Roll-Over Protective Structures, 76979-77025 [05-24462]
Download as PDF
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
List of Subjects
14 CFR Part 121
Air carriers, Aircraft, Aviation safety,
Reporting and recordkeeping
requirements, Safety, Transportation.
§ 121.705 Mechanical interruption
summary report.
14 CFR Part 125
Each certificate holder shall submit to
the Administrator, before the end of the
10th day of the following month, a
summary report for the previous month
of:
*
*
*
*
*
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
14 CFR Part 135
Air taxis, Aircraft, Aviation safety,
Reporting and recordkeeping
requirements.
14 CFR Part 145
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
withdraws the final rule published at 65
FR 56192 on September 15, 2000 and
delayed at 66 FR 21626, April 30, 2001;
66 FR 58912, November 23, 2001; 67 FR
78970, December 27, 2002; and 68 FR
75116, December 30, 2003. The FAA
also amends Chapter I of Title 14, Code
of Federal Regulations as follows:
I
PART 121—OPERATING
REQUIREMENTS: DOMESTIC, FLAG,
AND SUPPLEMENTAL OPERATIONS
1. The authority citation for part 121
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 40119,
41706, 44101, 44701–44702, 44705, 44709–
44711, 44713, 44716–44717, 44722, 44901,
44903–44904, 44912, 45101–45105, 46105,
46301.
§ 121.703
Service difficulty reports.
2. Amend § 121.703 to revise the
heading as set forth above and to revise
paragraphs (d) and (e) introductory text
to read as follows:
*
*
*
*
*
(d) Each certificate holder shall
submit each report required by this
section, covering each 24-hour period
beginning at 0900 local time of each day
and ending at 0900 local time on the
next day, to the FAA offices in
Oklahoma City, Oklahoma. Each report
of occurrences during a 24-hour period
shall be submitted to the collection
point within the next 96 hours.
However, a report due on Saturday or
Sunday may be submitted on the
following Monday, and a report due on
a holiday may be submitted on the next
work day.
(e) The certificate holder shall submit
the reports required by this section on
a form or in another format acceptable
sroberts on PROD1PC70 with RULES
I
VerDate Aug<31>2005
19:06 Dec 28, 2005
to the Administrator. The reports shall
include the following information:
*
*
*
*
*
I 3. Amend § 121.705 to revise the
introductory text to read as follows:
Jkt 208001
PART 125—CERTIFICATION AND
OPERATIONS: AIRPLANES HAVING A
SEATING CAPACITY OF 20 OR MORE
PASSENGERS OR A MAXIMUM
PAYLOAD CAPACITY OF 6,000
POUNDS OR MORE; AND RULES
GOVERNING PERSONS ON BOARD
SUCH AIRCRAFT
4. The authority citation for part 125
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44705, 44710–44711, 44713, 44716–
44717, 44722.
§ 125.409
Service difficulty reports.
5. Amend § 125.409 to revise the
heading as set forth above and to revise
paragraph (b) to read as follows:
*
*
*
*
*
(b) Each certificate holder shall
submit each report required by this
section, covering each 24-hour period
beginning at 0900 local time of each day
and ending at 0900 local time on the
next day, to the FAA office in Oklahoma
City, Oklahoma. Each report of
occurrences during a 24-hour period
shall be submitted to the collection
point within the next 96 hours.
However, a report due on Saturday or
Sunday may be submitted on the
following Monday, and a report due on
a holiday may be submitted on the next
work day.
I
PART 135—OPERATING
REQUIREMENTS: COMMUTER AND
ON-DEMAND OPERATIONS AND
RULES GOVERNING PERSONS ON
BOARD SUCH AIRCRAFT
6. The authority citation for part 135
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 41706, 44113,
44701–44702, 44705, 44709, 44711–44713,
44715–44717, 44722.
§ 135.415
Service difficulty reports.
7. Amend § 135.415 to revise the
heading as set forth above and to revise
paragraph (d) to read as follows:
*
*
*
*
*
I
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
76979
(d) Each certificate holder shall
submit each report required by this
section, covering each 24-hour period
beginning at 0900 local time of each day
and ending at 0900 local time on the
next day, to the FAA offices in
Oklahoma City, Oklahoma. Each report
of occurrences during a 24-hour period
shall be submitted to the collection
point within the next 96 hours.
However, a report due on Saturday or
Sunday may be submitted on the
following Monday, and a report due on
a holiday may be submitted on the next
workday.
*
*
*
*
*
PART 145—REPAIR STATIONS
8. The authority citation for part 145
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44707, 44709, 44717.
§ 145.221
Service difficulty reports.
9. Amend § 145.221 to revise the
heading as set forth above and to revise
paragraph (d) introductory text to read
as follows:
*
*
*
*
*
(d) A certificated repair station may
submit a service difficulty report for the
following:
*
*
*
*
*
I
Issued in Washington, DC, on December
22, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05–24536 Filed 12–28–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1926 and 1928
[Docket No. S–270–A]
RIN 1218–AC15
Roll-Over Protective Structures
Occupational Safety and Health
Administration (OSHA), DOL.
ACTION: Direct final rule.
AGENCY:
SUMMARY: In 1996, OSHA published a
technical amendment revising the
construction and agriculture standards
that regulate testing of roll-over
protective structures (‘‘ROPS’’) used to
protect employees who operate wheeltype tractors. This revision removed the
original ROPS standards and replaced
them with references to national
consensus standards for ROPS-testing
E:\FR\FM\29DER1.SGM
29DER1
sroberts on PROD1PC70 with RULES
76980
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
requirements. The Agency believed that
the national consensus standards
essentially duplicated the ROPS
standards they replaced, and that any
differences between them were not
substantive. Subsequently, OSHA
identified several substantive
differences between the national
consensus standards and the original
ROPS standards. Therefore, the Agency
is reinstating the original ROPS
standards by issuing this direct final
rule. The reinstated ROPS standards for
both construction and agriculture also
contain a number of minor revisions
that OSHA believes are not substantive
and will improve comprehension of,
and compliance with, the standards.
DATES: This direct final rule will
become effective on February 27, 2006
unless significant adverse comment is
received by January 30, 2006. If OSHA
receives significant adverse comment, it
will publish a timely withdrawal of this
rule. Submit comments to this direct
final rule by the following dates:
Hard copy: Submit (i.e., postmarked
or sent) comments by regular mail,
express delivery, hand delivery, and
courier service by January 30, 2006.
Electronic transmission and facsimile:
Submit comments by January 30, 2006.
The incorporation by reference of
specific publications listed in this direct
final rule is approved by the Director of
the Federal Register as of February 27,
2006.
ADDRESSES: Submit written comments
to this direct final rule—identified by
docket number S–270–A or RIN number
1218–AC15—by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• OSHA’s Web site: https://
dockets.osha.gov/. Follow the
instructions for submitting comments.
• Facsimile: When written comments
are 10 pages or fewer, fax them to the
OSHA Docket Office at (202) 693–1648.
• Regular mail, express delivery,
hand delivery, and courier service:
Submit three copies to the OSHA
Docket Office, Docket No. S–270–A,
U.S. Department of Labor, 200
Constitution Avenue, NW., Room N–
2625, Washington, DC 20210; telephone:
(202) 693–2350. (OSHA’s TTY number
is (877) 889–5627.) Please note that
security-related problems may result in
significant delays in receiving
comments and other written materials
by regular mail. Telephone the OSHA
Docket Office at (202) 693–2350 for
information regarding security
procedures concerning delivery of
materials by express delivery, hand
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
delivery, and messenger service. The
hours of operation for the Docket Office
are 8:15 a.m. to 4:45 p.m., EST.
Additional materials: When a
commenter would like to submit
additional materials (e.g., studies,
journal articles) to supplement
comments that were submitted
electronically or by facsimile, these
materials must be sent, in triplicate hard
copy, to the OSHA Docket Office,
Technical Data Center, Room N–2625,
OSHA, U.S. Department of Labor, 200
Constitution Ave., NW., Washington,
DC 20210. These materials must clearly
identify the sender’s name, date,
subject, and docket number (S–270–A)
or RIN number (1218–AC15) to enable
the Agency to attach them to the
appropriate comments.
Personal information: OSHA will
make available to the public, without
revision, all comments and other
materials submitted to the docket,
including any personal information.
Therefore, the Agency cautions
commenters about submitting
statements they do not want made
available to the public, or submitting
comments that contain personal
information (either about themselves or
others) such as social security numbers,
birth dates, and medical data.
FOR FURTHER INFORMATION CONTACT: For
general information and press inquiries,
contact Mr. Kevin Ropp, Director, Office
of Communications, OSHA, U.S.
Department of Labor, Room N–3637,
200 Constitution Avenue, NW.,
Washington, DC 20210; telephone: (202)
693–1999; fax: (202) 693–1634. For
technical inquiries, contact Mr. Mark
Hagemann, Acting Director, Office of
Safety Systems, OSHA, U.S. Department
of Labor, Room N–3609, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone: (202) 693–2255;
fax: (202) 693–1663. For detailed
instructions on submitting comments
and for additional information on the
rulemaking process, see the ‘‘Public
Participation’’ heading under the
section below titled SUPPLEMENTARY
INFORMATION.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Direct Final Rulemaking
II. Summary and Explanation of the
Rulemaking
A. Basis for the Rulemaking
B. Substantive Differences Between the
Standards
C. Minor Revisions to the Original OSHA
ROPS Standards
III. Procedural Determinations
A. Legal Considerations
B. Economic Analysis and Regulatory
Flexibility Certification
C. Paperwork Reduction Act
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
D. Federalism
E. State-Plan States
F. Unfunded Mandates Reform Act
G. Public Participation
List of Subjects
Authority and Signature
IV. Amended Standards
I. Direct Final Rulemaking
The Agency uses direct final
rulemaking when it expects that a rule
will not be controversial. Examples of
such rules include minor substantive
revisions to regulations, incorporation
by reference of the latest edition of a
technical or industry consensus
standard, and direct incorporations of
mandates from new legislation. In direct
final rulemaking, OSHA publishes a
final rule in the Federal Register with
a statement that, unless it receives a
significant adverse comment by a
specified date, the rule will become
effective on a designated date thereafter.
OSHA believes that the subject of this
rulemaking is suitable for a direct final
rule. The Agency bases this decision on
substantive differences found between
the original OSHA standards on rollover protective structures (‘‘ROPS’’) for
the construction and agriculture
industries and the national consensus
standards issued by the Agency under a
1996 technical amendment to replace
the original standards. By replacing the
original ROPs testing provisions through
a technical amendment, OSHA denied
the regulated community an
opportunity for notice-and-comment on
these substantive differences as required
under the Administrative Procedures
Act (5 U.S.C. 553(b)) and the
Occupational Safety and Health Act of
1970 (29 U.S.C. 655(b)(2) and (b)(3)).
Therefore, the Agency has concluded
that it has a legal obligation to the
regulated community to reinstate the
original OSHA standards through this
direct final rule. (See section II.A below
(‘‘Basis for the Rulemaking’’) for a
detailed discussion of the Agency’s legal
analysis of this issue.)
Having concluded that this
reinstatement action constitutes a
binding legal obligation, the Agency
will consider as significant adverse
comments only those comments that
address: (1) The lawfulness of the
procedures used to promulgate the 1996
technical amendment as these
procedures relate to the ROPs testing
provisions; and (2) whether the minor
revisions made to the original ROPS
standards in this direct final rule (see a
description of these revisions under
section II.C of this preamble) are
reasonable or appropriate.
The Agency often publishes an
identical proposed rule simultaneously
E:\FR\FM\29DER1.SGM
29DER1
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
with a direct final rule. In this instance,
however, OSHA is not publishing a
companion proposed rule. Should
OSHA receive any significant adverse
comments to this direct final rule, it will
withdraw the rule and determine, based
on the comments submitted to the
record, whether to issue a proposed rule
in the future. Accordingly, if OSHA
receives timely significant adverse
comments on the two issues described
in the previous paragraph, it will
publish notice of the significant adverse
comments in the Federal Register and
withdraw this direct final rule no later
than February 27, 2006.
sroberts on PROD1PC70 with RULES
II. Summary and Explanation of the
Rulemaking
A. Basis for the Rulemaking
On March 7, 1996, OSHA published
a technical amendment in the Federal
Register that revised a number of its
standards. Section II.G of the
amendment revised the construction
and agriculture standards that regulate
testing of roll-over protective structures
(‘‘ROPS’’); employers use these
structures to protect employees who
operate wheel-type tractors. (See 61 FR
9228.) ROPS testing determines the
capacity of ROPS components to absorb
energy (i.e., withstand fracturing) during
loadings administered under field and/
or laboratory conditions, and under
different temperature conditions. The
revision removed the original, detailed
ROPS-testing standards and referred
instead to national consensus standards
for substantive ROPS-testing
requirements. The 1996 technical
amendment was part of an OSHA
initiative to ‘‘undertake a line-by-line
review of * * * regulations to
determine where they could be
simplified or clarified’’ (61 FR 9228).
The Administrative Procedures Act
(APA) (5 U.S.C. 553(b)), the
Occupational Safety and Health Act of
1970 (OSH Act) (29 U.S.C. 655(b)(2) and
(b)(3)), and OSHA’s procedural
regulations (29 CFR 1911.5) require that
OSHA provide notice and an
opportunity for comment during
substantive rulemaking. However, in the
preamble to the 1996 technical
amendment, the Agency noted that the
technical amendment did not revise the
original ROPS standards in any material
fashion, and that ‘‘[t]he substantive
requirements are unchanged’’ between
the original ROPS standards and the
consensus standards that replaced them
(61 FR 9229). For this reason, OSHA
determined that the technical
amendment did not require notice and
an opportunity for comment because it
satisfied the ‘‘unnecessary’’ exemption
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
specified by the APA (5 U.S.C. 553(b).1
Relying on the ‘‘unnecessary’’
exemption to notice and comment, the
Agency stated:
OSHA has determined that this rulemaking
is not subject to the procedures for public
notice-and-comment rulemaking specified
under section 4 of the Administrative
Procedure Act (5 U.S.C. 553) or sec. 6(b) of
the Occupational Safety and Health Act of
1970 (29 U.S.C. 655(b)) because this
rulemaking does not affect the substantive
requirements or coverage of the standards
involved. This rulemaking does not modify
or revoke existing rights and obligations, and
new rights and obligations have not been
established. Under this rulemaking, the
Agency is merely correcting or clarifying
existing regulatory requirements. OSHA
therefore finds that public notice-andcomment procedures are unnecessary within
the meaning of 5 U.S.C. 553(b)(3)(B) and 29
CFR 1911.5. (61 FR 9229.)
Several years after issuing the 1996
technical amendment, the Agency was
informed that several of the original
OSHA ROPS provisions differed
substantively from the national
consensus standards for the
construction and agriculture industries
(Ex. 4–7). In response to this
information, the Agency conducted a
thorough evaluation of its original ROPS
standards and the ROPS testing
requirements contained in the national
consensus standards referenced in its
current construction and agriculture
ROPS standards. OSHA has included in
the docket for this rulemaking four sideby-side comparisons of the differences
found between the original OSHA
standards and the referenced national
consensus standards (Exs. 4–1 to 4–4).
Based on the findings of this
evaluation, which are described in
detail in the following section, the
Agency has concluded that differences
do exist between its original
construction and agriculture ROPS
standards and the ROPS standards
implemented under the 1996 technical
amendment, that these differences have
a substantial impact on the regulated
community, and that OSHA incorrectly
applied the APA’s ‘‘unnecessary’’
exemption to the ROPs testing
procedures. This conclusion is
consistent with existing case law. For
example, in Utility Solid Waste
Activities Group v. Environmental
Protection Agency, 236 F.3d 749 (D.C.
Cir. 2001), the court found that an EPA
technical amendment had a significant
impact on the regulated community
and, most importantly, that it did not
meet any of the three exemptions to
1 The three exemptions Specified by this
provision of the APA are: Impracticable,
unnecessary and contrary to the public interest.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
76981
notice-and-comment rulemaking
specified by the APA i.e., 5 U.S.C.
553(b)(B) (Id. at 754)). In vacating the
technical amendment, the court stated,
‘‘The amendment * * * constituted
agency action ‘without observance of
[the] procedure required by law’ and, as
such, it is ‘unlawful and set aside.’ 5
U.S.C. 706(2)(D).’’
The substantive differences found
between the standards and the legal
analysis described in the preceding
paragraphs support the Agency’s
conclusion that reinstating the original
OSHA standards through this direct
final rule is necessary and appropriate.
Specifically, the Agency is revoking the
references to the national consensus
standards for ROPS testing located in
paragraphs 29 CFR 1926.1002(a)(i),
1926.1003(a)(i), and 1928.51(b)(1) and
reinstating in the construction and
agriculture standards the original OSHA
ROPS testing provisions. For both the
reinstated construction and agriculture
ROPS standards, the Agency also has
made a number of minor revisions to its
original ROPS standards. OSHA
believes that these minor revisions will
improve comprehension of, and
compliance with, the reinstated
standards without making substantive
revisions.
The following section highlights the
substantive differences between its
original ROPS testing requirements and
the testing provisions of the consensus
standards referenced in its current
ROPS construction and agriculture
standards. The Agency describes in
section II.C below the minor revisions it
is making to the original OSHA ROPS
standards under this direct final rule.
B. Substantive Differences Between the
Standards
Construction standards. In revising
the ROPS standards for construction in
the 1996 technical amendment, the
Agency deleted paragraphs (c) through
(i) and (k) from 29 CFR 1926.1002,
which addressed testing of protective
frames for wheel-type tractors used in
construction, and replaced them with a
reference to Society of Automotive
Engineers (‘‘SAE’’) consensus standard
J334a–1970 in paragraph (a)(1) of
revised 29 CFR 1926.1002. The Agency
also revised 29 CFR 1926.1003,
specifying testing requirements for
overhead protection used with tractors,
by removing paragraphs (c) through (g)
and substituting a reference to SAE
consensus standard J167–1970 in
paragraph (a)(1) of the revised standard.
While most of the revisions to the
construction ROPS standards made in
the 1996 technical amendment were
nonsubstantive, the Agency identified
E:\FR\FM\29DER1.SGM
29DER1
76982
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
sroberts on PROD1PC70 with RULES
two substantive revisions. The first
revision involved paragraph (c)(1) of
original 29 CFR 1926.1002, which
allowed the regulated community to use
either a laboratory test or a field test for
impact testing, while the SAE standard
requires both tests. Accordingly, this
direct final rule reinstates the impacttesting option provided by paragraph
(c)(1) of original 29 CFR 1926.1002, and
which is not available in the SAE
standard. (See Ex. 4–1.)
The second revision addressed
paragraphs (i)(ii) of original 29 CFR
1926.1002 and (f)(1) of original 29 CFR
1926.1003, in combination with
paragraph (f)(2)(iv) of 29 CFR
1926.1001. These paragraphs permitted
manufacturers to conduct the required
performance tests using either zerodegree Fahrenheit (0 °F) testing or
Charpy V-notch testing, while the SAE
standard specifies that performance
tests must be conducted only at 0 °F.2
Therefore, reinstating the original OSHA
standards will provide an additional
cold-temperature testing option not
available in the SAE standard. (See Exs.
4–1 and 4–2.)
Agriculture standards. In revising the
ROPS standards for the agriculture
industry, the Agency deleted entirely
original 29 CFR 1928.52 and 1928.53, as
well as Appendix B to subpart C of 29
CFR part 1928. The deleted standards
specified procedures for testing,
respectively, protective frames and
enclosures for wheel-type tractors used
in agriculture, while Appendix B
provided diagrams depicting these
testing procedures. In place of these
requirements, OSHA referenced SAE
consensus standard J334a–1970 and
American Society of Agricultural
Engineers (‘‘ASAE’’) consensus standard
S306.3–1974 for protective frames, and
SAE consensus standard J168–1970 and
ASAE consensus standard S336.1–1974
for protective enclosures, in paragraph
(b)(1) of revised 29 CFR 1928.51.
For both protective frames and
protective enclosures, the testing
conducted under the ASAE and SAE
standards generally is consistent with
the testing requirements of the original
OSHA standards. However, the Agency
found several substantive differences
2 These two tests determine, under controlled
laboratory conditions, the reduced-temperature
ductility of the carbon steel used to make ROPS.
Generally, the less ductile the steel, the more likely
it is to fracture with impact during reducedtemperature exposure (thereby losing its protective
features). The 0 °F test, used principally by ROPS
manufacturers, involves administering impacts and/
or loads to the entire ROPS at 0 °F, while the
Charpy V-notch test, used primarily by steel
manufacturers, applies impacts to steel specimens
of a predetermined size at several reducedtemperature levels.
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
between the original OSHA standards
and the consensus standards (for testing
both protective frames and protective
enclosures) that replaced them. First,
both the original OSHA standards and
the ASAE standards differ substantively
from the SAE standards by providing an
exemption from field-upset testing
based on results for either the static or
dynamic versions of the laboratory
energy-absorption test,3 while the SAE
standards require field-upset testing
only under dynamic test conditions.
Consequently, this direct final rule will
reinstate the testing exemption found in
the original OSHA ROPS standards. (See
Exs. 4–3 and 4–4.) Second, the original
OSHA and the SAE standards allow
either static or dynamic testing at 0 °F,
while the ASAE standards limit testing
at 0 °F to dynamic testing. Therefore,
reinstating the original OSHA standards
under this direct final rule restores the
testing option found in the original
OSHA standards, but which is not in the
ASAE standards. (See Exs. 4–3 and 4–
4.) Finally, as an alternative to 0 °F
testing, the original OSHA and ASAE
standards offer the Charpy V-notch test,
while the SAE standards do not.
Accordingly, reinstating the original
OSHA standard will provide an
additional cold-temperature testing
option not available in the SAE
standards. (See Exs. 4–3 and 4–4.)
C. Minor Revisions to the Original
OSHA ROPS Standards
Paragraph (c)(1) of OSHA’s original 29
CFR 1926.1002 contains an editorial
error. The original paragraph states that
laboratory or field tests ‘‘determine the
performance requirements set forth in
paragraph (c)(1) of this [standard].’’
However, paragraph (i) of the standard,
not paragraph (c)(1), provides the
performance requirements that the tests
must determine. Therefore, OSHA is
correcting the reference accordingly.
The Agency also is making two
additional revisions related to the
original construction standards for
ROPS. First, as noted in Ex. 4–1,
3 The laboratory energy-absorption test assesses
the energy (measured as force multiplied by
distance) absorbed by ROPS during laboratorycontrolled rear and side impacts. During testing,
ROPS components bend as they absorb energy;
however, such bending must not exceed the
deflection values specified by the OSHA standards
(these values represent thresholds beyond which
the deflection may endanger the tractor operator).
Generally, the tests have a safety margin (e.g., 15%),
which means that additional deflection equal to the
specified safety margin is possible without
jeopardizing safety. The laboratory-based test is
derived from the energy-absorbing results obtained
for ROPS tested during rear or side field-upset tests,
i.e., deflection values are comparable when the
same ROPS and tractors are evaluated under the
two testing conditions.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
paragraph 5.3.2 of SAE consensus
standard J334a–1970 defines the term
‘‘Pu’’ as the ‘‘[u]ltimate force capacity of
mounting connection, lb (kg).’’
However, paragraph (j)(3) of original 29
CFR 1926.1002 lists no definition for
this term. Since the original OSHA
standard duplicates the remaining
terminology of the SAE consensus
standard, this rulemaking will add this
term and the SAE consensus standard
definition to reinstated 29 CFR
1926.1002(j)(3). Second, in reinstating
the original 29 CFR 1926.1002 and
1926.1003 standards, OSHA is removing
the following sentence from paragraphs
(k) and (g) of these respective standards:
‘‘The SAE standard shall be used in the
event that questions of interpretation
arise.’’ The Agency is removing this
sentence because the referenced SAE
standard provides no additional
information on which to base such
interpretations.
Finally, the Agency is making a
number of plain-language revisions to
the regulatory text of the original OSHA
ROPS standards for the construction
and agriculture industries. The Agency
finds that using plain language will
improve the comprehensibility of these
provisions. These improvements will, in
turn, enhance employer compliance
with the revised provisions and,
concomitantly, increase the protection
afforded to employees. OSHA believes
that rewriting these provisions in plain
language did not alter the substantive
requirements of the existing provisions.
III. Procedural Determinations
A. Legal Considerations
The purpose of the Occupational
Safety and Health Act of 1970 (‘‘OSH
Act’’), 29 U.S.C. 651 et seq., is ‘‘to assure
so far as possible every working man
and woman in the nation safe and
healthful working conditions and to
preserve our human resources.’’ (29
U.S.C. 651(b).) To achieve this goal,
Congress authorized the Secretary of
Labor to promulgate and enforce
occupational safety and health
standards. (29 U.S.C. 655(b) and 654(b).)
A safety or health standard is a standard
‘‘which requires conditions, or the
adoption or use of one or more
practices, means, methods, operations,
or processes, reasonably necessary or
appropriate to provide safe or healthful
employment or places of employment.’’
(29 U.S.C. 652(8).) A standard is
reasonably necessary or appropriate
within the meaning of Section 652(8)
when a significant risk of material harm
exists in the workplace and the standard
will reduce substantially or eliminate
that workplace risk.
E:\FR\FM\29DER1.SGM
29DER1
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
sroberts on PROD1PC70 with RULES
OSHA based its original ROPS
standards on evidence that these
structures are necessary to ensure
proper employee protection should
wheel-type tractors become unstable
and roll backwards or to the side. For
this direct final rule, the Agency has
determined that the original OSHA
construction and agriculture ROPS
standards meet the statutory
requirements of Section 652(8) of the
OSH Act. In addition, OSHA finds that
this direct final rule does not increase
employers’ compliance burdens (see
section B (‘‘Economic Analysis and
Regulatory Flexibility Certification’’)
below). Consequently, it is unnecessary
to determine significant risk, or the
extent to which the direct final rule
would reduce that risk, as would
typically be required by Industrial
Union Department, AFL–CIO v.
American Petroleum Institute, 448 U.S.
607 (1980).
Because OSHA replaced its original
ROPs testing provisions through a
technical amendment, the regulated
community did not have an opportunity
for notice and comment on the
substantive differences between the
original ROPs testing provisions and the
consensus standards that replaced them.
Such notice and comment are required
by the Administrative Procedures Act (5
U.S.C. 553(b)), the Occupational Safety
and Health Act of 1970 (29 U.S.C.
655(b)(2) and (b)(3)), and OSHA’s
procedural regulations (29 CFR 1911.5).
Therefore, the Agency has concluded
that it has a legal obligation to the
regulated community to reinstate the
original OSHA standards through this
direct final rule.
B. Economic Analysis and Regulatory
Flexibility Certification
OSHA’s Economic Analysis and
Regulatory Flexibility Analysis address
issues related to the costs, benefits,
technological feasibility, and economic
impacts (including small business
impacts) of this direct final rule
reinstating the Agency’s original ROPS
standards.
Executive Order (‘‘E.O.’’) 12866
requires regulatory agencies to conduct
an economic analysis for rules that meet
certain criteria. The most frequently
used criterion under E.O. 12866 is that
the rule will have an annual cost impact
on the economy of $100 million or
more. Neither the benefits nor the costs
of this direct final rule exceed $100
million. Nevertheless, the Agency has
prepared this economic analysis to
summarize this direct final rule’s
impact, and has concluded that it is not
an economically significant regulatory
action under E.O. 12866.
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
Although this direct final rule applies
to employers in construction and
agriculture so that their employees may
operate safe equipment (i.e., wheel-type
tractors), it more directly affects
equipment manufacturers. Equipment
manufacturers design and build
machines that have ROPS to meet the
testing criteria specified in OSHA’s
ROPS standards. Fewer than 10 original
equipment manufacturers are directly
affected by this direct final rule (see Ex.
4–5). Employers in the construction and
agriculture industries who purchase and
use wheel-type tractors are in violation
of OSHA’s ROPS standards and are
subject to penalty when the tractors do
not have protective structures meeting
these standards. Therefore, employers in
the construction and agriculture
industries would be affected indirectly
if changing the ROPS testing procedures
were to change the price of equipment.
For the purposes of its economic
analyses, OSHA generally defines small
firms as firms with fewer than 1,000
employees (using the Small Business
Administration’s definition); however,
the Agency may use smaller size
categories as well. None of the original
equipment manufacturers affected by
this direct final rule is a small employer
under any of these definitions.
However, some small manufacturing
firms (e.g., with fewer than 20
employees) may retrofit older, existing
equipment with custom-made ROPS,
and these firms may be affected by this
direct final rule.
As explained in the preamble above,
this direct final rule provides equipment
manufacturers with more options for
testing ROPS than the current OSHA
ROPS standards. Therefore, none of the
provisions in the direct final rule
impose conditions that would generate
new costs for equipment manufacturers,
including small manufacturing firms.
Cost savings under the direct final rule,
if any, depend on the extent that
equipment manufacturers choose to
avail themselves of its alternative
provisions. The Agency has not
quantified the benefit of the increased
testing options to manufacturers. The
reinstated standards are both
technologically and economically
feasible and do not impose new
compliance costs on equipment
manufacturers or on the construction
and agriculture industries. The Agency
concludes that the economic impact of
the direct final rule will be negligible on
any of the potentially affected
industries, including potentially
affected small employers.
The Regulatory Flexibility Act of 1980
(‘‘RFA’’), as amended by the Small
Business Regulatory Enforcement
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
76983
Fairness Act of 1996 (5 U.S.C. 601 et
seq.), requires regulatory agencies to
determine whether regulatory actions
will adversely affect small entities.
OSHA’s threshold criteria for
identifying a significant impact include
costs exceeding one percent of revenues
or five percent of profits. When costs
exceed either threshold, then the
Agency considers the impact on small
entities to be significant for purposes of
complying with the RFA. Employers
will incur no significant costs of
complying with this direct final rule.
Accordingly, OSHA certifies that this
regulation will not have a significant
impact on a substantial number of small
entities. In addition, the direct final rule
is not a major rule as defined by Section
804 of the Congressional Review Act (5
U.S.C. 801 et seq.).
C. Paperwork Reduction Act
After analyzing the provisions of this
direct final rule in terms of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq. and 5 CFR part
1320), OSHA has determined that these
provisions do not impose any
collection-of-information (i.e.,
‘‘paperwork’’) requirements on
employers in the construction and
agriculture industries who use ROPS to
protect employees who operate wheeltype tractors. While several of the
provisions reinstated by this direct final
rule require that test data be recorded or
verified (i.e., 29 CFR 1926.1002(d)(3),
(d)(6), (g)(2)(i), (g)(2)(ii), and (g)(2)(iii);
1928.52(d)(2)(iii)(A) and (d)(2)(iii)(F);
and 1928.53(d)(1)(iii) and (d)(2)(iii)(B)),
these information-collection
requirements apply only to ROPS
manufacturers, not to the employers
who use ROPS on wheel-type tractors.
OSHA also concludes that, as a matter
of usual and customary business
practice, manufacturers record and
verify ROPS testing information to
ensure the integrity of protective frames
and enclosures, and notes that the
current SAE and ASAE consensus
standards for ROPS require that
manufacturers record and verify ROPS
test data.
Members of the public may send
comments on this paperwork
determination to: Office of Information
and Regulatory Affairs (Attention: Desk
Officer for OSHA), OMB, Room 10235,
726 Jackson Place, NW., Washington,
DC 20503. However, no comment
received on this paperwork
determination will be considered by the
Agency to be a ‘‘significant adverse
comment’’ as specified above under
section I (‘‘Direct Final Rulemaking’’).
E:\FR\FM\29DER1.SGM
29DER1
76984
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
D. Federalism
The Agency reviewed the direct final
rule according to the most recent
Executive Order (‘‘E.O.’’) on Federalism
(Executive Order 13132, 64 FR 43225,
August 10, 1999). This E.O. requires that
Federal agencies, to the extent possible,
refrain from limiting State policy
options, consult with States before
taking actions that restrict their policy
options, and take such actions only
when clear constitutional authority
exists and the problem is national in
scope. The E.O. allows Federal agencies
to preempt State law only with the
expressed consent of Congress. In such
cases, Federal agencies must limit
preemption of State law to the extent
possible.
Under Section 18 of the Occupational
Safety and Health Act of 1970 (‘‘OSH
Act’’; 29 U.S.C. 651 et seq.), Congress
expressly provides OSHA with
authority to preempt State occupational
safety and health standards. Under the
OSH Act, a State can avoid preemption
under Section 18 only when it submits,
and obtains Federal approval of, a plan
for the development and enforcement of
safety and health standards (i.e., ‘‘StatePlan State’’; see 29 U.S.C. 667).
Occupational safety and health
standards developed by a State-Plan
State must be at least as effective in
providing safe and healthful
employment and places of employment
as the Federal standards. Subject to
these requirements, a State-Plan State is
free to develop and enforce under State
law its own requirements for safety and
health standards.
The Agency concludes that this direct
final rule complies with E.O. 13132. In
States without OSHA-approved State
Plans, Congress expressly provides for
OSHA standards to preempt State job
safety and health rules in areas
addressed by Agency standards; in these
States, the direct final rule limits State
policy options in the same manner as
every Agency standard. In States with
OSHA-approved State Plans, this action
does not significantly limit State policy
options.
sroberts on PROD1PC70 with RULES
E. State-Plan States
When Federal OSHA promulgates a
new standard or imposes additional or
more stringent requirements than an
existing standard, the 26 States and U.S.
Territories with their own OSHAapproved occupational safety and health
plans must revise their standards to
reflect the new standard or amendment,
or show the Agency why such action is
unnecessary, e.g., because an existing
State standard covering this area already
is at least as effective as the new Federal
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
standard or amendment (29 U.S.C.
553.5(a)). The State standard must be at
least as effective as the final Federal
rule, must be applicable to both the
private and public (i.e., State and local
government employees) sectors, and
must be completed within six months of
the publication date of the final Federal
rule. When OSHA promulgates a new
standard or amendment that does not
impose additional or more stringent
requirements than an existing standard,
States are not required to revise their
standards, although the Agency may
encourage them to do so. The 26 States
and Territories with OSHA-approved
State plans are: Alaska, Arizona,
California, Hawaii, Indiana, Iowa,
Kentucky, Maryland, Michigan,
Minnesota, Nevada, New Mexico, North
Carolina, Oregon, Puerto Rico, South
Carolina, Tennessee, Utah, Vermont,
Virginia, Washington, and Wyoming.
Connecticut, New Jersey, New York, and
the Virgin Islands have OSHA-approved
State plans that apply to State and local
government employees only. Although
this direct final rule does not impose
any additional or more stringent
requirements on employers compared to
the existing standard, the Agency
strongly encourages the States and
Territories with their own State Plans
that currently do not include the
original OSHA ROPS testing standards
in their construction and agriculture
standards to adopt the revisions
promulgated under this direct final rule
within six months of the date of this
Federal Register notice, unless OSHA
withdraws the Direct Final Rule
following the end of the comment
period.
F. Unfunded Mandates Reform Act
OSHA has reviewed this direct final
rule according to the Unfunded
Mandates Reform Act of 1995
(‘‘UMRA’’; 2 U.S.C. 1501 et seq.) and
Executive Order 12875. As discussed
above in section III.B (‘‘Final Economic
Analysis and Regulatory Flexibility
Certification’’) of this preamble, the
Agency has determined that this direct
final rule imposes no additional costs
on any private-or public-sector entity.
Accordingly, this direct final rule
requires no additional expenditures by
either public or private employers.
As noted earlier, the Agency’s
standards do not apply to State and
local governments, except in States that
have voluntarily elected to adopt a State
plan approved by the Agency.
Consequently, this direct final rule does
not meet the definition of a ‘‘Federal
intergovernmental mandate’’ (see
Section 421(5) of the UMRA (2 U.S.C.
658(5)). In conclusion, this direct final
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
rule does not mandate that State, local,
and tribal governments adopt new,
unfunded regulatory obligations.
G. Public Participation
The Agency requests that interested
members of the public who submit
written comments concerning this direct
final rule do so using any of the
methods listed above in the section
titled ADDRESSES. Note, however, that
the Agency has defined a significant
adverse comment as only those
comments that address: (1) The
lawfulness of the procedures used to
promulgate the 1996 technical
amendment as these procedures relate
to the ROPs testing provisions; or (2)
whether the minor revisions made to the
original ROPS standards in this direct
final rule are reasonable or appropriate.
OSHA will post all comments
received, without revision, to https://
dockets.osha.gov, including any
personal information provided. The
Agency cautions commenters about
submitting personal information such as
social security numbers and birth dates.
For access to materials in the docket,
including background documents and
comments received, go to https://
dockets.osha.gov. Contact the OSHA
Docket Office for information about
materials not available through the
OSHA webpage, and for assistance in
using the webpage to locate docket
submissions.
If the Agency receives no significant
adverse comment regarding this direct
final rule, it will publish a Federal
Register notice confirming the effective
date of this direct final rule. For the
purpose of judicial review, OSHA views
the date that it confirms the effective
date of the direct final rule to be the date
of issuance. Additionally, such
confirmation may include minor
stylistic or technical changes to the
regulatory language provided by this
notice. If OSHA receives significant
adverse comment on this direct final
rule, it will withdraw the direct final
rule and determine, based on the
comments submitted to the record,
whether to issue a proposed rule in the
future.
List of Subjects
29 CFR Part 1926
Construction industry, Incorporation
by reference, Motor vehicle safety,
Occupational safety and health.
29 CFR Part 1928
Agriculture, Incorporation by
reference, Motor vehicle safety,
Occupational safety and health.
E:\FR\FM\29DER1.SGM
29DER1
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
Authority and Signature
Jonathan L. Snare, Acting Assistant
Secretary of Labor for Occupational
Safety and Health, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210 authorized the
preparation of this direct final rule. The
Agency is issuing this direct final rule
under the following authorities:
Sections 4, 6, and 8 of the Occupational
Safety and Health Act of 1970 (29 U.S.C.
653, 655, 657); Section 3704 of the
Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701 et seq.);
Secretary of Labor’s Order No. 5–2002
(67 FR 65008); and 29 CFR part 1911.
Signed at Washington, DC on December 13,
2005.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
IV. Amended Standards
Based on the reasons presented in the
preamble to this direct final rule, OSHA
is amending 29 CFR parts 1926 and
1928 as follows:
I
PART 1926—[AMENDED]
Subpart W—[Amended]
1. Revise the authority citation for
subpart W of part 1926 to read as
follows:
I
Authority: Section 3704 of the Contract
Work Hours and Safety Standards Act (40
U.S.C. 3701); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, 657); and Secretary of
Labor’s Order No. 12–71 (36 FR 8754), 8–76
(41 FR 25059), 9–83 (48 FR 35736), 1–90 (55
FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR
50017), or 5–2002 (67 FR 65008), as
applicable.
2. Revise §§ 1926.1002 and 1926.1003
and add a new Appendix A to subpart
W, to read as follows:
I
sroberts on PROD1PC70 with RULES
§ 1926.1002 Protective frames (roll-over
protective structures, known as ROPS) for
wheel-type agricultural and industrial
tractors used in construction.
(a) General. (1) The purpose of this
section is to set forth requirements for
frames used to protect operators of
wheel-type agricultural and industrial
tractors that will minimize the
possibility of operator injury resulting
from accidental upsets during normal
operation. With respect to agricultural
and industrial tractors, the provisions of
29 CFR 1926.1001 and 1926.1003 for
rubber-tired dozers and rubber-tired
loaders may be used instead of the
requirements of this section.
(2) The protective frame that is the
subject of this standard is a structure
mounted to the tractor that extends
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
above the operator’s seat and conforms
generally to Figure W–14.
(3) When an overhead weather shield
is attached to the protective frame, it
may be in place during testing, provided
that it does not contribute to the
strength of the protective frame. When
such an overhead weather shield is
attached, it must meet the requirements
of paragraph (i) of this section.
(4) For overhead protection
requirements, see 29 CFR 1926.1003.
(5) The following provisions address
requirements for protective enclosures.
(i) When protective enclosures are
used on wheel-type agricultural and
industrial tractors, they shall meet the
requirements of Society of Automotive
Engineers (‘‘SAE’’) standard J168–1970
(‘‘Protective enclosures—test procedures
and performance requirements’’), which
is incorporated by reference. The
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
(ii) SAE standard J168–1970 appears
in the 1971 SAE Handbook, or it may be
examined at: any OSHA Regional Office;
the OSHA Docket Office, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Room N–2625,
Washington, DC 20210 (telephone: (202)
693–2350 (TTY number: (877) 889–
5627)); or the National Archives and
Records Administration (‘‘NARA’’). (For
information on the availability of this
material at NARA, telephone (202) 741–
6030 or access the NARA Web site at
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.) Copies may be
purchased from the Society of
Automotive Engineers, 400
Commonwealth Drive, Warrendale,
Pennsylvania 15096–0001.
(b) Applicability. The requirements of
this section apply to wheel-type
agricultural and industrial tractors used
in construction work. See paragraph (j)
of this section for definitions of
agricultural tractors set forth in
paragraph (i) of this section.
(c) Performance requirements. (1)
Either a laboratory test or a field test is
required to determine the performance
requirements set forth in paragraph (i) of
this section.
(2) A laboratory test may be either
static or dynamic. The laboratory test
must be under conditions of repeatable
and controlled loading to permit
analysis of the protective frame.
(3) A field-upset test, when used,
shall be conducted under reasonably
controlled conditions, both rearward
and sideways to verify the effectiveness
of the protective frame under actual
dynamic conditions.
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
76985
(d) Test procedures—general. (1) The
tractor used shall be the tractor with the
greatest weight on which the protective
frame is to be used.
(2) A new protective frame and
mounting connections of the same
design shall be used for each test
procedure.
(3) Instantaneous and permanent
frame deformation shall be measured
and recorded for each segment of the
test.
(4) Dimensions relative to the seat
shall be determined with the seat
unloaded and adjusted to its highest and
most rearward latched position
provided for a seated operator.
(5) When the seat is offset, the frame
loading shall be on the side with the
least space between the centerline of the
seat and the upright.
(6) The low-temperature impact
strength of the material used in the
protective structure shall be verified by
suitable material tests or material
certifications according to 29 CFR
1926.1001(f)(2)(iv).
(e) Test procedure for vehicle
overturn. (1) Vehicle weight. The weight
of the tractor, for purposes of this
section, includes the protective frame,
all fuels, and other components required
for normal use of the tractor. Ballast
must be added when necessary to
achieve a minimum total weight of 130
lb (59 kg) per maximum power-takeoff
horsepower at the rated engine speed.
The weight of the front end must be at
least 33 lb (15 kg) per maximum powertakeoff horsepower. In case powertakeoff horsepower is unavailable, 95
percent of net engine flywheel
horsepower shall be used.
(2) Agricultural tractors shall be tested
at the weight set forth in paragraph
(e)(1) of this section.
(3) Industrial tractors shall be tested
with items of integral or mounted
equipment and ballast that are sold as
standard equipment or approved by the
vehicle manufacturer for use with the
vehicle when the protective frame is
expected to provide protection for the
operator with such equipment installed.
The total vehicle weight and front-end
weight as tested shall not be less than
the weights established in paragraph
(e)(1) of this section.
(4) The following provisions address
soil bank test conditions.
(i) The test shall be conducted on a
dry, firm soil bank as illustrated in
Figure W–15. The soil in the impact
area shall have an average cone index in
the 0-in. to 6-in. (0-mm to 153-mm)
layer not less than 150 according to
American Society of Agricultural
Engineers (‘‘ASAE’’) recommendation
ASAE R313.1–1971 (‘‘Soil cone
E:\FR\FM\29DER1.SGM
29DER1
sroberts on PROD1PC70 with RULES
76986
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
penetrometer’’), as reconfirmed in 1975,
which is incorporated by reference. The
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. The path of
vehicle travel shall be 12° ± 2° to the top
edge of the bank.
(ii) ASAE recommendation ASAE
R313.1–1971, as reconfirmed in 1975,
appears in the 1977 Agricultural
Engineers Yearbook, or it may be
examined at: any OSHA Regional Office;
the OSHA Docket Office, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Room N–2625,
Washington, DC 20210 (telephone: (202)
693–2350 (TTY number: (877) 889–
5627)); or the National Archives and
Records Administration (‘‘NARA’’). (For
information on the availability of this
material at NARA, telephone (202) 741–
6030 or access the NARA Web site at
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html). Copies may be
purchased from the American Society of
Agricultural Engineers 2950 Niles Road,
St. Joseph, MI 49085.
(5) The upper edge of the bank shall
be equipped with an 18-in. (457-mm)
high ramp as described in Figure W–15
to assist in tipping the vehicle.
(6) The front and rear wheel-tread
settings, when adjustable, shall be at the
position nearest to halfway between the
minimum and maximum settings
obtainable on the vehicle. When only
two settings are obtainable, the
minimum setting shall be used.
(7) Vehicle overturn test—sideways
and rearward. (i) The tractor shall be
driven under its own power along the
specified path of travel at a minimum
speed of 10 mph (16 kph), or maximum
vehicle speed when under 10 mph (16
kph), up the ramp as described in
paragraph (d)(5) of this section to
induce sideways overturn.
(ii) Rear upset shall be induced by
engine power with the tractor operating
in gear to obtain 3 to 5 mph (4.8 to 8
kph) at maximum governed engine rpm,
preferably by driving forward directly
up a minimum slope of two vertical to
one horizontal. The engine clutch may
be used to aid in inducing the upset.
(f) Other test procedures. When the
field-upset test is not used to determine
ROPS performance, either the static test
or the dynamic test, contained in
paragraph (g) or (h) of this section, shall
be made.
(g) Static test. (1) Test conditions. (i)
The laboratory mounting base shall
include that part of the tractor chassis
to which the protective frame is
attached, including the mounting parts.
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
(ii) The protective frame shall be
instrumented with the necessary
equipment to obtain the required loaddeflection data at the locations and
directions specified in Figures W–16,
W–17, and W–18.
(iii) The protective frame and
mounting connections shall be
instrumented with the necessary
recording equipment to obtain the
required load-deflection data to be used
in calculating FSB (see paragraph (j)(3)
of this section). The gauges shall be
placed on mounting connections before
the installation load is applied.
(2) Test procedure. (i) The side-load
application shall be at the upper
extremity of the frame upright at a 90°
angle to the centerline of the vehicle.
The side load L shall be applied
according to Figure W–16. L and D shall
be recorded simultaneously. The test
shall be stopped when:
(A) The strain energy absorbed by the
frame is equal to the required input
energy (Eis);
(B) Deflection of the frame exceeds
the allowable deflection; or
(C) The frame load limit occurs before
the allowable deflection is reached in
the side load.
(ii) The L–D diagram (see Figure W–
19 for an example) shall be constructed
using the data obtained according to
paragraph (g)(2)(i) of this section.
(iii) The modified Lm–Dm diagram
shall be constructed according to
paragraph (g)(2)(ii) and Figure W–20 of
this section. The strain energy absorbed
by the frame (Eu) shall then be
determined.
(iv) Eis, FER, and FSB shall be
calculated.
(v) The test procedure shall be
repeated on the same frame using L (rear
input; see Figure W–18) and Eir. Rearload application shall be distributed
uniformly along a maximum projected
dimension of 27 in. (686 mm) and a
maximum area of 160 sq. in. (1,032 sq.
cm) normal to the direction of load
application. The load shall be applied to
the upper extremity of the frame at the
point that is midway between the
centerline of the seat and the inside of
the frame upright.
(h) Dynamic test. (1) Test conditions.
(i) The protective frame and tractor shall
meet the requirements of paragraphs
(e)(2) or (3) of this section, as
appropriate.
(ii) The dynamic loading shall be
produced by using a 4,410-lb (2,000-kg)
weight acting as a pendulum. The
impact face of the weight shall be 27 ± 1
in. by 27 ± 1 in. (686 ± 25 mm by 686
± 25 mm), and shall be constructed so
that its center of gravity is within 1.0 in.
(25.4 mm) of its geometric center. The
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
weight shall be suspended from a pivot
point 18 to 22 ft (5.5 to 6.7 m) above the
point of impact on the frame, and shall
be conveniently and safely adjustable
for height (see Figure W–21).
(iii) For each phase of testing, the
tractor shall be restrained from moving
when the dynamic load is applied. The
restraining members shall be 0.50- to
0.63-in. (12.5- to 16.0-mm) steel cable,
and points for attaching restraining
members shall be located an appropriate
distance behind the rear axle and in
front of the front axle to provide a 15°
to 30° angle between the restraining
cable and the horizontal. The restraining
cables shall either be in the plane in
which the center of gravity of the
pendulum will swing, or more than one
restraining cable shall give a resultant
force in this plane (see Figure W–22).
(iv) The wheel-tread setting shall
comply with the requirements of
paragraph (e)(6) of this section. The tires
shall have no liquid ballast, and shall be
inflated to the maximum operating
pressure recommended by the tire
manufacturer. With the specified tire
inflation, the restraining cables shall be
tightened to provide tire deflection of 6
to 8 percent of the nominal tire-section
width. After the vehicle is restrained
properly, a wooden beam that is 6-in. ×
6-in. (150 mm × 150 mm) shall be
driven tightly against the appropriate
wheels and clamped. For the test to the
side, an additional wooden beam shall
be placed as a prop against the wheel
nearest to the operator’s station, and
shall be secured to the floor so that
when it is positioned against the wheel
rim, it is at an angle of 25° to 40° to the
horizontal. It shall have a length 20 to
25 times its depth, and a width two to
three times its depth (see Figures W–22
and W–23).
(v) Means shall be provided for
indicating the maximum instantaneous
deflection along the line f impact. A
simple friction device is illustrated in
Figure W–23.
(vi) No repair or adjustments may be
carried out during the test.
(vii) When any cables, props, or
blocking shift or break during the test,
the test shall be repeated.
(2) Test procedure. (i) General. The
frame shall be evaluated by imposing
dynamic loading to the rear, followed by
a load to the side on the same frame.
The pendulum dropped from the height
(see the definition of ‘‘H’’ in paragraph
(j)(3) of this section) imposes the
dynamic load. The position of the
pendulum shall be so selected that the
initial point of impact on the frame shall
be in line with the arc of travel of the
center of gravity of the pendulum. A
quick-release mechanism should be
E:\FR\FM\29DER1.SGM
29DER1
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
used but, when used, it shall not
influence the attitude of the block.
(ii) Impact at rear. The tractor shall be
restrained properly according to
paragraphs (h)(1)(iii) and (h)(1)(iv) of
this section. The tractor shall be
positioned with respect to the pivot
point of the pendulum so that the
pendulum is 20° from the vertical prior
to impact as shown in Figure W–22. The
impact shall be applied to the upper
extremity of the frame at the point that
is midway between the centerline of the
frame and the inside of the frame
upright of a new frame.
(iii) Impact at side. The blocking and
restraining shall conform to paragraphs
(h)(1)(iii) and (h)(1)(iv) of this section.
The center point of impact shall be that
structural member of the protective
frame likely to hit the ground first in a
sideways accidental upset. The side
impact shall be applied to the side
opposite that used for rear impact.
(i) Performance requirements. (1)
General. (i) The frame, overhead
weather shield, fenders, or other parts in
the operator area may be deformed in
these tests, but shall not shatter or leave
sharp edges exposed to the operator, or
violate the dimensions shown in Figures
W–16 and W–17, and specified as
follows:
D = 2 in. (51 mm) inside of the frame
upright to the vertical centerline of
the seat;
E = 30 in. (762 mm);
F = Not less than 0 in. (0 mm) and not
more than 12 in. (305 mm), measured
at the centerline of the seat backrest
to the crossbar along the line of load
application as shown in Figure W–17;
and
G = 24 in. (610 mm).
(ii) The material and design
combination used in the protective
structure must be such that the structure
can meet all prescribed performance
tests at 0 °F (¥18 °C) according to 29
CFR 1926.1001(f)(2)(iv).
(2) Vehicle overturn performance
requirements. The requirements of this
paragraph (i) must be met in both side
and rear overturns.
(3) Static test performance
requirements. Design factors shall be
incorporated in each design to
withstand an overturn test as specified
by this paragraph (i). The structural
requirements will be met generally
when FER is greater than 1.0 and FSB
is greater than K–1 in both side and rear
loadings.
(4) Dynamic test performance
requirements. Design factors shall be
incorporated in each design to
withstand the overturn test specified by
this paragraph (i). The structural
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
requirements will be met generally
when the dimensions in this paragraph
(i) are used during both side and rear
loads.
(j) Definitions applicable to this
section. (1) ‘‘Agricultural tractor’’ means
a wheel-type vehicle of more than 20
engine horsepower, used in
construction work, that is designed to
furnish the power to pull, propel, or
drive implements. (SAE standard J333a–
1970 (‘‘Operator protection for wheeltype agricultural and industrial
tractors’’) defines ‘‘agricultural tractor’’
as a ‘‘wheel-type vehicle of more than
20 engine horsepower designed to
furnish the power to pull, carry, propel,
or drive implements that are designed
for agricultural usage.’’ Since this part
1926 applies only to construction work,
the SAE definition of ‘‘agricultural
tractor’’ is adopted for purposes of this
subpart.)
(2) ‘‘Industrial tractor’’ means that
class of wheel-type tractors of more than
20 engine horsepower (other than
rubber-tired loaders and dozers
described in 29 CFR 1926.1001), used in
operations such as landscaping,
construction services, loading, digging,
grounds keeping, and highway
maintenance.
(3) The following symbols, terms, and
explanations apply to this section:
E is = Energy input to be absorbed
during side loading in ft-lb (E′is in J
[joules]);
E is = 723 + 0.4 W ft-lb (E′ is = 100 +
0.12 W′ , J);
E ir = Energy input to be absorbed during
rear loading in ft-lb (E′ ir in J);
E ir = 0.47 W ft-lb (E′ ir = 0.14 W’, J);
W = Tractor weight as specified by 29
CFR 1926.1002(e)(1) and (e)(3), in lb
(W′ , kg);
L = Static load, lb (kg);
D = Deflection under L, in. (mm);
L–D = Static load-deflection diagram;
Lm–Dm = Modified static load-deflection
diagram (Figure W–20). To account
for an increase in strength due to an
increase in strain rate, raise L in the
plastic range L × K;
K = Increase in yield strength induced
by higher rate of loading (1.3 for hot,
rolled, low-carbon steel 1010–1030).
Low carbon is preferable; however,
when higher carbon or other material
is used, K must be determined in the
laboratory. Refer to Norris, C.H.,
Hansen, R.J., Holley, M.J., Biggs, J.M.,
Namyet, S., and Minami, J.V.,
Structural Design for Dynamic Loads,
McGraw-Hill, New York, 1959, p. 3;
Lmax = Maximum observed static load;
Load Limit = Point on a continuous L–
D curve at which the observed static
load is 0.8 Lmax (refer to Figure W–19);
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
76987
Eu = Strain energy absorbed by the
frame, ft-lb (J); area under the Lm–Dm
curve;
FER = Factor of energy ratio, FER =
EuEis; also, FER = EuEir;
Pb = Maximum observed force in
mounting connection under a static
load, L, lb (kg);
Pu = Ultimate force capacity of
mounting connection, lb (kg);
FSB = Design margin for a mounting
connection (PuPb)¥1; and
H = Vertical height of lift of 4,410-lb
(2,000-kg) weight, in. (H′, mm). The
weight shall be pulled back so that the
height of its center of gravity above
the point of impact is defined as
follows: H = 4.92 + 0.00190 W (H′ =
125 + 0.107 W′) (see Figure W–24).
(k) Source of standard. The standard
in this section is derived from, and
restates, in part, Society of Automotive
Engineers (‘‘SAE’’) standard J334a-1970
(‘‘Protective frame test procedures and
performance requirements’’). The SAE
standard appears in the 1971 SAE
Handbook, which may be examined at
any OSHA regional office.
§ 1926.1003 Overhead protection for
operators of agricultural and industrial
tractors used in construction.
(a) General. (1) Purpose. When
overhead protection is provided on
wheel-type agricultural and industrial
tractors, the overhead protection shall
be designed and installed according to
the requirements contained in this
section. The provisions of 29 CFR
1926.1001 for rubber-tired dozers and
rubber-tired loaders may be used
instead of the standards contained in
this section. The purpose of this
standard is to minimize the possibility
of operator injury resulting from
overhead hazards such as flying and
falling objects, and at the same time to
minimize the possibility of operator
injury from the cover itself in the event
of accidental upset.
(2) Applicability. This standard
applies to wheel-type agricultural and
industrial tractors used in construction
work (see 29 CFR 1926.1002(b) and (j)).
In the case of machines to which 29 CFR
1926.604 (relating to site clearing) also
applies, the overhead protection may be
either the type of protection provided in
29 CFR 1926.604, or the type of
protection provided by this section.
(b) Overhead protection. When
overhead protection is installed on
wheel-type agricultural or industrial
tractors used in construction work, it
shall meet the requirements of this
paragraph. The overhead protection may
be constructed of a solid material. When
grid or mesh is used, the largest
permissible opening shall be such that
E:\FR\FM\29DER1.SGM
29DER1
76988
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
sroberts on PROD1PC70 with RULES
the maximum circle that can be
inscribed between the elements of the
grid or mesh is 1.5 in. (38 mm) in
diameter. The overhead protection shall
not be installed in such a way as to
become a hazard in the case of upset.
(c) Test procedures—general. (1) The
requirements of 29 CFR 1926.1002(d),
(e), and (f) shall be met.
(2) Static and dynamic rear load
application shall be distributed
uniformly along a maximum projected
dimension of 27 in. (686 mm), and a
maximum area of 160 sq. in. (1,032 sq.
cm), normal to the direction of load
application. The load shall be applied to
the upper extremity of the frame at the
point that is midway between the
centerline of the seat and the inside of
the frame upright.
(3) The static and dynamic side load
application shall be distributed
uniformly along a maximum projected
dimension of 27 in. (686 mm), and a
maximum area of 160 sq. in. (1,032 sq.
cm), normal to the direction of load
application. The direction of load
application is the same as in 29 CFR
1926.1002 (g) and (h). To simulate the
characteristics of the structure during an
upset, the center of load application
may be located from a point 24 in. (610
mm) (K) forward to 12 in. (305 mm) (L)
rearward of the front of the seat
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
backrest, to best use the structural
strength (see Figure W–25).
(d) Drop test procedures. (1) The same
frame shall be subjected to the drop test
following either the static or dynamic
test.
(2) A solid steel sphere or material of
equivalent spherical dimension
weighing 100 lb (45.4 kg) shall be
dropped once from a height 10 ft (3.08
m) above the overhead cover.
(3) The point of impact shall be on the
overhead cover at a point within the
zone of protection as shown in Figure
W–26, which is furthest removed from
major structural members.
(e) Crush test procedure. (1) The same
frame shall be subjected to the crush test
following the drop test and static or
dynamic test.
(2) The test load shall be applied as
shown in Figure W–27, with the seat
positioned as specified in 29 CFR
1926.1002(d)(4). Loading cylinders shall
be mounted pivotally at both ends.
Loads applied by each cylinder shall be
equal within two percent, and the sum
of the loads of the two cylinders shall
be two times the tractor weight as set
forth in 29 CFR 1926.1002(e)(1). The
maximum width of the beam illustrated
in Figure W–27 shall be 6 in. (152 mm).
(f) Performance requirements. (1)
General. The performance requirements
set forth in 29 CFR 1926.1002(i)(2), (3),
and (4) shall be met.
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
(2) Drop test performance
requirements. (i) Instantaneous
deformation due to impact of the sphere
shall not enter the protected zone as
illustrated in Figures W–25, W–26, and
W–28.
(ii) In addition to the dimensions set
forth in 29 CFR 1926.1002(i)(1)(i), the
following dimensions apply to Figure
W–28:
H = 17.5 in. (444 mm); and
J = 2 in. (50.8 mm), measured from the
outer periphery of the steering wheel.
(3) Crush test performance
requirements. The protected zone as
described in Figure W–28 must not be
violated.
(g) Source of standard. This standard
is derived from, and restates, in part, the
portions of Society of Automotive
Engineers (‘‘SAE’’) standard J167–1970
(‘‘Protective frame with overhead
protection—test procedures and
performance requirements’’), which
pertain to overhead protection
requirements. The SAE standard
appears in the 1971 SAE Handbook,
which may be examined at any OSHA
regional office.
Appendix A to Subpart W—Figures W–
14 through W–28
BILLING CODE 4510–26–P
E:\FR\FM\29DER1.SGM
29DER1
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00019
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
76989
ER29DE05.000
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00020
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.001
sroberts on PROD1PC70 with RULES
76990
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00021
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
76991
ER29DE05.002
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00022
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.003
sroberts on PROD1PC70 with RULES
76992
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00023
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
76993
ER29DE05.004
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00024
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.005
sroberts on PROD1PC70 with RULES
76994
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00025
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
76995
ER29DE05.006
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00026
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.007
sroberts on PROD1PC70 with RULES
76996
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00027
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
76997
ER29DE05.008
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00028
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.009
sroberts on PROD1PC70 with RULES
76998
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00029
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
76999
ER29DE05.010
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00030
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.011
sroberts on PROD1PC70 with RULES
77000
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00031
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
77001
ER29DE05.012
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00032
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.013
sroberts on PROD1PC70 with RULES
77002
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
PART 1928—[AMENDED]
Subpart C—[Amended]
3. Revise the authority citation to part
1928 to read as follows:
sroberts on PROD1PC70 with RULES
I
Authority: Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, 657); and Secretary of
Labor’s Order No. 12–71 (36 FR 8754), 8–76
(41 FR 25059), 9–83 (48 FR 35736), 1–90 (55
FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
50017) or 5–2002 (67 FR 65008) as
applicable; and 29 CFR part 1911.
Section 1928.21 also issued under section
29, Hazardous Materials Transportation
Uniform Safety Act of 1990 (Pub. L. 101–615,
104 Stat. 3244 (49 U.S.C. 1801–1819 and 5
U.S.C. 553)).
4. Revise paragraph (b)(1) of § 1928.51
to read as follows:
I
§ 1928.51 Roll-over protective structures
(ROPS) for tractors used in agricultural
operations.
*
PO 00000
*
*
Frm 00033
*
Fmt 4700
(b) * * *
(1) Roll-over protective structures
(ROPS). ROPS shall be provided by the
employer for each tractor operated by an
employee. Except as provided in
paragraph (b)(5) of this section, a ROPS
used on wheel-type tractors shall meet
the test and performance requirements
of 29 CFR 1928.52, 1928.53, or
1926.1002 as appropriate. A ROPS used
on track-type tractors shall meet the test
*
Sfmt 4700
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.014
BILLING CODE 4510–26–C
77003
77004
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
and performance requirements of 29
CFR 1926.1001.
*
*
*
*
*
I 5. Add §§ 1928.52, 1928.53, and a new
Appendix B to subpart C to read as
follows:
§ 1928.52 Protective frames for wheel-type
agricultural tractors—test procedures and
performance requirements.
(a) Purpose. The purpose of this
section is to establish the test and
performance requirements for a
protective frame designed for wheeltype agricultural tractors to minimize
the frequency and severity of operator
injury resulting from accidental upsets.
General requirements for the protection
of operators are specified in 29 CFR
1928.51.
(b) Types of tests. All protective
frames for wheel-type agricultural
tractors shall be of a model that has
been tested as follows:
(1) Laboratory test. A laboratory
energy-absorption test, either static or
dynamic, under repeatable and
controlled loading, to permit analysis of
the protective frame for compliance
with the performance requirements of
this standard.
(2) Field-upset test. A field-upset test
under controlled conditions, both to the
side and rear, to verify the effectiveness
of the protective system under actual
dynamic conditions. Such testing may
be omitted when:
(i) The analysis of the protectiveframe static-energy absorption test
results indicates that both FERis and
FERir (as defined in paragraph (d)(2)(ii)
of this section) exceed 1.15; or
(ii) The analysis of the protectiveframe dynamic-energy absorption test
results indicates that the frame can
withstand an impact of 15 percent
greater than the impact it is required to
withstand for the tractor weight as
shown in Figure C–7.
(c) Descriptions. (1) Protective frame.
A protective frame is a structure
comprised of uprights mounted to the
tractor, extending above the operator’s
seat. A typical two-post frame is shown
in Figure C–1.
(2) Overhead weather shield. When an
overhead weather shield is available for
attachment to the protective frame, it
may be in place during tests provided it
does not contribute to the strength of the
protective frame.
(3) Overhead falling object protection.
When an overhead falling-object
protection device is available for
attachment to the protective frame, it
may be in place during tests provided it
does not contribute to the strength of the
protective frame.
(d) Test procedures. (1) General. (i)
The tractor weight used shall be that of
the heaviest tractor model on which the
protective frame is to be used.
(ii) Each test required under this
section shall be performed on a new
protective frame. Mounting connections
of the same design shall be used during
each such test.
(iii) Instantaneous deflection shall be
measured and recorded for each
segment of the test; see paragraph
(e)(1)(i) of this section for permissible
deflections.
(iv) The seat-reference point (‘‘SRP’’)
in Figure C–3 is that point where the
vertical line that is tangent to the most
forward point at the longitudinal seat
centerline of the seat back, and the
horizontal line that is tangent to the
highest point of the seat cushion,
intersect in the longitudinal seat
section. The seat-reference point shall
be determined with the seat unloaded
and adjusted to the highest and most
rearward position provided for seated
operation of the tractor.
(v) When the centerline of the seat is
off the longitudinal center, the frame
loading shall be on the side with the
least space between the centerline of
seat and the protective frame.
(vi) Low-temperature characteristics
of the protective frame or its material
shall be demonstrated as specified in
paragraph (e)(1)(ii) of this section.
(vii) Rear input energy tests (static,
dynamic, or field-upset) need not be
performed on frames mounted to
tractors having four driven wheels and
more than one-half their unballasted
weight on the front wheels.
(viii) Accuracy table:
Measurements
Accuracy
sroberts on PROD1PC70 with RULES
Deflection of the frame, in. (mm) ..............................................................
Vertical weight, lb (kg) ..............................................................................
Force applied to the frame, pounds force (newtons) ...............................
Dimensions of the critical zone, in. (mm) .................................................
(2) Static test procedure. (i) The
following test conditions shall be met:
(A) The laboratory mounting base
shall be the tractor chassis for which the
protective frame is designed, or its
equivalent;
(B) The protective frame shall be
instrumented with the necessary
equipment to obtain the required loaddeflection data at the locations and
directions specified in Figures C–2 and
C–3; and
(C) When the protective frame is of a
one- or two-upright design, mounting
connections shall be instrumented with
the necessary equipment to record the
required force to be used in paragraph
(d)(2)(iii)(E) and (J) of this section.
Instrumentation shall be placed on
mounting connections before
installation load is applied.
(ii) The following definitions shall
apply:
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
±5 percent of
±5 percent of
±5 percent of
±0.5 in. (12.5
the deflection measured.
the weight measured.
the force measured.
mm).
W = Tractor weight (see 29 CFR
1928.51(a)) in lb (W′ in kg);
Eis = Energy input to be absorbed during
side loading in ft-lb (E′is in J [joules]);
Eis = 723 + 0.4 W (E′is = 100 + 0.12 W′);
Eir = Energy input to be absorbed during
rear loading in ft-lb (E′ir in J);
Eir = 0.47 W (E′ir = 0.14 W′);
L = Static load, lbf [pounds force], (N)
[newtons];
D = Deflection under L, in. (mm);
L–D = Static load-deflection diagram;
Lmax = Maximum observed static load;
Load Limit = Point on a continuous L–
D curve where the observed static
load is 0.8 Lmax on the down slope of
the curve (see Figure C–5);
Eu = Strain energy absorbed by the frame
in ft-lb (J); area under the L–D curve;
FER = Factor of energy ratio;
FERis = EuEis;
FERir = EuEir;
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
Pb = Maximum observed force in
mounting connection under a static
load, L lbf (N);
Pu = Ultimate force capacity of a
mounting connection, lbf (N);
FSB = Design margin for a mounting
connection; and
FSB = Pu/Pb
(iii) The test procedures shall be as
follows:
(A) Apply the rear load according to
Figure C–3, and record L and D
simultaneously. Rear-load application
shall be distributed uniformly on the
frame over an area perpendicular to the
direction of load application, no greater
than 160 sq. in. (1,032 sq. cm) in size,
with the largest dimension no greater
than 27 in. (686 mm). The load shall be
applied to the upper extremity of the
frame at the point that is midway
between the center of the frame and the
E:\FR\FM\29DER1.SGM
29DER1
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
inside of the frame upright. When no
structural cross member exists at the
rear of the frame, a substitute test beam
that does not add strength to the frame
may be used to complete this test
procedure. The test shall be stopped
when:
(1) The strain energy absorbed by the
frame is equal to or greater than the
required input energy Eir; or
(2) Deflection of the frame exceeds the
allowable deflection (see paragraph
(e)(1)(i) of this section); or
(3) Frame load limit occurs before the
allowable deflection is reached in rear
load (see Figure C–5).
(B) Using data obtained under
paragraph (d)(2)(iii)(A) of this section,
construct the L–D diagram shown in
Figure C–5;
(C) Calculate Eir;
(D) Calculate FERir;
(E) Calculate FSB as required by
paragraph (d)(2)(i)(C) of this section;
(F) Apply the side-load tests on the
same frame, and record L and D
simultaneously. Side-load application
shall be at the upper extremity of the
frame at a 90° angle to the centerline of
the vehicle. The side load shall be
applied to the longitudinal side farthest
from the point of rear-load application.
Apply side load L as shown in Figure C–
2. The test shall be stopped when:
(1) The strain energy absorbed by the
frame is equal to or greater than the
required input energy Eis; or
(2) Deflection of the frame exceeds the
allowable deflection (see paragraph
(e)(1)(i) of this section); or
(3) Frame load limit occurs before the
allowable deflection is reached in side
load (see Figure C–5).
(G) Using data obtained in paragraph
(d)(2)(iii)(F) of this section, construct
the L–D diagram as shown in Figure C–
5;
(H) Calculate Eis;
(I) Calculate FERis; and
(J) Calculate FSB as required by
paragraph (d)(2)(i)(C) of this section.
(3) Dynamic test procedure. (i) The
following test conditions shall be met:
(A) The protective frame and tractor
shall be tested at the weight defined by
29 CFR 1928.51(a);
(B) The dynamic loading shall be
accomplished by using a 4,410-lb
(2,000-kg) weight acting as a pendulum.
The impact face of the weight shall be
27 ± 1 in. by 27 ± 1 in. (686 ± 25 mm
by 686 ± 25 mm), and shall be
constructed so that its center of gravity
is within 1.0 in. (25.4 mm) of its
geometric center. The weight shall be
suspended from a pivot point 18 to 22
ft (5.5 to 6.7 m) above the point of
impact on the frame, and shall be
conveniently and safely adjustable for
height (see Figure C–6);
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
(C) For each phase of testing, the
tractor shall be restrained from moving
when the dynamic load is applied. The
restraining members shall have strength
no less than, and elasticity no greater
than, that of 0.50-in. (12.7-mm) steel
cable. Points of attachment for the
restraining members shall be located an
appropriate distance behind the rear
axle and in front of the front axle to
provide a 15° to 30° angle between a
restraining cable and the horizontal. For
impact from the rear, the restraining
cables shall be located in the plane in
which the center of gravity of the
pendulum will swing, or alternatively,
two sets of symmetrically located cables
may be used at lateral locations on the
tractor. For impact from the side,
restraining cables shall be used as
shown in Figures C–8 and C–9;
(D) The front and rear wheel-tread
settings, when adjustable, shall be at the
position nearest to halfway between the
minimum and maximum settings
obtainable on the vehicle. When only
two settings are obtainable, the
minimum setting shall be used. The
tires shall have no liquid ballast, and
shall be inflated to the maximum
operating pressure recommended by the
manufacturer. With the specified tire
inflation, the restraining cable shall be
tightened to provide tire deflection of 6
to 8 percent of the nominal tire-section
width. After the vehicle is restrained
properly, a wooden beam no less than
6-in. x 6-in. (150-mm x 150-mm) in
cross section shall be driven tightly
against the appropriate wheels and
clamped. For the test to the side, an
additional wooden beam shall be placed
as a prop against the wheel nearest to
the operator’s station, and shall be
secured to the base so that it is held
tightly against the wheel rim during
impact. The length of this beam shall be
chosen so that it is at an angle of 25° to
40° to the horizontal when it is
positioned against the wheel rim. It
shall have a length 20 to 25 times its
depth, and a width two to three times
its depth (see Figures C–8 and C–9);
(E) Means shall be provided for
indicating the maximum instantaneous
deflection along the line of impact. A
simple friction device is illustrated in
Figure C–4;
(F) No repairs or adjustments shall be
made during the test; and
(G) When any cables, props, or
blocking shift or break during the test,
the test shall be repeated.
(ii) H = Vertical height of the center
of gravity of a 4,410-lb (2,000-kg) weight
in in. (H′ in mm). The weight shall be
pulled back so that the height of its
center of gravity above the point of
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
77005
impact is: H = 4.92 + 0.00190 W (H′ =
125 ± 0.170 W′) (see Figure C–7).
(iii) The test procedures shall be as
follows:
(A) The frame shall be evaluated by
imposing dynamic loading from the
rear, followed by a load to the side on
the same frame. The pendulum
swinging from the height determined by
paragraph (d)(3)(ii) of this section shall
be used to impose the dynamic load.
The position of the pendulum shall be
so selected that the initial point of
impact on the frame is in line with the
arc of travel of the center of gravity of
the pendulum. When a quick-release
mechanism is used, it shall not
influence the attitude of the block;
(B) Impact at rear. The tractor shall be
restrained properly according to
paragraphs (d)(3)(i)(C) and (d)(3)(i)(D) of
this section. The tractor shall be
positioned with respect to the pivot
point of the pendulum so that the
pendulum is 20° from the vertical prior
to impact as shown in Figure C–8. The
impact shall be applied to the upper
extremity of the frame at the point that
is midway between the centerline of the
frame and the inside of the frame
upright. When no structural cross
member exists at the rear of the frame,
a substitute test beam that does not add
to the strength of the frame may be used
to complete the test procedure; and
(C) Impact at side. The blocking and
restraining shall conform to paragraphs
(d)(3)(i)(C) and (d)(3)(i)(D) of this
section. The center point of impact shall
be at the upper extremity of the frame
at a point most likely to hit the ground
first, and at a 90° to the centerline of the
vehicle (see Figure C–9). The side
impact shall be applied to the
longitudinal side farthest from the point
of rear impact.
(4) Field-upset test procedure. (i) The
following test conditions shall be met:
(A) The tractor shall be tested at the
weight defined in 29 CFR 1928.51(a);
(B) The following provisions address
soil bank test conditions.
(1) The test shall be conducted on a
dry, firm soil bank. The soil in the
impact area shall have an average cone
index in the 0-in. to 6-in. (0-mm to 152mm) layer of not less than 150. Cone
index shall be determined according to
American Society of Agricultural
Engineers (‘‘ASAE’’) recommendation
ASAE R313.1–1971 (‘‘Soil cone
penetrometer’’), as reconfirmed in 1975,
which is incorporated by reference. The
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. The path of
vehicle travel shall be 12° ± 2° to the top
edge of the bank.
E:\FR\FM\29DER1.SGM
29DER1
sroberts on PROD1PC70 with RULES
77006
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
(2) ASAE recommendation R313.1–
1971, as reconfirmed in 1975, appears in
the 1977 Agricultural Engineers
Yearbook, or it may be examined at:
Any OSHA Regional Office; the OSHA
Docket Office, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Room N–2625, Washington, DC 20210
(telephone: (202) 693–2350 (TTY
number: (877) 889–5627)); or the
National Archives and Records
Administration (‘‘NARA’’). (For
information on the availability of this
material at NARA, telephone (202) 741–
6030 or access the NARA Web site at
https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.) Copies may be
purchased from the American Society of
Agricultural Engineers, 2950 Niles
Road, St. Joseph, MI 49085.
(C) An 18-in. (457-mm) high ramp
(see Figure C–10) shall be used to assist
in upsetting the vehicle to the side; and
(D) The front and rear wheel-tread
settings, when adjustable, shall be at the
position nearest to halfway between the
minimum and maximum settings
obtainable on the vehicle. When only
two settings are obtainable, the
minimum setting shall be used.
(ii) Field upsets shall be induced to
the rear and side as follows:
(A) Rear upset shall be induced by
engine power, with the tractor operating
in gear to obtain 3 to 5 mph (4.8 to 8.0
kph) at maximum governed engine rpm
by driving forward directly up a
minimum slope of 60° ± 5° as shown in
Figure C–11, or by an alternative
equivalent means. The engine clutch
may be used to aid in inducing the
upset; and
(B) To induce side upset, the tractor
shall be driven under its own power
along the specified path of travel at a
minimum speed of 10 mph (16 kph), or
at maximum vehicle speed when under
10 mph (16 kph), and over the ramp as
described in paragraph (d)(4)(i)(C) of
this section.
(e) Performance requirements. (1)
General requirements. (i) The frame,
overhead weather shield, fenders, or
other parts in the operator area may be
deformed in these tests, but shall not
shatter or leave sharp edges exposed to
the operator, or encroach on the
dimensions shown in Figures C–2 and
C–3, and specified as follows:
d = 2 in. (51 mm) inside of the frame
upright to the vertical centerline of
the seat;
e = 30 in. (762 mm) at the longitudinal
centerline;
f = Not greater than 4 in. (102 mm) to
the rear edge of the crossbar,
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
measured forward of the seatreference point (‘‘SRP’’);
g = 24 in. (610 mm) minimum; and
m = Not greater than 12 in. (305 mm),
measured from the seat-reference
point to the forward edge of the
crossbar.
(ii) The protective structure and
connecting fasteners must pass the static
or dynamic tests described in
paragraphs (d)(2), (d)(3), or (d)(4) of this
section at a metal temperature of 0 °F
(¥18 °C) or below, or exhibit Charpy Vnotch impact strengths as follows:
10-mm x 10-mm (0.394-in. x 0.394-in.)
specimen: 8.0 ft-lb (10.8 J) at ¥20 °F
(¥30 °C);
10-mm x 7.5-mm (0.394-in. x 0.296-in.)
specimen: 7.0 ft-lb (9.5 J) at ¥20 °F
(¥30 °C);
10-mm x 5-mm (0.394-in. x 0.197-in.)
specimen: 5.5 ft-lb (7.5 J) at ¥20 °F
(¥30 °C); or
10-mm x 2.5-mm (0.394-in. x 0.098-in.)
specimen: 4.0 ft-lb (5.5 J) at ¥20 °F
(¥30 °C).
Specimens shall be longitudinal and
taken from flat stock, tubular, or
structural sections before forming or
welding for use in the frame. Specimens
from tubular or structural sections shall
be taken from the middle of the side of
greatest dimension, not to include
welds.
(2) Static test-performance
requirements. In addition to meeting the
requirements of paragraph (e)(1) of this
section for both side and rear loads,
FERis and FERir, shall be greater than
1.0, and when the ROPS contains one or
two upright frames only, FSB shall be
greater than 1.3.
(3) Dynamic test-performance
requirements. The structural
requirements shall be met when the
dimensions in paragraph (e)(1) of this
section are used in both side and rear
loads.
(4) Field-upset test performance
requirements. The requirements of
paragraph (e)(1) of this section shall be
met for both side and rear upsets.
§ 1928.53 Protective enclosures for wheeltype agricultural tractors—test procedures
and performance requirements.
(a) Purpose. The purpose of this
section is to establish the test and
performance requirements for a
protective enclosure designed for wheeltype agricultural tractors to minimize
the frequency and severity of operator
injury resulting from accidental upset.
General requirements for the protection
of operators are specified in 29 CFR
1928.51.
(b) Types of tests. All protective
enclosures for wheel-type agricultural
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
tractors shall be of a model that has
been tested as follows:
(1) Laboratory test. A laboratory
energy-absorption test, either static or
dynamic, under repeatable and
controlled loading, to permit analysis of
the protective enclosure for compliance
with the performance requirements of
this standard; and
(2) Field-upset test. A field-upset test
under controlled conditions, both to the
side and rear, to verify the effectiveness
of the protective system under actual
dynamic conditions. This test may be
omitted when:
(i) The analysis of the protectiveframe static-energy absorption test
results indicates that both FERis and
FERir (as defined in paragraph (d)(2)(ii)
of this section) exceed 1.15; or
(ii) The analysis of the protectiveframe dynamic-energy absorption test
results indicates that the frame can
withstand an impact 15 percent greater
than the impact it is required to
withstand for the tractor weight as
shown in Figure C–7.
(c) Description. A protective enclosure
is a structure comprising a frame and/
or enclosure mounted to the tractor. A
typical enclosure is shown in Figure C–
12.
(d) Test procedures. (1) General. (i)
The tractor weight used shall be that of
the heaviest tractor model on which the
protective enclosure is to be used.
(ii) Each test required under this
section shall be performed on a
protective enclosure with new structural
members. Mounting connections of the
same design shall be used during each
test.
(iii) Instantaneous deflection shall be
measured and recorded for each
segment of the test; see paragraph
(e)(1)(i) of this section for permissible
deflections.
(iv) The seat-reference point (‘‘SRP’’)
in Figure C–14 is that point where the
vertical line that is tangent to the most
forward point at the longitudinal seat
centerline of the seat back, and the
horizontal line that is tangent to the
highest point of the seat cushion,
intersect in the longitudinal seat
section. The seat-reference point shall
be determined with the seat unloaded
and adjusted to the highest and most
rearward position provided for seated
operations of the tractor.
(v) When the centerline of the seat is
off the longitudinal center, the
protective-enclosure loading shall be on
the side with least space between the
centerline of the seat and the protective
enclosure.
(vi) Low-temperature characteristics
of the protective enclosure or its
material shall be demonstrated as
E:\FR\FM\29DER1.SGM
29DER1
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
specified in paragraph (e)(1)(ii) of this
section.
(vii) Rear input energy tests (static,
dynamic, or field-upset) need not be
performed on enclosures mounted to
tractors having four driven wheels and
more than one-half their unballasted
weight on the front wheels.
(viii) Accuracy table:
Measurements
Accuracy
sroberts on PROD1PC70 with RULES
Deflection of the enclosure, in. (mm) .......................................................
Vertical weight, pounds (kg) .....................................................................
Force applied to the enclosure, pounds force (newtons) .........................
Dimensions of the critical zone, in. (mm) .................................................
(ix) When movable or normally
removable portions of the enclosure add
to structural strength, they shall be
placed in configurations that contribute
least to structural strength during the
test.
(2) Static test procedure. (i) The
following test conditions shall be met:
(A) The laboratory mounting base
shall be the tractor chassis for which the
protective enclosure is designed, or its
equivalent; and
(B) The protective enclosure shall be
instrumented with the necessary
equipment to obtain the required loaddeflection data at the locations and
directions specified in Figures C–13 and
C–14.
(ii) The following definitions shall
apply:
W = Tractor weight (see 29 CFR
1928.31(a)) in lb (W′ in kg);
Eis = Energy input to be absorbed during
side loading in ft-lb (E′is in J [joules]);
Eis = 723 + 0.4 W (E′is = 100 + 0.12 W′);
Eir = Energy input to be absorbed during
rear loading in ft-lb (E′ir in J);
Eir = 0.47 W (E′ir = 0.14 W′);
L = Static load, lbf [pounds force], (N)
[newtons];
D = Deflection under L, in. (mm);
L–D = Static load-deflection diagram;
Lmax = Maximum observed static load;
Load Limit = Point on a continuous L–
D curve where the observed static
load is 0.8 Lmax on the down slope of
the curve (see Figure C–5);
Eu = Strain energy absorbed by the
protective enclosure in ft-lbs (J); area
under the L–D curve;
FER = Factor of energy ratio;
FERis = Eu/Eis; and
FERir = Eu/Eir
(iii) The test procedures shall be as
follows:
(A) When the protective-frame
structures are not an integral part of the
enclosure, the direction and point of
load application for both side and rear
shall be the same as specified in 29 CFR
1928.52(d)(2);
(B) When the protective-frame
structures are an integral part of the
enclosure, apply the rear load according
to Figure C–14, and record L and D
simultaneously. Rear-load application
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
77007
±
±
±
±
5 percent of
5 percent of
5 percent of
0.5 in. (12.5
the deflection measured.
the weight measured.
the force measured.
mm).
shall be distributed uniformly on the
frame structure over an area
perpendicular to the load application,
no greater than 160 sq. in. (1,032 sq. cm)
in size, with the largest dimension no
greater than 27 in. (686 mm). The load
shall be applied to the upper extremity
of the structure at the point that is
midway between the centerline of the
protective enclosure and the inside of
the protective structure. When no
structural cross member exists at the
rear of the enclosure, a substitute test
beam that does not add strength to the
structure may be used to complete this
test procedure. The test shall be stopped
when:
(1) The strain energy absorbed by the
structure is equal to or greater than the
required input energy Eir; or
(2) Deflection of the structure exceeds
the allowable deflection (see paragraph
(e)(1)(i) of this section); or
(3) The structure load limit occurs
before the allowable deflection is
reached in rear load (see Figure C–5);
(C) Using data obtained in paragraph
(d)(2)(iii)(B) of this section, construct
the L–D diagram for rear loads as shown
in Figure C–5;
(D) Calculate Eir;
(E) Calculate FERir;
(F) When the protective-frame
structures are an integral part of the
enclosure, apply the side load according
to Figure C–13, and record L and D
simultaneously. Static side-load
application shall be distributed
uniformly on the frame over an area
perpendicular to the direction of load
application, and no greater than 160 sq.
in. (1,032 sq. cm) in size, with the
largest dimension no greater than 27 in.
(686 mm). Side-load application shall be
at a 90° angle to the centerline of the
vehicle. The center of the side-load
application shall be located between
point k, 24 in. (610 mm) forward of the
seat-reference point, and point l, 12 in.
(305 mm) rearward of the seat-reference
point, to best use the structural strength
(see Figure C–13). This side load shall
be applied to the longitudinal side
farthest from the point of rear-load
application. The test shall be stopped
when:
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
(1) The strain energy absorbed by the
structure is equal to or greater than the
required input energy Eis; or
(2) Deflection of the structure exceeds
the allowable deflection (see paragraph
(e)(1)(i) of this section); or
(3) The structure load limit occurs
before the allowable deflection is
reached in side load (see Figure C–5);
(G) Using data obtained in paragraph
(d)(2)(iii)(F) of this section, construct
the L–D diagram for the side load as
shown in Figure C–5;
(H) Calculate FERis; and
(I) Calculate FERir.
(3) Dynamic test procedure. (i) The
following test conditions shall be met:
(A) The protective enclosure and
tractor shall be tested at the weight
defined by 29 CFR 1928.51(a);
(B) The dynamic loading shall be
accomplished by using a 4,410-lb
(2,000-kg) weight acting as a pendulum.
The impact face of the weight shall be
27 ± 1 in. by 27 ± 1 in. (686 ± 25 mm
by 686 ± 25 mm), and shall be
constructed so that its center of gravity
is within 1.0 in. (25.4 mm) of its
geometric center. The weight shall be
suspended from a pivot point 18 to 22
ft (5.5 to 6.7 m) above the point of
impact on the enclosure, and shall be
conveniently and safely adjustable for
height (see Figure C–6);
(C) For each phase of testing, the
tractor shall be restrained from moving
when the dynamic load is applied. The
restraining members shall have strength
no less than, and elasticity no greater
than, that of 0.50-in. (12.7-mm) steel
cable. Points of attachment for the
restraining members shall be located an
appropriate distance behind the rear
axle and in front of the front axle to
provide a 15° to 30° angle between the
restraining cable and the horizontal. For
impact from the rear, the restraining
cables shall be located in the plane in
which the center of gravity of the
pendulum will swing, or alternatively,
two sets of symmetrically located cables
may be used at lateral locations on the
tractor. For the impact from the side,
restraining cables shall be used as
shown in Figures C–15 and C–16;
E:\FR\FM\29DER1.SGM
29DER1
sroberts on PROD1PC70 with RULES
77008
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
(D) The front and rear wheel-tread
settings, when adjustable, shall be at the
position nearest to halfway between the
minimum and maximum settings
obtainable on the vehicle. When only
two settings are obtainable, the
minimum setting shall be used. The
tires shall have no liquid ballast, and
shall be inflated to the maximum
operating pressure recommended by the
manufacturer. With specified tire
inflation, the restraining cable shall be
tightened to provide tire deflection of 6
to 8 percent of nominal tire section
width. After the vehicle is retrained
properly, a wooden beam no smaller
than 6-in. x 6-in. (150-mm x 150-mm)
cross-section shall be driven tightly
against the appropriate wheels and
clamped. For the test to the side, an
additional wooden beam shall be placed
as a prop against the wheel nearest the
operator’s station, and shall be secured
to the base so that it is held tightly
against the wheel rim during impact.
The length of this beam shall be chosen
so that it is at an angle of 25° to 40° to
the horizontal when it is positioned
against the wheel rim. It shall have a
length 20 to 25 times its depth, and a
width two to three times its depth (see
Figures C–15 and C–16);
(E) Means shall be provided for
indicating the maximum instantaneous
deflection along the line of impact. A
simple friction device is illustrated in
Figure C–4;
(F) No repair or adjustments shall be
made during the test; and
(G) When any cables, props, or
blocking shift or break during the test,
the test shall be repeated.
(ii) H = Vertical height of the center
of gravity of a 4,410-lb (2,000-kg) weight
in in. (H′ in mm). The weight shall be
pulled back so that the height of its
center of gravity above the point of
impact is: H = 4.92 + 0.00190 W (H′ =
125 + 0.107 W′) (see Figure C–7).
(iii) The test procedures shall be as
follows:
(A) The enclosure structure shall be
evaluated by imposing dynamic loading
from the rear, followed by a load to the
side on the same enclosure structure.
The pendulum swinging from the height
determined by paragraph (d)(3)(ii) of
this section shall be used to impose the
dynamic load. The position of the
pendulum shall be so selected that the
initial point of impact on the protective
structure is in line with the arc of travel
of the center of gravity of the pendulum.
When a quick-release mechanism is
used, it shall not influence the attitude
of the block;
(B) Impact at rear. The tractor shall be
restrained properly according to
paragraphs (d)(3)(i)(C) and (d)(3)(i)(D) of
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
this section. The tractor shall be
positioned with respect to the pivot
point of the pendulum so that the
pendulum is 20° from the vertical prior
to impact as shown in Figure C–15. The
impact shall be applied to the upper
extremity of the enclosure structure at
the point that is midway between the
centerline of the enclosure structure and
the inside of the protective structure.
When no structural cross member exists
at the rear of the enclosure structure, a
substitute test beam that does not add to
the strength of the structure may be
used to complete the test procedure; and
(C) Impact at side. The blocking and
restraining shall conform to paragraphs
(d)(3)(i)(C) and (d)(3)(i)(D) of this
section. The center point of impact shall
be at the upper extremity of the
enclosure at a 90° angle to the centerline
of the vehicle, and located between a
point k, 24 in. (610 mm) forward of the
seat-reference point, and a point l, 12 in.
(305 mm) rearward of the seat-reference
point, to best use the structural strength
(see Figure C–13). The side impact shall
be applied to the longitudinal side
farthest from the point of rear impact.
(4) Field-upset test procedure. (i) The
following test conditions shall be met:
(A) The tractor shall be tested at the
weight defined in 29 CFR 1928.51(a);
(B) The following provisions address
soil bank test conditions.
(1) The test shall be conducted on a
dry, firm soil bank. The soil in the
impact area shall have an average cone
index in the 0-in. to 6-in. (0-mm to 152mm) layer of not less than 150. Cone
index shall be determined according to
American Society of Agricultural
Engineers (‘‘ASAE’’) recommendation
ASAE R313.1–1971 (‘‘Soil cone
penetrometer’’), as reconfirmed in 1975,
which is incorporated by reference. The
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. The path of
vehicle travel shall be 12° ± 2° to the top
edge of the bank.
(2) ASAE recommendation R313.1–
1971, as reconfirmed in 1975, appears in
the 1977 Agricultural Engineers
Yearbook, or it may be examined at:
Any OSHA Regional Office; the OSHA
Docket Office, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Room N–2625, Washington, DC 20210
(telephone: (202) 693–2350 (TTY
number: (877) 889–5627)); or the
National Archives and Records
Administration (‘‘NARA’’). (For
information on the availability of this
material at NARA, telephone (202) 741–
6030 or access the NARA Web site at
https://www.archives.gov/
federal_register/
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
code_of_federal_regulations/
ibr_locations.html.) Copies may be
purchased from the American Society of
Agricultural Engineers 2950 Niles Road,
St. Joseph, MI 49085.
(C) An 18-in. (457 mm) high ramp (see
Figure C–10) shall be used to assist in
upsetting the vehicle to the side; and
(D) The front and rear wheel-tread
settings, when adjustable, shall be at the
position nearest to halfway between the
minimum and maximum settings
obtainable on the vehicle. When only
two settings are obtainable, the
minimum setting shall be used.
(ii) Field upsets shall be induced to
the rear and side.
(A) Rear upset shall be induced by
engine power, with the tractor operating
in gear to obtain 3 to 5 mph (4.8 to 8.0
kph) at maximum governed engine rpm
by driving forward directly up a
minimum slope of 60° ± 5° as shown in
Figure C–11, or by an alternate
equivalent means. The engine clutch
may be used to aid in inducing the
upset; and
(B) To induce side upset, the tractor
shall be driven under its own power
along the specified path of travel at a
minimum speed of 10 mph (16 kph), or
at maximum vehicle speed when under
10 mph (16 kph), and over the ramp as
described in paragraph (d)(4)(i)(C) of
this section.
(e) Performance requirements. (1)
General requirements. (i) The protective
enclosure structural members or other
parts in the operator area may be
deformed in these tests, but shall not
shatter or leave sharp edges exposed to
the operator. They shall not encroach on
a transverse plane passing through
points d and f within the projected area
defined by dimensions d, e, and g, or on
the dimensions shown in Figures C–13
and C–14, as follows:
d = 2 in. (51 mm) inside of the
protective structure to the vertical
centerline of the seat;
e = 30 in. (762 mm) at the longitudinal
centerline;
f = Not greater than 4 in. (102 mm)
measured forward of the seatreference point (‘‘SRP’’) at the
longitudinal centerline as shown in
Figure C–14;
g = 24 in. (610 mm) minimum;
h = 17.5 in. (445 mm) minimum; and
j = 2.0 in. (51 mm) measured from the
outer periphery of the steering wheel.
(ii) The protective structure and
connecting fasteners must pass the static
or dynamic tests described in
paragraphs (d)(2), (d)(3), or (d)(4) of this
section at a metal temperature of 0 °F
(¥8 °C) or below, or exhibit Charpy Vnotch impact strengths as follows:
E:\FR\FM\29DER1.SGM
29DER1
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
sroberts on PROD1PC70 with RULES
10-mm x 10-mm (0.394-in. x 0.394-in.)
specimen: 8.0 ft-lb (10.8 J) at ¥20 °F
(¥30 °C);
10-mm x 7.5-mm (0.394-in. x 0.296-in.)
specimen: 7.0 ft-lb (9.5 J) at ¥20 °F
(¥30 °C);
10-mm x 5-mm (0.394-in. x 0.197-in.)
specimen: 5.5 ft-lb (7.5 J) at ¥20 °F
(¥30 °C); or
10-mm x 2.5-mm (0.394-in. x 0.098-in.)
specimen: 4.0 ft-lb (5.5 J) at ¥20 °F
(¥30 °C).
Specimens shall be longitudinal and
taken from flat stock, tubular, or
structural sections before forming or
welding for use in the protective
enclosure. Specimens from tubular or
structural sections shall be taken from
the middle of the side of greatest
dimension, not to include welds.
(iii) The following provisions address
glazing requirements.
(A) Glazing shall conform to the
requirements contained in Society of
Automotive Engineers (‘‘SAE’’) standard
J674–1963 (‘‘Safety glazing materials’’),
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
which is incorporated by reference. The
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
(B) SAE standard J674–1963 appears
in the 1965 SAE Handbook, or it may be
examined at: any OSHA Regional Office;
the OSHA Docket Office, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Room N–2625,
Washington, DC 20210 (telephone: (202)
693–2350 (TTY number: (877) 889–
5627)); or the National Archives and
Records Administration (‘‘NARA’’). (For
information on the availability of this
material at NARA, telephone (202) 741–
6030 or access the NARA Web site at
https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.) Copies may be
purchased from the Society of
Automotive Engineers, 400
Commonwealth Drive, Warrendale,
Pennsylvania 15096–0001.
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
77009
(iv) Two or more operator exits shall
be provided and positioned to avoid the
possibility of both being blocked by the
same accident.
(2) Static test-performance
requirements. In addition to meeting the
requirements of paragraph (e)(1) of this
section for both side and rear loads,
FERis and FER ir shall be greater than
1.0.
(3) Dynamic test-performance
requirements. The structural
requirements shall be met when the
dimensions in paragraph (e)(1) of this
section are used in both side and rear
loads.
(4) Field-upset test performance
requirements. The requirements of
paragraph (e)(1) of this section shall be
met for both side and rear upsets.
Appendix B to Subpart C—Figures C–1
through C–16
BILLING CODE 4510–16–P
E:\FR\FM\29DER1.SGM
29DER1
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00040
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.015
sroberts on PROD1PC70 with RULES
77010
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00041
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
77011
ER29DE05.016
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00042
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.017
sroberts on PROD1PC70 with RULES
77012
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00043
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
77013
ER29DE05.018
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00044
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.019
sroberts on PROD1PC70 with RULES
77014
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00045
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
77015
ER29DE05.020
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00046
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.021
sroberts on PROD1PC70 with RULES
77016
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00047
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
77017
ER29DE05.022
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00048
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.023
sroberts on PROD1PC70 with RULES
77018
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00049
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
77019
ER29DE05.024
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00050
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.025
sroberts on PROD1PC70 with RULES
77020
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00051
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
77021
ER29DE05.026
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00052
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.027
sroberts on PROD1PC70 with RULES
77022
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00053
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
77023
ER29DE05.028
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
VerDate Aug<31>2005
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
19:06 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00054
Fmt 4700
Sfmt 4725
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.029
sroberts on PROD1PC70 with RULES
77024
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
77025
BILLING CODE 4510–26–C
VerDate Aug<31>2005
19:57 Dec 28, 2005
Jkt 208001
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
E:\FR\FM\29DER1.SGM
29DER1
ER29DE05.030
sroberts on PROD1PC70 with RULES
[FR Doc. 05–24462 Filed 12–28–05; 8:45 am]
Agencies
[Federal Register Volume 70, Number 249 (Thursday, December 29, 2005)]
[Rules and Regulations]
[Pages 76979-77025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24462]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1926 and 1928
[Docket No. S-270-A]
RIN 1218-AC15
Roll-Over Protective Structures
AGENCY: Occupational Safety and Health Administration (OSHA), DOL.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: In 1996, OSHA published a technical amendment revising the
construction and agriculture standards that regulate testing of roll-
over protective structures (``ROPS'') used to protect employees who
operate wheel-type tractors. This revision removed the original ROPS
standards and replaced them with references to national consensus
standards for ROPS-testing
[[Page 76980]]
requirements. The Agency believed that the national consensus standards
essentially duplicated the ROPS standards they replaced, and that any
differences between them were not substantive. Subsequently, OSHA
identified several substantive differences between the national
consensus standards and the original ROPS standards. Therefore, the
Agency is reinstating the original ROPS standards by issuing this
direct final rule. The reinstated ROPS standards for both construction
and agriculture also contain a number of minor revisions that OSHA
believes are not substantive and will improve comprehension of, and
compliance with, the standards.
DATES: This direct final rule will become effective on February 27,
2006 unless significant adverse comment is received by January 30,
2006. If OSHA receives significant adverse comment, it will publish a
timely withdrawal of this rule. Submit comments to this direct final
rule by the following dates:
Hard copy: Submit (i.e., postmarked or sent) comments by regular
mail, express delivery, hand delivery, and courier service by January
30, 2006.
Electronic transmission and facsimile: Submit comments by January
30, 2006.
The incorporation by reference of specific publications listed in
this direct final rule is approved by the Director of the Federal
Register as of February 27, 2006.
ADDRESSES: Submit written comments to this direct final rule--
identified by docket number S-270-A or RIN number 1218-AC15--by any of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
OSHA's Web site: https://dockets.osha.gov/. Follow the
instructions for submitting comments.
Facsimile: When written comments are 10 pages or fewer,
fax them to the OSHA Docket Office at (202) 693-1648.
Regular mail, express delivery, hand delivery, and courier
service: Submit three copies to the OSHA Docket Office, Docket No. S-
270-A, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-
2625, Washington, DC 20210; telephone: (202) 693-2350. (OSHA's TTY
number is (877) 889-5627.) Please note that security-related problems
may result in significant delays in receiving comments and other
written materials by regular mail. Telephone the OSHA Docket Office at
(202) 693-2350 for information regarding security procedures concerning
delivery of materials by express delivery, hand delivery, and messenger
service. The hours of operation for the Docket Office are 8:15 a.m. to
4:45 p.m., EST.
Additional materials: When a commenter would like to submit
additional materials (e.g., studies, journal articles) to supplement
comments that were submitted electronically or by facsimile, these
materials must be sent, in triplicate hard copy, to the OSHA Docket
Office, Technical Data Center, Room N-2625, OSHA, U.S. Department of
Labor, 200 Constitution Ave., NW., Washington, DC 20210. These
materials must clearly identify the sender's name, date, subject, and
docket number (S-270-A) or RIN number (1218-AC15) to enable the Agency
to attach them to the appropriate comments.
Personal information: OSHA will make available to the public,
without revision, all comments and other materials submitted to the
docket, including any personal information. Therefore, the Agency
cautions commenters about submitting statements they do not want made
available to the public, or submitting comments that contain personal
information (either about themselves or others) such as social security
numbers, birth dates, and medical data.
FOR FURTHER INFORMATION CONTACT: For general information and press
inquiries, contact Mr. Kevin Ropp, Director, Office of Communications,
OSHA, U.S. Department of Labor, Room N-3637, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone: (202) 693-1999; fax: (202) 693-
1634. For technical inquiries, contact Mr. Mark Hagemann, Acting
Director, Office of Safety Systems, OSHA, U.S. Department of Labor,
Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone: (202) 693-2255; fax: (202) 693-1663. For detailed
instructions on submitting comments and for additional information on
the rulemaking process, see the ``Public Participation'' heading under
the section below titled Supplementary Information.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Direct Final Rulemaking
II. Summary and Explanation of the Rulemaking
A. Basis for the Rulemaking
B. Substantive Differences Between the Standards
C. Minor Revisions to the Original OSHA ROPS Standards
III. Procedural Determinations
A. Legal Considerations
B. Economic Analysis and Regulatory Flexibility Certification
C. Paperwork Reduction Act
D. Federalism
E. State-Plan States
F. Unfunded Mandates Reform Act
G. Public Participation
List of Subjects
Authority and Signature
IV. Amended Standards
I. Direct Final Rulemaking
The Agency uses direct final rulemaking when it expects that a rule
will not be controversial. Examples of such rules include minor
substantive revisions to regulations, incorporation by reference of the
latest edition of a technical or industry consensus standard, and
direct incorporations of mandates from new legislation. In direct final
rulemaking, OSHA publishes a final rule in the Federal Register with a
statement that, unless it receives a significant adverse comment by a
specified date, the rule will become effective on a designated date
thereafter.
OSHA believes that the subject of this rulemaking is suitable for a
direct final rule. The Agency bases this decision on substantive
differences found between the original OSHA standards on roll-over
protective structures (``ROPS'') for the construction and agriculture
industries and the national consensus standards issued by the Agency
under a 1996 technical amendment to replace the original standards. By
replacing the original ROPs testing provisions through a technical
amendment, OSHA denied the regulated community an opportunity for
notice-and-comment on these substantive differences as required under
the Administrative Procedures Act (5 U.S.C. 553(b)) and the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)(2) and
(b)(3)). Therefore, the Agency has concluded that it has a legal
obligation to the regulated community to reinstate the original OSHA
standards through this direct final rule. (See section II.A below
(``Basis for the Rulemaking'') for a detailed discussion of the
Agency's legal analysis of this issue.)
Having concluded that this reinstatement action constitutes a
binding legal obligation, the Agency will consider as significant
adverse comments only those comments that address: (1) The lawfulness
of the procedures used to promulgate the 1996 technical amendment as
these procedures relate to the ROPs testing provisions; and (2) whether
the minor revisions made to the original ROPS standards in this direct
final rule (see a description of these revisions under section II.C of
this preamble) are reasonable or appropriate.
The Agency often publishes an identical proposed rule
simultaneously
[[Page 76981]]
with a direct final rule. In this instance, however, OSHA is not
publishing a companion proposed rule. Should OSHA receive any
significant adverse comments to this direct final rule, it will
withdraw the rule and determine, based on the comments submitted to the
record, whether to issue a proposed rule in the future. Accordingly, if
OSHA receives timely significant adverse comments on the two issues
described in the previous paragraph, it will publish notice of the
significant adverse comments in the Federal Register and withdraw this
direct final rule no later than February 27, 2006.
II. Summary and Explanation of the Rulemaking
A. Basis for the Rulemaking
On March 7, 1996, OSHA published a technical amendment in the
Federal Register that revised a number of its standards. Section II.G
of the amendment revised the construction and agriculture standards
that regulate testing of roll-over protective structures (``ROPS'');
employers use these structures to protect employees who operate wheel-
type tractors. (See 61 FR 9228.) ROPS testing determines the capacity
of ROPS components to absorb energy (i.e., withstand fracturing) during
loadings administered under field and/or laboratory conditions, and
under different temperature conditions. The revision removed the
original, detailed ROPS-testing standards and referred instead to
national consensus standards for substantive ROPS-testing requirements.
The 1996 technical amendment was part of an OSHA initiative to
``undertake a line-by-line review of * * * regulations to determine
where they could be simplified or clarified'' (61 FR 9228).
The Administrative Procedures Act (APA) (5 U.S.C. 553(b)), the
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C.
655(b)(2) and (b)(3)), and OSHA's procedural regulations (29 CFR
1911.5) require that OSHA provide notice and an opportunity for comment
during substantive rulemaking. However, in the preamble to the 1996
technical amendment, the Agency noted that the technical amendment did
not revise the original ROPS standards in any material fashion, and
that ``[t]he substantive requirements are unchanged'' between the
original ROPS standards and the consensus standards that replaced them
(61 FR 9229). For this reason, OSHA determined that the technical
amendment did not require notice and an opportunity for comment because
it satisfied the ``unnecessary'' exemption specified by the APA (5
U.S.C. 553(b).\1\ Relying on the ``unnecessary'' exemption to notice
and comment, the Agency stated:
---------------------------------------------------------------------------
\1\ The three exemptions Specified by this provision of the APA
are: Impracticable, unnecessary and contrary to the public interest.
OSHA has determined that this rulemaking is not subject to the
procedures for public notice-and-comment rulemaking specified under
section 4 of the Administrative Procedure Act (5 U.S.C. 553) or sec.
6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C.
655(b)) because this rulemaking does not affect the substantive
requirements or coverage of the standards involved. This rulemaking
does not modify or revoke existing rights and obligations, and new
rights and obligations have not been established. Under this
rulemaking, the Agency is merely correcting or clarifying existing
regulatory requirements. OSHA therefore finds that public notice-
and-comment procedures are unnecessary within the meaning of 5
---------------------------------------------------------------------------
U.S.C. 553(b)(3)(B) and 29 CFR 1911.5. (61 FR 9229.)
Several years after issuing the 1996 technical amendment, the
Agency was informed that several of the original OSHA ROPS provisions
differed substantively from the national consensus standards for the
construction and agriculture industries (Ex. 4-7). In response to this
information, the Agency conducted a thorough evaluation of its original
ROPS standards and the ROPS testing requirements contained in the
national consensus standards referenced in its current construction and
agriculture ROPS standards. OSHA has included in the docket for this
rulemaking four side-by-side comparisons of the differences found
between the original OSHA standards and the referenced national
consensus standards (Exs. 4-1 to 4-4).
Based on the findings of this evaluation, which are described in
detail in the following section, the Agency has concluded that
differences do exist between its original construction and agriculture
ROPS standards and the ROPS standards implemented under the 1996
technical amendment, that these differences have a substantial impact
on the regulated community, and that OSHA incorrectly applied the APA's
``unnecessary'' exemption to the ROPs testing procedures. This
conclusion is consistent with existing case law. For example, in
Utility Solid Waste Activities Group v. Environmental Protection
Agency, 236 F.3d 749 (D.C. Cir. 2001), the court found that an EPA
technical amendment had a significant impact on the regulated community
and, most importantly, that it did not meet any of the three exemptions
to notice-and-comment rulemaking specified by the APA i.e., 5 U.S.C.
553(b)(B) (Id. at 754)). In vacating the technical amendment, the court
stated, ``The amendment * * * constituted agency action `without
observance of [the] procedure required by law' and, as such, it is
`unlawful and set aside.' 5 U.S.C. 706(2)(D).''
The substantive differences found between the standards and the
legal analysis described in the preceding paragraphs support the
Agency's conclusion that reinstating the original OSHA standards
through this direct final rule is necessary and appropriate.
Specifically, the Agency is revoking the references to the national
consensus standards for ROPS testing located in paragraphs 29 CFR
1926.1002(a)(i), 1926.1003(a)(i), and 1928.51(b)(1) and reinstating in
the construction and agriculture standards the original OSHA ROPS
testing provisions. For both the reinstated construction and
agriculture ROPS standards, the Agency also has made a number of minor
revisions to its original ROPS standards. OSHA believes that these
minor revisions will improve comprehension of, and compliance with, the
reinstated standards without making substantive revisions.
The following section highlights the substantive differences
between its original ROPS testing requirements and the testing
provisions of the consensus standards referenced in its current ROPS
construction and agriculture standards. The Agency describes in section
II.C below the minor revisions it is making to the original OSHA ROPS
standards under this direct final rule.
B. Substantive Differences Between the Standards
Construction standards. In revising the ROPS standards for
construction in the 1996 technical amendment, the Agency deleted
paragraphs (c) through (i) and (k) from 29 CFR 1926.1002, which
addressed testing of protective frames for wheel-type tractors used in
construction, and replaced them with a reference to Society of
Automotive Engineers (``SAE'') consensus standard J334a-1970 in
paragraph (a)(1) of revised 29 CFR 1926.1002. The Agency also revised
29 CFR 1926.1003, specifying testing requirements for overhead
protection used with tractors, by removing paragraphs (c) through (g)
and substituting a reference to SAE consensus standard J167-1970 in
paragraph (a)(1) of the revised standard.
While most of the revisions to the construction ROPS standards made
in the 1996 technical amendment were nonsubstantive, the Agency
identified
[[Page 76982]]
two substantive revisions. The first revision involved paragraph (c)(1)
of original 29 CFR 1926.1002, which allowed the regulated community to
use either a laboratory test or a field test for impact testing, while
the SAE standard requires both tests. Accordingly, this direct final
rule reinstates the impact-testing option provided by paragraph (c)(1)
of original 29 CFR 1926.1002, and which is not available in the SAE
standard. (See Ex. 4-1.)
The second revision addressed paragraphs (i)(ii) of original 29 CFR
1926.1002 and (f)(1) of original 29 CFR 1926.1003, in combination with
paragraph (f)(2)(iv) of 29 CFR 1926.1001. These paragraphs permitted
manufacturers to conduct the required performance tests using either
zero-degree Fahrenheit (0 [deg]F) testing or Charpy V-notch testing,
while the SAE standard specifies that performance tests must be
conducted only at 0 [deg]F.\2\ Therefore, reinstating the original OSHA
standards will provide an additional cold-temperature testing option
not available in the SAE standard. (See Exs. 4-1 and 4-2.)
---------------------------------------------------------------------------
\2\ These two tests determine, under controlled laboratory
conditions, the reduced-temperature ductility of the carbon steel
used to make ROPS. Generally, the less ductile the steel, the more
likely it is to fracture with impact during reduced-temperature
exposure (thereby losing its protective features). The 0 [deg]F
test, used principally by ROPS manufacturers, involves administering
impacts and/or loads to the entire ROPS at 0 [deg]F, while the
Charpy V-notch test, used primarily by steel manufacturers, applies
impacts to steel specimens of a predetermined size at several
reduced-temperature levels.
---------------------------------------------------------------------------
Agriculture standards. In revising the ROPS standards for the
agriculture industry, the Agency deleted entirely original 29 CFR
1928.52 and 1928.53, as well as Appendix B to subpart C of 29 CFR part
1928. The deleted standards specified procedures for testing,
respectively, protective frames and enclosures for wheel-type tractors
used in agriculture, while Appendix B provided diagrams depicting these
testing procedures. In place of these requirements, OSHA referenced SAE
consensus standard J334a-1970 and American Society of Agricultural
Engineers (``ASAE'') consensus standard S306.3-1974 for protective
frames, and SAE consensus standard J168-1970 and ASAE consensus
standard S336.1-1974 for protective enclosures, in paragraph (b)(1) of
revised 29 CFR 1928.51.
For both protective frames and protective enclosures, the testing
conducted under the ASAE and SAE standards generally is consistent with
the testing requirements of the original OSHA standards. However, the
Agency found several substantive differences between the original OSHA
standards and the consensus standards (for testing both protective
frames and protective enclosures) that replaced them. First, both the
original OSHA standards and the ASAE standards differ substantively
from the SAE standards by providing an exemption from field-upset
testing based on results for either the static or dynamic versions of
the laboratory energy-absorption test,\3\ while the SAE standards
require field-upset testing only under dynamic test conditions.
Consequently, this direct final rule will reinstate the testing
exemption found in the original OSHA ROPS standards. (See Exs. 4-3 and
4-4.) Second, the original OSHA and the SAE standards allow either
static or dynamic testing at 0 [deg]F, while the ASAE standards limit
testing at 0 [deg]F to dynamic testing. Therefore, reinstating the
original OSHA standards under this direct final rule restores the
testing option found in the original OSHA standards, but which is not
in the ASAE standards. (See Exs. 4-3 and 4-4.) Finally, as an
alternative to 0 [deg]F testing, the original OSHA and ASAE standards
offer the Charpy V-notch test, while the SAE standards do not.
Accordingly, reinstating the original OSHA standard will provide an
additional cold-temperature testing option not available in the SAE
standards. (See Exs. 4-3 and 4-4.)
---------------------------------------------------------------------------
\3\ The laboratory energy-absorption test assesses the energy
(measured as force multiplied by distance) absorbed by ROPS during
laboratory-controlled rear and side impacts. During testing, ROPS
components bend as they absorb energy; however, such bending must
not exceed the deflection values specified by the OSHA standards
(these values represent thresholds beyond which the deflection may
endanger the tractor operator). Generally, the tests have a safety
margin (e.g., 15%), which means that additional deflection equal to
the specified safety margin is possible without jeopardizing safety.
The laboratory-based test is derived from the energy-absorbing
results obtained for ROPS tested during rear or side field-upset
tests, i.e., deflection values are comparable when the same ROPS and
tractors are evaluated under the two testing conditions.
---------------------------------------------------------------------------
C. Minor Revisions to the Original OSHA ROPS Standards
Paragraph (c)(1) of OSHA's original 29 CFR 1926.1002 contains an
editorial error. The original paragraph states that laboratory or field
tests ``determine the performance requirements set forth in paragraph
(c)(1) of this [standard].'' However, paragraph (i) of the standard,
not paragraph (c)(1), provides the performance requirements that the
tests must determine. Therefore, OSHA is correcting the reference
accordingly.
The Agency also is making two additional revisions related to the
original construction standards for ROPS. First, as noted in Ex. 4-1,
paragraph 5.3.2 of SAE consensus standard J334a-1970 defines the term
``Pu'' as the ``[u]ltimate force capacity of mounting
connection, lb (kg).'' However, paragraph (j)(3) of original 29 CFR
1926.1002 lists no definition for this term. Since the original OSHA
standard duplicates the remaining terminology of the SAE consensus
standard, this rulemaking will add this term and the SAE consensus
standard definition to reinstated 29 CFR 1926.1002(j)(3). Second, in
reinstating the original 29 CFR 1926.1002 and 1926.1003 standards, OSHA
is removing the following sentence from paragraphs (k) and (g) of these
respective standards: ``The SAE standard shall be used in the event
that questions of interpretation arise.'' The Agency is removing this
sentence because the referenced SAE standard provides no additional
information on which to base such interpretations.
Finally, the Agency is making a number of plain-language revisions
to the regulatory text of the original OSHA ROPS standards for the
construction and agriculture industries. The Agency finds that using
plain language will improve the comprehensibility of these provisions.
These improvements will, in turn, enhance employer compliance with the
revised provisions and, concomitantly, increase the protection afforded
to employees. OSHA believes that rewriting these provisions in plain
language did not alter the substantive requirements of the existing
provisions.
III. Procedural Determinations
A. Legal Considerations
The purpose of the Occupational Safety and Health Act of 1970
(``OSH Act''), 29 U.S.C. 651 et seq., is ``to assure so far as possible
every working man and woman in the nation safe and healthful working
conditions and to preserve our human resources.'' (29 U.S.C. 651(b).)
To achieve this goal, Congress authorized the Secretary of Labor to
promulgate and enforce occupational safety and health standards. (29
U.S.C. 655(b) and 654(b).) A safety or health standard is a standard
``which requires conditions, or the adoption or use of one or more
practices, means, methods, operations, or processes, reasonably
necessary or appropriate to provide safe or healthful employment or
places of employment.'' (29 U.S.C. 652(8).) A standard is reasonably
necessary or appropriate within the meaning of Section 652(8) when a
significant risk of material harm exists in the workplace and the
standard will reduce substantially or eliminate that workplace risk.
[[Page 76983]]
OSHA based its original ROPS standards on evidence that these
structures are necessary to ensure proper employee protection should
wheel-type tractors become unstable and roll backwards or to the side.
For this direct final rule, the Agency has determined that the original
OSHA construction and agriculture ROPS standards meet the statutory
requirements of Section 652(8) of the OSH Act. In addition, OSHA finds
that this direct final rule does not increase employers' compliance
burdens (see section B (``Economic Analysis and Regulatory Flexibility
Certification'') below). Consequently, it is unnecessary to determine
significant risk, or the extent to which the direct final rule would
reduce that risk, as would typically be required by Industrial Union
Department, AFL-CIO v. American Petroleum Institute, 448 U.S. 607
(1980).
Because OSHA replaced its original ROPs testing provisions through
a technical amendment, the regulated community did not have an
opportunity for notice and comment on the substantive differences
between the original ROPs testing provisions and the consensus
standards that replaced them. Such notice and comment are required by
the Administrative Procedures Act (5 U.S.C. 553(b)), the Occupational
Safety and Health Act of 1970 (29 U.S.C. 655(b)(2) and (b)(3)), and
OSHA's procedural regulations (29 CFR 1911.5). Therefore, the Agency
has concluded that it has a legal obligation to the regulated community
to reinstate the original OSHA standards through this direct final
rule.
B. Economic Analysis and Regulatory Flexibility Certification
OSHA's Economic Analysis and Regulatory Flexibility Analysis
address issues related to the costs, benefits, technological
feasibility, and economic impacts (including small business impacts) of
this direct final rule reinstating the Agency's original ROPS
standards.
Executive Order (``E.O.'') 12866 requires regulatory agencies to
conduct an economic analysis for rules that meet certain criteria. The
most frequently used criterion under E.O. 12866 is that the rule will
have an annual cost impact on the economy of $100 million or more.
Neither the benefits nor the costs of this direct final rule exceed
$100 million. Nevertheless, the Agency has prepared this economic
analysis to summarize this direct final rule's impact, and has
concluded that it is not an economically significant regulatory action
under E.O. 12866.
Although this direct final rule applies to employers in
construction and agriculture so that their employees may operate safe
equipment (i.e., wheel-type tractors), it more directly affects
equipment manufacturers. Equipment manufacturers design and build
machines that have ROPS to meet the testing criteria specified in
OSHA's ROPS standards. Fewer than 10 original equipment manufacturers
are directly affected by this direct final rule (see Ex. 4-5).
Employers in the construction and agriculture industries who purchase
and use wheel-type tractors are in violation of OSHA's ROPS standards
and are subject to penalty when the tractors do not have protective
structures meeting these standards. Therefore, employers in the
construction and agriculture industries would be affected indirectly if
changing the ROPS testing procedures were to change the price of
equipment.
For the purposes of its economic analyses, OSHA generally defines
small firms as firms with fewer than 1,000 employees (using the Small
Business Administration's definition); however, the Agency may use
smaller size categories as well. None of the original equipment
manufacturers affected by this direct final rule is a small employer
under any of these definitions. However, some small manufacturing firms
(e.g., with fewer than 20 employees) may retrofit older, existing
equipment with custom-made ROPS, and these firms may be affected by
this direct final rule.
As explained in the preamble above, this direct final rule provides
equipment manufacturers with more options for testing ROPS than the
current OSHA ROPS standards. Therefore, none of the provisions in the
direct final rule impose conditions that would generate new costs for
equipment manufacturers, including small manufacturing firms. Cost
savings under the direct final rule, if any, depend on the extent that
equipment manufacturers choose to avail themselves of its alternative
provisions. The Agency has not quantified the benefit of the increased
testing options to manufacturers. The reinstated standards are both
technologically and economically feasible and do not impose new
compliance costs on equipment manufacturers or on the construction and
agriculture industries. The Agency concludes that the economic impact
of the direct final rule will be negligible on any of the potentially
affected industries, including potentially affected small employers.
The Regulatory Flexibility Act of 1980 (``RFA''), as amended by the
Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
601 et seq.), requires regulatory agencies to determine whether
regulatory actions will adversely affect small entities. OSHA's
threshold criteria for identifying a significant impact include costs
exceeding one percent of revenues or five percent of profits. When
costs exceed either threshold, then the Agency considers the impact on
small entities to be significant for purposes of complying with the
RFA. Employers will incur no significant costs of complying with this
direct final rule. Accordingly, OSHA certifies that this regulation
will not have a significant impact on a substantial number of small
entities. In addition, the direct final rule is not a major rule as
defined by Section 804 of the Congressional Review Act (5 U.S.C. 801 et
seq.).
C. Paperwork Reduction Act
After analyzing the provisions of this direct final rule in terms
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. and 5
CFR part 1320), OSHA has determined that these provisions do not impose
any collection-of-information (i.e., ``paperwork'') requirements on
employers in the construction and agriculture industries who use ROPS
to protect employees who operate wheel-type tractors. While several of
the provisions reinstated by this direct final rule require that test
data be recorded or verified (i.e., 29 CFR 1926.1002(d)(3), (d)(6),
(g)(2)(i), (g)(2)(ii), and (g)(2)(iii); 1928.52(d)(2)(iii)(A) and
(d)(2)(iii)(F); and 1928.53(d)(1)(iii) and (d)(2)(iii)(B)), these
information-collection requirements apply only to ROPS manufacturers,
not to the employers who use ROPS on wheel-type tractors. OSHA also
concludes that, as a matter of usual and customary business practice,
manufacturers record and verify ROPS testing information to ensure the
integrity of protective frames and enclosures, and notes that the
current SAE and ASAE consensus standards for ROPS require that
manufacturers record and verify ROPS test data.
Members of the public may send comments on this paperwork
determination to: Office of Information and Regulatory Affairs
(Attention: Desk Officer for OSHA), OMB, Room 10235, 726 Jackson Place,
NW., Washington, DC 20503. However, no comment received on this
paperwork determination will be considered by the Agency to be a
``significant adverse comment'' as specified above under section I
(``Direct Final Rulemaking'').
[[Page 76984]]
D. Federalism
The Agency reviewed the direct final rule according to the most
recent Executive Order (``E.O.'') on Federalism (Executive Order 13132,
64 FR 43225, August 10, 1999). This E.O. requires that Federal
agencies, to the extent possible, refrain from limiting State policy
options, consult with States before taking actions that restrict their
policy options, and take such actions only when clear constitutional
authority exists and the problem is national in scope. The E.O. allows
Federal agencies to preempt State law only with the expressed consent
of Congress. In such cases, Federal agencies must limit preemption of
State law to the extent possible.
Under Section 18 of the Occupational Safety and Health Act of 1970
(``OSH Act''; 29 U.S.C. 651 et seq.), Congress expressly provides OSHA
with authority to preempt State occupational safety and health
standards. Under the OSH Act, a State can avoid preemption under
Section 18 only when it submits, and obtains Federal approval of, a
plan for the development and enforcement of safety and health standards
(i.e., ``State-Plan State''; see 29 U.S.C. 667). Occupational safety
and health standards developed by a State-Plan State must be at least
as effective in providing safe and healthful employment and places of
employment as the Federal standards. Subject to these requirements, a
State-Plan State is free to develop and enforce under State law its own
requirements for safety and health standards.
The Agency concludes that this direct final rule complies with E.O.
13132. In States without OSHA-approved State Plans, Congress expressly
provides for OSHA standards to preempt State job safety and health
rules in areas addressed by Agency standards; in these States, the
direct final rule limits State policy options in the same manner as
every Agency standard. In States with OSHA-approved State Plans, this
action does not significantly limit State policy options.
E. State-Plan States
When Federal OSHA promulgates a new standard or imposes additional
or more stringent requirements than an existing standard, the 26 States
and U.S. Territories with their own OSHA-approved occupational safety
and health plans must revise their standards to reflect the new
standard or amendment, or show the Agency why such action is
unnecessary, e.g., because an existing State standard covering this
area already is at least as effective as the new Federal standard or
amendment (29 U.S.C. 553.5(a)). The State standard must be at least as
effective as the final Federal rule, must be applicable to both the
private and public (i.e., State and local government employees)
sectors, and must be completed within six months of the publication
date of the final Federal rule. When OSHA promulgates a new standard or
amendment that does not impose additional or more stringent
requirements than an existing standard, States are not required to
revise their standards, although the Agency may encourage them to do
so. The 26 States and Territories with OSHA-approved State plans are:
Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland,
Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto
Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington,
and Wyoming. Connecticut, New Jersey, New York, and the Virgin Islands
have OSHA-approved State plans that apply to State and local government
employees only. Although this direct final rule does not impose any
additional or more stringent requirements on employers compared to the
existing standard, the Agency strongly encourages the States and
Territories with their own State Plans that currently do not include
the original OSHA ROPS testing standards in their construction and
agriculture standards to adopt the revisions promulgated under this
direct final rule within six months of the date of this Federal
Register notice, unless OSHA withdraws the Direct Final Rule following
the end of the comment period.
F. Unfunded Mandates Reform Act
OSHA has reviewed this direct final rule according to the Unfunded
Mandates Reform Act of 1995 (``UMRA''; 2 U.S.C. 1501 et seq.) and
Executive Order 12875. As discussed above in section III.B (``Final
Economic Analysis and Regulatory Flexibility Certification'') of this
preamble, the Agency has determined that this direct final rule imposes
no additional costs on any private-or public-sector entity.
Accordingly, this direct final rule requires no additional expenditures
by either public or private employers.
As noted earlier, the Agency's standards do not apply to State and
local governments, except in States that have voluntarily elected to
adopt a State plan approved by the Agency. Consequently, this direct
final rule does not meet the definition of a ``Federal
intergovernmental mandate'' (see Section 421(5) of the UMRA (2 U.S.C.
658(5)). In conclusion, this direct final rule does not mandate that
State, local, and tribal governments adopt new, unfunded regulatory
obligations.
G. Public Participation
The Agency requests that interested members of the public who
submit written comments concerning this direct final rule do so using
any of the methods listed above in the section titled Addresses. Note,
however, that the Agency has defined a significant adverse comment as
only those comments that address: (1) The lawfulness of the procedures
used to promulgate the 1996 technical amendment as these procedures
relate to the ROPs testing provisions; or (2) whether the minor
revisions made to the original ROPS standards in this direct final rule
are reasonable or appropriate.
OSHA will post all comments received, without revision, to https://
dockets.osha.gov, including any personal information provided. The
Agency cautions commenters about submitting personal information such
as social security numbers and birth dates. For access to materials in
the docket, including background documents and comments received, go to
https://dockets.osha.gov. Contact the OSHA Docket Office for information
about materials not available through the OSHA webpage, and for
assistance in using the webpage to locate docket submissions.
If the Agency receives no significant adverse comment regarding
this direct final rule, it will publish a Federal Register notice
confirming the effective date of this direct final rule. For the
purpose of judicial review, OSHA views the date that it confirms the
effective date of the direct final rule to be the date of issuance.
Additionally, such confirmation may include minor stylistic or
technical changes to the regulatory language provided by this notice.
If OSHA receives significant adverse comment on this direct final rule,
it will withdraw the direct final rule and determine, based on the
comments submitted to the record, whether to issue a proposed rule in
the future.
List of Subjects
29 CFR Part 1926
Construction industry, Incorporation by reference, Motor vehicle
safety, Occupational safety and health.
29 CFR Part 1928
Agriculture, Incorporation by reference, Motor vehicle safety,
Occupational safety and health.
[[Page 76985]]
Authority and Signature
Jonathan L. Snare, Acting Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210 authorized the
preparation of this direct final rule. The Agency is issuing this
direct final rule under the following authorities: Sections 4, 6, and 8
of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Section 3704 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 3701 et seq.); Secretary of Labor's Order No. 5-2002 (67 FR
65008); and 29 CFR part 1911.
Signed at Washington, DC on December 13, 2005.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
IV. Amended Standards
0
Based on the reasons presented in the preamble to this direct final
rule, OSHA is amending 29 CFR parts 1926 and 1928 as follows:
PART 1926--[AMENDED]
Subpart W--[Amended]
0
1. Revise the authority citation for subpart W of part 1926 to read as
follows:
Authority: Section 3704 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); and Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76
(41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR
111), 3-2000 (65 FR 50017), or 5-2002 (67 FR 65008), as applicable.
0
2. Revise Sec. Sec. 1926.1002 and 1926.1003 and add a new Appendix A
to subpart W, to read as follows:
Sec. 1926.1002 Protective frames (roll-over protective structures,
known as ROPS) for wheel-type agricultural and industrial tractors used
in construction.
(a) General. (1) The purpose of this section is to set forth
requirements for frames used to protect operators of wheel-type
agricultural and industrial tractors that will minimize the possibility
of operator injury resulting from accidental upsets during normal
operation. With respect to agricultural and industrial tractors, the
provisions of 29 CFR 1926.1001 and 1926.1003 for rubber-tired dozers
and rubber-tired loaders may be used instead of the requirements of
this section.
(2) The protective frame that is the subject of this standard is a
structure mounted to the tractor that extends above the operator's seat
and conforms generally to Figure W-14.
(3) When an overhead weather shield is attached to the protective
frame, it may be in place during testing, provided that it does not
contribute to the strength of the protective frame. When such an
overhead weather shield is attached, it must meet the requirements of
paragraph (i) of this section.
(4) For overhead protection requirements, see 29 CFR 1926.1003.
(5) The following provisions address requirements for protective
enclosures.
(i) When protective enclosures are used on wheel-type agricultural
and industrial tractors, they shall meet the requirements of Society of
Automotive Engineers (``SAE'') standard J168-1970 (``Protective
enclosures--test procedures and performance requirements''), which is
incorporated by reference. The incorporation by reference was approved
by the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
(ii) SAE standard J168-1970 appears in the 1971 SAE Handbook, or it
may be examined at: any OSHA Regional Office; the OSHA Docket Office,
U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-2625,
Washington, DC 20210 (telephone: (202) 693-2350 (TTY number: (877) 889-
5627)); or the National Archives and Records Administration (``NARA'').
(For information on the availability of this material at NARA,
telephone (202) 741-6030 or access the NARA Web site at
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html.) Copies may be purchased from the Society of Automotive
Engineers, 400 Commonwealth Drive, Warrendale, Pennsylvania 15096-0001.
(b) Applicability. The requirements of this section apply to wheel-
type agricultural and industrial tractors used in construction work.
See paragraph (j) of this section for definitions of agricultural
tractors set forth in paragraph (i) of this section.
(c) Performance requirements. (1) Either a laboratory test or a
field test is required to determine the performance requirements set
forth in paragraph (i) of this section.
(2) A laboratory test may be either static or dynamic. The
laboratory test must be under conditions of repeatable and controlled
loading to permit analysis of the protective frame.
(3) A field-upset test, when used, shall be conducted under
reasonably controlled conditions, both rearward and sideways to verify
the effectiveness of the protective frame under actual dynamic
conditions.
(d) Test procedures--general. (1) The tractor used shall be the
tractor with the greatest weight on which the protective frame is to be
used.
(2) A new protective frame and mounting connections of the same
design shall be used for each test procedure.
(3) Instantaneous and permanent frame deformation shall be measured
and recorded for each segment of the test.
(4) Dimensions relative to the seat shall be determined with the
seat unloaded and adjusted to its highest and most rearward latched
position provided for a seated operator.
(5) When the seat is offset, the frame loading shall be on the side
with the least space between the centerline of the seat and the
upright.
(6) The low-temperature impact strength of the material used in the
protective structure shall be verified by suitable material tests or
material certifications according to 29 CFR 1926.1001(f)(2)(iv).
(e) Test procedure for vehicle overturn. (1) Vehicle weight. The
weight of the tractor, for purposes of this section, includes the
protective frame, all fuels, and other components required for normal
use of the tractor. Ballast must be added when necessary to achieve a
minimum total weight of 130 lb (59 kg) per maximum power-takeoff
horsepower at the rated engine speed. The weight of the front end must
be at least 33 lb (15 kg) per maximum power-takeoff horsepower. In case
power-takeoff horsepower is unavailable, 95 percent of net engine
flywheel horsepower shall be used.
(2) Agricultural tractors shall be tested at the weight set forth
in paragraph (e)(1) of this section.
(3) Industrial tractors shall be tested with items of integral or
mounted equipment and ballast that are sold as standard equipment or
approved by the vehicle manufacturer for use with the vehicle when the
protective frame is expected to provide protection for the operator
with such equipment installed. The total vehicle weight and front-end
weight as tested shall not be less than the weights established in
paragraph (e)(1) of this section.
(4) The following provisions address soil bank test conditions.
(i) The test shall be conducted on a dry, firm soil bank as
illustrated in Figure W-15. The soil in the impact area shall have an
average cone index in the 0-in. to 6-in. (0-mm to 153-mm) layer not
less than 150 according to American Society of Agricultural Engineers
(``ASAE'') recommendation ASAE R313.1-1971 (``Soil cone
[[Page 76986]]
penetrometer''), as reconfirmed in 1975, which is incorporated by
reference. The incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. The path of vehicle travel shall be 12[deg]
2[deg] to the top edge of the bank.
(ii) ASAE recommendation ASAE R313.1-1971, as reconfirmed in 1975,
appears in the 1977 Agricultural Engineers Yearbook, or it may be
examined at: any OSHA Regional Office; the OSHA Docket Office, U.S.
Department of Labor, 200 Constitution Avenue, NW., Room N-2625,
Washington, DC 20210 (telephone: (202) 693-2350 (TTY number: (877) 889-
5627)); or the National Archives and Records Administration (``NARA'').
(For information on the availability of this material at NARA,
telephone (202) 741-6030 or access the NARA Web site at
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html). Copies may be purchased from the American Society of
Agricultural Engineers 2950 Niles Road, St. Joseph, MI 49085.
(5) The upper edge of the bank shall be equipped with an 18-in.
(457-mm) high ramp as described in Figure W-15 to assist in tipping the
vehicle.
(6) The front and rear wheel-tread settings, when adjustable, shall
be at the position nearest to halfway between the minimum and maximum
settings obtainable on the vehicle. When only two settings are
obtainable, the minimum setting shall be used.
(7) Vehicle overturn test--sideways and rearward. (i) The tractor
shall be driven under its own power along the specified path of travel
at a minimum speed of 10 mph (16 kph), or maximum vehicle speed when
under 10 mph (16 kph), up the ramp as described in paragraph (d)(5) of
this section to induce sideways overturn.
(ii) Rear upset shall be induced by engine power with the tractor
operating in gear to obtain 3 to 5 mph (4.8 to 8 kph) at maximum
governed engine rpm, preferably by driving forward directly up a
minimum slope of two vertical to one horizontal. The engine clutch may
be used to aid in inducing the upset.
(f) Other test procedures. When the field-upset test is not used to
determine ROPS performance, either the static test or the dynamic test,
contained in paragraph (g) or (h) of this section, shall be made.
(g) Static test. (1) Test conditions. (i) The laboratory mounting
base shall include that part of the tractor chassis to which the
protective frame is attached, including the mounting parts.
(ii) The protective frame shall be instrumented with the necessary
equipment to obtain the required load-deflection data at the locations
and directions specified in Figures W-16, W-17, and W-18.
(iii) The protective frame and mounting connections shall be
instrumented with the necessary recording equipment to obtain the
required load-deflection data to be used in calculating FSB (see
paragraph (j)(3) of this section). The gauges shall be placed on
mounting connections before the installation load is applied.
(2) Test procedure. (i) The side-load application shall be at the
upper extremity of the frame upright at a 90[deg] angle to the
centerline of the vehicle. The side load L shall be applied according
to Figure W-16. L and D shall be recorded simultaneously. The test
shall be stopped when:
(A) The strain energy absorbed by the frame is equal to the
required input energy (Eis);
(B) Deflection of the frame exceeds the allowable deflection; or
(C) The frame load limit occurs before the allowable deflection is
reached in the side load.
(ii) The L-D diagram (see Figure W-19 for an example) shall be
constructed using the data obtained according to paragraph (g)(2)(i) of
this section.
(iii) The modified Lm-Dm diagram shall be constructed according to
paragraph (g)(2)(ii) and Figure W-20 of this section. The strain energy
absorbed by the frame (Eu) shall then be determined.
(iv) Eis, FER, and FSB shall be calculated.
(v) The test procedure shall be repeated on the same frame using L
(rear input; see Figure W-18) and Eir. Rear-load application shall be
distributed uniformly along a maximum projected dimension of 27 in.
(686 mm) and a maximum area of 160 sq. in. (1,032 sq. cm) normal to the
direction of load application. The load shall be applied to the upper
extremity of the frame at the point that is midway between the
centerline of the seat and the inside of the frame upright.
(h) Dynamic test. (1) Test conditions. (i) The protective frame and
tractor shall meet the requirements of paragraphs (e)(2) or (3) of this
section, as appropriate.
(ii) The dynamic loading shall be produced by using a 4,410-lb
(2,000-kg) weight acting as a pendulum. The impact face of the weight
shall be 27 1 in. by 27 1 in. (686 25 mm by 686 25 mm), and shall be constructed so
that its center of gravity is within 1.0 in. (25.4 mm) of its geometric
center. The weight shall be suspended from a pivot point 18 to 22 ft
(5.5 to 6.7 m) above the point of impact on the frame, and shall be
conveniently and safely adjustable for height (see Figure W-21).
(iii) For each phase of testing, the tractor shall be restrained
from moving when the dynamic load is applied. The restraining members
shall be 0.50- to 0.63-in. (12.5- to 16.0-mm) steel cable, and points
for attaching restraining members shall be located an appropriate
distance behind the rear axle and in front of the front axle to provide
a 15[deg] to 30[deg] angle between the restraining cable and the
horizontal. The restraining cables shall either be in the plane in
which the center of gravity of the pendulum will swing, or more than
one restraining cable shall give a resultant force in this plane (see
Figure W-22).
(iv) The wheel-tread setting shall comply with the requirements of
paragraph (e)(6) of this section. The tires shall have no liquid
ballast, and shall be inflated to the maximum operating pressure
recommended by the tire manufacturer. With the specified tire
inflation, the restraining cables shall be tightened to provide tire
deflection of 6 to 8 percent of the nominal tire-section width. After
the vehicle is restrained properly, a wooden beam that is 6-in. x 6-in.
(150 mm x 150 mm) shall be driven tightly against the appropriate
wheels and clamped. For the test to the side, an additional wooden beam
shall be placed as a prop against the wheel nearest to the operator's
station, and shall be secured to the floor so that when it is
positioned against the wheel rim, it is at an angle of 25[deg] to
40[deg] to the horizontal. It shall have a length 20 to 25 times its
depth, and a width two to three times its depth (see Figures W-22 and
W-23).
(v) Means shall be provided for indicating the maximum
instantaneous deflection along the line f impact. A simple friction
device is illustrated in Figure W-23.
(vi) No repair or adjustments may be carried out during the test.
(vii) When any cables, props, or blocking shift or break during the
test, the test shall be repeated.
(2) Test procedure. (i) General. The frame shall be evaluated by
imposing dynamic loading to the rear, followed by a load to the side on
the same frame. The pendulum dropped from the height (see the
definition of ``H'' in paragraph (j)(3) of this section) imposes the
dynamic load. The position of the pendulum shall be so selected that
the initial point of impact on the frame shall be in line with the arc
of travel of the center of gravity of the pendulum. A quick-release
mechanism should be
[[Page 76987]]
used but, when used, it shall not influence the attitude of the block.
(ii) Impact at rear. The tractor shall be restrained properly
according to paragraphs (h)(1)(iii) and (h)(1)(iv) of this section. The
tractor shall be positioned with respect to the pivot point of the
pendulum so that the pendulum is 20[deg] from the vertical prior to
impact as shown in Figure W-22. The impact shall be applied to the
upper extremity of the frame at the point that is midway between the
centerline of the frame and the inside of the frame upright of a new
frame.
(iii) Impact at side. The blocking and restraining shall conform to
paragraphs (h)(1)(iii) and (h)(1)(iv) of this section. The center point
of impact shall be that structural member of the protective frame
likely to hit the ground first in a sideways accidental upset. The side
impact shall be applied to the side opposite that used for rear impact.
(i) Performance requirements. (1) General. (i) The frame, overhead
weather shield, fenders, or other parts in the operator area may be
deformed in these tests, but shall not shatter or leave sharp edges
exposed to the operator, or violate the dimensions shown in Figures W-
16 and W-17, and specified as follows:
D = 2 in. (51 mm) inside of the frame upright to the vertical
centerline of the seat;
E = 30 in. (762 mm);
F = Not less than 0 in. (0 mm) and not more than 12 in. (305 mm),
measured at the centerline of the seat backrest to the crossbar along
the line of load application as shown in Figure W-17; and
G = 24 in. (610 mm).
(ii) The material and design combination used in the protective
structure must be such that the structure can meet all prescribed
performance tests at 0 [deg]F (-18 [deg]C) according to 29 CFR
1926.1001(f)(2)(iv).
(2) Vehicle overturn performance requirements. The requirements of
this paragraph (i) must be met in both side and rear overturns.
(3) Static test performance requirements. Design factors shall be
incorporated in each design to withstand an overturn test as specified
by this paragraph (i). The structural requirements will be met
generally when FER is greater than 1.0 and FSB is greater than K-1 in
both side and rear loadings.
(4) Dynamic test performance requirements. Design factors shall be
incorporated in each design to withstand the overturn test specified by
this paragraph (i). The structural requirements will be met generally
when the dimensions in this paragraph (i) are used during both side and
rear loads.
(j) Definitions applicable to this section. (1) ``Agricultural
tractor'' means a wheel-type vehicle of more than 20 engine horsepower,
used in construction work, that is designed to furnish the power to
pull, propel, or drive implements. (SAE standard J333a-1970 (``Operator
protection for wheel-type agricultural and industrial tractors'')
defines ``agricultural tractor'' as a ``wheel-type vehicle of more than
20 engine horsepower designed to furnish the power to pull, carry,
propel, or drive implements that are designed for agricultural usage.''
Since this part 1926 applies only to construction work, the SAE
definition of ``agricultural tractor'' is adopted for purposes of this
subpart.)
(2) ``Industrial tractor'' means that class of wheel-type tractors
of more than 20 engine horsepower (other than rubber-tired loaders and
dozers described in 29 CFR 1926.1001), used in operations such as
landscaping, construction services, loading, digging, grounds keeping,
and highway maintenance.
(3) The following symbols, terms, and explanations apply to this
section:
E is = Energy input to be absorbed during side loading in
ft-lb (E'is in J [joules]);
E is = 723 + 0.4 W ft-lb (E' is = 100 + 0.12 W' ,
J);
E ir = Energy input to be absorbed during rear loading in
ft-lb (E' ir in J);
E ir = 0.47 W ft-lb (E' ir = 0.14 W', J);
W = Tractor weight as specified by 29 CFR 1926.1002(e)(1) and (e)(3),
in lb (W' , kg);
L = Static load, lb (kg);
D = Deflection under L, in. (mm);
L-D = Static load-deflection diagram;
Lm-Dm = Modified static load-deflection diagram
(Figure W-20). To account for an increase in strength due to an
increase in strain rate, raise L in the plastic range L x K;
K = Increase in yield strength induced by higher rate of loading (1.3
for hot, rolled, low-carbon steel 1010-1030). Low carbon is preferable;
however, when higher carbon or other material is used, K must be
determined in the laboratory. Refer to Norris, C.H., Hansen, R.J.,
Holley, M.J., Biggs, J.M., Namyet, S., and Minami, J.V., Structural
Design for Dynamic Loads, McGraw-Hill, New York, 1959, p. 3;
Lmax = Maximum observed static load;
Load Limit = Point on a continuous L-D curve at which the observed
static load is 0.8 Lmax (refer to Figure W-19);
Eu = Strain energy absorbed by the frame, ft-lb (J); area
under the Lm-Dm curve;
FER = Factor of energy ratio, FER = EuEis; also,
FER = EuEir;
Pb = Maximum observed force in mounting connection under a
static load, L, lb (kg);
Pu = Ultimate force capacity of mounting connection, lb
(kg);
FSB = Design margin for a mounting connection
(PuPb)-1; and
H = Vertical height of lift of 4,410-lb (2,000-kg) weight, in. (H',
mm). The weight shall be pulled back so that the height of its center
of gravity above the point of impact is defined as follows: H = 4.92 +
0.00190 W (H' = 125 + 0.107 W') (see Figure W-24).
(k) Source of standard. The standard in this section is derived
from, and restates, in part, Society of Automotive Engineers (``SAE'')
standard J334a-1970 (``Protective frame test procedures and performance
requirements''). The SAE standard appears in the 1971 SAE Handbook,
which may be examined at any OSHA regional office.
Sec. 1926.1003 Overhead protection for operators of agricultural and
industrial tractors used in construction.
(a) General. (1) Purpose. When overhead protection is provided on
wheel-type agricultural and industrial tractors, the overhead
protection shall be designed and installed according to the
requirements contained in this section. The provisions of 29 CFR
1926.1001 for rubber-tired dozers and rubber-tired loaders may be used
instead of the standards contained in this section. The purpose of this
standard is to minimize the possibility of operator injury resulting
from overhead hazards such as flying and falling objects, and at the
same time to minimize the possibility of operator injury from the cover
itself in the event of accidental upset.
(2) Applicability. This standard applies to wheel-type agricultural
and industrial tractors used in construction work (see 29 CFR
1926.1002(b) and (j)). In the case of machines to which 29 CFR 1926.604
(relating to site clearing) also applies, the overhead protection may
be either the type of protection provided in 29 CFR 1926.604, or the
type of protection provided by this section.
(b) Overhead protection. When overhead protection is installed on
wheel-type agricultural or industrial tractors used in construction
work, it shall meet the requirements of this paragraph. The overhead
protection may be constructed of a solid material. When grid or mesh is
used, the largest permissible opening shall be such that
[[Page 76988]]
the maximum circle that can be inscribed between the elements of the
grid or mesh is 1.5 in. (38 mm) in diameter. The overhead protection
shall not be installed in such a way as to become a hazard in the case
of upset.
(c) Test procedures--general. (1) The requirements of 29 CFR
1926.1002(d), (e), and (f) shall be met.
(2) Static and dynamic rear load application shall be distributed
uniformly along a maximum projected dimension of 27 in. (686 mm), and a
maximum area of 160 sq. in. (1,032 sq. cm), normal to the direction of
load application. The load shall be applied to the upper extremity of
the frame at the point that is midway between the centerline of the
seat and the inside of the frame upright.
(3) The static and dynamic side load application shall be
distributed uniformly along a maximum projected dimension of 27 in.
(686 mm), and a maximum area of 160 sq. in. (1,032 sq. cm), normal to
the direction of load application. The direction of load application is
the same as in 29 CFR 1926.1002 (g) and (h). To simulate the
characteristics of the structure during an upset, the center of load
application may be located from a point 24 in. (610 mm) (K) forward to
12 in. (305 mm) (L) rearward of the front of the seat backrest, to best
use the structural strength (see Figure W-25).
(d) Drop test procedures. (1) The same frame shall be subjected to
the drop test following either the static or dynamic test.
(2) A solid steel sphere or material of equivalent spherical
dimension weighing 100 lb (45.4 kg) shall be dropped once from a height
10 ft (3.08 m) above the overhead cover.
(3) The point of impact shall be on the overhead cover at a point
within the zone of protection as shown in Figure W-26, which is
furthest removed from major structural members.
(e) Crush test procedure. (1) The same frame shall be subjected to
the crush test following the drop test and static or dynamic test.
(2) The test load shall be applied as shown in Figure W-27, with
the seat positioned as specified in 29 CFR 1926.1002(d)(4). Loading
cylinders shall be mounted pivotally at both ends. Loads applied by
each cylinder shall be equal within two percent, and the sum of the
loads of the two cylinders shall be two times the tractor weight as set
forth in 29 CFR 1926.1002(e)(1). The maximum width of the beam
illustrated in Figure W-27 shall be 6 in. (152 mm).
(f) Performance requirements. (1) General. The performance
requirements set forth in 29 CFR 1926.1002(i)(2), (3), and (4) shall be
met.
(2) Drop test performance requirements. (i) Instantaneous
deformation due to impact of the sphere shall not enter the protected
zone as illustrated in Figures W-25, W-26, and W-28.
(ii) In addition to the dimensions set forth in 29 CFR
1926.1002(i)(1)(i), the following dimensions apply to Figure W-28:
H = 17.5 in. (444 mm); and
J = 2 in. (50.8 mm), measured from the outer periphery of the steering
wheel.
(3) Crush test performance requirements. The protected zone as
described in Figure W-28 must not be violated.
(g) Source of standard. This standard is derived from, and
restates, in part, the portions of Society of Automotive Engineers
(``SAE'') standard J167-1970 (``Protective frame with overhead
pro