Technical Amendments, 16669-16675 [06-3042]
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Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules and Regulations
and Health Administration’’ and adding,
in their place, the words ‘‘MSHA Coal
Mine Safety and Health district office’’;
and by removing the words ‘‘60
Batterymarch Street, Boston, MA
02110.’’ and adding, in their place, the
words ‘‘11 Tracy Drive, Avon, MA
02322; Telephone: 800–344–3555 (toll
free); https://www.nfpa.org.’’.
§ 75.1107–17
[Amended]
79. Section 75.1107–17 is amended by
removing the words ‘‘Coal Mine Health
and Safety District or Subdistrict Office
of the Mine Safety and Health
Administration’’ and adding, in their
place, the words ‘‘MSHA Coal Mine
Safety and Health district office’’; and
by removing the words ‘‘60
Batterymarch Street, Boston, MA
02110.’’ and add, in their place, the
words ‘‘11 Tracy Drive, Avon, MA
02322; Telephone: 800–344–3555 (toll
free); https://www.nfpa.org.’’.
I
§ 75.1204–1
[Amended]
80. Section 75.1204–1 is amended by
removing the words ‘‘Coal Mine Safety’’
and adding, in their place, the words
‘‘Coal Mine Safety and Health’’.
‘‘MSHA Coal Mine Safety and Health
district office’’.
Coal Mine Safety and Health district
office for the district’’.
§ 75.1900
§ 77.1502
[Amended]
81. Section 75.1719 is amended in
paragraph (c)(2) by removing the words
‘‘Coal Mine Health and Safety District
and Subdistrict Office of MSHA’’ and
add, in their place, the words ‘‘MSHA
Coal Mine Safety and Health district
office’’; and by removing the words
‘‘345 East Forty-seventh Street, New
York, N.Y. 10017.’’ and adding, in their
place, the words ‘‘Publications Office,
10662 Los Vaqueros Circle, P.O. Box
3014 Los Alamitos, CA 90720–1264
Telephone: 800–272–6657 (toll free);
https://www.ieee.org.’’.
I
§ 75.1719–3
[Amended]
82. Section 75.1719–3 is amended in
paragraph (d) by removing the words
‘‘National Bureau of Standards’’ and
adding, in their place, the words
‘‘National Institute of Standards and
Technology (Formerly the National
Bureau of Standards)’’.
I
§ 75.1730
[Amended]
83. Section 75.1730 is amended in
paragraph (a) by removing the words
‘‘for $25’’; removing the words ‘‘345
East Forty-seventh Street, New York, NY
10017’’ and adding, in their place, the
words ‘‘22 Law Drive, P.O. Box 2900,
Fairfield, New Jersey 07007, Phone:
800–843–2763 (toll free); https://
www.asme.org’’; and by removing the
words ‘‘Coal Mine Health and Safety
District and Subdistrict Office’’ and
adding, in their place, the words
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I
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[Amended]
84. Section 75.1900 is amended in the
definition of Noncombustible material
by removing the words ‘‘Coal Mine
Health and Safety District and
Subdistrict Office’’ and adding, in their
place, the words ‘‘MSHA Coal Mine
Safety and Health district office’’; and
by removing the words ‘‘1916 Race
Street Philadelphia, PA 19103’’ and
adding, in their place, the words ‘‘100
Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA, 19428–2959, https://
www.astm.org’’.
PART 77—MANDATORY SAFETY
STANDARDS, SURFACE COAL MINES
AND SURFACE WORK AREAS OF
UNDERGROUND COAL MINES
I
85. The authority citation for 30 CFR
Part 77 continues to read as follows:
[Amended]
I
I
I
I
Authority: 30 U.S.C. 811.
I
§ 75.1719–2
16669
§ 77.403a
[Redesignated and amended]
86. Section 77.403a is redesignated as
§ 77.403–1 and amended as follows:
I A. In paragraph (c)(5) by removing the
words ‘‘Nothing in this § 77.403a’’ and
adding, in their place, the words
‘‘Nothing in this section 77.403–1’’;
I B. In paragraph (d)(2)(ii) footnote, by
removing the words ‘‘Paragraph (d) or
§ 77.403a’’ and adding, in their place,
the words ‘‘Paragraph (d) of § 77.403–
1’’; and,
I C. In paragraph (g) by removing
‘‘§ 77.403a’’ and adding, in its place
‘‘§ 77.403–1’’.
I
§ 77.403b
[Redesignated and amended]
87. Section § 77.403b is redesignated
as § 77.403–2 and amended by removing
the words ‘‘§ 77.403a’’ and adding, in
their place, the words ‘‘§ 77.403–1’’; by
removing the words ‘‘Coal Mine Health
and Safety District and Subdistrict
Office’’ and adding, in their place, the
words ‘‘Coal Mine Safety and Health
district office’’; and by removing the
words ‘‘U.S. Government Printing
Office, Washington, DC 20402’’ and
adding, in their place, ‘‘Information
Dissemination (Superintendent of
Documents), P.O. Box 371954,
Pittsburgh, PA 15250–7954; Telephone:
866–512–1800 (toll free) or 202–512–
1800; https://bookstore.gpo.gov’’.
I
§ 77.1000–1
[Amended]
88. Section 77.1000–1 is amended by
removing the words ‘‘Coal Mine Health
and Safety District of Subdistrict office
for the District or Subdistrict’’ and
adding, in their place the words ‘‘MSHA
I
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89. Section 77.1502 is amended by
removing the words ‘‘Coal Mine Health
and Safety District Manager or
Subdistrict Manager’’ and adding, in
their place, the words ‘‘MSHA Coal
Mine Safety and Health District
Manager’’.
PART 90—MANDATORY HEALTH
STANDARDS—COAL MINERS WHO
HAVE EVIDENCE OF THE
DEVELOPMENT OF
PNEUMOCONIOSIS
90. The authority citation for 30 CFR
Part 90 continues to read as follows:
Authority: 30 U.S.C. 811, 813(h).
§ 90.204
[Amended]
91. Section 90.204 is amended in
paragraph (e) by removing the words
‘‘and subdistrict’’.
Dated: March 14, 2006.
Veronica Vargas Stidvent,
Assistant Secretary for Policy, Department of
Labor.
[FR Doc. 06–3041 Filed 3–31–06; 8:45 am]
BILLING CODE 4510–23–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1910, 1913, 1915, and
1926
Technical Amendments
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION: Final rule; corrections and
technical amendments.
AGENCY:
SUMMARY: The Department of Labor is
conducting an ongoing review of its
regulations to update non-substantive or
nomenclature references in the Code of
Federal Regulations (CFR). As part of
this review, OSHA has identified safety
and health rules needing correction or
technical amendment. The revisions do
not affect the substantive requirements
or coverage of the standards involved,
modify or revoke existing rights and
obligations, or establish new rights and
obligations. The revisions include
updating references and removing
obsolete effective dates and startup
dates from existing Agency standards.
DATES: April 3, 2006.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Kevin Ropp, OSHA
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Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules and Regulations
Office of Communications, Room N–
3647, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone: (202) 693–1999.
General and technical information:
Michael Seymour, OSHA Directorate of
Standards and Guidance, Room N–3718,
U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone: (202) 693–1950.
For additional copies of this Federal
Register notice, contact the Office of
Publications, OSHA, U.S. Department of
Labor, Room N–3101, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone: (202) 693–1888. Electronic
copies of this Federal Register notice, as
well as news releases and other relevant
documents, are available at OSHA’s
Web site on the Internet at https://
www.osha.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
The Department of Labor’s strategic
outcome goal 4.2 measures the
Department’s success in creating a
regulatory structure that promotes
compliance flexibility and reduces
regulatory burdens. As part of this
strategic goal, the Department of Labor
is conducting an on-going review of its
regulations to update non-substantive or
nomenclature references in the Code of
Federal Regulations (CFR). The
Department is also publishing in the
Federal Register a notice amending
references in Employment Standards
Administration and Mine Safety and
Health Administration standards.
As part of this effort, OSHA, in
reviewing its regulations, has found
some errors, some incorrect references
and some obsolete provisions. In this
corrections and technical amendments
document, OSHA is addressing those
items. OSHA has made similar technical
revisions in the past to correct errors.
OSHA believes that this action will
increase employee protection and
facilitate employer compliance by
improving employer and employee
understanding of the affected
provisions.
The revisions do not affect the
substantive requirements or coverage of
the standards involved, modify or
revoke existing rights and obligations, or
establish new rights and obligations.
Therefore, the Agency has determined
that these revisions do not require
notice-and-comment rulemaking. The
rule does not change employers’
compliance costs. Employers, for
example, are not required to purchase
new equipment or acquire additional
skills or expertise. Accordingly, OSHA
concludes that no economic or
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regulatory flexibility analysis of this
rule is necessary and certifies that the
rule will not have a significant impact
on a substantial number of small
entities. Because this final rule does not
affect the substantive requirements of
the standards, the Department of Labor
has determined that delaying the
effective date of the rule is unnecessary
and good cause exists under 5 U.S.C.
553 (b)(3) to make this rule effective
immediately upon publication in the
Federal Register.
II. Summary and Explanation
With this rulemaking, OSHA is
revising the following standards and
regulations:
A. Effective Dates and Startup Dates
In the safety standards for general
industry (29 CFR part 1910), paragraph
(a)(2) of § 1910.178 (‘‘Powered industrial
trucks’’) refers to effective dates
specified in paragraph (b) of former
§ 1910.182 (‘‘Effective dates’’). OSHA
removed § 1910.182 during an earlier
rulemaking, making this reference
obsolete. (See 61 FR 9227.) Therefore,
the Agency is removing the reference to
§ 1910.182(b) from § 1910.178(a)(2).
Several additional safety standards for
general industry have provisions that
contain references to expired effective
dates, including: § 1910.266 (‘‘Logging
operations’’), the entry entitled ‘‘j.
Effective date’’ in the table of contents
listed in paragraph (a), as well as
paragraph (j) (‘‘Effective date’’); and the
single-sentence standard, § 1910.441
(‘‘Effective date’’), that specifies the
effective date for the general-industry
diving standards in subpart T
(‘‘Commercial Diving Operations’’).
Accordingly, OSHA is removing: the
entry ‘‘j. Effective date’’ in paragraph (a),
as well as paragraph (j), from
§ 1910.266; and the one-sentence
standard, § 1910.441, from subpart T.
The Agency notes that a number of
provisions among OSHA’s substancespecific standards for general industry
(part 1910) contain expired effective
dates and/or startup dates, including:
Paragraph (p) of § 1910.95
(‘‘Occupational noise exposure’’);
paragraph (n) of § 1910.134
(‘‘Respiratory protection’’); paragraph (f)
of § 1910.1000 (‘‘Air contaminants’’);
paragraph (o) of § 1910.1001
(‘‘Asbestos’’); paragraph (o) of
§ 1910.1017 (‘‘Vinyl chloride’’);
paragraphs (s) and (u) of § 1910.1018
(‘‘Inorganic arsenic’’); paragraphs (p)
and (r), and Section XIV (‘‘Effective
Date—Paragraph (P)’’) of Appendix B
(‘‘Employee Standard Summary’’) of
§ 1910.1025 (‘‘Lead’’); paragraph (m) of
§ 1910.1028 (‘‘Benzene’’); paragraph (o)
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of § 1910.1029 (‘‘Coke oven emissions’’);
paragraphs (g)(2)(ii)(B) and (g)(2)(iii) of
§ 1910.1030 (‘‘Bloodborne pathogens’’);
paragraph (m) of § 1910.1043 (‘‘Cotton
dust’’); paragraph (s) of § 1910.1045
(‘‘Acrylonitrile’’); paragraph (m) of
§ 1910.1047 (‘‘Ethylene oxide’’);
paragraph (p) of § 1910.1048
(‘‘Formaldehyde’’); paragraphs (p) and
(r) of § 1910.1050
(‘‘Methylenedianiline’’); paragraph (n)
of § 1910.1051 (‘‘1,3-Butadiene’’);
paragraph (n) of § 1910.1052
(‘‘Methylene chloride’’); and paragraph
(k) of § 1910.1450 (‘‘Occupational
exposure to hazardous chemicals in
laboratories’’). The Agency is removing
these provisions from the respective
standards because the effective and/or
startup dates they contain in the
standards are now fully effective and are
no longer relevant for pending
enforcement cases.
In part 1913 (‘‘Rules of Agency
Practice and Procedure Concerning
OSHA Access to Employee Medical
Records’’), paragraph (n) of § 1913.10
(‘‘Rules of agency practice and
procedure concerning OSHA access to
employee medical records’’) specifies an
effective date that expired over 20 years
ago. Accordingly, the Agency is
removing paragraph (n) from § 1913.10.
Among the standards for shipyard
employment (part 1915), paragraph (q)
of § 1915.1001 (‘‘Asbestos’’) specifies an
effective date and startup dates. These
provisions of this standard are now fully
effective, so OSHA is removing
paragraph (q) from § 1915.1001.
The Agency also finds that the
following provisions of part 1926
(‘‘Safety and Health Regulations for
Construction’’) contain expired effective
dates and/or startup dates: paragraphs
(q) and (s) of § 1926.60
(‘‘Methylenedianiline’’), paragraphs (p)
and (r), and Section XIV (‘‘Effective
Date—Paragraph (P)’’) of Appendix B
(‘‘Employee Standard Summary’’) of
§ 1926.62 (‘‘Lead’’); paragraph (q) of
§ 1926.1101 (‘‘Asbestos’’); and
paragraph (p) of § 1926.1127
(‘‘Cadmium’’). With this rulemaking,
OSHA is removing these paragraphs
from the respective standards.
Subpart Y (‘‘Diving’’) of part 1926
contains a standard, § 1926.1092
(‘‘Effective date’’), that refers to an
obsolete general industry standard
(§ 1910.441; ‘‘Effective date’’).
Accordingly, the Agency is removing
§ 1926.1092 from the diving standards
for the construction industry.
A number of provisions in parts 1910,
1915, and 1926 refer to the effective date
of a standard as a number of days after
the date of publication in the Federal
Register and not to a specific month,
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day, and year. In this rulemaking, OSHA
is also removing expired effective dates
in this form.
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B. References to Former § 1910.20
(‘‘Access to Employee Exposure and
Medical Records’’)
In an earlier rulemaking (see 61 FR
9227), OSHA revised the designation of
former § 1910.20 to § 1910.1020.
However, this previous rulemaking did
not revise references to § 1910.20
contained in various (usually
recordkeeping) provisions of a number
its standards and regulations.
For each of the following paragraphs
in parts 1910 (‘‘Occupational Safety and
Health Standards’’) and 1913 (‘‘Rules of
Agency Practice and Procedure
Concerning OSHA Access to Employee
Medical Records’’), OSHA is removing
the reference to § 1910.20 and replacing
it with a reference to the new
designation, § 1910.1020: § 1910.95
(‘‘Occupational noise exposure’’),
paragraph (m)(4); § 1910.120
(‘‘Hazardous waste operations and
emergency response’’), paragraph
(f)(8)(i); § 1910.440 (‘‘Recordkeeping
requirements’’), paragraph (b)(2);
§ 1910.1001 (‘‘Asbestos’’), paragraphs
(m)(3)(i), (m)(3)(iii), (m)(5)(ii),
(m)(5)(iii), and (m)(6)(i); § 1910.1003
(‘‘13 Carcinogens (4-nitrobiphenyl,
etc.’’), paragraph (g)(2)(ii); § 1910.1017
(‘‘Vinyl chloride’’), paragraphs (m)(2)
and (m)(3); § 1910.1018 (‘‘Inorganic
arsenic’’), paragraphs (q)(3)(ii) and
(q)(4)(iv); § 1910.1025 (‘‘Lead’’),
paragraphs (n)(4)(ii) and (n)(5)(iv);
§ 1910.1027 (‘‘Cadmium’’), paragraphs
(m)(4)(iii)(H), (n)(1)(iii), (n)(3)(iii),
(n)(5)(i), and (n)(6); § 1910.1029 (‘‘Coke
oven emissions’’), paragraphs (m)(3)(ii)
and (m)(4)(iv); § 1910.1030
(‘‘Bloodborne pathogens’’), paragraphs
(h)(1)(i), (h)(1)(iv), (h)(3)(iii), and
(h)(4)(i); § 1910.1043 (‘‘Cotton dust’’),
paragraphs (k)(3)(ii) and (k)(4)(iv);
§ 1910.1044 (‘‘1,2-Dibromo-3chloropropane’’), paragraphs (p)(3)(ii)
and (p)(4)(iv); § 1910.1045
(‘‘Acrylonitrile’’), paragraphs (q)(4)(ii)
and (q)(5)(iv); § 1910.1047 (‘‘Ethylene
oxide’’), paragraphs (k)(2)(iii), (k)(3)(i),
(k)(3)(iii), (k)(4)(ii), (k)(4)(iii), and
(k)(5)(i); § 1910.1048 (‘‘Formaldehyde’’),
paragraphs (o)(6)(ii) and (o)(6)(iii);
§ 1910.1050 (‘‘Methylenedianiline’’),
paragraphs (n)(3)(i), (n)(3)(iii), (n)(4)(i),
(n)(4)(iv), (n)(6)(ii), (n)(6)(iii), and
(n)(7)(i); § 1910.1051 (‘‘1,3-Butadiene’’),
paragraphs (m)(2)(iii), (m)(4)(iii),
(m)(5)(ii), and (m)(6)(ii); and § 1913.10
(‘‘Rules of agency practice and
procedure concerning OSHA access to
employee medical records’’), paragraphs
(b)(1), (b)(3), (b)(4), (d)(4)(i), and (e)(3).
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OSHA is also revising the reference to
§ 1910.20 in several paragraphs of part
1915 (‘‘Occupational Safety and Health
Standards for Shipyard Employment’’).
These paragraphs are: § 1915.1001
(Asbestos), paragraphs (n)(2)(iii),
(n)(3)(i), (n)(3)(iii), (n)(7)(ii), (n)(7)(iii),
and (n)(8)(i).
A number of paragraphs in part 1926
(‘‘Safety and Health Regulations for
Construction’’) also refer incorrectly to
§ 1910.20. Therefore, the Agency is
revising these paragraphs to refer
instead to § 1926.33, the construction
standard that regulates access to
employee exposure and medical
records: § 1926.60
(‘‘Methylenedianiline’’), paragraphs
(o)(4)(iii), (o)(5)(i), (o)(5)(iii), (o)(7)(ii),
(o)(7)(iii), and (o)(8)(i); § 1926.62
(‘‘Lead’’), paragraphs (n)(1)(iii),
(n)(2)(iv), and (n)(6)(iv); § 1926.800
(‘‘Underground construction’’),
paragraph (j)(3); and § 1926.1101
(‘‘asbestos’’), paragraphs (n)(2)(iii),
(n)(3)(i), (n)(3)(iii), (n)(7)(ii), (n)(7)(iii),
and (n)(8)(i).
C. Removal or Correction of Other
Outdated Provisions and References
1. Access to Employee Exposure and
Medical Records (§ 1910.1020)
One of the trade-secret provisions of
this standard, paragraph (f)(4)(v),
specifies that health professionals,
employees, or designated
representatives who request access to
trade-secret information from an
employer must ‘‘agree not to release the
information * * * other than to OSHA,
as provided in paragraph (f)(9) of this
section * * *.’’ However, paragraph
(f)(9) addresses how the requesting party
can obtain redress from OSHA if an
employer denies access to trade-secret
information, while paragraph (f)(7) of
the standard discusses releasing tradesecret information to the Agency if the
requesting party decides that a need to
do so exists. Therefore, paragraph
(f)(4)(v) of the standard should refer to
paragraph (f)(7), not paragraph (f)(9),
when addressing the release of tradesecret information to OSHA. By this
rulemaking, the Agency is correcting
this reference.
2. Cadmium (§ 1910.1027 and
§ 1926.1127)
Paragraph (q)(1) in each of OSHA’s
cadmium standards contains a reference
to Appendix C. The Agency deleted
Appendix C during an earlier
rulemaking (see 63 FR 1152); therefore,
it is removing existing paragraph (q)(1)
from these standards.
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3. Benzene (§ 1910.1028)
The last sentence in paragraph (n) of
this standard states, ‘‘The protocols for
respiratory fit testing in Appendix E of
this section are mandatory.’’ However,
the Agency removed Appendix E from
this standard in a previous rulemaking
(see 63 FR 1152). Therefore, OSHA is
deleting this entire sentence from
paragraph (n) of the standard.
4. Formaldehyde (§ 1910.1048)
Appendix A of the formaldehyde
standard refers to Appendix E in the last
sentence of the paragraph designated
‘‘Respiratory Protection’’ in the section
titled ‘‘Protective Equipment and
Clothing.’’ However, the Agency
removed Appendix E from this standard
in a previous rulemaking (see 63 FR
1152). Therefore, OSHA is deleting the
reference to Appendix E from this
paragraph and section of Appendix A.
5. Methylenedianiline (§ 1910.1050 and
§ 1926.60)
Paragraph (f)(8)(iii) of § 1926.60 reads,
‘‘Maintain records of the corrective
actions in accordance with paragraph
(n) of this section.’’ The reference
paragraph in this provision should be
paragraph (o) (‘‘Recordkeeping’’), not
paragraph (n) (‘‘Medical surveillance’’).
The Agency is revising the provision
accordingly.
The last sentence in paragraph (q) of
§ 1910.1050 and paragraph (r) of
§ 1926.60 states, ‘‘The protocols for
respiratory fit testing in appendix E of
this section are mandatory.’’ However,
the Agency removed Appendix E from
both these standards in a previous
rulemaking (see 63 FR 1296). Therefore,
OSHA is deleting this entire sentence
from paragraphs (q) and (r),
respectively, of these standards.
6. 1,3–Butadiene (§ 1910.1051)
Paragraph (n) contains effective and
start-up dates. The Agency is removing
paragraph (n) from this standard
because the start-up dates have expired.
However, one start-up date is still
current, paragraph (n)(2)(i), which
requires employers to conduct initial
monitoring within 60 days of
introducing 1,3-Butadiene (BD) into the
workplace. OSHA is preserving this
requirement by adding a sentence to
paragraph (d)(2)(i) that reads: ‘‘The
initial monitoring required under this
paragraph shall be completed within 60
days of the introduction of BD into the
workplace.’’
7. Lead (§ 1926.62)
Paragraph (d)(2)(v)(F) of this standard
specifies that, until employers perform
exposure assessments according to
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paragraph (d) of the standard, they must
provide designated employees with
interim protection, including ‘‘training
as required by paragraph (l)(2)(ii)(C) of
this section, regarding the use of
respirators[.]’’ However, paragraph
(l)(2)(iii) of this standard regulates
training for the proper selection, fitting,
use, and limitations of respirator use
and there is no paragraph (l)(2)(ii)(C).
Accordingly, the Agency is removing
the reference to paragraph (l)(2)(ii)(C) in
paragraph (d)(2)(v)(F) of the standard
and replacing it with a reference to the
correct reference, paragraph (l)(2)(iii) of
the standard.
8. Structural Steel Assembly
(§ 1926.754)
Section 1926.754 (c)(2), Slip
resistance of metal decking, is a
reserved section that has no text and
therefore is being removed.
III. Authority
Authority: Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970
(29 U.S.C. 651, 655, and 657); Section 41 of
the Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 941); Section
107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3704); Secretary of
Labor’s Order 5–2002 (67 FR 65008); 29 CFR
part 1911; and the Administrative Procedures
Act (5 U.S.C 553).
Jonathan L. Snare, Acting Assistant
Secretary of Labor, U.S. Department of
Labor, 200 Constitution Ave, NW.,
Washington, DC 20210 directed the
preparation of this notice.
Signed at Washington, DC, this 3rd day of
March, 2006.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
List of Subjects
29 CFR Part 1910
Airborne lead; Blood lead; Blood-lead
analysis; Coke-oven emissions;
Construction; Effective date; Employee
information; Exposure record; Fittesting record; Formaldehyde; Initial
exposure monitoring; Medical record;
Methylenedianiline; Part 1910, Index;
Recordkeeping; Respirators; Respiratory
protection; Respirator training;
Respirator selection; Startup date;
Trade-secret information; 1,3–
Butadiene; 13 Carcinogens.
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29 CFR Part 1913
Record access; Effective date;
Exposure record; Medical record;
Startup date; Privacy.
29 CFR Part 1915
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29 CFR Part 1926
Airborne lead; Blood lead; Coke oven
emissions; Construction; Effective date;
Exposure record; Lead exposure;
Medical record; Methylenedianiline;
Recordkeeping; Respirator training;
Startup date.
Amendments to Standards
In accordance with Sections 4, 6, and
8 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, and
657), Section 41 of the Longshore and
Harbor Workers’ Compensation Act (33
U.S.C. 941), Section 107 of the Contract
Work Hours and Safety Standards Act
(40 U.S.C. 3704), the Administrative
Procedures Act (5 U.S.C. 553(b)(3)(B)),
Secretary of Labor’s Order No. 5–2002
(67 FR 65008), and 29 CFR 1911 as
applicable, the Agency corrects 29 CFR
parts 1908, 1910, 1913, 1915, 1917,
1918, and 1926 by making the following
corrections and technical amendments:
I
PART 1910—OCCUPATIONAL SAFETY
AND HEALTH STANDARDS
Part 1910 [Nomenclature change]
1. In 29 CFR part 1910, remove the
reference ‘‘§ 1910.20’’ and add, in its
place, the reference ‘‘§ 1910.1020’’ in
the following paragraphs:
I a. § 1910.95(m)(4)
I b. § 1910.120(f)(8)(i)
I c. § 1910.440(b)(2)
I d. § 1910.1001(m)(3)(i), (m)(3)(iii),
(m)(5)(ii), (m)(5)(iii), and (m)(6)(i)
I e. § 1910.1003(g)(2)(ii)
I f. § 1910.1017(m)(2) introductory text
and (m)(3)
I g. § 1910.1018(q)(3)(ii) and (q)(4)(iv)
I h. § 1910.1025(n)(4)(ii) and (n)(5)(iv)
I i. § 1910.1027(m)(4)(iii)(H), (n)(1)(iii),
(n)(3)(iii), (n)(5)(i), and (n)(6)
I j. § 1910.1029(m)(3)(ii) and (m)(4)(iv)
I k. § 1910.1030(h)(1)(i), (h)(1)(iv),
(h)(3)(iii), and (h)(4)(i)
I l. § 1910.1043(k)(3)(ii) and (k)(4)(iv)
I m. § 1910.1044(p)(3)(ii) and (p)(4)(iv)
I n. § 1910.1045(q)(4)(ii) and (q)(5)(iv)
I o. § 1910.1047(k)(2)(iii), (k)(3)(i),
(k)(3)(iii), (k)(4)(ii), (k)(4)(iii), and
(k)(5)(i)
I p. § 1910.1048(o)(6)(ii) and (o)(6)(iii)
I q. § 1910.1050(n)(3)(i), (n)(3)(iii),
(n)(4)(i), (n)(4)(iv), (n)(6)(ii), (n)(6)(iii),
and (n)(7)(i)
I r. § 1910.1051(m)(2)(iii), (m)(4)(iii),
(m)(5)(ii), and (m)(6)(ii)
I
Subpart G—Occupational Health and
Environmental Control
2. The authority citation for 29 CFR
part 1910 subpart G is revised to read as
follows:
I
Asbestos; Effective date; Exposure
record; Medical record; Respirators;
VerDate Aug<31>2005
Respiratory protection; Shipyards;
Startup date.
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Authority: Secs. 4, 6, and 8 of the
Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, 657); Secretary of Labor’s
Order No. 12–71 (36 FR 8754), 8–76 (41 FR
25059), 9–83 (48 FR 35736), 1–90 (55 FR
9033), 6–96 (62 FR 111), 3–2000 (65 FR
50017), or 5–2002 (67 FR 50017) as
applicable; and 29 CFR part 1911.
§ 1910.95
[Amended]
3. In § 1910.95, paragraph (p) is
removed.
I
Subpart I—Personal Protective
Equipment
4. In 29 CFR part 1910, the authority
citation for subpart I is revised to read
as follows:
I
Authority: Secs. 4, 6, and 8 of the
Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, 657); Secretary of Labor’s
Order No. 12–71 (36 FR 8754), 8–76 (41 FR
25059), 9–83 (48 FR 35736), 1–90 (55 FR
9033), 6–96 (62 FR 111), 3–2000 (65 FR
50017), or 5–2002 (67 FR 65008) as
applicable; and 29 CFR part 1911.
§§ 1910.132, 1910.134, and 1910.136 also
issued under 29 CFR part 1911.
§§ 1910.133, 1910.135, and 1910.136 also
issued under 29 CFR part 1911 and 5 U.S.C.
553.
§ 1910.134
[Amended]
5. In § 1910.134, paragraph (n) is
removed and reserved.
I
Subpart N—Materials Handling and
Storage
6. In 29 CFR part 1910, the authority
citation for subpart N is revised to read
as follows:
I
Authority: Secs. 4, 6, and 8 of the
Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, 657); Secretary of Labor’s
Order No. 12–71 (36 FR 8754), 8–76 (41 FR
25059), 9–83 (48 FR 35736), 1–90 (55 FR
9033), 6–96 (62 FR 111), 3–2000 (65 FR
50017), or 5–2002 (67 FR 65008) as
applicable; and 29 CFR part 1911.
§§ 1910.176, 1910.177, 1910.178, 1910.179,
1910.180, 1910.181, and 1910.184 also issued
under 29 CFR part 1911.
7. In § 1910.178, paragraph (a)(2) is
revised to read as follows:
I
§ 1910.178
Powered industrial trucks.
(a) * * *
(2) All new powered industrial trucks
acquired and used by an employer shall
meet the design and construction
requirements for powered industrial
trucks established in the ‘‘American
National Standard for Powered
Industrial Trucks, Part II, ANSI B56.1–
1969’’, which is incorporated by
reference as specified in § 1910.6,
except for vehicles intended primarily
for earth moving or over-the-road
hauling.
*
*
*
*
*
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03APR3
Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules and Regulations
Subpart R—Special Industries
8. The authority citation for 29 CFR
Part 1910 subpart R is revised to read as
follows:
I
Authority: Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, 657); Secretary of Labor’s
Order Nos. 12–71 (36 FR 8754), 8–76 (41 FR
25059), 9–83 (48 FR 35736), 6–96 (62 FR
111), 3–2000 (65 FR 50017), or 5–2002 (67 FR
65008) as applicable; and 29 CFR part 1911.
§ 1910.266
[Amended]
Standards Act (40 U.S.C. 333) and 5 U.S.C.
553.
§ 1910.1002 not issued under 29 U.S.C. 655
or 29 CFR part 1911; also issued under 5
U.S.C. 553.
§ 1910.1018, 1910.1029, and 1910.1200 are
also issued under 29 U.S.C. 653.
§ 1910.1000
13. In § 1910.1000, paragraph (f) is
removed.
I
[Removed]
11. Remove § 1910.441.
[Amended]
14. In § 1910.1001, paragraph (o) is
removed, and paragraph (p) is
redesignated paragraph (o).
§ 1910.1017
§ 1910.1043
[Amended]
15. In § 1910.1017, paragraph (o) is
removed.
I
§ 1910.1018
[Amended]
§ 1910.1020
§ 1910.441
§ 1910.1030
I
[Amended]
10. The authority citation for 29 CFR
part 1910 subpart T is revised to read as
follows:
I
[Amended]
23. In § 1910.1030, paragraph
(g)(2)(ii)(B) is removed, and paragraph
(g)(2)(ii)(C) is redesignated paragraph
(g)(2)(ii)(B), and paragraph (g)(2)(iii) is
removed and reserved.
§ 1910.1001
Subpart T—Commercial Diving
Operations
Authority: Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, and 657); Sec. 107,
Contract Work Hours and Safety Standards
Act (the Construction Safety Act) (40 U.S.C.
333); Sec. 41, Longshore and Harbor Workers’
Compensation Act (33 U.S.C. 941); Secretary
of Labor’s Order No. 8–76 (41 FR 25059), 9–
83 (48 FR 35736), 1–90 (55 FR 9033), 3–2000
(65 FR 50017), or 5–2002 (67 FR 65008) as
applicable; 29 CFR part 1911.
§ 1910.1029
22. In § 1910.1029, paragraph (o) is
removed and reserved.
16. In § 1910.1018, paragraph (s) is
removed, and paragraph (t) is
redesignated paragraph (s) and
paragraph (u) is removed.
I
additional obligations not otherwise
imposed or to detract from any existing
obligations.
*
*
*
*
*
I
[Amended]
I
9. In § 1910.266, paragraph (a), Table
of Contents, the entry ‘‘j. Effective date’’
is removed, the entry ‘‘k. Appendices’’
is redesignated ‘‘j. Appendices’’, and the
text of paragraph (j) is removed and
paragraph (k) is redesignated as
paragraph (j).
*
*
*
*
*
I
16673
I
[Amended]
[Amended]
25. In § 1910.1045, paragraph (s) is
removed and reserved.
I
[Amended]
26. In § 1910.1047, paragraph (m) is
removed and reserved.
I
§ 1910.1048
[Amended]
27. In § 1910.1048, paragraph (p) is
removed.
I
[Amended]
18. In § 1910.1025, paragraphs (p) and
(r) are removed, and paragraph (q) is
redesignated as paragraph (p).
I 19. In § 1910.1025, Appendix B,
section XIV. EFFECTIVE DATE—
PARAGRAPH (p) is removed and
section XV is redesignated section XIV.
I
§ 1910.1027
§ 1910.1045
§ 1910.1047
17. In § 1910.1020, paragraph (f)(4)(v),
remove the reference ‘‘paragraph (f)(9)’’
and add in its place, the reference
‘‘paragraph (f)(7)’’.
I
§ 1910.1025
[Amended]
24. In § 1910.1043, paragraph (m) is
removed, and paragraphs (n) and (o) are
redesignated paragraphs (m) and (n),
respectively.
I
28. In § 1910.1048, Appendix A, the
section entitled ‘‘Protective Equipment
and Clothing’’, second paragraph
entitled ‘‘Respiratory Protection:’’ is
revised to read as follows:
I
§ 1910.1048
*
[Amended]
*
Formaldehyde.
*
*
*
Subpart Z—Toxic and Hazardous
Substances
I
20. In § 1910.1027, paragraph (q) is
revised to read as follows:
Appendix A to § 1910.1048—Substance
Technical Guidelines for Formalin
12. The authority citation for 29 CFR
part 1910 subpart Z is revised to read as
follows:
§ 1910.1027
*
cchase on PROD1PC60 with RULES3
I
Authority: Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, 657); Secretary of Labor’s
Order No. 12–71 (36 FR 8754), 8–76 (41 FR
25059), 9–83 (48 Fr 35736), 1–90 (55 FR
9033), 6–96 (62 FR 111), 3–2000 (65 FR
50017), or 5–2002 (67 FR 65008) as
applicable; and 29 CFR part 1911.
All of subpart Z issued under section 6(b)
of the Occupational Safety and Health Act,
except those substances that have exposure
limits listed in Tables Z–1, Z–2, and Z–3 of
29 CFR 1910.1000. The latter were issued
under section 6(a) (29 U.S.C. 655(a)).
§ 1910.1000, Tables Z–1, Z–2 and Z–3 also
issued under 5 U.S.C. 553, § 1910.1000
Tables Z–1, Z–2, and Z–3 not issued under
29 CFR part 1911 except for the arsenic
(organic compounds), benzene, and cotton
dust listings.
§ 1910.1001 also issued under section 107
of the Contract Work Hours and Safety
VerDate Aug<31>2005
18:01 Mar 31, 2006
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Cadmium.
*
*
*
*
*
*
*
*
(q) Appendices. Except where
portions of appendices A, B, D, E, and
F to this section are expressly
incorporated in requirements of this
section, these appendices are purely
informational and are not intended to
create any additional obligations not
otherwise imposed or to detract from
any existing obligations.
*
*
*
*
*
Respiratory Protection: Use NIOSHapproved full facepiece negative pressure
respirators equipped with approved
cartridges or canisters within the use
limitations of these devices. (Present
restrictions on cartridges and canisters do not
permit them to be used for a full workshift.)
In all other situations, use positive pressure
respirators such as the positive-pressure air
purifying respirator or the self-contained
breathing apparatus (SCBA). If you use a
negative pressure respirator, your employer
must provide you with fit testing of the
respirator at least once a year.
§ 1910.1028
*
*
[Amended]
21. In § 1910.1028, paragraph (m) is
removed and reserved, and paragraph
(n) is revised to read as follows:
I
§ 1910.1028
Benzene.
*
*
*
*
*
(n) Appendices. The information
contained in Appendices A, B, C, and D
is not intended, by itself, to create any
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*
*
§ 1910.1050
*
*
[Amended]
29. In § 1910.1050, paragraph (p) is
removed and reserved, paragraph (q) is
revised to read as set forth below, and
paragraph (r) is removed.
I
§ 1910.1050
*
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*
Methylenedianiline.
*
03APR3
*
*
16674
Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules and Regulations
(q) Appendices. The information
contained in Appendices A, B, C, and D
of this section is not intended, by itself,
to create any additional obligations not
otherwise imposed by this standard nor
detract from any existing obligation.
*
*
*
*
*
§ 1910.1051
30. In § 1910.1051, paragraph (d)(2)(i)
is revised to read as set forth below, and
paragraph (n) is removed and reserved.
1,3-Butadiene.
*
*
*
*
*
(d) * * *
(2) Initial monitoring. (i) Each
employer who has a workplace or work
operation covered by this section, shall
perform initial monitoring to determine
accurately the airborne concentrations
of BD to which employees may be
exposed, or shall rely on objective data
pursuant to paragraph (a)(2)(i) of this
section to fulfill this requirement. The
initial monitoring required under this
paragraph shall be completed within 60
days of the introduction of BD into the
workplace.
*
*
*
*
*
§ 1910.1052
[Amended]
31. In § 1910.1052, paragraph (n) is
removed and reserved.
I
§ 1910.1450
PART 1926—SAFETY AND HEALTH
STANDARDS FOR CONSTRUCTION
Part 1926 [Nomenclature change]
37. In 29 CFR part 1926, remove the
reference ‘‘§ 1910.20’’ and add, in its
place, the reference ‘‘§ 1926.33’’ in the
following places:
I a. § 1926.60 (o)(4)(iii), (o)(5)(i),
(o)(5)(iii), (o)(7)(ii), (o)(7)(iii), and
(o)(8)(i).
I b. § 1926.62 (n)(1)(iii), (n)(2)(iv), and
(n)(6)(iv).
I c. § 1926.800 (j)(3).
I d. § 1926.1101 (n)(2)(iii), (n)(3)(i),
(n)(3)(iii), (n)(7)(ii), (n)(7)(iii), and
(n)(8)(i).
I
38.The authority citation for 29 CFR
part 1926 Subpart D is revised to read
as follows:
I
PART 1913—RULES OF AGENCY
PRACTICE AND PROCEDURE
CONCERNING OSHA ACCESS TO
EMPLOYEE MEDICAL RECORDS
33. The authority citation for part
1913 is revised to read as follows:
I
Authority: Sec. 8, Occupational Safety and
Health Act of 1970 (29 U.S.C. 657); Sec. e,
Privacy Act (5 U.S.C. 552a(e); 5 U.S.C. 301);
Secretary of Labor’s Order No. 8–76 (41 FR
25059), or 5–2002 (67 FR 65008) as
applicable.
[Amended]
34. Amend § 1913.10 in (b)(1), (b)(3),
(b)(4), (d)(4)(i), and (e)(3) by removing
the reference ‘‘§ 1910.20’’ and adding, in
its place, the reference ‘‘§ 1910.1020’’,
and by removing paragraph (n).
I
PART 1915—OCCUPATIONAL SAFETY
AND HEALTH STANDARDS FOR
SHIPYARD EMPLOYMENT
cchase on PROD1PC60 with RULES3
36. Amend § 1915.1001 by removing
the reference ‘‘§ 1910.20’’ and adding, in
its place, the reference ‘‘§ 1910.1020’’ in
paragraphs (n)(2)(iii), (n)(3)(i), (n)(3)(iii),
(n)(7)(ii), (n)(7)(iii), and (n)(8)(i), and by
removing paragraph (q).
[Amended]
32. In § 1910.1450, paragraph (k) is
removed and reserved.
35.The authority citation for part 1915
is revised to read as follows:
I
Authority: Section 41, Longshore and
Harbor Workers’ Compensation Act (33
U.S.C. 941), Secs. 4, 6, and 8, Occupational
VerDate Aug<31>2005
[Amended]
Subpart D—Occupational Health and
Environmental Controls
I
§ 1913.10
§ 1915.1001
I
[Amended]
I
§ 1910.1051
Safety and Health Act of 1970 (29 U.S.C.
653,655,657), Secretary of Labor’s Order No.
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; and 29 CFR part 1911.
18:01 Mar 31, 2006
Jkt 208001
Authority: Sec. 107, Contract Work Hours
and Safety Standards Act (Construction
Safety Act) (40 U.S.C. 333); Secs. 4, 6, and
8 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 653, 655, and 657);
Secretary of Labor’s 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; and 29 CFR part 1911.
§ 1926.60
[Amended]
39. In § 1926.60 paragraph (f)(8)(iii) is
revised, paragraphs (q) and (s) are
removed, and paragraph (r) is
redesignated as (q) and revised to read
as follows:
I
§ 1926.60
Methyenedianiline.
*
*
*
*
*
(f) * * *
(8) * * *
(iii) Maintain records of the corrective
actions in accordance with paragraph
(o) of this section.
*
*
*
*
*
(q) Appendices. The information
contained in appendices A, B, C, and D
of this section is not intended, by itself,
to create any additional obligations not
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otherwise imposed by this standard nor
detract from any existing obligation.
*
*
*
*
*
§ 1926.62
[Amended]
40. In § 1926.62, paragraph (d)(2)(v)(F)
is revised, paragraphs (p) and (r) are
removed, and paragraph (q) is
redesignated as paragraph (p).:
I
§ 1926.62
Lead.
*
*
*
*
*
(d) * * *
(2) * * *
(v) * * *
(F) Training as required under
paragraph (l)(1)(i) of this section
regarding 29 CFR 1926.59, Hazard
Communication; training as required
under paragraph (1)(2)(iii) of this
section, regarding use of respirators; and
training in accordance with 29 CFR
1926.21, Safety training and education.
*
*
*
*
*
I 41. In § 1926.62, Appendix B,
paragraph XIV. EFFECTIVE DATE—
Paragraph (P) is removed, and paragraph
XV is redesignated paragraph XIV.
Subpart R—Steel Erection
42. The authority citation for 29 CFR
part 1926 Subpart R is revised to read
as follows:
I
Authority: Sec. 107, Contract Work Hours
and Safety Standards Act (Construction
Safety Act) (40 U.S.C. 333); Sec. 4, 6, and 8,
Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, 657); Secretary of Labor’s
Order No. 3–2000 (65 FR 50017), No. 5–2002
(67 FR 65008), and 29 CFR part 1911.
§ 1926.754
[Amended]
43. In § 1926.754, paragraph (c) is
revised to read as follows:
I
§ 1926.754
Structural steel assembly.
*
*
*
*
*
(c) Walking/working surfaces—shear
connectors and other similar devices. (1)
Tripping hazards. Shear connectors
(such as headed steel studs, steel bars or
steel lugs), reinforcing bars, deformed
anchors or threaded studs shall not be
attached to the top flanges of beams,
joists or beam attachments so that they
project vertically from or horizontally
across the top flange of the member
until after the metal decking, or other
walking/working surface, has been
installed.
(2) Installation of shear connectors on
composite floors, roofs and bridge
decks. When shear connectors are used
in construction of composite floors,
roofs and bridge decks, employees shall
lay out and install the shear connectors
after the metal decking has been
installed, using the metal decking as a
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§ 1926.1092
working platform. Shear connectors
shall not be installed from within a
controlled decking zone (CDZ), as
specified in § 1926.760(c)(8).
*
*
*
*
*
I
44. The authority citation for 29 CFR
part 1926, Subpart Y, is revised to read
as follows:
Authority: Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970
(29 U.S.C. 653, 655, 657); Sec. 107, Contract
Work Hours and Safety Standards Act (the
Construction Safety Standards Act) (40
U.S.C. 333); Sec. 41, Longshore and Harbor
Workers’ Compensation Act (33 U.S.C. 941);
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), 3–2000 (65 FR
50017) or 5–2002 (67 FR 65008) as
applicable; and 29 CFR part 1911.
cchase on PROD1PC60 with RULES3
46. The authority citation for 29 CFR
part 1926 subpart Z is revised to read as
follows:
I
I
18:01 Mar 31, 2006
§ 1926.1127
Subpart Z—Toxic and Hazardous
Substances
Subpart Y — Diving
VerDate Aug<31>2005
[Removed]
45. Section 1926.1092 is removed.
Jkt 208001
16675
[Amended]
48. In § 1926.1127, paragraph (p) is
removed and reserved, paragraph (q)(1)
is removed, and paragraph (q)(2) is
redesignated paragraph (q) and revised
to read as follows:
I
§ 1926.1127
Cadmium.
Authority: Sec. 107, Contract Work Hours
and Safety Standards Act (the Construction
Safety Standards Act) (40 U.S.C. 333); Secs.
4, 6, and 8, Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, 657);
Secretary of Labor’s Order No. 12–71 (36 FR
8754), 8–76 (41 FR 25059), 9–83 (48 FR
35736), 6–96 (62 FR 11), 3–2000 (65 FR
50017), or 5–2002 (67 FR 65008) as
applicable; and 29 CFR part 1911.
§ 1926.1102 not issued under 29 U.S.C. 655
or 29 CFR part 1911; also issued under 5
U.S.C. 553.
*
§ 1926.1101
[FR Doc. 06–3042 Filed 3–31–06; 8:45 am]
[Amended]
47. In § 1926.1101, paragraph (q) is
removed.
I
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*
*
*
*
(q) Appendices. Except where
portions of appendices A, B, D, E, and
F to this section are expressly
incorporated in requirements of this
section, these appendices are purely
informational and are not intended to
create any additional obligations not
otherwise imposed or to detract from
any existing obligations.
*
*
*
*
*
BILLING CODE 4510–26–P
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]]>Agencies
[Federal Register Volume 71, Number 63 (Monday, April 3, 2006)]
[Rules and Regulations]
[Pages 16669-16675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3042]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1913, 1915, and 1926
Technical Amendments
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Final rule; corrections and technical amendments.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor is conducting an ongoing review of its
regulations to update non-substantive or nomenclature references in the
Code of Federal Regulations (CFR). As part of this review, OSHA has
identified safety and health rules needing correction or technical
amendment. The revisions do not affect the substantive requirements or
coverage of the standards involved, modify or revoke existing rights
and obligations, or establish new rights and obligations. The revisions
include updating references and removing obsolete effective dates and
startup dates from existing Agency standards.
DATES: April 3, 2006.
FOR FURTHER INFORMATION CONTACT: Press inquiries: Kevin Ropp, OSHA
[[Page 16670]]
Office of Communications, Room N-3647, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-
1999. General and technical information: Michael Seymour, OSHA
Directorate of Standards and Guidance, Room N-3718, U.S. Department of
Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone:
(202) 693-1950. For additional copies of this Federal Register notice,
contact the Office of Publications, OSHA, U.S. Department of Labor,
Room N-3101, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone: (202) 693-1888. Electronic copies of this Federal Register
notice, as well as news releases and other relevant documents, are
available at OSHA's Web site on the Internet at https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor's strategic outcome goal 4.2 measures the
Department's success in creating a regulatory structure that promotes
compliance flexibility and reduces regulatory burdens. As part of this
strategic goal, the Department of Labor is conducting an on-going
review of its regulations to update non-substantive or nomenclature
references in the Code of Federal Regulations (CFR). The Department is
also publishing in the Federal Register a notice amending references in
Employment Standards Administration and Mine Safety and Health
Administration standards.
As part of this effort, OSHA, in reviewing its regulations, has
found some errors, some incorrect references and some obsolete
provisions. In this corrections and technical amendments document, OSHA
is addressing those items. OSHA has made similar technical revisions in
the past to correct errors. OSHA believes that this action will
increase employee protection and facilitate employer compliance by
improving employer and employee understanding of the affected
provisions.
The revisions do not affect the substantive requirements or
coverage of the standards involved, modify or revoke existing rights
and obligations, or establish new rights and obligations. Therefore,
the Agency has determined that these revisions do not require notice-
and-comment rulemaking. The rule does not change employers' compliance
costs. Employers, for example, are not required to purchase new
equipment or acquire additional skills or expertise. Accordingly, OSHA
concludes that no economic or regulatory flexibility analysis of this
rule is necessary and certifies that the rule will not have a
significant impact on a substantial number of small entities. Because
this final rule does not affect the substantive requirements of the
standards, the Department of Labor has determined that delaying the
effective date of the rule is unnecessary and good cause exists under 5
U.S.C. 553 (b)(3) to make this rule effective immediately upon
publication in the Federal Register.
II. Summary and Explanation
With this rulemaking, OSHA is revising the following standards and
regulations:
A. Effective Dates and Startup Dates
In the safety standards for general industry (29 CFR part 1910),
paragraph (a)(2) of Sec. 1910.178 (``Powered industrial trucks'')
refers to effective dates specified in paragraph (b) of former Sec.
1910.182 (``Effective dates''). OSHA removed Sec. 1910.182 during an
earlier rulemaking, making this reference obsolete. (See 61 FR 9227.)
Therefore, the Agency is removing the reference to Sec. 1910.182(b)
from Sec. 1910.178(a)(2).
Several additional safety standards for general industry have
provisions that contain references to expired effective dates,
including: Sec. 1910.266 (``Logging operations''), the entry entitled
``j. Effective date'' in the table of contents listed in paragraph (a),
as well as paragraph (j) (``Effective date''); and the single-sentence
standard, Sec. 1910.441 (``Effective date''), that specifies the
effective date for the general-industry diving standards in subpart T
(``Commercial Diving Operations''). Accordingly, OSHA is removing: the
entry ``j. Effective date'' in paragraph (a), as well as paragraph (j),
from Sec. 1910.266; and the one-sentence standard, Sec. 1910.441,
from subpart T.
The Agency notes that a number of provisions among OSHA's
substance-specific standards for general industry (part 1910) contain
expired effective dates and/or startup dates, including: Paragraph (p)
of Sec. 1910.95 (``Occupational noise exposure''); paragraph (n) of
Sec. 1910.134 (``Respiratory protection''); paragraph (f) of Sec.
1910.1000 (``Air contaminants''); paragraph (o) of Sec. 1910.1001
(``Asbestos''); paragraph (o) of Sec. 1910.1017 (``Vinyl chloride'');
paragraphs (s) and (u) of Sec. 1910.1018 (``Inorganic arsenic'');
paragraphs (p) and (r), and Section XIV (``Effective Date--Paragraph
(P)'') of Appendix B (``Employee Standard Summary'') of Sec. 1910.1025
(``Lead''); paragraph (m) of Sec. 1910.1028 (``Benzene''); paragraph
(o) of Sec. 1910.1029 (``Coke oven emissions''); paragraphs
(g)(2)(ii)(B) and (g)(2)(iii) of Sec. 1910.1030 (``Bloodborne
pathogens''); paragraph (m) of Sec. 1910.1043 (``Cotton dust'');
paragraph (s) of Sec. 1910.1045 (``Acrylonitrile''); paragraph (m) of
Sec. 1910.1047 (``Ethylene oxide''); paragraph (p) of Sec. 1910.1048
(``Formaldehyde''); paragraphs (p) and (r) of Sec. 1910.1050
(``Methylenedianiline''); paragraph (n) of Sec. 1910.1051 (``1,3-
Butadiene''); paragraph (n) of Sec. 1910.1052 (``Methylene
chloride''); and paragraph (k) of Sec. 1910.1450 (``Occupational
exposure to hazardous chemicals in laboratories''). The Agency is
removing these provisions from the respective standards because the
effective and/or startup dates they contain in the standards are now
fully effective and are no longer relevant for pending enforcement
cases.
In part 1913 (``Rules of Agency Practice and Procedure Concerning
OSHA Access to Employee Medical Records''), paragraph (n) of Sec.
1913.10 (``Rules of agency practice and procedure concerning OSHA
access to employee medical records'') specifies an effective date that
expired over 20 years ago. Accordingly, the Agency is removing
paragraph (n) from Sec. 1913.10.
Among the standards for shipyard employment (part 1915), paragraph
(q) of Sec. 1915.1001 (``Asbestos'') specifies an effective date and
startup dates. These provisions of this standard are now fully
effective, so OSHA is removing paragraph (q) from Sec. 1915.1001.
The Agency also finds that the following provisions of part 1926
(``Safety and Health Regulations for Construction'') contain expired
effective dates and/or startup dates: paragraphs (q) and (s) of Sec.
1926.60 (``Methylenedianiline''), paragraphs (p) and (r), and Section
XIV (``Effective Date--Paragraph (P)'') of Appendix B (``Employee
Standard Summary'') of Sec. 1926.62 (``Lead''); paragraph (q) of Sec.
1926.1101 (``Asbestos''); and paragraph (p) of Sec. 1926.1127
(``Cadmium''). With this rulemaking, OSHA is removing these paragraphs
from the respective standards.
Subpart Y (``Diving'') of part 1926 contains a standard, Sec.
1926.1092 (``Effective date''), that refers to an obsolete general
industry standard (Sec. 1910.441; ``Effective date''). Accordingly,
the Agency is removing Sec. 1926.1092 from the diving standards for
the construction industry.
A number of provisions in parts 1910, 1915, and 1926 refer to the
effective date of a standard as a number of days after the date of
publication in the Federal Register and not to a specific month,
[[Page 16671]]
day, and year. In this rulemaking, OSHA is also removing expired
effective dates in this form.
B. References to Former Sec. 1910.20 (``Access to Employee Exposure
and Medical Records'')
In an earlier rulemaking (see 61 FR 9227), OSHA revised the
designation of former Sec. 1910.20 to Sec. 1910.1020. However, this
previous rulemaking did not revise references to Sec. 1910.20
contained in various (usually recordkeeping) provisions of a number its
standards and regulations.
For each of the following paragraphs in parts 1910 (``Occupational
Safety and Health Standards'') and 1913 (``Rules of Agency Practice and
Procedure Concerning OSHA Access to Employee Medical Records''), OSHA
is removing the reference to Sec. 1910.20 and replacing it with a
reference to the new designation, Sec. 1910.1020: Sec. 1910.95
(``Occupational noise exposure''), paragraph (m)(4); Sec. 1910.120
(``Hazardous waste operations and emergency response''), paragraph
(f)(8)(i); Sec. 1910.440 (``Recordkeeping requirements''), paragraph
(b)(2); Sec. 1910.1001 (``Asbestos''), paragraphs (m)(3)(i),
(m)(3)(iii), (m)(5)(ii), (m)(5)(iii), and (m)(6)(i); Sec. 1910.1003
(``13 Carcinogens (4-nitrobiphenyl, etc.''), paragraph (g)(2)(ii);
Sec. 1910.1017 (``Vinyl chloride''), paragraphs (m)(2) and (m)(3);
Sec. 1910.1018 (``Inorganic arsenic''), paragraphs (q)(3)(ii) and
(q)(4)(iv); Sec. 1910.1025 (``Lead''), paragraphs (n)(4)(ii) and
(n)(5)(iv); Sec. 1910.1027 (``Cadmium''), paragraphs (m)(4)(iii)(H),
(n)(1)(iii), (n)(3)(iii), (n)(5)(i), and (n)(6); Sec. 1910.1029
(``Coke oven emissions''), paragraphs (m)(3)(ii) and (m)(4)(iv); Sec.
1910.1030 (``Bloodborne pathogens''), paragraphs (h)(1)(i), (h)(1)(iv),
(h)(3)(iii), and (h)(4)(i); Sec. 1910.1043 (``Cotton dust''),
paragraphs (k)(3)(ii) and (k)(4)(iv); Sec. 1910.1044 (``1,2-Dibromo-3-
chloropropane''), paragraphs (p)(3)(ii) and (p)(4)(iv); Sec. 1910.1045
(``Acrylonitrile''), paragraphs (q)(4)(ii) and (q)(5)(iv); Sec.
1910.1047 (``Ethylene oxide''), paragraphs (k)(2)(iii), (k)(3)(i),
(k)(3)(iii), (k)(4)(ii), (k)(4)(iii), and (k)(5)(i); Sec. 1910.1048
(``Formaldehyde''), paragraphs (o)(6)(ii) and (o)(6)(iii); Sec.
1910.1050 (``Methylenedianiline''), paragraphs (n)(3)(i), (n)(3)(iii),
(n)(4)(i), (n)(4)(iv), (n)(6)(ii), (n)(6)(iii), and (n)(7)(i); Sec.
1910.1051 (``1,3-Butadiene''), paragraphs (m)(2)(iii), (m)(4)(iii),
(m)(5)(ii), and (m)(6)(ii); and Sec. 1913.10 (``Rules of agency
practice and procedure concerning OSHA access to employee medical
records''), paragraphs (b)(1), (b)(3), (b)(4), (d)(4)(i), and (e)(3).
OSHA is also revising the reference to Sec. 1910.20 in several
paragraphs of part 1915 (``Occupational Safety and Health Standards for
Shipyard Employment''). These paragraphs are: Sec. 1915.1001
(Asbestos), paragraphs (n)(2)(iii), (n)(3)(i), (n)(3)(iii), (n)(7)(ii),
(n)(7)(iii), and (n)(8)(i).
A number of paragraphs in part 1926 (``Safety and Health
Regulations for Construction'') also refer incorrectly to Sec.
1910.20. Therefore, the Agency is revising these paragraphs to refer
instead to Sec. 1926.33, the construction standard that regulates
access to employee exposure and medical records: Sec. 1926.60
(``Methylenedianiline''), paragraphs (o)(4)(iii), (o)(5)(i),
(o)(5)(iii), (o)(7)(ii), (o)(7)(iii), and (o)(8)(i); Sec. 1926.62
(``Lead''), paragraphs (n)(1)(iii), (n)(2)(iv), and (n)(6)(iv); Sec.
1926.800 (``Underground construction''), paragraph (j)(3); and Sec.
1926.1101 (``asbestos''), paragraphs (n)(2)(iii), (n)(3)(i),
(n)(3)(iii), (n)(7)(ii), (n)(7)(iii), and (n)(8)(i).
C. Removal or Correction of Other Outdated Provisions and References
1. Access to Employee Exposure and Medical Records (Sec. 1910.1020)
One of the trade-secret provisions of this standard, paragraph
(f)(4)(v), specifies that health professionals, employees, or
designated representatives who request access to trade-secret
information from an employer must ``agree not to release the
information * * * other than to OSHA, as provided in paragraph (f)(9)
of this section * * *.'' However, paragraph (f)(9) addresses how the
requesting party can obtain redress from OSHA if an employer denies
access to trade-secret information, while paragraph (f)(7) of the
standard discusses releasing trade-secret information to the Agency if
the requesting party decides that a need to do so exists. Therefore,
paragraph (f)(4)(v) of the standard should refer to paragraph (f)(7),
not paragraph (f)(9), when addressing the release of trade-secret
information to OSHA. By this rulemaking, the Agency is correcting this
reference.
2. Cadmium (Sec. 1910.1027 and Sec. 1926.1127)
Paragraph (q)(1) in each of OSHA's cadmium standards contains a
reference to Appendix C. The Agency deleted Appendix C during an
earlier rulemaking (see 63 FR 1152); therefore, it is removing existing
paragraph (q)(1) from these standards.
3. Benzene (Sec. 1910.1028)
The last sentence in paragraph (n) of this standard states, ``The
protocols for respiratory fit testing in Appendix E of this section are
mandatory.'' However, the Agency removed Appendix E from this standard
in a previous rulemaking (see 63 FR 1152). Therefore, OSHA is deleting
this entire sentence from paragraph (n) of the standard.
4. Formaldehyde (Sec. 1910.1048)
Appendix A of the formaldehyde standard refers to Appendix E in the
last sentence of the paragraph designated ``Respiratory Protection'' in
the section titled ``Protective Equipment and Clothing.'' However, the
Agency removed Appendix E from this standard in a previous rulemaking
(see 63 FR 1152). Therefore, OSHA is deleting the reference to Appendix
E from this paragraph and section of Appendix A.
5. Methylenedianiline (Sec. 1910.1050 and Sec. 1926.60)
Paragraph (f)(8)(iii) of Sec. 1926.60 reads, ``Maintain records of
the corrective actions in accordance with paragraph (n) of this
section.'' The reference paragraph in this provision should be
paragraph (o) (``Recordkeeping''), not paragraph (n) (``Medical
surveillance''). The Agency is revising the provision accordingly.
The last sentence in paragraph (q) of Sec. 1910.1050 and paragraph
(r) of Sec. 1926.60 states, ``The protocols for respiratory fit
testing in appendix E of this section are mandatory.'' However, the
Agency removed Appendix E from both these standards in a previous
rulemaking (see 63 FR 1296). Therefore, OSHA is deleting this entire
sentence from paragraphs (q) and (r), respectively, of these standards.
6. 1,3-Butadiene (Sec. 1910.1051)
Paragraph (n) contains effective and start-up dates. The Agency is
removing paragraph (n) from this standard because the start-up dates
have expired. However, one start-up date is still current, paragraph
(n)(2)(i), which requires employers to conduct initial monitoring
within 60 days of introducing 1,3-Butadiene (BD) into the workplace.
OSHA is preserving this requirement by adding a sentence to paragraph
(d)(2)(i) that reads: ``The initial monitoring required under this
paragraph shall be completed within 60 days of the introduction of BD
into the workplace.''
7. Lead (Sec. 1926.62)
Paragraph (d)(2)(v)(F) of this standard specifies that, until
employers perform exposure assessments according to
[[Page 16672]]
paragraph (d) of the standard, they must provide designated employees
with interim protection, including ``training as required by paragraph
(l)(2)(ii)(C) of this section, regarding the use of respirators[.]''
However, paragraph (l)(2)(iii) of this standard regulates training for
the proper selection, fitting, use, and limitations of respirator use
and there is no paragraph (l)(2)(ii)(C). Accordingly, the Agency is
removing the reference to paragraph (l)(2)(ii)(C) in paragraph
(d)(2)(v)(F) of the standard and replacing it with a reference to the
correct reference, paragraph (l)(2)(iii) of the standard.
8. Structural Steel Assembly (Sec. 1926.754)
Section 1926.754 (c)(2), Slip resistance of metal decking, is a
reserved section that has no text and therefore is being removed.
III. Authority
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 651, 655, and 657); Section 41 of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941);
Section 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 3704); Secretary of Labor's Order 5-2002 (67 FR 65008); 29
CFR part 1911; and the Administrative Procedures Act (5 U.S.C 553).
Jonathan L. Snare, Acting Assistant Secretary of Labor, U.S.
Department of Labor, 200 Constitution Ave, NW., Washington, DC 20210
directed the preparation of this notice.
Signed at Washington, DC, this 3rd day of March, 2006.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
List of Subjects
29 CFR Part 1910
Airborne lead; Blood lead; Blood-lead analysis; Coke-oven
emissions; Construction; Effective date; Employee information; Exposure
record; Fit-testing record; Formaldehyde; Initial exposure monitoring;
Medical record; Methylenedianiline; Part 1910, Index; Recordkeeping;
Respirators; Respiratory protection; Respirator training; Respirator
selection; Startup date; Trade-secret information; 1,3-Butadiene; 13
Carcinogens.
29 CFR Part 1913
Record access; Effective date; Exposure record; Medical record;
Startup date; Privacy.
29 CFR Part 1915
Asbestos; Effective date; Exposure record; Medical record;
Respirators; Respiratory protection; Shipyards; Startup date.
29 CFR Part 1926
Airborne lead; Blood lead; Coke oven emissions; Construction;
Effective date; Exposure record; Lead exposure; Medical record;
Methylenedianiline; Recordkeeping; Respirator training; Startup date.
Amendments to Standards
0
In accordance with Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, and 657), Section 41 of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941), Section
107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
3704), the Administrative Procedures Act (5 U.S.C. 553(b)(3)(B)),
Secretary of Labor's Order No. 5-2002 (67 FR 65008), and 29 CFR 1911 as
applicable, the Agency corrects 29 CFR parts 1908, 1910, 1913, 1915,
1917, 1918, and 1926 by making the following corrections and technical
amendments:
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Part 1910 [Nomenclature change]
0
1. In 29 CFR part 1910, remove the reference ``Sec. 1910.20'' and add,
in its place, the reference ``Sec. 1910.1020'' in the following
paragraphs:
0
a. Sec. 1910.95(m)(4)
0
b. Sec. 1910.120(f)(8)(i)
0
c. Sec. 1910.440(b)(2)
0
d. Sec. 1910.1001(m)(3)(i), (m)(3)(iii), (m)(5)(ii), (m)(5)(iii), and
(m)(6)(i)
0
e. Sec. 1910.1003(g)(2)(ii)
0
f. Sec. 1910.1017(m)(2) introductory text and (m)(3)
0
g. Sec. 1910.1018(q)(3)(ii) and (q)(4)(iv)
0
h. Sec. 1910.1025(n)(4)(ii) and (n)(5)(iv)
0
i. Sec. 1910.1027(m)(4)(iii)(H), (n)(1)(iii), (n)(3)(iii), (n)(5)(i),
and (n)(6)
0
j. Sec. 1910.1029(m)(3)(ii) and (m)(4)(iv)
0
k. Sec. 1910.1030(h)(1)(i), (h)(1)(iv), (h)(3)(iii), and (h)(4)(i)
0
l. Sec. 1910.1043(k)(3)(ii) and (k)(4)(iv)
0
m. Sec. 1910.1044(p)(3)(ii) and (p)(4)(iv)
0
n. Sec. 1910.1045(q)(4)(ii) and (q)(5)(iv)
0
o. Sec. 1910.1047(k)(2)(iii), (k)(3)(i), (k)(3)(iii), (k)(4)(ii),
(k)(4)(iii), and (k)(5)(i)
0
p. Sec. 1910.1048(o)(6)(ii) and (o)(6)(iii)
0
q. Sec. 1910.1050(n)(3)(i), (n)(3)(iii), (n)(4)(i), (n)(4)(iv),
(n)(6)(ii), (n)(6)(iii), and (n)(7)(i)
0
r. Sec. 1910.1051(m)(2)(iii), (m)(4)(iii), (m)(5)(ii), and (m)(6)(ii)
Subpart G--Occupational Health and Environmental Control
0
2. The authority citation for 29 CFR part 1910 subpart G is revised to
read as follows:
Authority: Secs. 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
or 5-2002 (67 FR 50017) as applicable; and 29 CFR part 1911.
Sec. 1910.95 [Amended]
0
3. In Sec. 1910.95, paragraph (p) is removed.
Subpart I--Personal Protective Equipment
0
4. In 29 CFR part 1910, the authority citation for subpart I is revised
to read as follows:
Authority: Secs. 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
or 5-2002 (67 FR 65008) as applicable; and 29 CFR part 1911.
Sec. Sec. 1910.132, 1910.134, and 1910.136 also issued under 29
CFR part 1911.
Sec. Sec. 1910.133, 1910.135, and 1910.136 also issued under 29
CFR part 1911 and 5 U.S.C. 553.
Sec. 1910.134 [Amended]
0
5. In Sec. 1910.134, paragraph (n) is removed and reserved.
Subpart N--Materials Handling and Storage
0
6. In 29 CFR part 1910, the authority citation for subpart N is revised
to read as follows:
Authority: Secs. 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
or 5-2002 (67 FR 65008) as applicable; and 29 CFR part 1911.
Sec. Sec. 1910.176, 1910.177, 1910.178, 1910.179, 1910.180,
1910.181, and 1910.184 also issued under 29 CFR part 1911.
0
7. In Sec. 1910.178, paragraph (a)(2) is revised to read as follows:
Sec. 1910.178 Powered industrial trucks.
(a) * * *
(2) All new powered industrial trucks acquired and used by an
employer shall meet the design and construction requirements for
powered industrial trucks established in the ``American National
Standard for Powered Industrial Trucks, Part II, ANSI B56.1-1969'',
which is incorporated by reference as specified in Sec. 1910.6, except
for vehicles intended primarily for earth moving or over-the-road
hauling.
* * * * *
[[Page 16673]]
Subpart R--Special Industries
0
8. The authority citation for 29 CFR Part 1910 subpart R is revised to
read as follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 6-96 (62 FR 111), 3-2000 (65 FR 50017), or 5-2002 (67 FR
65008) as applicable; and 29 CFR part 1911.
Sec. 1910.266 [Amended]
0
9. In Sec. 1910.266, paragraph (a), Table of Contents, the entry ``j.
Effective date'' is removed, the entry ``k. Appendices'' is
redesignated ``j. Appendices'', and the text of paragraph (j) is
removed and paragraph (k) is redesignated as paragraph (j).
* * * * *
Subpart T--Commercial Diving Operations
0
10. The authority citation for 29 CFR part 1910 subpart T is revised to
read as follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, and 657); Sec. 107, Contract
Work Hours and Safety Standards Act (the Construction Safety Act)
(40 U.S.C. 333); Sec. 41, Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 941); Secretary of Labor's Order No. 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 3-2000 (65 FR 50017),
or 5-2002 (67 FR 65008) as applicable; 29 CFR part 1911.
Sec. 1910.441 [Removed]
0
11. Remove Sec. 1910.441.
Subpart Z--Toxic and Hazardous Substances
0
12. The authority citation for 29 CFR part 1910 subpart Z is revised to
read as follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 Fr
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
or 5-2002 (67 FR 65008) as applicable; and 29 CFR part 1911.
All of subpart Z issued under section 6(b) of the Occupational
Safety and Health Act, except those substances that have exposure
limits listed in Tables Z-1, Z-2, and Z-3 of 29 CFR 1910.1000. The
latter were issued under section 6(a) (29 U.S.C. 655(a)).
Sec. 1910.1000, Tables Z-1, Z-2 and Z-3 also issued under 5
U.S.C. 553, Sec. 1910.1000 Tables Z-1, Z-2, and Z-3 not issued
under 29 CFR part 1911 except for the arsenic (organic compounds),
benzene, and cotton dust listings.
Sec. 1910.1001 also issued under section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 333) and 5 U.S.C.
553.
Sec. 1910.1002 not issued under 29 U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 553.
Sec. 1910.1018, 1910.1029, and 1910.1200 are also issued under
29 U.S.C. 653.
Sec. 1910.1000 [Amended]
0
13. In Sec. 1910.1000, paragraph (f) is removed.
Sec. 1910.1001 [Amended]
0
14. In Sec. 1910.1001, paragraph (o) is removed, and paragraph (p) is
redesignated paragraph (o).
Sec. 1910.1017 [Amended]
0
15. In Sec. 1910.1017, paragraph (o) is removed.
Sec. 1910.1018 [Amended]
0
16. In Sec. 1910.1018, paragraph (s) is removed, and paragraph (t) is
redesignated paragraph (s) and paragraph (u) is removed.
Sec. 1910.1020 [Amended]
0
17. In Sec. 1910.1020, paragraph (f)(4)(v), remove the reference
``paragraph (f)(9)'' and add in its place, the reference ``paragraph
(f)(7)''.
Sec. 1910.1025 [Amended]
0
18. In Sec. 1910.1025, paragraphs (p) and (r) are removed, and
paragraph (q) is redesignated as paragraph (p).
0
19. In Sec. 1910.1025, Appendix B, section XIV. EFFECTIVE DATE--
PARAGRAPH (p) is removed and section XV is redesignated section XIV.
Sec. 1910.1027 [Amended]
0
20. In Sec. 1910.1027, paragraph (q) is revised to read as follows:
Sec. 1910.1027 Cadmium.
* * * * *
(q) Appendices. Except where portions of appendices A, B, D, E, and
F to this section are expressly incorporated in requirements of this
section, these appendices are purely informational and are not intended
to create any additional obligations not otherwise imposed or to
detract from any existing obligations.
* * * * *
Sec. 1910.1028 [Amended]
0
21. In Sec. 1910.1028, paragraph (m) is removed and reserved, and
paragraph (n) is revised to read as follows:
Sec. 1910.1028 Benzene.
* * * * *
(n) Appendices. The information contained in Appendices A, B, C,
and D is not intended, by itself, to create any additional obligations
not otherwise imposed or to detract from any existing obligations.
* * * * *
Sec. 1910.1029 [Amended]
0
22. In Sec. 1910.1029, paragraph (o) is removed and reserved.
Sec. 1910.1030 [Amended]
0
23. In Sec. 1910.1030, paragraph (g)(2)(ii)(B) is removed, and
paragraph (g)(2)(ii)(C) is redesignated paragraph (g)(2)(ii)(B), and
paragraph (g)(2)(iii) is removed and reserved.
Sec. 1910.1043 [Amended]
0
24. In Sec. 1910.1043, paragraph (m) is removed, and paragraphs (n)
and (o) are redesignated paragraphs (m) and (n), respectively.
Sec. 1910.1045 [Amended]
0
25. In Sec. 1910.1045, paragraph (s) is removed and reserved.
Sec. 1910.1047 [Amended]
0
26. In Sec. 1910.1047, paragraph (m) is removed and reserved.
Sec. 1910.1048 [Amended]
0
27. In Sec. 1910.1048, paragraph (p) is removed.
0
28. In Sec. 1910.1048, Appendix A, the section entitled ``Protective
Equipment and Clothing'', second paragraph entitled ``Respiratory
Protection:'' is revised to read as follows:
Sec. 1910.1048 Formaldehyde.
* * * * *
Appendix A to Sec. 1910.1048--Substance Technical Guidelines for
Formalin
* * * * *
Respiratory Protection: Use NIOSH-approved full facepiece
negative pressure respirators equipped with approved cartridges or
canisters within the use limitations of these devices. (Present
restrictions on cartridges and canisters do not permit them to be
used for a full workshift.) In all other situations, use positive
pressure respirators such as the positive-pressure air purifying
respirator or the self-contained breathing apparatus (SCBA). If you
use a negative pressure respirator, your employer must provide you
with fit testing of the respirator at least once a year.
* * * * *
Sec. 1910.1050 [Amended]
0
29. In Sec. 1910.1050, paragraph (p) is removed and reserved,
paragraph (q) is revised to read as set forth below, and paragraph (r)
is removed.
Sec. 1910.1050 Methylenedianiline.
* * * * *
[[Page 16674]]
(q) Appendices. The information contained in Appendices A, B, C,
and D of this section is not intended, by itself, to create any
additional obligations not otherwise imposed by this standard nor
detract from any existing obligation.
* * * * *
Sec. 1910.1051 [Amended]
0
30. In Sec. 1910.1051, paragraph (d)(2)(i) is revised to read as set
forth below, and paragraph (n) is removed and reserved.
Sec. 1910.1051 1,3-Butadiene.
* * * * *
(d) * * *
(2) Initial monitoring. (i) Each employer who has a workplace or
work operation covered by this section, shall perform initial
monitoring to determine accurately the airborne concentrations of BD to
which employees may be exposed, or shall rely on objective data
pursuant to paragraph (a)(2)(i) of this section to fulfill this
requirement. The initial monitoring required under this paragraph shall
be completed within 60 days of the introduction of BD into the
workplace.
* * * * *
Sec. 1910.1052 [Amended]
0
31. In Sec. 1910.1052, paragraph (n) is removed and reserved.
Sec. 1910.1450 [Amended]
0
32. In Sec. 1910.1450, paragraph (k) is removed and reserved.
PART 1913--RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING OSHA
ACCESS TO EMPLOYEE MEDICAL RECORDS
0
33. The authority citation for part 1913 is revised to read as follows:
Authority: Sec. 8, Occupational Safety and Health Act of 1970
(29 U.S.C. 657); Sec. e, Privacy Act (5 U.S.C. 552a(e); 5 U.S.C.
301); Secretary of Labor's Order No. 8-76 (41 FR 25059), or 5-2002
(67 FR 65008) as applicable.
Sec. 1913.10 [Amended]
0
34. Amend Sec. 1913.10 in (b)(1), (b)(3), (b)(4), (d)(4)(i), and
(e)(3) by removing the reference ``Sec. 1910.20'' and adding, in its
place, the reference ``Sec. 1910.1020'', and by removing paragraph
(n).
PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT
0
35.The authority citation for part 1915 is revised to read as follows:
Authority: Section 41, Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 941), Secs. 4, 6, and 8, Occupational
Safety and Health Act of 1970 (29 U.S.C. 653,655,657), Secretary of
Labor's Order No. 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; and 29 CFR part 1911.
Sec. 1915.1001 [Amended]
0
36. Amend Sec. 1915.1001 by removing the reference ``Sec. 1910.20''
and adding, in its place, the reference ``Sec. 1910.1020'' in
paragraphs (n)(2)(iii), (n)(3)(i), (n)(3)(iii), (n)(7)(ii),
(n)(7)(iii), and (n)(8)(i), and by removing paragraph (q).
PART 1926--SAFETY AND HEALTH STANDARDS FOR CONSTRUCTION
Part 1926 [Nomenclature change]
0
37. In 29 CFR part 1926, remove the reference ``Sec. 1910.20'' and
add, in its place, the reference ``Sec. 1926.33'' in the following
places:
0
a. Sec. 1926.60 (o)(4)(iii), (o)(5)(i), (o)(5)(iii), (o)(7)(ii),
(o)(7)(iii), and (o)(8)(i).
0
b. Sec. 1926.62 (n)(1)(iii), (n)(2)(iv), and (n)(6)(iv).
0
c. Sec. 1926.800 (j)(3).
0
d. Sec. 1926.1101 (n)(2)(iii), (n)(3)(i), (n)(3)(iii), (n)(7)(ii),
(n)(7)(iii), and (n)(8)(i).
Subpart D--Occupational Health and Environmental Controls
0
38.The authority citation for 29 CFR part 1926 Subpart D is revised to
read as follows:
Authority: Sec. 107, Contract Work Hours and Safety Standards
Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6, and 8 of
the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
and 657); Secretary of Labor's 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;
and 29 CFR part 1911.
Sec. 1926.60 [Amended]
0
39. In Sec. 1926.60 paragraph (f)(8)(iii) is revised, paragraphs (q)
and (s) are removed, and paragraph (r) is redesignated as (q) and
revised to read as follows:
Sec. 1926.60 Methyenedianiline.
* * * * *
(f) * * *
(8) * * *
(iii) Maintain records of the corrective actions in accordance with
paragraph (o) of this section.
* * * * *
(q) Appendices. The information contained in appendices A, B, C,
and D of this section is not intended, by itself, to create any
additional obligations not otherwise imposed by this standard nor
detract from any existing obligation.
* * * * *
Sec. 1926.62 [Amended]
0
40. In Sec. 1926.62, paragraph (d)(2)(v)(F) is revised, paragraphs (p)
and (r) are removed, and paragraph (q) is redesignated as paragraph
(p).:
Sec. 1926.62 Lead.
* * * * *
(d) * * *
(2) * * *
(v) * * *
(F) Training as required under paragraph (l)(1)(i) of this section
regarding 29 CFR 1926.59, Hazard Communication; training as required
under paragraph (1)(2)(iii) of this section, regarding use of
respirators; and training in accordance with 29 CFR 1926.21, Safety
training and education.
* * * * *
0
41. In Sec. 1926.62, Appendix B, paragraph XIV. EFFECTIVE DATE--
Paragraph (P) is removed, and paragraph XV is redesignated paragraph
XIV.
Subpart R--Steel Erection
0
42. The authority citation for 29 CFR part 1926 Subpart R is revised to
read as follows:
Authority: Sec. 107, Contract Work Hours and Safety Standards
Act (Construction Safety Act) (40 U.S.C. 333); Sec. 4, 6, and 8,
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Order No. 3-2000 (65 FR 50017), No. 5-
2002 (67 FR 65008), and 29 CFR part 1911.
Sec. 1926.754 [Amended]
0
43. In Sec. 1926.754, paragraph (c) is revised to read as follows:
Sec. 1926.754 Structural steel assembly.
* * * * *
(c) Walking/working surfaces--shear connectors and other similar
devices. (1) Tripping hazards. Shear connectors (such as headed steel
studs, steel bars or steel lugs), reinforcing bars, deformed anchors or
threaded studs shall not be attached to the top flanges of beams,
joists or beam attachments so that they project vertically from or
horizontally across the top flange of the member until after the metal
decking, or other walking/working surface, has been installed.
(2) Installation of shear connectors on composite floors, roofs and
bridge decks. When shear connectors are used in construction of
composite floors, roofs and bridge decks, employees shall lay out and
install the shear connectors after the metal decking has been
installed, using the metal decking as a
[[Page 16675]]
working platform. Shear connectors shall not be installed from within a
controlled decking zone (CDZ), as specified in Sec. 1926.760(c)(8).
* * * * *
Subpart Y -- Diving
0
44. The authority citation for 29 CFR part 1926, Subpart Y, is revised
to read as follows:
Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Sec. 107, Contract
Work Hours and Safety Standards Act (the Construction Safety
Standards Act) (40 U.S.C. 333); Sec. 41, Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 941); 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), 3-2000 (65 FR 50017) or 5-2002 (67 FR
65008) as applicable; and 29 CFR part 1911.
Sec. 1926.1092 [Removed]
0
45. Section 1926.1092 is removed.
Subpart Z--Toxic and Hazardous Substances
0
46. The authority citation for 29 CFR part 1926 subpart Z is revised to
read as follows:
Authority: Sec. 107, Contract Work Hours and Safety Standards
Act (the Construction Safety Standards Act) (40 U.S.C. 333); Secs.
4, 6, and 8, Occupational Safety and Health Act of 1970 (29 U.S.C.
653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754),
8-76 (41 FR 25059), 9-83 (48 FR 35736), 6-96 (62 FR 11), 3-2000 (65
FR 50017), or 5-2002 (67 FR 65008) as applicable; and 29 CFR part
1911.
Sec. 1926.1102 not issued under 29 U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 553.
Sec. 1926.1101 [Amended]
0
47. In Sec. 1926.1101, paragraph (q) is removed.
Sec. 1926.1127 [Amended]
0
48. In Sec. 1926.1127, paragraph (p) is removed and reserved,
paragraph (q)(1) is removed, and paragraph (q)(2) is redesignated
paragraph (q) and revised to read as follows:
Sec. 1926.1127 Cadmium.
* * * * *
(q) Appendices. Except where portions of appendices A, B, D, E, and
F to this section are expressly incorporated in requirements of this
section, these appendices are purely informational and are not intended
to create any additional obligations not otherwise imposed or to
detract from any existing obligations.
* * * * *
[FR Doc. 06-3042 Filed 3-31-06; 8:45 am]
BILLING CODE 4510-26-P
