[Federal Register: December 9, 2008 (Volume 73, Number 237)][Notices]
[Page 74754-74756]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-82]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-V05-2-2006-0785]
AmerenUE; American Airlines, Inc.; CBS Outdoor, Inc.; Dixie
Divers, Inc.; Graver Tank and Mfg. Co.; Hamon Custodis, Inc.;
International Paper Co.; Metalplate Galvanizing, Inc.; Fisher Mills,
Inc.; Pullman Power, LLC; U.S. Ecology Idaho, Inc.; West Pharmaceutical
Services, Inc.; Zurn Industries, Inc.; and 3M Co: Technical Amendments
to, and Revocation of, Permanent Variances
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Notice of technical amendments to, and revocation of, permanent
variances.
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SUMMARY: With this notice, the Occupational Safety and Health
Administration ("OSHA" or "the Agency") is making technical
amendments to existing permanent variances, and revoking several
others. The technical amendments involve renaming the employers
identified on eight of the variances, and also revising the worksites
covered by one of these variances. In addition, the Agency is revoking
six variances based on evidence that the employers no longer need the
variances.
DATES: The effective date of the permanent variance is December 9,
2009.
FOR FURTHER INFORMATION: Contact Ms. MaryAnn Garrahan, Director, Office
of Technical Programs and Coordination Activities, Room N-3655, OSHA,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone (202) 693-2110; fax (202) 693-1644. Access electronic
copies of this notice at OSHA's Web site, http://www.osha.gov, by
selecting Federal Register, "Date of Publication," and then "2008."
SUPPLEMENTARY INFORMATION:
I. Background
The Agency has 23 permanent variances currently in effect. After
reviewing these variances, OSHA found that employers identified in
eight of these variances had new names (two resulting from the sale of
company assets), and one of these employers relocated several worksites
specified in the variance. The review also found that six of the
employers do not need variances because: The conditions requiring the
variance no longer exist; a new standard replaced the standard from
which the employer received the variance; or the employer is no longer
in business. With this notice, the Agency is correcting these problems.
OSHA believes this notice will: Enable the Agency to accurately and
expeditiously determine the employers covered by a variance, thereby
enhancing enforcement of the variance; ensure that a variance
identifies and covers the appropriate worksites; and, for revoked
variances, notify employees that the employer is no longer covered by
the variance and must comply with the appropriate OSHA standard.
The technical amendments implemented by this notice do not alter
the substantive requirements of the variances that remain in effect.
For variances revised by this notice, these amendments maintain the
regulatory obligations specified in the variances granted to the
employers, thereby continuing to ensure the safety and health
protection afforded to employees by the variances. For variances
revoked by this notice, existing OSHA standards will provide employees
with the necessary protection. A list of variances that remain in
effect by this notice is available on OSHA's Web site at http://
www.osha.gov/dts/otpca/variances/variances.html.
With this notice, the Agency is making only technical corrections
to existing variances, or revoking variances no longer needed by
employers for employee protection. Accordingly, this notice will not
have a substantive effect on employers or employees, and OSHA therefore
finds that public notice-and-comment procedures specified under Section
6(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655),
and by 29 CFR 1905.11 or 1905.13, are unnecessary.
The following table provides details about the variances affected
by this notice:
----------------------------------------------------------------------------------------------------------------
Federal Register OSHA standards
Name of employer (company) * Variance No. Date granted cite affected
----------------------------------------------------------------------------------------------------------------
American Airlines, Inc.......... V-73-3............ 06/27/1973........ 38 FR 16944....... 1910.107(g)(7) and
1910.108(f)(4).
Custodis Construction Co., Inc. V-73-13........... 04/03/1973........ 38 FR 8545........ 1926.552(c),
(now Hamon Custodis, Inc.). 1926.451(1),
1926.451(4), and
1926.451(5).
Dixie Divers, Inc............... V-97-1............ 12/20/1999........ 64 FR 71242....... 1910.423(b)(2),
1910.423(c)(3)(ii
i), and
1910.426(b)(1).
Hammermill Papers Group (now V-83-1............ 09/07/1983........ 48 FR 40463....... 1910.261(c)(9)(i).
International Paper Co.).
Envirosafe Services of Idaho, V-93-1............ 06/07/1994........ 59 FR 29440....... 1910.106(b)(2)(vii
Inc. (now US Ecology Idaho, i)(F).
Inc.).
Fisher Mills, Inc............... V-74-2............ 01/11/1974........ 39 FR 1677-1678... 1910.176(f).
Gannett Outdoor Companies (now V-90-1............ 03/01/1991........ 56 FR 8801........ 1910.27(d)(1)(ii),
CBS Outdoor, Inc.). 1910.27(d)(2),
and
1910.27(d)(5).
Graver Tank & Mfg. Co., Inc..... V-85-6............ 04/03/1973........ 39 FR 8545-8548... 1926.552(c).
Metalplate and Coatings, Inc. V-74-49........... 12/28/1976........ 41 FR 56110....... 1910.22(c) and
(now Metalplate Galvanizing, 1910.23(c)(3).
Inc.).
Minnesota Mining and V-77-4............ 03/10/1978........ 43 FR 9887........ 1910.106(d)(5)(vi)
Manufacturing Co. (now the 3M V-77-14........... (B).
Co.).
M. W. Kellogg Co. (now Pullman V-73-13........... 04/03/1973........ 38 FR 8545........ 1926.552(c).
Power, LLC).
Union Electric Co. (now V-74-5............ 10/18/1974........ 39 FR 37278....... 1910(28)(g)(1).
AmerenUE).
West Co., Inc. (now West V-77-9............ 01/20/1978........ 43 FR 2945........ 1910.217(c)(3)(iii
Pharmaceutical Services, Inc.). )(E).
Zurn Industries, Inc............ V-82-7............ 05/14/1985........ 50 FR 2145-2149... 1926.552(c)(1),
1926.552(c)(2),
1926.552(c)(3),
and
1926.552(c)(14)(i
).
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* As listed on the original variance.
II. Technical Amendments to Permanent Variances
A. Renaming Companies
1. AmerenUE; CBS Outdoor, Inc.; Metalplate Galvanizing, Inc.; U.S.
Ecology Idaho, Inc.; Viacom Outdoor, Inc.; West Pharmaceutical
Services, Inc.; and the 3M Co. In the original variances, the names of
these companies were, respectively, Union Electric Co.; Gannett Outdoor
Services; Metalplate and Coatings, Inc.; Envirosafe Services of Idaho,
Inc.; West Co., Inc.; and Minnesota Mining and Manufacturing Co.
Recently, officers of these companies sent letters to OSHA stating that
these names were no longer valid, and requesting the Agency to correct
the variances using the new names (Exs. OSHA-V05-2-2006-0785-0002-004).
2. Hamon Custodis, Inc. By letter dated June 20, 1989, Charles
Williams, Director of Marketing and Construction for Custodis Cottrell,
Inc., notified the Agency that the company changed its name from
Custodis Construction Co., Inc., the name under which OSHA granted the
original variance (Ex. OSHA-V05-2-2006-0785-0005). In a letter dated
April 27, 2005, Thomas Pratt, Director of Health, Safety, and Quality
at Hamon Custodis, informed OSHA that "Hamon Custodis" was now the
corporate name for Custodis Cottrell, Inc. (Ex. OSHA-V05-2-2006-0785-
0006). A subsequent letter dated August 10, 2005, provided
documentation showing that Hamon Custodis acquired the business assets,
including the chimney-construction assets, of Custodis Cottrell, Inc.
on July 23, 1998 (Ex. OSHA-V05-2-2006-0785-0007). This documentation
also included certification from the Director of Construction for Hamon
Custodis, John Huchko, attesting that Hamon Custodis continues to
perform chimney-construction work under the conditions specified by the
variance order (Ex. OSHA-V05-2-2006-0785-0008).
3. Pullman Power, LLC. A letter from Pullman Power, LLC ("Pullman
Power") dated July 7, 2005, provided OSHA with a copy of an Asset
Purchase Agreement showing that Pullman Power acquired the business
assets of Pullman Power Products Corp., including equipment and
property, on October 4, 2000 (Ex. OSHA-V05-2-2006-0785-0009). In this
letter, Mr. Dan Fangio, president of Pullman Power, stated that the
company continues to perform chimney-construction work as described in
the variance, and complies with the conditions specified in the
variance order when doing so. In a subsequent letter from Pullman
Power, Mr. Fangio verified that Pullman Power was a successor to the M.
W. Kellogg Co., the employer identified in the original variance (Ex.
OSHA-V05-2-2006-0785-0010). In this letter, Mr. Fangio also certified
the following merger-and-acquisition history of Pullman Power:
(a) 1980--M. W. Kellogg Co. acquired by Wheelabrator-Frye, Inc.
(b) 1983--Wheelabrator-Frye, Inc. merged with the Signal Companies.
(c) 1985--the Signal Companies merged with Allied Corp. to form
Allied-Signal, Inc.
(d) 1986--Allied-Signal, Inc. formed a holding corporation, the
Henley Group, Inc., that included Wheelabrator Technologies, Inc. as a
wholly owned subsidiary.
(e) 1990--Waste Management, Inc. assumed control of Wheelabrator
Technologies, Inc., forming Pullman Power Products Corp. as a
subsidiary corporation.
(f) 2000--Resco Holdings, Inc., a subsidiary of Waste Management,
Inc., sold Pullman Power Products Corp. to Pullman Power and Structural
Technologies, LLC (the parent company of Pullman Power).
B. Revising Covered Worksites
West Pharmaceutical Services, Inc. By facsimile letter dated May
19, 2004, (Ex. OSHA-V05-2-2006-0785-0011), West Pharmaceutical
Services, Inc., asked OSHA to revise the worksites covered by the
variance. This letter also noted that several of the original
facilities, in Phoenixville, PA, Millville, NJ, and Kinston, NC, either
did not require coverage by the variance or were no longer in
operation. The employer is retaining coverage for the worksites at
Kearny, NE, and St. Petersburg, FL, and is requesting to add coverage
to the following worksites:
West Pharmaceutical Services, Inc., 347 Oliver Street, Jersey
Shore, PA 17740.
West Pharmaceutical Services, Inc., 101 Gordon Drive, Lionville, PA
19341.
West Pharmaceutical Services, Inc., 179 West Airport Road, Lititz,
PA 17543.
West Pharmaceutical Services, Inc., Route 70, Kinston, NC 28501.
C. Revoking Permanent Variances
1. American Airlines, Inc. The Agency granted American Airlines,
Inc. a variance permitting it to use painted lines instead of "no
smoking" signs to identify smoking areas at its Maintenance and
Engineering Center in Tulsa, OK. The employer subsequently prohibited
smoking at this facility, and, in an e-mail to OSHA, stated that it no
longer needed the variance (Ex. OSHA-V05-2-2006-0785-0012).
2. Dixie Divers, Inc. On February 17, 2004, OSHA published a final
rule that added Appendix C to its Commercial Diving Operations
("CDO") Standard at 29 CFR 1910, subpart T (69 FR 7351). The appendix
permits employers of recreational diving instructors and diving guides
to comply with an alternative set of requirements instead of the
decompression-chamber requirements specified in the CDO Standard. This
set of requirements duplicates the conditions of the variance granted
to Dixie Divers, Inc. Therefore, these requirements provide the
employer with the same relief, and employees with the same protection,
afforded to them by the variance. Accordingly, the variance is
redundant and unnecessary.
3. Graver Tank & Mfg. Co. On March 28, 1996, Graver Tank was
acquired by Astrotech International Corporation. Effective October 28,
1997, Astrotech merged with ITEQ Storage Systems Inc., as noted in a
1998 10-K filing with the Securities and Exchange Commission (SEC) (Ex.
OSHA-V05-2-2006-0785-0013). In February 2000, ITEQ sold Graver Tank's
assets to a private entity. The company was liquidated soon thereafter,
obviating the need for a variance, as documented by SEC Proxy Statement
Form DEF 14A, dated May 1, 2000 (Ex. OSHA-V05-2-2006-0785-0014).
4. Fisher Mills, Inc. On March 20, 2001, Fisher Communications Inc.
sold the assets of Fisher Mills to Pendleton Flour Mills, Inc.
Pendleton subsequently closed the mill's operations, obviating the need
for a variance. This sale is documented in Fisher Communication's 8-K
form filed with the SEC on March 16, 2001 (Ex. OSHA-V05-2-2006-0785-
0015). The mill site, which is no longer in operation, was purchased by
King County, WA, on July 28, 2003 (Ex. OSHA-V05-2-2006-0785-0016).
5. International Paper Co. International Paper Co. submitted a
letter to OSHA dated August 11, 2005, stating that it was the successor
to Hammermill Papers Group (Ex. OSHA-V05-2-2006-0785-0017). In this
letter, International Paper Co. noted that its Erie, PA, mill, the only
mill covered by the variance granted to Hammermill, is no longer in
operation, thereby obviating the need for the variance.
6. Zurn Industries. Zurn Industries submitted a letter to OSHA
dated April 16, 2004, stating that it sold its chimney- and tower-
erection businesses (Ex. OSHA-V05-2-2006-0785-0018), thereby making the
variance unnecessary.
III. Decision
Based on the information described herein, including the finding
that this notice will not alter the substantive requirements of the
variances and will maintain the protection afforded to employees by the
variances, the Agency is taking the following actions:
A. Revising the names of employers as shown in the following table:
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Name in original variance Revised name
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Metalplate and Coatings, Inc.............. Metalplate Galvanizing, Inc.
West Co................................... West Pharmaceutical
Services, Inc.
Minnesota Mining and Manufacturing Co..... 3M Co.
Custodis Construction Co., Inc............ Hamon Custodis, Inc.
M. W. Kellogg Co.......................... Pullman Power, LLC
Envirosafe Services of Idaho, Inc......... US Ecology Idaho, Inc.
Union Electric Co......................... AmerenUE
Gannett Outdoor Services.................. CBS Outdoor, Inc.
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B. Adding worksites at Jersey Shore, Pa., Lionville, Pa., Lititz,
Pa., and Kinston, N.C. to the variance granted to West Pharmaceutical
Services, Inc. (formerly the West Co.).
C. Revoking the variances granted to American Airlines, Inc., Dixie
Divers, Inc., Graver Tank and Mfg. Co., Fisher Mills Co., International
Paper Co. (the successor employer to Hammermill Papers Group), and Zurn
Industries.
IV. Authority and Signature
Thomas M. Stohler, Acting Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC, directed the preparation of this
notice. This notice is issued under the authority specified by Section
6(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655),
Secretary of Labor's Order No. 5-2007 (72 FR 31160), and 29 CFR part
1905.
Signed at Washington, DC, on November 18, 2008.
Thomas M. Stohler,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-29002 Filed 12-8-08; 8:45 am]
BILLING CODE 4510-26-P
