[Federal Register: October 17, 2006 (Volume 71, Number 200)][Proposed Rules] [Page 60932-60934]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc06-36]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1915
[Docket No. S-051A]
RIN 1218-AC16
Updating National Consensus Standards in OSHA's Standard for Fire
Protection in Shipyard Employment.
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Proposed rule.
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SUMMARY: On September 15, 2004, the Occupational Safety and Health
Administration (OSHA) issued a new fire protection final rule for
shipyards that incorporated by reference 19 National Fire Protection
Association (NFPA) standards. Ten of those NFPA standards had been
updated by NFPA since the fire protection rule was proposed and an
additional NFPA standard has been updated since the final rule was
published. In today's Federal Register, OSHA is publishing a direct
final rule (DFR) replacing the references to the 11 older NFPA
standards in OSHA's fire protection standard for shipyards with their
most recent versions.
If OSHA does not receive significant adverse comment on the DFR,
the updated versions of the NFPA standards will replace their older
versions in OSHA's fire protection standard for shipyards on the
effective date stated in the DFR. If significant adverse comment on the
updated versions is received, OSHA will withdraw the DFR and proceed
with rulemaking on this proposed rule. However, if significant adverse
comments are received regarding certain provisions included in the DFR,
but not others, OSHA may finalize those changes that did not receive
significant adverse comment, and conduct further rulemaking under the
proposed rule for the changes that did receive significant adverse
comment. A subsequent Federal Register document will be published to
announce OSHA's action.
DATES: Comments and requests for a hearing on this proposed rule must
be submitted by the following dates:
Hard copy: Your comments must be submitted (postmarked or sent) by
November 16, 2006. Electronic transmission and facsimile: Your comments
must be sent by November 16, 2006.
ADDRESSES: You may submit written comments to this proposed rule--
identified by docket number S-051A or RIN number 1218-AC16--by any of
the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
OSHA Web site: http://ecomments.osha.gov. Follow the
instructions for submitting comments on OSHA's Web page.
Fax: If your written comments are 10 pages or fewer, you
may fax them to the OSHA Docket Office at (202) 693-1648.
Regular mail, express delivery, hand delivery, and courier
service: Submit three copies to the OSHA Docket Office, Docket No. S-
051A, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-
2625, Washington, DC 20210; telephone (202) 693-2350. (OSHA's TTY
number is (877) 889-5627). OSHA Docket Office hours of operation are
8:15 a.m. to 4:45 p.m., EST.
FOR FURTHER INFORMATION: For general information and press inquiries,
contact Kevin Ropp, Director, OSHA Office of Communications, Room N-
3647, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone: (202) 693-1999. For technical
inquiries, contact Jim Maddux, Director, Office of Maritime,
Directorate of Standards and Guidance, Room N-3609, OSHA, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone: (202) 693-2086 or fax (202) 693-1663. Copies of this
Federal Register notice are available from the OSHA Office of
Publications, Room N-3101, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone: (202) 693-1888.
Electronic copies of this Federal Register notice, as well as news
releases and other relevant documents, are available at OSHA's Web page
at http://www.osha.gov.
For access to the docket to read background documents or comments
received, go to: http://dockets.osha.gov. Contact the OSHA Docket
Office for information about materials not available through the OSHA
Web page and for assistance in using the Web page to locate docket
submissions.
SUPPLEMENTARY INFORMATION:
I. Background
This proposal applies to shipyard employment. It updates NFPA
standards incorporated by reference in the shipyard fire protection
standard issued by OSHA on September 15, 2004 by replacing the older
versions of NFPA consensus standards with the most current versions (69
FR 55668). A complete discussion of the NFPA standards, a comparison of
the older standards and the newer standards, along with the economic
analysis, and paperwork and state plan discussions are published in the
preamble to the DFR, which is also published in the final rule section
of today's Federal Register.
II. Public Participation
OSHA requests comments on all issues related to this action. OSHA
also welcomes comments on the Agency's findings that there are not
negative economic or other regulatory impacts of this action on the
regulated community. If OSHA receives no significant adverse comment,
OSHA will publish a Federal Register document confirming the effective
date contained in the companion DFR published in today's Federal
Register and withdrawing this proposed rule. Such confirmation may
include minor stylistic or technical changes to the document. A full
discussion of the nature of a significant adverse comment is contained
in the companion DFR.
If OSHA receives significant adverse comment on the changes
contained in the companion DFR, OSHA will withdraw the DFR and proceed
with this proposed rule by addressing comments and publishing a new
final rule. If a significant adverse comment is received regarding
certain revisions included in the DFR, but not others, OSHA may (1)
Finalize those changes that did not receive significant adverse
comment, and (2) conduct further rulemaking under this proposed rule
for the changes that did receive significant adverse comment.
Comments received will be posted without change to http://dockets.osha.gov,
including any personal information provided. OSHA cautions you about
submitting personal information such as social security numbers and
birth dates.
III. List of Subjects for 29 CFR Part 1915
Fire protection, Hazardous substances, Incorporation by reference,
Longshore and harbor workers, Occupational safety and health, Reporting
and recordkeeping requirements, Shipyards, and Vessels.
IV. Authority and Signature
This document was prepared under the direction of Edwin G. Foulke,
Jr., Assistant Secretary of Labor for Occupational Safety and Health,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210. It is issued pursuant to 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 5-2002, and 29 CFR part 1911.
Signed at Washington, DC this 5th day of October, 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.
Proposed Amendments to Standards
OSHA is proposing to amend Part 1915 of Title 29 of the Code of
Federal Regulations as set forth below:
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, 657); Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), or 5-2002 (67 FR 65008) as applicable; 29 CFR Part 1911.
2. Amend Sec. 1915.5 to revise paragraphs (d)(4)(i), (vi) through
(x), and (xiii) through (xviii) and by removing paragraph (d)(4)(xix)
to read as follows:
Sec. 1915.5 Incorporation by reference.
* * * * *
(d) * * *
(4) * * *
(i) NFPA 1981-2002 Standard on Open-Circuit Self-Contained
Breathing Apparatus for Fire and Emergency Services, IBR approved for
Sec. 1915.505(e)(3)(v).
* * * * *
(vi) NFPA 10-2002 Standard for Portable Fire Extinguishers, IBR
approved for Sec. Sec. 1915.507(b)(1) and (b)(2).
(vii) NFPA 14-2003 Standard for the Installation of Standpipe and
Hose Systems, IBR approved for Sec. Sec. 1915.507(b)(2) and (d)(1).
(viii) NFPA 72-2002 National Fire Alarm Code, IBR approved for
Sec. 1915.507(c)(6).
(ix) NFPA 13-2002 Standard for the Installation of Sprinkler
Systems, IBR approved for Sec. 1915.507(d)(2).
(x) NFPA 750-2003 Standard on Water Mist Fire Protection Systems,
IBR approved for Sec. 1915.507(d)(2).
* * * * *
(xiii) NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion
Foam, IBR approved for Sec. 1915.507(d)(3).
(xiv) NFPA 17-2002, Standard for Dry Chemical Extinguishing
Systems, IBR approved for Sec. 1915.507(d)(4).
(xv) NFPA 12-2005, Standard on Carbon Dioxide Extinguishing
Systems, IBR approved for Sec. 1915.507(d)(5).
(xvi) NFPA 12A-2004, Standard on Halon 1301 Fire Extinguishing
Systems, IBR approved for Sec. 1915.507(d)(5).
(xvii) NFPA 2001-2004, Standard on Clean Agent Fire Extinguishing
Systems, IBR approved for Sec. 1915.507(d)(5).
(xviii) NFPA 1403-2002, Standard on Live Fire Training Evolutions,
IBR approved for Sec. 1915.508(d)(8).
3. Amend Sec. 1915.505 to revise paragraph (e)(3)(v), to read as
follows:
Sec. 1915.505 Fire response.
* * * * *
(e) * * *
(3) * * *
(v) Provide only SCBA that meet the requirements of NFPA 1981-2002
Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire
and Emergency Services (incorporated by reference, see Sec. 1915.5);
and
* * * * *
4. Amend Sec. 1915.507 to revise paragraphs (b)(1), (b)(2),
(c)(6), (d)(1), (d)(2), (d)(3), and (d)(5) to read as follows:
Sec. 1915.507 Land-side fire protection system.
* * * * *
(b) * * *
(1) The employer must select, install, inspect, maintain, and test
all portable fire extinguishers according to NFPA 10-2002 Standard for
Portable Fire Extinguishers (incorporated by reference, see Sec.
1915.5).
(2) The employer is permitted to use Class II or Class III hose
systems, in accordance with NFPA 10-2002 (incorporated by reference,
see Sec. 1915.5), as portable fire extinguishers if the employer
selects, installs, inspects, maintains, and tests those systems
according to the specific recommendations in NFPA 14-2003 Standard for
the Installation of Standpipe and Hose Systems (incorporated by
reference, see Sec. 1915.5).
(c) * * *
(6) Select, install, inspect, maintain, and test all automatic fire
detection systems and emergency alarms according to NFPA 72-2002
National Fire Alarm Code (incorporated by reference, see Sec. 1915.5)
(d) * * *
(1) Standpipe and hose systems according to NFPA 14-2003 Standard
for the Installation of Standpipe and Hose Systems (incorporated by
reference, see Sec. 1915.5);
(2) Automatic sprinkler systems according to NFPA 25-2002 Standard
for the Inspection, Testing, and Maintenance of Water-based Fire
Protection Systems, (incorporated by reference, see Sec. 1915.5), and
either (i) NFPA 13-2002 Standard for the Installation of Sprinkler
Systems (incorporated by reference, see Sec. 1915.5), or (ii) NFPA
750-2003 Standard on Water Mist Fire Protection Systems (incorporated
by reference, see Sec. 1915.5);
(3) Fixed extinguishing systems that use water or foam as the
extinguishing agent according to NFPA 15-2001 Standard for Water Spray
Fixed Systems for Fire Protection (incorporated by reference, see Sec.
1915.5) and either NFPA 11-2005 Standard for Low-, Medium-, and High-
Expansion Foam (incorporated by reference, see Sec. 1915.5);
* * * * *
(5) Fixed extinguishing systems using gas as the extinguishing
agent according to NFPA 12-2005 Standard on Carbon Dioxide
Extinguishing Systems (incorporated by reference, see Sec. 1915.5);
NFPA 12A-2004 Standard on Halon 1301 Fire Extinguishing Systems
(incorporated by reference, see Sec. 1915.5); and NFPA 2001-2004
Standard on Clean Agent Fire Extinguishing Systems (incorporated by
reference, see Sec. 1915.5).
[FR Doc. E6-17125 Filed 10-16-06; 8:45 am]
BILLING CODE 4510-26-P
