stamped and
returned to the commenter.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-05-05 Airbus: Amendment 39-9531. Docket 96-NM-34-AD.
Applicability: Model A330-301, -321, -322, -341, and -342 series
airplanes; and Model A340-211, -212, -311, and -312 series
airplanes; on which Airbus Modification No. 42724 or its production
equivalent has not been installed; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent the loss of hydraulic fluid to the extent that a
complete failure of the associated hydraulic system could occur,
accomplish the following:
(a) Within 18 months after the effective date of this AD,
replace the inlet filter in each of the 12 spoiler servo-controls
located at surface position 1 through 6 (left-hand and right-hand),
inclusive, and secure with lockwire, in accordance with either
Airbus Service Bulletin A330-27-3034 (for Model A330 series
airplanes) or Airbus Service Bulletin A340-27-4041 (for Model A340
series airplanes), both dated June 21, 1995, as applicable.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) The actions shall be done in accordance with Airbus Service
Bulletin A330-27-3034 (for Model A330 series airplanes), dated June
21, 1995; or Airbus Service Bulletin A340-27-4041 (for Model A340
series airplanes), dated June 21, 1995. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France. Copies may be inspected at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or
at the Office of the Federal Register, 800 North Capitol Street,
NW., suite 700, Washington, DC.
(e) This amendment becomes effective on March 22, 1996.
Issued in Renton, Washington, on February 28, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-5079 Filed 3-6-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-5078 Airworthiness Directives; Canadair Model CL-215-1A10 Series Airplanes
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9090-9091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5078]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-272-AD; Amendment 39-9532; AD 96-05-06]
Airworthiness Directives; Canadair Model CL-215-1A10 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to all Canadair Model CL-215-1A10 series airplanes. This
action requires a one-time inspection of the main distribution center
for loose or missing attachment hardware, and correction of any
discrepancy identified. This amendment is prompted by a report of total
loss of electrical power on one airplane during flight, which was
caused by shorting out of the voltage regulator in the main
distribution center. The actions specified in this AD are intended to
prevent total electrical failure during flight, which could adversely
affect the continued safe flight of the airplane.
DATES: Effective March 22, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 22, 1996.
Comments for inclusion in the Rules Docket must be received on or
before May 6, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-272-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
The service information referenced in this AD may be obtained from
Bombardier, Inc., Canadair Aerospace Group, P.O. Box 6087, Station
Centreville, Quebec H3C 3G9, Canada. This information may be examined
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW.,
Renton, Washington; or at the FAA, New York Aircraft Certification
Office, Engine and Propeller Directorate, 10 Fifth Street, Third Floor,
Valley Stream, New York; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Peter Cuneo, Aerospace Engineer,
Systems and Equipment Branch, ANE-173, FAA, New York Aircraft
Certification Office, Engine and Propeller Directorate, 10 Fifth
Street, Third Floor, Valley Stream, New York 11581; telephone (516)
256-7506; fax (516) 568-2716.
SUPPLEMENTARY INFORMATION: Transport Canada Aviation, which is the
airworthiness authority for Canada, has notified the FAA that an unsafe
condition may exist on all Canadair Model CL-215-1A10 series airplanes.
Transport Canada Aviation advises that there has been a report of the
total loss of electrical power on one airplane during flight.
Investigation revealed that the electrical failure occurred when loose
hardware (nut and washers) on a terminal from an inverter power relay
shorted out a voltage regulator in the main distribution center. Total
loss of electrical power during flight, if not corrected, could
adversely affect the continued safe flight of the airplane.
Canadair has issued Alert Service Bulletin 215-A439, dated July 24,
1991, which describes procedures for inspecting the main distribution
center and all electrical components for loose attaching hardware, and
for inspecting the attaching hardware itself for looseness. It also
provides instructions for:
1. verifying and adjusting the torque values of those items;
2. restoring or applying a humiseal coating at required locations;
3. safety-wiring electrical connectors and components, as
necessary; and
4. removing any loose hardware, lockwire, or foreign objects found
between electrical wires, around electrical components, and at the
bottom or hidden areas of the main distribution center.
Transport Canada Aviation classified this service bulletin as
mandatory and issued Canadian Airworthiness Directive CF-91-23, dated
July 17, 1991, in order to assure the continued airworthiness of these
airplanes in Canada.
This airplane model is manufactured in Canada and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.19) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, Transport Canada Aviation has kept
the FAA informed of the situation described above. The FAA has examined
the findings of Transport Canada Aviation, reviewed all available
information, and determined that AD action is necessary for products of
this type design that are certificated for operation in the United
States.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD is being issued to prevent total loss of
electrical power on the airplane. This AD requires a one-time
inspection to detect looseness of components and attaching hardware of
the main distribution center, and correction of any discrepancy
identified. The actions are required to be accomplished in accordance
with the service bulletin described previously.
None of the Model CL-215-1A10 series airplanes affected by this
action are on the U.S. Register. All airplanes included in the
applicability of this rule currently are operated by non-U.S. operators
under foreign registry; therefore, they are not directly affected by
this AD action. However, the FAA considers that this rule is necessary
to ensure that the unsafe condition is addressed in the event that any
of these
[[Page 9091]]
subject airplanes are imported and placed on the U.S. Register in the
future.
Should an affected airplane be imported and placed on the U.S.
Register in the future, it would require approximately 2 work hours to
accomplish the required actions, at an average labor charge of $60 per
work hour. Based on these figures, the cost impact of this AD would be
$120 per airplane.
Since this AD action does not affect any airplane that is currently
on the U.S. register, it has no adverse economic impact and imposes no
additional burden on any person. Therefore, notice and public
procedures hereon are unnecessary and the amendment may be made
effective in less than 30 days after publication in the Federal
Register.
Comments Invited
Although this action is in the form of a final rule and was not
preceded by notice and opportunity for public comment, comments are
invited on this rule. Interested persons are invited to comment on this
rule by submitting such written data, views, or arguments as they may
desire. Communications shall identify the Rules Docket number and be
submitted in triplicate to the address specified under the caption
ADDRESSES. All communications received on or before the closing date
for comments will be considered, and this rule may be amended in light
of the comments received. Factual information that supports the
commenter's ideas and suggestions is extremely helpful in evaluating
the effectiveness of the AD action and determining whether additional
rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 95-NM-272-AD.'' The postcard will be date stamped and
returned to the commenter.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-05-06 Canadair: Amendment 39-9532. Docket 95-NM-272-AD.
Applicability: Model CL-215-1A10 series airplanes, certificated
in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent total loss of electrical power on the airplane,
accomplish the following:
(a) Within 10 flight hours after the effective date of this AD,
inspect the complete main distribution center and all electrical
components for loose or missing hardware, in accordance with
paragraphs 2.A., 2.B., 2.C., and 2.D of the Accomplishment
Instructions of Canadair Alert Service Bulletin 215-A439, dated July
24, 1991. If any discrepancy is identified during the inspection,
prior to further flight, correct the discrepancy in accordance with
the alert service bulletin.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, New York Aircraft Certification
Office (ACO), FAA, Engine and Propeller Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, New York ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the New York ACO.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) The inspection and corrective action shall be done in
accordance with Canadair Alert Service Bulletin 215-A439, dated July
24, 1991. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be obtained from Bombardier, Inc.,
Canadair Aerospace Group, P.O. Box 6087, Station Centre-ville,
Quebec H3C 3G9, Canada. Copies may be inspected at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, New York Aircraft Certification Office,
Engine and Propeller Directorate, 10 Fifth Street, Third Floor,
Valley Stream, New York; or at the Office of the Federal Register,
800 North Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment becomes effective on March 22, 1996.
Issued in Renton, Washington, on February 28, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-5078 Filed 3-6-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-4960 Georgia; Final Authorization of Revisions to State Hazardous Waste Management Program
[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9108-9110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4960]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5438-8]
Georgia; Final Authorization of Revisions to State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: Georgia has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). Georgia's revisions consist of the provisions
contained in rules promulgated between July 1, 1993, and June 30, 1994,
otherwise known as RCRA Cluster IV. These requirements are listed in
section B of this document. The Environmental Protection Agency (EPA)
has reviewed Georgia's application and has made a decision, subject to
public review and comment, that Georgia's hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
final authorization. Thus, EPA intends to approve Georgia's hazardous
waste program revisions. Georgia's application for program revisions is
available for public review and comment.
DATES: Final authorization for Georgia's program revisions shall be
effective May 6, 1996 unless EPA publishes a prior Federal Register
action withdrawing this immediate final rule.
All comments on Georgia's program revision application must be
received by the close of business, April 8, 1996.
ADDRESSES: Copies of Georgia's program revision application are
available during normal business hours at the following addresses for
inspection and copying: Georgia Department of Natural Resources,
Environmental Protection Division, Floyd Towers East, Room 1154, 205
Butler Street, SE, Atlanta, Georgia 30334; U.S. EPA Region 4, Library,
345 Courtland Street, NE, Atlanta, Georgia 30365; (404) 347-4216.
Written comments should be sent to Al Hanke at the address listed
below.
FOR FURTHER INFORMATION CONTACT: Al Hanke, Chief, State Programs
Section, Waste Programs Branch, Waste Management Division, U.S.
Environmental Protection Agency, 345 Courtland Street, NE., Atlanta,
Georgia 30365; (404) 347-2234.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under Section 3006(b) of the
Resource Conservation and Recovery Act (``RCRA'' or ``the Act''), 42
U.S.C. 6926(b), have a continuing obligation to maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. In addition, as an
interim measure, the Hazardous and Solid Waste Amendments of 1984
(Public Law 98-616, November 8, 1984, hereinafter ``HSWA'') allows
States to revise their programs to become substantially equivalent
instead of equivalent to RCRA requirements promulgated under HSWA
authority. States exercising the latter option receive ``interim
authorization'' for the HSWA requirements under Section 3006(g) of
RCRA, 42 U.S.C. 6926(g), and later apply for final authorization for
the HSWA requirements.
Revisions to State hazardous waste programs are necessary when
Federal or State statutory or regulatory authority is modified or when
certain other changes occur. Most commonly, State program revisions are
necessitated by changes to
[[Page 9109]]
EPA's regulations in 40 CFR Parts 260-268 and 124 and 270.
B. Georgia
Georgia initially received final authorization for its base RCRA
program effective on August 21, 1984. Georgia has received
authorization for revisions to its program through RCRA Cluster III on
July 10, 1995. On October 30, 1995, Georgia received final
authorization for the Boilers and Industrial Furnace (BIF) provisions
of RCRA I, II, and III. Today, Georgia is seeking approval of its
program revisions in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Georgia's application and has made an immediate
final decision that Georgia's hazardous waste program revisions satisfy
all of the requirements necessary to qualify for final authorization.
Consequently, EPA intends to grant final authorization for the
additional program modifications to Georgia. The public may submit
written comments on EPA's immediate final decision up until April 8,
1996.
Copies of Georgia's application for these program revisions are
available for inspection and copying at the locations indicated in the
Addresses section of this notice.
Approval of Georgia's program revisions shall become effective May
6, 1996, unless an adverse comment pertaining to the State's revisions
discussed in this notice is received by the end of the comment period.
If an adverse comment is received EPA will publish either (1) a
withdrawal of the immediate final decision or (2) a notice containing a
response to comments which either affirms that the immediate final
decision takes effect or reverses the decision.
EPA shall administer any RCRA hazardous waste permits, or portions
of permits that contain conditions based upon the Federal program
provisions for which the State is applying for authorization and which
were issued by EPA prior to the effective date of this authorization.
EPA will suspend issuance of any further permits under the provisions
for which the State is being authorized on the effective date of this
authorization.
Georgia is today seeking authority to administer the following
Federal requirements promulgated between July 1, 1993--June 30, 1994.
----------------------------------------------------------------------------------------------------------------
Checklist Description FR date and page State rule
----------------------------------------------------------------------------------------------------------------
125................... Revised Guidelines 58 FR 38816, 7/20/93............. 391-3-11-.02, 391-3-11-.10, 12-
Air Quality Models. 8-62, 12-8-64, 12-8-65
126................... Third Edition of 58 FR 46040, 8/31/93............. 391-3-11-.02, 391-3-11-.07,
SW846. 391-3-11-.10, 391-3-11-.16,
391-3-11-.11, 12-8-62, 12-8-
64, 12-8-65.
127................... Burning of Hazardous 58 FR 59598, 11/9/93............. 391-3-11-.10, 12-8-64, 12-8-
Waste in Boilers and 65, 12-8-66.
Industrial Furnaces
(BIF).
128................... Wastes from Wood 59 FR 458, 1/4/94................ 391-3-11-.02, 391-3-11-.07, 12-
Surface Protection. 8-62, 12-8-64, 12-8-65.
129................... Revision of 59 FR 8362, 2/18/94.............. 391-3-11-.07, 12-8-62, 12-8-
Conditional 64, 12-8-65.
Exemption for Small
Scale Treatability
Studies from
Subtitle C of RCRA.
130................... Recycled Used Oil 59 FR 10550, 3/4/94.............. 391-3-11-.17, 12-8-62, 12-8-
Management Standards. 64, 12-8-65, 12-8-66.
131................... Recordkeeping for 59 FR 13891, 3/24/94............. 391-3-11-.10, 12-8-64, 12-8-
TSDFs, BIFs, and 65, 12-8-66.
Miscellaneous Units.
132................... Wastes from Wood 59 FR 28484, 6/2/94.............. 391-3-11-.02, 12-8-62, 12-8-
Surface Protection; 64, 12-8-65.
Correction.
133................... Amendments to Letter 59 FR 29958, 6/10/94............. 391-3-11-.05, 12-8-64, 12-8-
of Credit. 65, 12-8-66.
134................... Listing of PO 15 59 FR 31551, 6/20/94............. 391-3-11-.07, 391-3-11-.16, 12-
Beryllium Powder: 8-62, 12-8-64, 12-8-65.
Correction.
----------------------------------------------------------------------------------------------------------------
C. Decision
I conclude that Georgia's application for these program revisions
meets all of the statutory and regulatory requirements established by
RCRA. Accordingly, Georgia is granted final authorization to operate
its hazardous waste program as revised.
Georgia now has responsibility for permitting treatment, storage,
and disposal facilities within its borders and carrying out other
aspects of the RCRA program, subject to the limitations of its program
revision application and previously approved authorities. Georgia also
has primary enforcement responsibilities, although EPA retains the
right to conduct inspections under Section 3007 of RCRA and to take
enforcement actions under Section 3008, 3013, and 7003 of RCRA.
[[Page 9110]]
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. When a written statement is needed for an EPA rule, section
205 of the UMRA generally requires EPA to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, giving
them meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising them on compliance with the
regulatory requirements.
EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local and tribal governments, in the aggregate, or the private
sector in any one year. EPA does not anticipate that the approval of
Georgia's hazardous waste program referenced in today's notice will
result in annual costs of $100 million or more.
EPA's approval of state programs generally has a deregulatory
effect on the private sector because once it is determined that a state
hazardous waste program meets the requirements of RCRA section 3006(b)
and the regulations promulgated thereunder at 40 CFR Part 271, owners
and operators of hazardous waste treatment, storage, or disposal
facilities (TSDFs) may take advantage of the flexibility that an
approved state may exercise. Such flexibility will reduce, not increase
compliance costs for the private sector. Thus, today's rule is not
subject to the requirements of sections 202 and 205 of the UMRA.
EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. The Agency recognizes that small governments may own and/
or operate TSDFs that will become subject to the requirements of an
approved state hazardous waste program. However, such small governments
which own and/or operate TSDFs are already subject to the requirements
in 40 CFR Parts 264, 265, and 270. Once EPA authorizes a state to
administer its own hazardous waste program and any revisions to that
program, these same small governments will be able to own and operate
their TSDFs with increased levels of flexibility provided under the
approved state program.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this authorization will not have a significant economic impact on
a substantial number of small entities. This authorization effectively
suspends the applicability of certain Federal regulations in favor of
Georgia's program, thereby eliminating duplicative requirements for
handlers of hazardous waste in the State. It does not impose any new
burdens on small entities. This rule, therefore, does not require a
regulatory flexibility analysis.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
Authority: This notice is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
(42 U.S.C. 6912(a), 6926, 6974(b)).
Dated: February 22, 1996.
Phillis P. Harris,
Acting Regional Administrator.
[FR Doc. 96-4960 Filed 3-6-96; 8:45 am]
BILLING CODE 6560-50-P
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