Worker Safety and Health Program, 3812-3835 [05-1203]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 70, Number 16 (Wednesday, January 26, 2005)]
[Proposed Rules]
[Pages 3812-3835]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1203]



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Part III





Department of Energy





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10 CFR Part 851



Worker Safety and Health Program; Proposed Rule

Federal Register / Vol. 70, No. 16 / Wednesday, January 26, 2005 / 
Proposed Rules

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DEPARTMENT OF ENERGY

10 CFR Part 851

[Docket No. EH-RM-04-WSHP]
RIN 1901-AA99


Worker Safety and Health Program

AGENCY: Office of Environment, Safety and Health, Department of Energy.

ACTION: Supplemental notice of proposed rulemaking and opportunity for 
public comment.

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SUMMARY: The Department of Energy (DOE) is issuing a supplemental 
proposal to implement the statutory mandate of section 3173 of the Bob 
Stump National Defense Authorization Act for Fiscal Year 2003 to 
establish worker safety and health regulations to govern contractor 
activities at DOE workplaces. The supplemental proposal reflects 
consultations with the Defense Nuclear Facilities Safety Board (DNFSB), 
as well as comments received from members of the public.

DATES: The comment period will end on April 26, 2005. Public hearings 
will be held on March 29 and 30, 2005 from 9 a.m. to 12 p.m. and from 
1:30 p.m. to 5 p.m. Requests to speak at the hearings should be phoned 
in to Jacqueline D. Rogers, 202-586-4714, by March 28, 2005. Each 
presentation is limited to 10 minutes.

ADDRESSES: Written comments (three copies) should be addressed to: 
Jacqueline D. Rogers, U.S. Department of Energy, Docket Number EH-RM-
03-WSH; Room GA-098, 1000 Independence Avenue, SW., Washington DC 
20585-0270. Alternatively, comments can be filed electronically by e-
mail to: rule851.comments@hq.doe.gov noting ``Worker Safety and Health 
Rule Comments'' in the subject line.
    Copies of the public hearing transcripts, written comments 
received, and any other docket material may be reviewed on the Web site 
specially established for this proceeding. The Internet Web site is 
https://www.eh.doe.gov/rulemakingwsh.
    The public hearings for this rulemaking will be held in Washington, 
DC at the Holiday Inn-Washington Capitol, 550 C Street, SW., 
Washington, DC 20024.
    For more information concerning public participation in this 
rulemaking proceeding, see Section IV of this notice (Public Comment 
Procedures).

FOR FURTHER INFORMATION CONTACT: Jacqueline D. Rogers, U.S. Department 
of Energy, Room GA-089, 1000 Independence Avenue, SW., Washington DC 
20585-0270, 202-586-4714, e-mail: jackie.rogers@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction.
II. Supplemental Proposal.
III. Procedural Review Requirements.
    A. Review Under Executive Order 12866.
    B. Review Under Executive Order 12988.
    C. Review Under Executive Order 13132.
    D. Review Under Executive Order 13175.
    E. Reviews Under the Regulatory Flexibility Act.
    F. Review Under the Paperwork Reduction Act.
    G. Review Under the National Environmental Policy Act.
    H. Review Under the Unfunded Mandates Reform Act.
    I. Review Under Executive Order 13211.
    J. Review Under the Treasury and General Government 
Appropriations Act, 1999.
    K. Review Under the Treasury and General Government 
Appropriations Act, 2001.
IV. Public Comment Procedures.
    A. Written Comments.
    B. Public Hearings.

I. Introduction

    DOE has broad authority to regulate worker safety and health 
pursuant to the Atomic Energy Act of 1954 (AEA), 42 U.S.C. 2011 et 
seq., the Energy Reorganization Act of 1974 (ERA), 42 U.S.C. 5801-5911, 
and the Department of Energy Organization Act (DOEOA), 42 U.S.C. 7101-
7352. DOE currently exercises this authority in a comprehensive manner 
by incorporating appropriate provisions on worker safety and health 
into the contracts under which work is performed at DOE workplaces. 
During the past decade, DOE has taken steps to ensure that contractual 
provisions on worker safety and health are tailored to reflect 
particular workplace environments. In particular, the Integration of 
Environment, Health and Safety into Work Planning and Execution clause 
set forth in the DOE procurement regulations requires DOE contractors 
to establish an integrated safety management system. 48 CFR 952.223-71 
and 970.5223-1. As part of this process, a contractor must define the 
work to be performed, analyze the potential hazards associated with the 
work, and identify a set of standards and controls that are sufficient 
to ensure safety and health if implemented properly. The identified 
standards and controls are incorporated as contractual requirements 
through the Laws, Regulations and DOE Directives clause set forth in 
the DOE procurement regulations. 48 CFR 970.0470-2 and 970.5204-2. 
Specifically, the Laws, Regulations and DOE Directives clause set forth 
in the DOE procurement regulations requires the incorporation of 
applicable DOE Orders into a contract unless a contractor develops a 
tailored set of standards and obtains DOE approval to incorporate this 
tailored set in place of the applicable DOE Orders.
    In 2002, Congress directed DOE to promulgate regulations on worker 
safety and health to govern the conduct of contractors with Price-
Anderson indemnification agreements in their contracts. Specifically, 
section 3173 of the National Defense Authorization Act (NDAA) amended 
the AEA to add section 234C (codified as 42 U.S.C. 2282c) that requires 
DOE to promulgate worker safety and health regulations that maintain 
``the level of protection currently provided to * * * workers.'' Pub. 
L. 107-314 (December 2, 2002). These regulations are to include 
``flexibility to tailor implementation * * * to reflect activities and 
hazards associated with a particular work environment; to take into 
account special circumstances for facilities permanently closed, 
demolished, or title transferred; achieve national security missions.'' 
Section 234C also makes a DOE contractor with such an indemnification 
agreement that violates these regulations subject to civil penalties 
similar to the authority Congress granted to DOE in 1988 with respect 
to civil penalties. Section 234C also directed DOE to insert in such 
contracts a clause providing for reducing contractor fees and other 
payments in the event of a violation by a contractor or contractor 
employee of any regulation promulgated under section 234C while 
specifying that both sanctions may not be used for the same violation.
    On December 8, 2003, DOE published a notice of proposed rulemaking 
to implement section 3173 of the NDAA (68 FR 68276). The December 
proposal was intended to codify existing DOE practices in order to 
ensure the worker health and safety regulations would provide DOE 
workers a level of protection equivalent to that currently afforded 
them. Specifically, under the December proposal, a contractor would 
comply with either a set of requirements based primarily on the 
provisions of DOE Order 440.1A, Worker Protection Management for DOE 
Federal and Contractor Employees, the current DOE Order on worker 
health and safety, or a tailored set of requirements approved by DOE. 
The contractor would implement these requirements pursuant to a worker 
health and safety program approved by DOE.
    On January 1, 2004, DOE held a video conference to allow DOE 
employees, DOE contractors, contractor employees, and employee 
representatives to become

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familiar with the December proposal. DOE held public hearings on the 
December proposal in Washington, DC on January 21, 2004, and in Golden, 
Colorado on February 4, 2004. In addition to the oral comments at the 
public hearings, DOE received approximately 50 written comments on the 
December proposal.
    On February 27, 2004, after becoming aware that the DNFSB had 
concerns with regard to the December proposal, DOE suspended the 
rulemaking in order to consult with the DNFSB and to consider comments 
received from other stakeholders on the December proposal. (69 FR 9277) 
As a result of its consultation with the DNFSB and consideration of 
other comments, DOE is now restarting the rulemaking proceeding through 
the issuance of this notice that sets forth a supplemental proposal, 
announces additional public hearings and provides the opportunity for 
further written comments.

II. Supplemental Proposal

    The supplemental proposal contains several provisions that differ 
from those in the December proposal. These proposed provisions 
incorporate approaches put forth by the DNFSB during consultations, as 
well as by the comments on the December proposal. Specifically, the 
supplemental proposal contains provisions that would: (1) Codify a 
minimum set of safety and health requirements with which contractors 
must comply; (2) establish a formal exemption process which requires 
approval by the Secretarial Officer with line management responsibility 
and provides for significant involvement by the Assistant Secretary for 
Environment, Safety and Health; (3) delineate the role of the worker 
safety and health program and its relationship to integrated safety 
management; (4) set forth the general duties of contractors responsible 
for DOE workplaces; and (5) limit the scope of the regulations to 
contractor activities at DOE sites.
    Subpart C of the supplemental proposal sets forth the proposed 
worker safety and health requirements with which a contractor would 
comply. These proposed requirements correspond, to a large extent, with 
the provisions set forth in Appendix A to the December proposal. These 
requirements include a variety of OSHA and consensus standards, and 
these standards would be legally binding on a contractor to the extent 
that a requirement is applicable to the hazards identified for a 
particular workplace environment. DOE invites comments on the question 
of whether the OSHA and consensus standards included in today's 
supplemental proposal provide an appropriate basis for enforcing worker 
safety and health requirements at DOE facilities.
    DOE does not expect that codification of these requirements will 
result in significant increased costs since, to a very large extent, 
they are based on existing provisions of DOE Order 440.1A, DOE Order 
420 and DOE Notice 450.7 that have been incorporated into most existing 
DOE contracts through the Integration of Environment, Health and Safety 
into Work Planning and Execution clause and the Laws, Regulations and 
DOE Directives clause. Accordingly, most contractors already should be 
implementing the substance of the proposed requirements to the extent 
applicable to the hazards identified for a particular workplace 
environment. In addition, DOE expects that the implementation guidance 
for the proposed requirements would be essentially the same as the 
implementation guidance for the corresponding provisions in DOE Order 
440.1A, DOE Order 420 and DOE Notice 450.7 and that contractors would 
make use of analyses, evaluations and work planning already undertaken 
to meet their existing contractual worker health and safety 
obligations. DOE requests comments from any person who believes that 
codification will result in significant increased costs. These comments 
should identify the reasons for the increased costs and potential 
changes to the supplemental proposal that could reduce or eliminate 
increased costs.
    Subpart D of the supplemental proposal sets forth a proposed 
exemption process by which the Secretarial Officer with line management 
responsibility for a contractor can relieve the contractor from 
complying with a particular requirement with respect to a particular 
workplace. The Assistant Secretary for Environment, Health and Safety 
would have the opportunity to review and comment on an exemption prior 
to its issuance and, in the case of a non-NNSA contractor, would have 
the option to non-concur in the issuance of an exemption. Subpart D is 
based on the existing exemption process for nuclear safety requirements 
that is set forth in 10 CFR part 820. Subpart D contains specific 
provisions that would require any exemption to: Adequately protect the 
safety and health of workers; be consistent with a safe and healthful 
workplace free from recognized workplace hazards that are causing or 
are likely to cause death or serious bodily injury; not permit exposure 
limits that are less protective than the limits required by subpart C; 
not diminish the level of protection afforded workers; and involve a 
special circumstance. The proposed list of special circumstances 
includes three situations not included in the exemption process set 
forth in Part 820. The additional situations would be situations where: 
an exemption would contribute to tailoring the requirements of this 
part to reflect the hazards and facilities associated with a particular 
work environment; a facility is to be, permanently closed and 
demolished, or title is expected to be transferred to another entity 
for reuse; or an exemption would contribute substantially to achieving 
a national security mission of the Department of Energy in an efficient 
and timely manner. The proposed addition of these three special 
circumstances is intended to ensure the supplemental proposal would 
have the regulatory flexibility mandated by the NDAA.
    DOE requests comments as to whether the exemption process is the 
most appropriate or effective method to: Ensure sufficient regulatory 
flexibility to address the myriad of workplace environments across the 
DOE complex; maintain a level of protection equivalent to that 
currently afforded workers; take advantage of worker safety and health 
programs already implemented to meet existing contractual obligations; 
and minimize unnecessary costs. Comments should identify potential 
modifications or alternative approaches.
    Subpart B of the supplemental proposal sets forth the proposed 
requirements for a contractor to develop, implement, and maintain a 
worker safety and health program and for DOE to approve the program. 
Subpart B would make clear that the overarching objectives for a 
program must be: Provision of a place of employment that is free from 
recognized workplace hazards that are causing or are likely to cause 
death or serious bodily harm to workers; and adequately protecting 
workers from identified hazards. These objectives are intended to 
ensure that the statutory standards in the AEA and the Occupational 
Safety and Health Act are met.
    Subpart B is based on the existing process for establishing worker 
safety and health programs pursuant to the Integration of Environment, 
Health and Safety into Work Planning and Execution clause and DOE Order 
440. Specifically, a contractor responsible for a covered workplace 
would identify existing and potential workplace hazards and assess the 
risk of associated workers' injuries and illnesses. To do

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this, the contractor would (1) define the scope of work; (2) identify 
relevant features of the work environment; (3) perform activity level 
hazard analyses to identify hazards; and (4) assess the risk of injury 
and illness associated with those hazards. After identifying hazards 
and assessing risks, the contractor would identify appropriate hazard 
controls to protect workers from the identified hazards prior to 
initiating work activities. Selection of hazard controls would take 
into account all hazards to ensure the development of an integrated set 
of hazard controls. The contractor would prioritize and implement 
abatement actions for identified hazards according to risk, implement 
interim protective measures pending final abatement, and protect 
workers from imminent danger.
    Subpart B provides that a DOE contractor responsible for one or 
more covered workplaces at a DOE site would submit to DOE, for its 
approval, a written worker safety and health program describing site-
specific methods and provisions for complying with the program 
requirements. At sites with multiple contractors responsible for 
various workplaces at the site, the contractors would coordinate with 
each other to ensure that the worker safety and health programs at the 
site are integrated and consistent. Beginning one year after the 
publication of the final rule, no work could proceed at a covered DOE 
workplace without a safety and health program in place that had been 
approved by the CSO or the DOE site manager if approval authority were 
delegated by the CSO. To ensure consistency throughout program offices 
and across DOE, however, the CSO or site manager would consult with the 
Assistant Secretary for Environment, Safety and Health in the 
evaluation and approval of contractor programs. To ensure timely 
evaluation and processing of each contractor-submitted program and to 
avoid work stoppage due to unnecessary delays, the CSO or the Site 
Manager would be obligated to act on a contractor-submitted program 
within 90 days of receipt of the program. DOE requests comments as to 
how the efficiency of the approval process might be increased and, in 
particular, as to the need for separate DOE approval of sub-elements of 
a worker safety and health program.
    A contractor would maintain the worker safety and health program 
for a workplace by evaluating and updating the worker safety and health 
program to reflect changes in the work and associated hazards. The 
process for defining the scope of work, analyzing the hazards 
associated with the work, and identifying the applicable standards 
should be an iterative process performed continually to monitor changes 
in workplace activities and processes and to provide feedback on 
program performance. Through this process, a contractor would evaluate 
significant changes or additions to workplace activities to identify 
new hazards and to assess whether the existing program effectively 
addressed the scope and nature of the work and related hazards. This 
iterative process would provide the contractor with the information 
necessary to make changes and improvements to all aspects of the 
program as needed. On an annual basis, the contractor would either 
submit its updated worker safety and health program to DOE for approval 
or, if no changes are made to the program over the past year, a letter 
to that effect.
    Most contractors already have worker safety and health programs in 
effect. DOE expects contractors to build on these existing programs and 
not to duplicate work already undertaken to meet existing contractual 
obligations. For example, under paragraph 9 of the DOE Order 440.1A, 
Contractor Requirements document, DOE contractors have for almost a 
decade been required to: ``Identify existing and potential workplace 
hazards and evaluate risk of associated worker injury and illness; 
analyze or review: (1) Designs for new facilities and modifications to 
existing facilities and equipment; (2) operations and procedures; and 
(3) equipment, product, and services; assess worker exposure to 
chemical, physical, biological, or ergonomic hazards through 
appropriate workplace monitoring (including personal, area, wipe, and 
bulk sampling); biological monitoring; and observation; evaluate 
workplaces and activities (accomplished routinely by workers, 
supervisors, and managers and periodically by qualified worker 
protection professionals); and report and investigate accidents, 
injuries, and illnesses and analyze related data for trends and lessons 
learned.'' Similarly, under the Integration of Environment, Health and 
Safety into Work Planning and Execution clause, contractors are 
required to: Identify and evaluate workplace hazards, select an agreed-
upon set of safety and health standards to address those specific 
hazards, and implement administrative and engineering controls to 
prevent or mitigate specific workplace hazards.
    Section 851.4 of the supplemental proposal sets forth the proposed 
general duties of a contractor responsible for a covered workplace. 
Specifically, the contractor would be responsible for: Ensuring the 
workplace is free from recognized workplace hazards that are causing or 
are likely to cause death or serious bodily harm; providing workers 
adequate protection from the hazards identified for the workplace; 
complying with the workplace safety and health requirements set forth 
in subpart C of the supplemental proposal that are applicable to the 
hazards identified for the workplace; complying with any compliance 
order issued by the Secretary that is applicable to the workplace; 
ensuring work is performed in accordance with the worker health and 
safety program for the covered workplace; and reporting to DOE and 
investigate each occurrence, including any near miss incident, that 
causes or gives raise to a significant likelihood of death or serious 
bodily harm to a worker.
    Section 851.1 of the supplemental proposal would limit its scope to 
contractor activities at DOE sites. Federal employees would continue to 
be covered by existing programs for federal employees. Section 851.1 
also would exclude contractor employees at DOE sites currently 
regulated by OSHA. DOE believes this exclusion is appropriate since 
there are no defense nuclear facilities located at these sites and the 
contractors responsible for workplaces at these sites do not have 
Price-Anderson indemnification agreements in their contracts.

III. Procedural Review Requirements

A. Review Under Executive Order 12866

    Today's proposed regulatory action has been determined to be a 
``significant regulatory action'' under Executive Order 12866, 
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993), as 
amended by Executive Order 13258 (67 FR 9385, February 26, 2002). 
Accordingly, DOE submitted this notice of proposed rulemaking to the 
Office of Information and Regulatory Affairs of the Office of 
Management and Budget, which has completed its review.

B. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, Section 3(a) of Executive Order 12988, 
``Civil Justice Reform'' (61 FR 4779, February 7, 1996) imposes on 
Federal agencies the general duty to adhere to the following 
requirements: Eliminate drafting errors and needless ambiguity, write 
regulations to minimize litigation, provide a clear legal standard for 
affected conduct rather than a general standard, and promote 
simplification and burden reduction. Section 3(b)

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requires Federal agencies to make every reasonable effort to ensure 
that a regulation, among other things: Clearly specifies the preemptive 
effect, if any, adequately defines key terms, and addresses other 
important issues affecting the clarity and general draftsmanship under 
guidelines issued by the Attorney General. Section 3(c) of Executive 
Order 12988 requires Executive agencies to review regulations in light 
of applicable standards in Section 3(a) and Section 3(b) to determine 
whether they are met or it is unreasonable to meet one or more of them. 
DOE has completed the required review and determined that, to the 
extent permitted by law, the proposed rule meets the relevant standards 
of Executive Order 12988.

C. Review Under Executive Order 13132

    Executive Order 13132 (64 FR 43255, August 10, 1999), imposes 
certain requirements on agencies formulating and implementing policies 
or regulations that preempt State law or that have federalism 
implications. Agencies are required to examine the constitutional and 
statutory authority supporting any action that would limit the 
policymaking discretion of the States and carefully assess the 
necessity for such actions.
    Today's regulatory action has been determined not to be a ``policy 
that has federalism implications,'' that is, it does not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, nor on the distribution of 
power and responsibility among the various levels of government under 
Executive Order 13132 (64 FR 43255, August 10, 1999). Accordingly, no 
``federalism summary impact statement'' was prepared or subjected to 
review under the Executive Order by the Director of the Office of 
Management and Budget.

D. Review Under Executive Order 13175

    Under Executive Order 13175 (65 FR 67249, November 6, 2000) on 
``Consultation and Coordination with Indian Tribal Governments,'' DOE 
may not issue a discretionary rule that has tribal implications and 
imposes substantial direct compliance costs on Indian tribal 
governments. DOE has determined that the proposed rule would not have 
such effects and concluded that Executive Order 13175 does not apply to 
this proposed rule.

E. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires that an agency prepare an initial regulatory flexibility 
analysis for any regulation which a general notice of proposed 
rulemaking is required, unless the agency certifies that the rule, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities (5 U.S.C. 605(b)).
    Today's proposed regulation would establish DOE's requirements for 
worker safety and health at DOE sites. The contractors who manage and 
operate DOE facilities would be principally responsible for 
implementing the rule requirements. DOE considered whether these 
contractors are ``small businesses,'' as that term is defined in the 
Regulatory Flexibility Act's (5 U.S.C. 601(3)). The Regulatory 
Flexibility Act's definition incorporates the definition of small 
business concerns in the Small Business Act, which the Small Business 
Administration (SBA) has developed through size standards in 13 CFR 
part 121. The DOE contractors subject to the proposed rule exceed the 
SBA's size standards for small businesses. In addition, DOE expects 
that any potential economic impact of this proposed rule on small 
businesses would be minimal because DOE sites perform work under 
contracts to DOE or the prime contractor at the site. DOE contractors 
are reimbursed through their contracts with DOE for the costs of 
complying with DOE safety and health program requirements. They would 
not, therefore, be adversely impacted by the requirements in this 
proposed rule. For these reasons, DOE certifies that today's proposed 
rule, if promulgated, would not have a significant economic impact on a 
substantial number of small entities, and therefore, no regulatory 
flexibility analysis has been prepared. See 68 FR 7990 at III.1. and 
III.1.c. (February 19, 2003).

F. Review Under the Paperwork Reduction Act

    The information collection provisions of this proposed rule are not 
substantially different from those contained in DOE contracts with DOE 
prime contractors covered by this rule and were previously approved by 
the Office of Management and Budget (OMB) and assigned OMB Control No. 
1910-5103. That approval covered submission of a description of an 
integrated safety management system required by the Integration of 
Environment, Health and Safety into Work Planning and Execution clause 
set forth in the DOE procurement regulations. 48 CFR 952.223-71 and 
970.5223-1, 62 FR 34842, 34859-60 (June 17, 1997). If contractors at a 
DOE site fulfill their contractual responsibilities for integrated 
safety management properly, the worker safety and health program 
required by the proposed regulations should require little if any new 
analysis or new documents to the extent that existing analysis and 
documents are sufficient for purposes of the proposed regulations. 
Accordingly, no additional Office of Management and Budget clearance is 
required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.) and the procedures implementing that Act, 5 CFR 1320.1 et seq.

G. Review Under the National Environmental Policy Act

    DOE currently implements its broad authority to regulate worker 
safety and health through internal DOE directives incorporated into 
contracts to manage and operate DOE facilities, contract clauses and 
DOE regulations. This proposed rule would implement the statutory 
mandate to promulgate worker safety and health regulations for DOE 
facilities that would provide a level of protection for workers at DOE 
facilities that is substantially equivalent to the level of protection 
currently provided to such workers and to provide procedures to ensure 
compliance with the rule. DOE anticipates that the contractor's work 
and safety programs required by this regulation would be based on 
existing programs and that this rule would generally not require the 
development of a new program. DOE has therefore concluded that 
promulgation of these regulations would fall into the class of actions 
that would not individually or cumulatively have a significant impact 
on the human environment as set forth in the DOE regulations 
implementing the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). Specifically, the rule would be covered under the 
categorical exclusion in paragraph A6 of Appendix A to subpart D, 10 
CFR part 1021, which applies to the establishment of procedural 
rulemakings. Accordingly, neither an environmental assessment nor an 
environmental impact statement is required.

H. Review Under the Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written assessment of the 
effects of any Federal mandate in a proposed or final agency regulation 
that may result in the expenditure by states, tribal, or local 
governments, on the aggregate, or by the private sector, of $100 
million in

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any one year. The Act also requires a Federal agency to develop an 
effective process to permit timely input by elected officials of state, 
tribal, or local governments on a proposed significant 
intergovernmental mandate, and requires an agency plan for giving 
notice and opportunity to provide timely input to potentially affected 
small governments before establishing any requirements that might 
significantly or uniquely affect small governments. DOE has determined 
that the proposed rule published today does not contain any Federal 
mandates affecting small governments, so these requirements do not 
apply.

I. Review Under Executive Order 13211

    Executive Order 13211 (Actions Concerning Regulations That 
Significantly Affect Energy, Supply, Distribution, or Use), 66 FR 28355 
(May 22, 2001) requires preparation and submission to OMB of a 
Statement of Energy Effects for significant regulatory actions under 
Executive Order 12866 that are likely to have a significant adverse 
effect on the supply, distribution, or use of energy. DOE has 
determined that the proposed rule published today would not have a 
significant adverse effect on the supply, distribution, or use of 
energy and thus the requirement to prepare a Statement of Energy 
Effects does not apply.

J. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a 
``Family Policymaking Assessment'' for any proposed rule that may 
affect family well-being. The proposed rule has no impact on the 
autonomy or integrity of the family as an institution. Accordingly, DOE 
has concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

K. Review Under the Treasury and General Government Appropriations Act, 
2001

    The Treasury and General Government Appropriations Act, 2001 (44 
U.S.C. 3516, note) provides for agencies to review most dissemination 
of information to the public under guidelines established by each 
agency pursuant to general guidelines issued by OMB. OMB's guidelines 
were published at 67 FR 8452 (Feb. 22, 2002), and DOE's guidelines were 
published at 67 FR 62446 (Oct. 7, 2002). DOE has reviewed today's 
notice of proposed rulemaking under the OMB and DOE guidelines, and has 
concluded that it is consistent with applicable policies in those 
guidelines.

IV. Public Comment Procedures

A. Written Comments

    Interested individuals are invited to participate in this 
proceeding by submitting data, views, or arguments. Three copies of 
written comments should be submitted to the address indicated in the 
ADDRESSES section of this notice. To help DOE review the submitted 
comments, commenters are requested to reference the provision to which 
they refer where possible.
    All information provided by commenters will be available for public 
inspection at the DOE Freedom of Information Reading Room, Room 1E-190, 
1000 Independence Avenue, SW., Washington, DC 20585 between the hours 
of 8:30 a.m. and 4:30 p.m., Monday through Friday, except Federal 
Holidays. The docket file material for this rulemaking will be under 
EH-RM-04-WSHP.
    DOE also intends to enter all written comments on a Web site 
specially established for this proceeding. The Internet Web site is 
https://www.eh.doe.gov/rulemakingwsh.
    To assist DOE in making public comments available on a website, 
interested persons are to submit an electronic version of their written 
comments in accordance with the instructions in the DATES section of 
this notice of proposed rulemaking.
    If you submit information that you believe to be exempt by law from 
public disclosure, you should submit one complete copy, as well as two 
copies from which the information claimed to be exempt by law from 
public disclosure has been deleted. DOE is responsible for the final 
determination with regard to disclosure or nondisclosure of the 
information and for treating it accordingly under the Freedom of 
Information Act section on ``Handling Information of a Private 
Business, Foreign Government, or an International Organization,'' 10 
CFR 1004.11.

B. Public Hearings

    Public hearings will be held at the time, date, and place indicated 
in the DATES and ADDRESSES sections of this notice of proposed 
rulemaking. Any person who is interested in making an oral presentation 
should, by 4:30 p.m. on the date specified, make a phone request to the 
number in the DATES section of this notice of proposed rulemaking. The 
person should provide a daytime phone number where he or she may be 
reached. Persons requesting an opportunity to speak will be notified as 
to the approximate time they will be speaking. Each presentation is 
limited to 10 minutes. Persons making oral presentations should bring 
three copies of their statement to the hearing and submit them at the 
registration desk.
    DOE reserves the right to select the persons who will speak. In the 
event that requests exceed the time allowed, DOE also reserves the 
right to schedule speakers' presentations and to establish the 
procedures for conducting the hearing. A DOE official will be 
designated to preside at each hearing, which will not be judicial or 
evidentiary. Only those persons conducting the hearing may ask 
questions. Any further procedural rules needed to conduct the hearing 
properly will be announced by the DOE presiding official.
    A transcript of each hearing will be made available to the public. 
DOE will retain the record of the full hearing, including the 
transcript, and make it available on the Web site specially established 
for this proceeding. The Internet Web site is https://www.eh.doe.gov/
rulemakingwsh. If DOE must cancel the hearing, it will make every 
effort to give advance notice.

List of Subjects in 10 CFR Part 851

    Civil penalty, Hazardous substances, Incorporation by reference, 
Occupational safety and health, Safety, Reporting and recordkeeping 
requirements.

    Issued in Washington, DC on January 14, 2005.
John Spitaleri Shaw,
Assistant Secretary for Environment, Safety and Health.

    For the reasons set forth in the preamble, title 10, chapter III of 
the Code of Federal Regulations is proposed to be amended by adding 
part 851 to read as set forth below.

PART 851--WORKER SAFETY AND HEALTH PROGRAM

Subpart A--General Provisions

Sec.
851.1 Scope and exclusions.
851.2 Purpose.
851.3 Definitions.
851.4 General rule.
851.5 Compliance Order.
851.6 Interpretations.
851.7 Information and records.
851.8 Compliance date.
851.9 Enforcement.
851.10 Workers rights.
Subpart B--Worker Safety and Health Program
851.100 Worker safety and health program.

[[Page 3817]]

851.101 Approval and maintenance of the worker safety and health 
program.
Subpart C--Safety and Health Requirements
851.200 Worker safety and health requirements.
851.201 Worker safety and health standards.
851.202 Construction safety.
851.203 Fire protection.
851.204 Explosives safety.
851.205 Pressure retaining component safety.
851.206 Motor vehicle safety.
851.207 Biological safety.
851.208 Firearms safety.
851.209 Industrial hygiene.
851.210 Occupational medicine.
Subpart D--Exemption Relief
851.300 Exemptions.
851.301 Exemption criteria.
851.302 Terms and conditions.
Subpart E--Enforcement Process
851.400 Investigations and inspections.
851.401 Settlement.
851.402 Preliminary notice of violation.
851.403 Final notice of violation.
851.404 Administrative appeal.
851.405 Direction to NNSA contractors.

Appendix A To Part 851--General Statement of Enforcement Policy

    Authority: 42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42 U.S.C. 
5801 et seq.; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.

Subpart A--General Provisions


Sec.  851.1  Scope and exclusions.

    (a) The worker safety and health requirements in this part govern 
the conduct of contractor activities at DOE sites, with the exception 
of sites listed in paragraph (b) of this section.
    (b) This part does not apply to a DOE site:
    (1) Regulated by the Occupational Safety and Health Administration 
(OSHA) on [date on which final rule is issued]; or
    (2) Operated under the authority of the Director, Naval Nuclear 
Propulsion, pursuant to Executive Order 12344, as set forth in Public 
Law 98-525, 42 U.S.C. 7158 note.
    (c) This part does not apply to radiological hazards to the extent 
regulated by 10 CFR parts 820, 830 or 835.


Sec.  851.2  Purpose.

    This part establishes the:
    (a) Safety and health requirements that a contractor responsible 
for a covered workplace must implement through a worker safety and 
health program that provides its workers with a safe and healthful 
workplace in which workplace hazards are abated, controlled or 
otherwise mitigated in a manner that provides reasonable assurance that 
workers are adequately protected from identified hazards; and
    (b) Procedures for investigating whether a violation of a 
requirement has occurred, for determining the nature and extent of any 
such violation, and for imposing an appropriate remedy.


Sec.  851.3  Definitions.

    Activity-level hazard analysis means an analysis of work-related 
hazards relating to a specific job activity, task, operation or 
process.
    AEA means the Atomic Energy Act of 1954, 42 U.S.C. 2011 et seq.
    Cognizant Secretarial Officer means the Assistant Secretary, Deputy 
Administrator, Program Office Director, or equivalent DOE official who 
has primary line management responsibility for a contractor.
    Compliance Order means an Order issued by the Secretary to a 
contractor that mandates a remedy, work stoppage, or other action to 
address a situation that violates, potentially violates, or otherwise 
is inconsistent with a requirement of this part.
    Consent order means any written document, signed by the Director 
and a contractor, containing stipulations or conclusions of fact or law 
and a remedy acceptable to both DOE and the contractor.
    Contractor means any entity under contract with DOE, or a 
subcontractor to such an entity, and includes any affiliated entity 
such as a parent organization.
    Director means a DOE Official to whom the Secretary has assigned 
the authority to investigate the nature and extent of compliance with 
the requirements of this part.
    DOE means the United States Department of Energy, including the 
National Nuclear Security Administration.
    DOE site means a DOE-owned or leased area or location where 
activities and operations are performed at one or more facilities or 
locations by a contractor.
    Final notice of violation means a document that determines a 
contractor has violated or is continuing to violate a requirement of 
this part and includes:
    (1) A statement specifying the requirement of this part to which 
the violation relates;
    (2) A concise statement of the basis for the determination;
    (3) Any remedy, including the amount of any civil penalty; and
    (4) A statement explaining the reasoning behind any remedy.
    Final Order means an order of DOE that represents final agency 
action and, if appropriate, imposes a remedy with which the recipient 
of the order must comply.
    General Counsel means the General Counsel of DOE.
    Hazard control means a procedure, practice, means, method, 
operation, work process, or other control used to prevent, abate or 
mitigate workplace hazards and associated risks.
    Interpretation means a statement by the General Counsel concerning 
the meaning or effect of a requirement of this part which relates to a 
specific factual situation but may also be a ruling of general 
applicability if the General Counsel determines such action to be 
appropriate.
    NNSA means the National Nuclear Security Administration.
    Preliminary notice of violation means a document that sets forth 
the preliminary conclusions that a contractor has violated or is 
continuing to violate a requirement of this part and includes:
    (1) A statement specifying the requirement of this part to which 
the violation relates;
    (2) A concise statement of the basis for alleging the violation;
    (3) Any remedy, including the amount of any proposed civil penalty; 
and
    (4) A statement explaining the reasoning behind any proposed 
remedy.
    Remedy means any action (including but not limited to, the 
assessment of civil penalties, the reduction of fees or other payments 
under a contract, the requirement of specific actions, or the 
modification, suspension or recission of a contract) necessary or 
appropriate to rectify, prevent, or penalize a violation of a 
requirement of this part, including a compliance order issued by the 
Secretary pursuant to this part.
    Secretary means the Secretary of Energy.
    Site Manager means the DOE official who has primary responsibility 
for overall management of a DOE site.
    Worker means a person who performs work for or on behalf of DOE, 
including an independent contractor, a DOE contractor or subcontractor 
employee, or any other person who performs work at a covered workplace.
    Workplace hazard means a physical, chemical, biological, or 
radiological hazard with any potential to cause illness, injury, or 
death to a person.
    Workplace safety and health programmatic requirements means a set 
of requirements that addresses related workplace hazards in a 
comprehensive manner, including requirements on construction safety, 
fire protection, firearms safety, explosives safety, industrial 
hygiene, occupational

[[Page 3818]]

medicine, pressure safety motor vehicle safety, and biosurety.
    Workplace safety and health requirement means a workplace safety 
and health standard or programmatic requirement.
    Workplace safety and health standard means a standard which 
addresses a workplace hazard by establishing limits, requiring 
conditions, or prescribing the adoption or use of one or more 
practices, means, methods, operations, or processes.


Sec.  851.4  General rule.

    The contractor responsible for a covered workplace must:
    (a) Ensure the workplace is free from recognized workplace hazards 
that are causing or are likely to cause death or serious bodily harm;
    (b) Provide workers adequate protection from the hazards identified 
for the workplace;
    (c) Comply with the workplace safety and health requirements set 
forth in subpart C of this part that are applicable to the hazards 
identified for the workplace;
    (d) Comply with any compliance order issued by the Secretary 
pursuant to Sec.  851.5 that is applicable to the workplace;
    (e) Ensure work is performed in accordance with the worker health 
and safety program for the covered workplace; and
    (f) Report to DOE and investigate each occurrence, including any 
near miss incident that causes or gives raise to a significant 
likelihood of death or serious bodily harm to a worker.


Sec.  851.5  Compliance Order.

    (a) The Secretary may issue to any contractor a Compliance Order 
that:
    (1) Identifies a situation that violates, potentially violates, or 
otherwise is inconsistent with a requirement of this part;
    (2) Mandates a remedy, work stoppage, or other action; and,
    (3) States the reasons for the remedy, work stoppage, or other 
action.
    (b) A Compliance Order is a final order that is effective 
immediately unless the Order specifies a different effective date.
    (c) Within 15 calendar days of the issuance of a Compliance Order, 
the recipient of the Order may request the Secretary to rescind or 
modify the Order. A request does not stay the effectiveness of a 
Compliance Order unless the Secretary issues an order to that effect.


Sec.  851.6  Interpretations.

    (a) The Office of the General Counsel is responsible for 
formulating and issuing any interpretation concerning a requirement in 
this part.
    (b) Any written or oral response to any written or oral question 
which is not provided pursuant to paragraph (a) of this section does 
not constitute an interpretation and does not provide any basis for 
action inconsistent with a requirement of this part.


Sec.  851.7  Information and records.

    (a) A contractor must maintain complete and accurate records as 
necessary to substantiate compliance with the requirements of this 
part, including but not limited to records on inventory information, 
hazard assessment, exposure measurements, exposure controls, and worker 
injuries and illnesses.
    (b) A contractor may neither conceal nor destroy any information 
concerning non-compliance or potential non-compliance with the 
requirements of this part.
    (c) Any information pertaining to a requirement in this part 
provided to DOE by any contractor or maintained by any contractor for 
inspection by DOE shall be complete and accurate in all material 
respects.
    (d) Nothing in this part shall relieve any contractor from 
safeguarding classified, confidential, and controlled information, 
including Restricted Data or national security information, in 
accordance with the applicable provisions of federal statutes and the 
rules, regulations, and orders of any federal agency.


Sec.  851.8  Compliance date.

    Contractors must achieve compliance with the requirements of this 
part no later than [Insert date 1 year from effective date of the 
rule], unless an exemption granted pursuant to subpart D of this part 
provides otherwise.


Sec.  851.9  Enforcement.

    (a) A contractor that has entered into an agreement of 
indemnification under section 170d. of the AEA(or any subcontractor or 
supplier thereto) and that violates (or whose employee violates) any 
requirement of this part is subject to a civil penalty of up to $70,000 
for each such violation. If any violation under this subsection is a 
continuing violation, each day of the violation shall constitute a 
separate violation for the purpose of computing the civil penalty.
    (b) A contractor that violates any requirement of this part is 
subject to a reduction in fees or other payments under a contract with 
DOE, pursuant to the contract's Conditional Payment of Fee clause.
    (c) DOE may not penalize a contractor under both paragraphs (a) and 
(b) of this section for the same violation of a requirement of this 
part.
    (d) For contractors listed in subsection d. of section 234A of the 
AEA, 42 U.S.C. 2282a(d), the total amount of civil penalties under 
paragraph (a) and contract penalties under paragraph (b) of this 
section may not exceed the total amount of fees paid by DOE to the 
contractor in that fiscal year.
    (e) DOE may not penalize a contractor under both sections 234A and 
234C of the AEA for the same violation.


Sec.  851.10  Workers rights.

    (a) Workers at a covered workplace have the right, without 
reprisal, to participate in activities described in this section on 
official time;
    (b) Workers at a covered workplace also have the right, without 
reprisal to:
    (1) Have access to:
    (i) DOE safety and health publications;
    (ii) The worker safety and health program for the covered 
workplace;
    (iii) The standards, controls, and procedures applicable to the 
covered workplace;
    (iv) The safety and health poster that informs the worker of 
relevant rights and responsibilities.
    (2) Be notified when monitoring results indicate the worker was 
overexposed to hazardous materials;
    (3) Observe monitoring or measuring of hazardous agents and have 
the results of his or her own exposure monitoring;
    (4) Accompany DOE personnel during an inspection of the workplace;
    (5) Request and receive results of inspections and accident 
investigations;
    (6) Express concerns related to worker safety and health;
    (7) Decline to perform an assigned task because of a reasonable 
belief that, under the circumstances, the task poses an imminent risk 
of death or serious bodily harm to the worker coupled with a reasonable 
belief that there is insufficient time to seek effective redress 
through the normal hazard reporting and abatement procedures; and
    (8) Stop work when the worker discovers employee exposures to 
imminently dangerous conditions or other serious hazards; provided that 
any stop work authority must be exercised in a justifiable and 
responsible manner in accordance with established procedures.

[[Page 3819]]

Subpart B--Worker Safety and Health Program


Sec.  851.100  Worker safety and health program.

    (a) A contractor responsible for one or more workplaces at a DOE 
site must establish and maintain a worker safety and health program 
that ensures:
    (1) Workplaces are free from recognized workplace hazards that are 
causing or are likely to cause death or serious bodily harm; and
    (2) Workers are adequately protected from identified hazards.
    (b) A worker safety and health program must:
    (1) Include provisions for:
    (i) Defining the scope of the work to be performed prior to its 
initiation;
    (ii) Identifying relevant features of the work environment, 
including designs and features of facilities, equipment, operations and 
procedures important to a safe and healthful workplace prior to the 
initiation of work activities;
    (iii) Identifying and evaluating general workplace hazards, 
specific job hazards, and potential hazards that may arise from 
unforeseeable conditions;
    (iv) Undertaking routine activity-level hazard analyses to:
    (A) Evaluate designs of new facilities and modifications to 
existing facilities and equipment for potential workplace hazards; and
    (B) Evaluate operations and procedures to identify workplace 
hazards;
    (v) Considering all hazards, including radiological hazards, in 
order to ensure development of an integrated set of hazard controls to 
protect workers;
    (vi) Assessing the risk of associated injury and illness to workers 
from the identified hazards;
    (vii) Assessing worker exposure to chemical, physical, biological, 
radiological, or safety workplace hazards through appropriate workplace 
monitoring;
    (viii) Documenting assessments for chemical, physical, biological, 
and safety workplace hazards using recognized exposure assessment and 
testing methodologies and use of accredited and certified laboratories;
    (ix) Recording observations, testing and monitoring results; and
    (x) Reviewing safety and health information.
    (2) Provide for the prevention, abatement and mitigation of 
identified workplace hazards through:
    (i) Prioritization and implementation of actions according to the 
potential hazard to workers;
    (ii) Implementation of interim protective measures pending final 
action;
    (iii) Protection of workers from imminently dangerous conditions;
    (iv) Selection of hazard controls based on the following hierarchy:
    (A) Elimination of the hazard;
    (B) Engineered controls;
    (C) Work practices and administrative controls; and
    (D) Personal protective equipment; and
    (v) Emphasis on reducing hazards to workers when purchasing 
equipment and services.
    (3) Provide for the effective implementation of the worker safety 
and health requirements of subpart C of this part in a manner tailored 
to:
    (i) Reflect activities and hazards associated with a particular 
work environment;
    (ii) Take into account special circumstances at a covered workplace 
that is, or is expected to be, permanently closed and that is expected 
to be demolished, or title to which is expected to be transferred to 
another entity for reuse on behalf of an entity other than DOE; and
    (iii) Achieve national security missions of the Department of 
Energy in an efficient and timely manner.
    (4) Identify the hazard controls to be used to provide adequate 
protection from identified hazards at the activity level in a tailored 
manner for a particular work environment or the process for selecting 
and identifying such controls in the future prior to the initiation of 
work activities;
    (5) Identify situations for which the contractor has concluded an 
exemption pursuant to subpart D is needed and the process for 
identifying other such situations in the future;
    (6) Provide for feedback on the worker safety and health program 
and for its continuous improvement;
    (7) Ensure that all workers are provided with information and 
training needed to perform their duties in a safe and healthful manner;
    (8) Ensure the worker safety and health program is consistent and 
integrated with other safety activities at the workplace;
    (9) Contain provisions to ensure compliance by subcontractors; and
    (10) Document the process of developing and maintaining the worker 
safety and health program at a level commensurate with the complexity 
and hazards associated with the workplace.


Sec.  851.101  Approval and maintenance of the worker safety and health 
program.

    (a) By July 25, 2005, contractors must submit for DOE approval a 
written worker safety and health program that meets the requirements of 
Sec.  851.100.
    (1) If a contractor is responsible for more than one covered 
workplace at a DOE site, the contractor must establish and maintain a 
single worker safety and health program for the workplaces at the site 
for which the contractor is responsible.
    (2) If more than one contractor is responsible for covered 
workplaces at a DOE site, each contractor must:
    (i) Establish and maintain a worker safety and health program for 
the workplaces for which the contractor is responsible; and
    (ii) Coordinate with the other contractors responsible for covered 
workplaces at the site to ensure that the worker safety and health 
programs at the site are integrated and consistent.
    (b) The Cognizant Secretarial Officer or, if approval authority is 
delegated by the Cognizant Secretarial Officer, the Site Manager must 
review and approve the contractor's worker safety and health program, 
in consultation with the Assistant Secretary for Environment, Safety 
and Health, within 90 days after receipt from the contractor. Beginning 
January 26, 2006, no work may be performed at a covered workplace 
unless the Cognizant Secretarial Officer or the Site Manager has 
approved the worker safety and health program for the workplace.
    (c) A contractor must maintain its worker safety and health program 
by:
    (1) Evaluating and updating the worker safety and health program at 
least annually to reflect when significant changes or additions in the 
activities and hazards are made, or a change in contractors occurs;
    (2) Annually submitting to the Cognizant Secretarial Officer or, if 
approval authority is delegated by the Cognizant Secretarial Officer, 
the DOE Site Manager either an updated worker safety and health program 
for approval or a letter stating that no changes are necessary in the 
currently approved worker safety and health program;
    (3) Performing an internal audit of its worker safety and health 
program no less frequently than every 36 months and transmitting the 
results of the audit to the DOE Site Manager, the Cognizant Secretarial 
Officer, the Assistant Secretary for Environment, Safety and Health, 
and the Director; and
    (4) Incorporating in the worker safety and health program any 
changes, conditions, or workplace safety and health standards directed 
by DOE.

[[Page 3820]]

Subpart C--Safety and Health Requirements


Sec.  851.200  Worker safety and health requirements.

    (a) A contractor responsible for a covered workplace must comply 
with the worker safety and health requirements set forth in this 
subpart as applicable to the workplace hazards identified for 
facilities and activities under its control.
    (b) Nothing in this subpart shall be construed to limit the 
authority of DOE to impose additional requirements on a contractor.


Sec.  851.201  Worker safety and health standards.

    (a) The following regulations of the Occupational Safety and Health 
Administration (OSHA) in effect as of [Insert Effective Date of Final 
Rule]:
    (1) 29 CFR part 1910, Occupational Safety and Health Standards, 
except 29 CFR part 1910.109;
    (2) 29 CFR part 1915, Occupational Safety and Health Standards for 
Shipyard Employment;
    (3) 29 CFR part 1917, Marine Terminals;
    (4) 29 CFR part 1918, Safety and Health Regulations for 
Longshoring;
    (5) 29 CFR part 1926, Safety and Health Regulations for 
Construction; and
    (6) 29 CFR part 1928, Occupational Safety and Health Standards for 
Agriculture.
    (b) The National Fire Protection Association (NFPA) codes and 
standards listed in Table 1 below.

   Table 1.--National Fire Protection Association Codes and Standards
------------------------------------------------------------------------
              NFPA No.                        Title            Edition
------------------------------------------------------------------------
1..................................  Uniform Fire Code.....         2003
10.................................  Standard for Portable          2002
                                      Fire Extinguishers.
11A................................  Standard for Medium-           1999
                                      and High-Expansion
                                      Foam Systems.
11.................................  Standard for Low-,             2002
                                      Medium-, and High-
                                      Expansion Foam.
12.................................  Standard on Carbon             2000
                                      Dioxide Extinguishing
                                      Systems.
12A................................  Standard on Halon 1301         1997
                                      Fire Extinguishing
                                      Systems.
13.................................  Standard for the               2002
                                      Installation of
                                      Sprinkler Systems.
14.................................  Standard for the               2003
                                      Installation of
                                      Standpipe and Hose
                                      Systems.
15.................................  Standard for Water             2001
                                      Spray Fixed Systems
                                      for Fire Protection.
16.................................  Standard for the               2003
                                      Installation of Foam-
                                      Water Sprinkler Foam-
                                      Water Spray Systems.
17A................................  Standard for Wet               2002
                                      Chemical
                                      Extinguishing Systems.
17.................................  Standard for Dry               2002
                                      Chemical
                                      Extinguishing Systems.
20.................................  Standard for the               2003
                                      Installation of
                                      Stationary Pumps for
                                      Fire Protection.
22.................................  Standard for Water             2003
                                      Tanks for Private
                                      Fire Protection.
24.................................  Standard for the               2002
                                      Installation of
                                      Private Fire Service
                                      Mains and Their
                                      Appurtenances.
25.................................  Standard for                   2002
                                      Inspection, Testing,
                                      and Maintenance of
                                      Water-Based Fire
                                      Protection Systems.
30A................................  Codes for Motor Fuel           2003
                                      Dispensing Facilities
                                      and Repair Garages.
30.................................  Flammable and                  2003
                                      Combustible Liquids
                                      Code.
31.................................  Standard for the               2001
                                      Installation of Oil-
                                      Burning Equipment.
33.................................  Standard for Spray             2003
                                      Application Using
                                      Flammable or
                                      Combustible Materials.
37.................................  Standard for the               2002
                                      Installation and Use
                                      of Stationary
                                      Combustion Engines
                                      and Gas.
45.................................  Standard on Fire               2000
                                      Protection for
                                      Laboratories Using
                                      Chemicals.
50A................................  Standard for Gaseous           1999
                                      Hydrogen Systems at
                                      Consumer sites.
50B................................  Standard for Liquefied         1999
                                      Hydrogen Systems at
                                      Consumer Sites.
50.................................  Standard for Bulk              2001
                                      Oxygen Systems at
                                      Consumer Sites.
51.................................  Standard for the               2002
                                      Design and
                                      Installation of
                                      Oxygen Fuel Gas
                                      Systems for Welding,
                                      Cutting, and Allied
                                      Processes.
51B................................  Standard for Fire              2003
                                      Prevention During
                                      Welding, Cutting, and
                                      Other Hot Work.
52.................................  Compressed Natural Gas         2002
                                      (CNG) Vehicu