[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)][Notices][Pages 20678-20680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08005]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2015-0017]
Rollins College; AmerenUE (Formerly Union Electric Company); and
Outfront Media, LLC (Formerly Gannett Outdoor Companies, Operating as
Outdoor Systems, Inc., Subsequently CBS Outdoor Systems, Inc.):
Technical Amendment to, and Revocation of, Permanent Variances
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Notice.
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SUMMARY: With this notice, the Occupational Safety and Health
Administration ("OSHA" or "the Agency") is making a technical
amendment to an existing permanent variance, and revoking two others.
The technical amendment involves updating the name of one employer
granted a variance whose name has changed. The technical amendment and
revocations result from an OSHA review to identify variances that are
outdated, unnecessary, or otherwise defective.
DATES: The effective date of the technical correction and revocation of
the permanent variances is April 8, 2016.
FOR FURTHER INFORMATION CONTACT: General information and press
inquiries. Contact Frank Meilinger, Director, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone: (202) 693-1999. Email:
meilinger.francis2@dol.gov
Technical information. Contact Kevin Robinson, 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. Email:
robinson.kevin@dol.gov
Copies of this Federal Register notice. Electronic copies of this
notice are available at http://www.regulations.gov . Electronic copies
of this notice, as well as news releases and other relevant
information, are available on OSHA's Web site at http://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
OSHA recently reviewed variances currently in effect to identify
those that are outdated, unnecessary, or otherwise defective. As part
of this review, OSHA contacted by telephone, every employer with an
active OSHA variance to determine if they still needed the variance. As
a result of this review, OSHA found that one employer identified in a
variance had a new name, and two additional employers no longer needed
the variances because conditions at their worksite addressed by the
variance no longer exist.
With this notice, the Agency is correcting these technical
deficiencies and is announcing the following: (1) Revocation of a
permanent variance granted to Rollins College in 1974 from 29 CFR
1910.37(i) [39 FR 11481]; (2) revocation of a permanent variance
granted to AmerenUE (formerly Union Electric Company) in 1974 from 29
CFR 1910.28(g)(1) [39 FR 37278]; and (3) renaming CBS Outdoor Systems,
Inc. (formerly Gannett Outdoor Companies, operating as Outdoor Systems,
Inc.) granted a permanent variance in 1991 from 29 CFR
1910.27(d)(l)(ii), (d)(2), and (d)(5) [56 FR 8801] to Outfront Media,
LLC.
Rollins College and AmerenUE representatives confirmed by letter
that they no longer needed the variances because conditions which
prompted them to seek the variances no longer exist; and they now can
comply with the standard from which OSHA granted the variances. Company
representatives requested that OSHA revoke their respective variances.
Additionally, an Outfront Media, LLC management representative
requested the corporate name change and provided documentation
supporting the request.
Further, OSHA believes that with this notice it will be able to:
(1) Accurately and expeditiously determine the employers covered by a
variance; (2) enhance enforcement of the variance; (3) ensure that a
variance identifies and covers the appropriate worksites; (4) inform
employers and employees that the revoked variances no longer cover the
employers, and therefore, the employers must comply with the applicable
OSHA standards; and (5) inform employees that the applicable OSHA
standards replacing the revoked variances will provide them with the
necessary protection.
The corporate name change implemented by this notice maintains the
employer's regulatory obligations and does not alter the substantive
requirements specified in the original variance. The variance continues
to remain in effect and to provide employees with the safety and health
protection afforded to them by the original variance.
A list of variances that remain in effect by this notice is
available on OSHA's Variance Program Web site at
http://www.osha.gov/dts/otpca/variances/variances_ineffect.html.
As previously indicated, with this notice, the Agency is making
only a technical correction to an existing variance, and revoking
variances that employers no longer need for employee protection.
Accordingly, this notice will not have a substantive effect on
employers or employees; 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 addressed
by this notice:
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Name of employer (company) Federal
affected Variance No. Date granted Register cite OSHA Standards
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Rollins College................ V-74-16 03/28/1974 39 FR 11481 1910.37(i).
OSHA-2012-0024 07/06/2012 77 FR 40088 1910.36(g)(1).
AmerenUE (formerly Union V-74-5 10/18/1974 39 FR 37278 1910.28(g)(1).
Electric Company).
OSHA-V05-2-2006-0785 12/09/2008 73 FR 74754
Outfront Media, LLC (formerly V-90-1 03/01/1991 56 FR 8801 1910.27(d)(1)(ii),
Gannett Outdoor Companies, OSHA-V05-2-2006-0785 12/09/2008 73 FR 74754 1910.27(d)(2),
operating as Outdoor Systems, and
Inc., subsequently CBS Outdoor 1910.27(d)(5).
Systems, Inc.).
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II. Technical Amendment to, and Revocation of, Permanent Variances
A. Renaming a Company
OSHA initially granted a permanent variance to the Gannett Outdoor
Companies operating as Outdoor Systems, Inc. on March 1, 1991, (56 FR
8801). Subsequently, on December 9, 2008, OSHA granted Gannett Outdoor
Companies operating as Outdoor Systems, Inc. a name change to CBS
Outdoor Systems, Inc. (73 FR 74754). Further, on November 11, 2015, a
management representative of CBS Outdoor Systems, Inc. sent a letter
and supporting documentation to OSHA stating that the former company
and associated variance names were no longer valid, and requested the
Agency to correct the variance using the new successor company's name
(Exhibit OSHA-2015-0017-0004).
CBS Outdoor Systems, Inc. notified the Agency (via letter dated
November 11, 2014) that the company changed its name from CBS Outdoor,
Inc. (formerly Gannett Outdoor Companies, operating as Outdoor Systems,
Inc. for whom the initial variance was granted) to the successor
company, Outfront Media, LLC. As, was the case with the December 9,
2008 name change (73 FR 74754), Outfront Media, LLC will continue to
follow the conditions specified by the variance.
Additionally, CBS Outdoor Systems, Inc. provided supporting
documentation including: (1) A series of documents from the State of
Delaware (having jurisdiction where the corporation first formed), each
acknowledging a sequential name change for the entity beginning in 1997
as Outdoor Systems, Inc. to November of 2014, when Outdoor Systems,
Inc. became Outfront Media, LLC (Exhibit OSHA-2015-0017-0004,
attachment 1); and (2) an updated listing of locations (places of
employment) potentially affected by the Outfront Media, LLC variance
(i.e., regional centers of operation from which climbing activities
take place in support of Outfront Media's outdoor advertising business
(Exhibit OSHA-2015-0017-0004, attachment #2)).
B. Revoking the Permanent Variance Granted to Rollins College
On March 28, 1974, OSHA granted Rollins College a variance from 29
CFR 1910.37(i), which governed ceiling height for means of egress (39
FR 11481). The Agency renumbered this provision (to 29 CFR
1910.36(g)(1)) in a subsequent rulemaking that revised its means-of-
egress standards to improve the clarity and comprehensibility of these
standards (67 FR 67962; November 7, 2002). While this rulemaking
renumbered 29 CFR 1910.37(i) as 29 CFR 1910.36(g)(1), it did not revise
the substantive requirements of the provision. On July 6, 2012, OSHA
published a Federal Register notice that amended the permanent variance
granted to Rollins College to account for this renumbering of the
standard (77 FR 40088).
Subsequently, in a letter dated July 7, 2015, Rollins College,
indicated that the college no longer requires or uses the variance.
Further, the college's letter indicated that the ceiling height of the
buildings where the variance was used in the past has been renovated
and the means of egress are now in compliance with the applicable OSHA
standards. As a result, the variance is no longer needed or used and
should be revoked (Exhibit OSHA-2015-0017-0002).
C. Revoking the Permanent Variance Granted to AmerenUE
On October 18, 1974, OSHA granted Union Electric Company a variance
from 29 CFR 1910.28(g)(1), which required that two-point suspension
scaffolds be a minimum of 20 inches in width (39 FR 37278). On December
9, 2008, the Agency found that Union Electric Company had a new name
and operated as AmerenUE. On that same date, the Agency responded to a
request from a company officer to correct Union Electric Company's
variance by using the company's new name. OSHA published a Federal
Register notice announcing a technical amendment updating the variance
grantee's name from Union Electric Company to AmerenUE (73 FR 74754).
Subsequently, in a letter dated September 18, 2015, Ameren Missouri
[(formerly Union Electric Company, then AmerenUE) (Exhibit OSHA-2015-
0017-0003)], indicated that the company no longer requires or uses the
variance and requested OSHA to revoke it.
III. Decision
Based on the information described herein, the Agency is taking the
following actions:
A. Revising the name of CBS Outdoor, Inc. (formerly Gannett Outdoor
Companies, operating as Outdoor Systems, Inc. for whom the initial
variance was granted) to the successor company, Outfront Media, LLC.
B. Revoking the variances granted to Rollins College and AmerenUE
(formerly Union Electric Company).
Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC, authorized the preparation of
this notice. OSHA is issuing this notice 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. 1-2012 (76 FR 3912), and 29
CFR part 1905.
Signed at Washington, DC, on March 4, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-08005 Filed 4-7-16; 8:45 am]
BILLING CODE 4510-26-P
