[Federal Register: December 14, 2007 (Volume 72, Number 240)][Proposed Rules] [Page 71091-71095]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de07-15]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. OSHA-2007-0040]
RIN 1218-AC08
Updating OSHA Standards Based on National Consensus Standards
AGENCY: Occupational Safety and Health Administration (OSHA);
Department of Labor.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: In this Notice of Proposed Rulemaking (NPRM), the Agency is
proposing to remove several references to consensus standards that have
requirements that duplicate or are comparable to other OSHA rules; this
rulemaking also includes correcting a paragraph citation in one these
OSHA rules. In addition, the Agency is proposing to remove the
reference to American Welding Society standard A3.0-1969 ("Terms and
Definitions") in its general-industry welding standards. OSHA also is
publishing a direct final rule in today's Federal Register taking these
same actions. This NPRM is the companion document to the direct final
rule. This rulemaking is a continuation of OSHA's ongoing effort to
update references to consensus and industry standards used throughout
its rules.
DATES: Comments to this NPRM (including comments to the information-
collection (paperwork) determination described under the section titled
SUPPLEMENTARY INFORMATION of companion direct final rule), hearing
requests, and other information must be submitted by January 14, 2008.
All submissions must bear a postmark or provide other evidence of the
submission date. (See the following section titled ADDRESSES for
methods you can use in making submissions.)
ADDRESSES: Comments and hearing requests may be submitted as follows:
Electronic. Comments may be submitted electronically to
http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for submitting comments.
Facsimile. OSHA allows facsimile transmission of comments
and hearing requests that are 10 pages or fewer in length (including
attachments). Send these documents to the OSHA Docket Office at (202)
693-1648; hard copies of these documents are not required. Instead of
transmitting facsimile copies of attachments that supplement these
documents (e.g., studies, journal articles), commenters must submit
these attachments, in triplicate hard copy, to the OSHA Docket Office,
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200
Constitution Ave., NW., Washington, DC 20210. These attachments must
clearly identify the sender's name, date, subject, and docket number
(i.e., OSHA-2007-0040) so that the Agency can attach them to the
appropriate document.
Regular mail, express delivery, hand (courier) delivery,
and messenger service. Submit three copies of comments and any
additional material (e.g., studies, journal articles) to the OSHA
Docket Office, Docket No. OSHA-2007-0040 or RIN No. 1218-AC08,
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200
Constitution Ave., NW., Washington, DC 20210; telephone: (202) 693-
2350. (OSHA's TTY number is (877) 889-5627.) Note that security-related
problems may result in significant delays in receiving comments and
other written materials by regular mail. Please contact the OSHA Docket
Office for information about security procedures concerning delivery of
materials by express delivery, hand delivery, and messenger service.
The hours of operation for the OSHA Docket Office are 8:15 a.m. to 4:45
p.m., e.t.
Instructions. All submissions must include the Agency name
and the OSHA docket number (i.e., OSHA Docket No. OSHA-2007-0040).
Comments and other material, including any personal information, are
placed in the public docket without revision, and will be available
online at http://www.regulations.gov. Therefore, the Agency cautions
commenters about submitting statements they do not want made available
to the public, or submitting comments that contain personal information
(either about themselves or others) such as social security numbers, birth
dates, and medical data.
OSHA requests comments on all issues related to this NPRM. It also
welcomes comments on its findings that there would be no negative
economic, paperwork, or other regulatory impacts of this NPRM on the
regulated community. This NPRM is the companion document to a direct
final rule also published in today's Federal Register. If OSHA receives
no significant adverse comment on the companion direct final rule, it
will publish a Federal Register document confirming the effective date
of the direct final rule and withdrawing this NPRM. Such confirmation
may include minor stylistic or technical corrections to the document.
For the purpose of judicial review, OSHA considers the date that it
confirms the effective date of the direct final rule to be the date of
issuance. However, if OSHA receives significant adverse comment on the
direct final rule, it will publish a timely withdrawal of the direct
final rule and proceed with this NPRM addressing the same standards.
Docket. To read or download comments or other material in
the docket, go to http://www.regulations.gov or to the OSHA Docket
Office at the address above. Documents in the docket are listed in the
http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through this Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
Contact the OSHA Docket Office for assistance in locating docket
submissions.
FOR FURTHER INFORMATION CONTACT: For general information and press
inquiries contact Mr. 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 Ted Twardowski, Office of Safety Systems,
Directorate of Standards and Guidance, Room N-3609, OSHA, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone: (202) 693-2255; 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.
SUPPLEMENTARY INFORMATION:
I. Discussion of the Proposal
OSHA is proposing to remove several references to outdated
consensus standards in its general-industry rules that have
requirements that duplicate or are comparable to other OSHA rules. In
addition, the Agency is correcting a paragraph citation in one these
OSHA rules. The Agency also proposes to remove the reference to
American Welding Society standard A3.0-1969 ("Terms and Definitions")
in its general-industry welding standards. This NPRM is the companion
document to a direct final rule concerning the same standards published
in the "Rules" section of today's Federal Register. For a complete
discussion of this action, the relevant consensus standards and OSHA
standards affected by this NPRM, as well as a discussion of the
economic analysis and Regulatory Flexibility Act certification,
paperwork determination, issues involving federalism and State-Plan
States, and OSHA's response under the Unfunded Mandates Reform Act, see
the preamble to the direct final rule.
II. Public Participation
OSHA requests comments on all issues related to this NPRM. The
Agency also welcomes comments on its findings that this rulemaking
would have no negative economic or other regulatory impacts of this
NPRM on the regulated community. If OSHA receives no significant
adverse comment, it will publish a Federal Register document confirming
the effective date contained in the companion direct final rule and
withdrawing this NPRM. Such confirmation may include minor stylistic or
technical corrections to the document. A full discussion of what
constitutes a significant adverse comment is contained in the companion
direct final rule.
The Agency will withdraw the direct final rule if it receives
significant adverse comment on the amendments contained in the direct
final rule, and proceed with this NPRM by addressing the comment and
publishing a new final rule. Should the Agency receive a significant
adverse comment regarding some actions taken in the direct final rule,
but not others, it may (1) finalize those actions that did not receive
significant adverse comment, and (2) conduct further rulemaking under
this NPRM for the actions that received significant adverse comment.
The comment period for this NPRM runs concurrently with that of the
direct final rule. Therefore, any comments received under this NPRM
will be treated as comments regarding the direct final rule. Likewise,
significant adverse comments submitted to the direct final rule will be
considered as comments to this NPRM; the Agency will consider such
comments in developing a subsequent final rule.
Comments received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Accordingly OSHA cautions commenters about submitting personal
information such as social security numbers and birth dates.
List of Subjects for 29 CFR Part 1910
General industry, Health, Occupational safety and health, Safety,
Welding.
Authority and Signature
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, directed the preparation of this proposed
rule. The Agency is issuing this rule under 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 5-2007 (72 FR 31159), and 29 CFR Part 1911.
Signed at Washington, DC on Friday, December 7, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.
III. Amendments to Standards
OSHA is proposing to amend 29 CFR part 1910 to read as follows:
PART 1910--[AMENDED]
Subpart A--[Amended]
1. Revise the authority citation for subpart A of part 1910 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), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
or 5-2007 (72 FR 31159), as applicable.
Section 1910.6 also issued under 5 U.S.C. 553. Sections 1910.6,
1910.7, and 1910.8 also issued under 29 CFR Part 1911. Section
1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, 5 U.S.C.
553; Pub. L. 106-113 (113 Stat. 1501A-222); and OMB Circular A-25
(dated July 8, 1993) (58 FR 38142, July 15, 1993).
2. In Sec. 1910.6:
a. Remove and reserve paragraphs (e)(1), (e)(2), (e)(5), (e)(62),
and (e)(63), and (i)(1); and
[[Page 71093]]
b. Revise paragraphs (e)(15), (e)(49), and (q)(3) to read as
follows:
Sec. 1910.6 Incorporation by reference.
* * * * *
(e) * * *
(15) ANSI B7.1-70 Safety Code for the Use, Care and Protection of
Abrasive Wheels, IBR approved for Sec. Sec. 1910.215(b)(12) and
1910.218(j).
* * * * *
(49) ANSI Z9.1-51 Safety Code for Ventilation and Operation of Open
Surface Tanks, IBR approved for 1910.261(a)(3)(xix), (g)(18)(v), and
(h)(2)(i).
* * * * *
(q) * * *
(3) NFPA 33-1969 Standard for Spray Finishing Using Flammable and
Combustible Material, IBR approved for Sec. 1910.94(c)(2).
* * * * *
Subpart F--[Amended]
3-4. Revise the authority citation for subpart F of part 1910 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), 1-90 (55 FR 9033), or 5-2007 (72 FR 31159), as applicable;
and 29 CFR part 1911.
5. Revise paragraphs (b)(4) and (b)(8)(ii) of Sec. 1910.68 to read
as follows:
Sec. 1910.68 Manlifts.
* * * * *
(b) * * *
(4) Reference to other codes and subparts. The following codes and
subparts of this part are applicable to this section: Safety Code for
Mechanical Power Transmission Apparatus, ANSI B15.1-1953 (R 1958);
Safety Code for Fixed Ladders, ANSI A14.3-1956; and subparts D, O, and
S. The preceding ANSI standards are incorporated by reference as
specified in Sec. 1910.6.
* * * * *
(8) * * *
(ii) Construction. The rails shall be standard guardrails with
toeboards meeting the provisions of Sec. 1910.23.
* * * * *
Subpart G--[Amended]
6. Revise the authority citation for subpart G of part 1910 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), 1-90 (55 FR 9033), 6-96 (62 FR 111), or 5-2007 (72 FR
31159), as applicable; and 29 CFR Part 1911.
Section 1910.94 also issued under 5 U.S.C. 553.
7. Revise paragraphs (b)(5)(1)(a), (c)(1)(ii), (c)(3)(i)
introductory text, (c)(3)(i)(a), (c)(3)(iii) introductory text,
(c)(3)(iii)(a), (c)(5)(i) introductory text, and (c)(5)(iii)(e) of
Sec. 1910.94 to read as follows:
Sec. 1910.94 Ventilation.
* * * * *
(b) * * *
(5) * * *
(i)(a) It is the dual function of grinding and abrasive cutting-off
wheel hoods to protect the operator from the hazards of bursting
wheels, as well as to provide a means for the removal of dust and dirt
generated. All hoods shall be not less in structural strength than
specified in Tables O-1 and O-9 of Sec. 1910.215.
* * * * *
(c) * * *
(1) * * *
(ii) Spray booth. Spray booths are defined and described in Sec.
1910.107(a).
* * * * *
(3) * * *
(i) Spray booths shall be designed and constructed in accordance
with Sec. 1910.107(b)(1) through (b)(4) and (b)(6) through (b)(10).
For a more detailed discussion of fundamentals relating to this
subject, see ANSI Z9.2-1960, which is incorporated by reference as
specified in Sec. 1910.6.
(a) Lights, motors, electrical equipment, and other sources of
ignition shall conform to the requirements of Sec. 1910.107(b)(10) and
(c).
* * * * *
(iii) Baffles, distribution plates, and dry-type overspray
collectors shall conform to the requirements of Sec. 1910.107(b)(4)
and (b)(5).
(a) Overspray filters shall be installed and maintained in
accordance with the requirements of Sec. 1910.107(b)(5), and shall
only be in a location easily accessible for inspection, cleaning, or
replacement.
* * * * *
(5) * * *
(i) Ventilation shall be provided in accordance with provisions of
Sec. 1910.107(d), and in accordance with the following:
* * * * *
(iii) * * *
(e) Inspection or clean-out doors shall be provided for every 9 to
12 feet of running length for ducts up to 12 inches in diameter, but
the distance between cleanout doors may be greater for larger pipes. A
clean-out door or doors shall be provided for servicing the fan, and
where necessary, a drain shall be provided.
* * * * *
Subpart H--[Amended]
8. Revise the authority citation for subpart H of part 1910 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), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
or 5-2007 (72 FR 31159), as applicable; and 29 CFR part 1911.
Sections 1910.103, 1910.106 through 1910.111, and 1910.119,
1910.120, and 1910.122 through 1910.126 also issued under 29 CFR
part 1911.
Section 1910.119 also issued under Section 304, Clean Air Act
Amendments of 1990 (Pub. L. 101-549), reprinted at 29 U.S.C. 655
Note.
Section 1910.120 also issued under Section 126, Superfund
Amendments and Reauthorization Act of 1986 as amended (29 U.S.C. 655
Note), and 5 U.S.C. 553.
9. Revise paragraph (b)(1)(i)(c) of Sec. 1910.103 to read as
follows:
Sec. 1910.103 Hydrogen.
* * * * *
(b) * * *
(1) * * *
(i) * * *
(c) Each portable container shall be legibly marked with the name
"Hydrogen" in accordance with the marking requirements set forth in
Sec. 1910.253(b)(1)(ii). Each manifolded hydrogen supply unit shall be
legibly marked with the name "Hydrogen" or a legend such as "This
unit contains hydrogen."
* * * * *
10. Revise paragraph (c)(1)(iv) of Sec. 1910.107 to read as
follows:
Sec. 1910.107 Spray finishing using flammable and combustible
materials.
* * * * *
(c) * * *
(1) * * *
* * * * *
(vi) Powder-coating equipment shall conform to the requirements of
paragraph (l)(1) of this section.
* * * * *
11. Amend paragraph (b)(5)(iii) of Sec. 1910.110 to read as
follows:
Sec. 1910.110 Storage and handling of liquid petroleum gases.
* * * * *
(b) * * *
(5) * * *
(iii) When LP-Gas and one or more other gases are stored or used in
the same area, the containers shall be marked to identify their content.
Marking shall conform to the marking requirements set forth in Sec.
1910.253(b)(1)(ii).
* * * * *
12. Revise paragraph (e)(1) of Sec. 1910.111 to read as follows:
Sec. 1910.111 Storage and handling of anhydrous ammonia.
* * * * *
(e) * * *
(1) Conformance. Cylinders shall comply with DOT specifications and
shall be maintained, filled, packaged, marked, labeled, and shipped to
comply with 49 CFR chapter I and the marking requirements set forth in
Sec. 1910.253(b)(1)(ii).
* * * * *
Subpart J--[Amended]
13. Revise the authority citation for subpart J of part 1910 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), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
or 5-2007 (72 FR 31159), as applicable.
Sections 1910.141, 1910.142, 1910.145, 1910.146, and 1910.147
also issued under 29 CFR part 1911.
14. Revise paragraph (a)(1)(ii) of Sec. 1910.144 to read as
follows:
Sec. 1910.144 Safety color code for marking physical hazards.
(a) * * *
(1) * * *
(ii) Danger. Safety cans or other portable containers of flammable
liquids having a flash point at or below 80[deg] F, table containers of
flammable liquids (open cup tester), excluding shipping containers,
shall be painted red with some additional clearly visible
identification either in the form of a yellow band around the can or
the name of the contents conspicuously stenciled or painted on the can
in yellow. Red lights shall be provided at barricades and at temporary
obstructions. Danger signs shall be painted red.
* * * * *
Subpart P--[Amended]
15. Revise the authority citation for subpart P of part 1910 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), 1-90 (55 FR 9033), or 5-2007 (72 FR 31159), as applicable;
29 CFR part 1911.
Section 1910.243 also issued under 29 CFR part 1910.
16. Revise paragraph (d)(1)(i) of Sec. 1910.243 to read as
follows:
Sec. 1910.243 Guarding of portable powered tools.
* * * * *
(d) * * *
(1) * * *
(i) Explosive-actuated fastening tools that are actuated by
explosives or any similar means, and propel a stud, pin, fastener, or
other object for the purpose of affixing it by penetration to any other
object shall meet the design requirements specified by paragraph (d)(2)
of this section. This requirement does not apply to devices designed
for attaching objects to soft construction materials, such as wood,
plaster, tar, dry wallboard, and the like, or to stud-welding
equipment.
* * * * *
Subpart Q--[Amended]
17. Revise the authority citation for subpart Q of part 1910 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, and 657); Secretary of
Labor's Orders Nos. 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 5-2007 (72 FR 31159), as applicable; and 29 CFR part
1911.
Sec. 1910.251 [Amended]
18. Remove paragraph (c) of Sec. 1910.251.
19. Revise paragraph (b)(1)(ii) of Sec. 1910.253 to read as
follows:
Sec. 1910.253 Oxygen-fuel gas welding and cutting.
* * * * *
(b) * * *
(1) * * *
(ii) Compressed gas cylinders shall be legibly marked, for the
purpose of identifying the gas content, with either the chemical or the
trade name of the gas. Such marking shall be by means of stenciling,
stamping, or labeling, and shall not be readily removable. Whenever
practical, the marking shall be located on the shoulder of the
cylinder.
* * * * *
Subpart R--[Amended]
20. Revise the authority citation for subpart R of part 1910 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), 1-90 (55 FR 9033), 6-96 (62 FR 111), or 5-2007 (72 FR
31159), as applicable; and 29 CFR part 1911.
21. Revise paragraphs (c)(15)(ii), (e)(4), (g)(13)(i), (h)(1),
(j)(4)(iii), (j)(5)(i), (k)(6), (k)(13)(i), and (k)(15) of Sec.
1910.261 to read as follows:
Sec. 1910.261 Pulp, paper, and paperboard mills.
* * * * *
(c) * * *
(15) * * *
(ii) Where conveyors cross passageways or roadways, a horizontal
platform shall be provided under the conveyor extending out from the
sides of the conveyor a distance equal to 1.5 times the length of the
wood handled. The platform shall extend the width of the road plus 2
feet on each side, and shall be kept free of wood and rubbish. The
edges of the platform shall be provided with toeboards or other
protection to prevent wood from falling, in accordance with Sec.
1910.23.
* * * * *
(e) * * *
(4) Runway to the jack ladder. The runway from the pond or
unloading dock to the table shall be protected with standard handrails
and toeboards. Inclined portions shall have cleats or equivalent
nonslip surfacing in accordance with Sec. 1910.23. Protective
equipment shall be provided for persons working over water.
* * * * *
(g) * * *
(13) * * *
(i) Blowpit openings shall be preferably on the side of the pit
instead of on top. When located on top, openings shall be as small as
possible and shall be provided with railings in accordance with Sec.
1910.23.
* * * * *
(h) * * *
(1) Bleaching engines. Bleaching engines, except the Bellmer type,
shall be completely covered on the top, with the exception of one small
opening large enough to allow filling, but too small to admit a person.
Platforms leading from one engine to another shall have standard
guardrails in accordance with Sec. 1910.23.
* * * * *
(j) * * *
(4) * * *
(iii) When beaters are fed from a floor above, the chute opening,
if less than 42 inches from the floor, shall be provided with a
complete rail or other enclosure. Openings for manual feeding shall be
sufficient only for entry of stock, and shall be provided with at least
two permanently secured crossrails in accordance with Sec. 1910.23.
* * * * *
(5) * * *
(i) All pulpers having the top or any other opening of a vessel
less than 42 inches from the floor or work platform shall have such
openings guarded by railed or other enclosures. For manual charging,
openings shall be sufficient to permit the entry of stock, and shall be
provided with at least two permanently secured crossrails in accordance
with Sec. 1910.23.
* * * * *
(k) * * *
(6) Steps. Steps of uniform rise and tread with nonslip surfaces
shall be provided at each press in accordance with Sec. 1910.23.
* * * * *
(13) * * *
(i) A guardrail shall be provided at broke holes in accordance with
Sec. 1910.23.
* * * * *
(15) Steps. Steps or ladders of uniform rise and tread with nonslip
surfaces shall be provided at each calendar stack. Handrails and hand
grips shall be provided at each calendar stack in accordance with Sec.
1910.23.
* * * * *
[FR Doc. E7-24182 Filed 12-13-07; 8:45 am]
BILLING CODE 4510-26-P
