Updating National Consensus Standards in OSHA's Standard for Fire Protection in Shipyard Employment., 60843-60847 [E6-17124]
Download as PDF
<![CDATA[
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Rules and Regulations
taxpayer’s request for an equivalent
hearing, if properly transmitted and
addressed as provided in A–I10 of this
paragraph (i)(2).
Q–I9. Is the one-year period within
which a taxpayer must make a request
for an equivalent hearing extended
because the taxpayer resides outside the
United States?
A–I9. No. All taxpayers who want an
equivalent hearing concerning the filing
of the NFTL must request the hearing
within the one-year period commencing
the day after the end of the fivebusiness-day period following the filing
of the NFTL.
Q–I10. Where must the written
request for an equivalent hearing be
sent?
A–I10. The written request for an
equivalent hearing must be sent, or
hand delivered (if permitted), to the IRS
office and address as directed on the
CDP Notice. If the address of the issuing
office does not appear on the CDP
Notice, the taxpayer should obtain the
address of the office to which the
written request should be sent or hand
delivered by calling, toll-free, 1–800–
829–1040 and providing the taxpayer’s
identification number (e.g., SSN, ITIN or
EIN).
Q–I11. What will happen if the
taxpayer does not request an equivalent
hearing in writing within the one-year
period commencing the day after the
end of the five-business-day period
following the filing of the NFTL?
A–I11. If the taxpayer does not
request an equivalent hearing with
Appeals within the one-year period
commencing the day after the end of the
five-business-day period following the
filing of the NFTL, the taxpayer foregoes
the right to an equivalent hearing with
respect to the unpaid tax and tax
periods shown on the CDP Notice. A
written request submitted within the
one-year period that does not satisfy the
requirements set forth in A–I1(ii) of this
paragraph (i)(2) is considered timely if
the request is perfected within a
reasonable period of time pursuant to
A–I1(iii) of this paragraph (i)(2). If a
request for equivalent hearing is
untimely, either because the request was
not submitted within the one-year
period or not perfected within the
reasonable period provided, the
equivalent hearing request will be
denied. The taxpayer, however, may
seek reconsideration by the IRS office
collecting the tax, assistance from the
National Taxpayer Advocate, or an
administrative hearing before Appeals
under its Collection Appeals Program or
any successor program.
(j) Effective date. This section is
applicable on or after November 16,
VerDate Aug<31>2005
02:22 Oct 17, 2006
Jkt 211001
2006, with respect to requests made for
CDP hearings or equivalent hearings on
or after November 16, 2006.
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
Approved: October 6, 2006.
Eric Solomon,
Acting Deputy Assistant Secretary of the
Treasury (Tax Policy).
[FR Doc. E6–17140 Filed 10–16–06; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1915
[Docket No. S–051A]
RIN 1218–AC16
Updating National Consensus
Standards in OSHA’s Standard for Fire
Protection in Shipyard Employment.
Occupational Safety and Health
Administration, Department of Labor.
ACTION: Direct final rule.
AGENCY:
SUMMARY: On September 15, 2004, the
Occupational Safety and Health
Administration (OSHA) promulgated a
new fire protection rule for shipyard
employment that incorporated by
reference 19 National Fire Protection
Association (NFPA) standards. Ten of
those NFPA standards had been
updated by NFPA since the fire
protection rule was proposed and an
additional NFPA standard has been
updated since the final rule was
published. In this direct final rule,
OSHA is replacing the references to
those eleven NFPA standards by adding
the most recent versions.
DATES: This direct final rule will
become effective on January 16, 2007
unless significant adverse comment is
received by November 16, 2006. If
significant adverse comment is received,
OSHA will publish a timely withdrawal
of this rule. The incorporation by
reference of certain publications listed
in this rule is approved by the Director
of the Federal Register as of January 16,
2007.
Comments to this direct final rule
must be submitted by the following
dates: Hard copy: Your comments must
be submitted (postmarked or sent) by
November 16, 2006. Electronic
transmission and facsimile: Your
comments must be sent by November
16, 2006.
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
60843
You may submit written
comments to this direct final rule—
identified by docket number S–051A or
RIN number 1218–AC16—by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• OSHA Web site: https://
ecomments.osha.gov. Follow the
instructions for submitting comments
on OSHA’s web page.
• Fax: If your written comments are
10 pages or fewer, you may 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–051A, 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). OSHA Docket Office
hours of operation are 8:15 a.m. to 4:45
p.m., EST.
FOR FURTHER INFORMATION: For general
information and press inquiries, contact
Kevin Ropp, Director, OSHA Office of
Communications, Room N–3647, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone: (202) 693–1999. For
technical inquiries, contact Jim
Maddux, Director, Office of Maritime,
Directorate of Standards and Guidance,
Room N–3609, OSHA, U.S. Department
of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone:
(202) 693–2086 or fax (202) 693–1663.
Copies of this Federal Register notice
are available from the OSHA Office of
Publications, Room N–3101, U.S.
Department of Labor, 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 page at https://www.osha.gov.
For access to the docket to read
background documents or comments
received, go to https://dockets.osha.gov.
Contact the OSHA Docket Office for
information about materials not
available through the OSHA Web page
and for assistance in using the Web page
to locate docket submissions.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Contents
I. Request for Comment
II. Direct Final Rulemaking
III. Discussion of Changes
IV. Legal Considerations
V. Final Economic Analysis and Regulatory
Flexibility Act Certification
VI. Paperwork Reduction Act
E:\FR\FM\17OCR1.SGM
17OCR1
60844
Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Rules and Regulations
VII. Federalism
VIII. State Plan States
IX. Unfunded Mandates Reform Act
X. List of Subjects for 29 CFR Part 1915
XI. Authority and Signature
I. Request for Comment
OSHA requests comments on all
issues related to this action. OSHA also
welcomes comments on the Agency’s
findings that there are not negative
economic or other regulatory impacts of
this action on the regulated community.
If OSHA receives no significant adverse
comment, OSHA will publish a Federal
Register document confirming the
effective date of this direct final rule
and withdrawing the companion
proposed rule published in the
Proposed Rules section of today’s
Federal Register. Such confirmation
may include minor stylistic or technical
changes to the document.
Comments received will be posted
without change to https://
dockets.osha.gov, including any
personal information provided. OSHA
cautions you about submitting personal
information such as social security
numbers and birth dates.
II. Direct Final Rulemaking
In direct final rulemaking, an agency
publishes a final rule in the Federal
Register with a statement that the rule
will go into effect unless a significant
adverse comment is received within a
specified period of time. An identical
proposed rule is often published at the
same time. If no significant adverse
comments are submitted, the rule goes
into effect. If any significant adverse
comments are received, the agency
withdraws the direct final rule and
treats the comments as responses to the
proposed rule. Direct final rulemaking is
used where an agency anticipates that a
rule will not be controversial. Examples
include minor substantive changes to
regulations updating incorporated
references to the latest edition of
national consensus standards, and
direct incorporations of mandates from
new legislation.
For purposes of this direct final
rulemaking, a significant adverse
comment is one that explains why the
rule would be inappropriate, including
challenges to the rule’s underlying
premise or approach. In determining
whether a comment necessitates
withdrawal of the direct final rule,
OSHA will consider whether the
comment raises an issue serious enough
to warrant a substantive response in a
notice-and-comment process. A
comment recommending additional
changes will not be considered a
significant adverse comment unless the
comment states why the direct final rule
would be ineffective without the
addition. If a timely significant adverse
comment is received, the Agency will
publish a notice of significant adverse
comment in the Federal Register
withdrawing this direct final rule no
later than January 16, 2007.
OSHA is also publishing today a
companion proposed rule, which is
identical to this direct final rule. In the
event the direct final rule is withdrawn
because of significant adverse comment,
OSHA intends to proceed with the
rulemaking by addressing the
comment(s) and publishing a new final
rule. If a significant adverse comment is
received regarding certain revisions
included in this direct final rule, but not
others, OSHA may (1) Finalize those
changes that did not receive significant
adverse comment, and (2) conduct
further rulemaking under the
companion proposed rule for the
changes that did receive significant
adverse comment. The comment period
for the proposed rule runs concurrently
with that of the direct final rule. Any
comments received under the
companion proposed rule will be
treated as comments regarding the direct
final rule. Likewise, significant adverse
comments submitted to the direct final
rule will be considered as comments to
the companion proposed rule; the
Agency will consider such comments in
developing a subsequent final rule.
OSHA has determined that the subject
of this rulemaking is suitable for direct
final rulemaking. This direct final rule
will enhance OSHA’s fire protection in
shipyard standard by adding the most
current NFPA consensus standards to
the OSHA standard. OSHA’s changes
will benefit the safety of employees by
requiring employers to comply with the
newer standards, which may be even
more protective than the older
standards. Furthermore, OSHA’s
changes will not result in additional
compliance costs. OSHA does not
anticipate any objections to this direct
final rule.
III. Discussion of Changes
On September 15, 2004, OSHA issued
a new fire protection final rule for
shipyard employment that incorporated
by reference 19 National Fire Protection
Association (NFPA) standards (69 FR
55667). The purpose of this direct final
rule is to add ten recently updated
NFPA standards to the standard for fire
protection in shipyard employment. The
10 NFPA standards are new versions of
11 NFPA standards currently in OSHA’s
standard. The reason there are only 10
is because the NFPA combined two of
its standards, NFPA 11–1998 and NFPA
11A–1999, into the NFPA 11–2002
standard covering foam fire
extinguishing systems. This direct final
rule replaces the 11 older NFPA
standards with the 10 newer NFPA
standards.
Table I lists the older NFPA standards
incorporated by reference in the fire
protection in shipyard employment
standard, and lists the sections in the
standard in which these NFPA
standards are referenced. It also lists the
latest versions of the NFPA standards to
be added to the standard for fire
protection in shipyard employment
through this direct final rule.
TABLE I
Paragraph
NFPA standards incorporated by reference in
29 CFR part 1915
Latest version of NFPA standard
1915.505 Fire Response.
(e)(3)(v) ......................
1915.507 Land-side fire
protection systems.
(b)(1), (b)(2) ................
NFPA 1981–1997 Standard on Open-Circuit
Self-Contained Breathing Apparatus for the
Fire Service.
NFPA 10–1998 Standard for Portable Fire
Extinguishers.
NFPA 72–1999 National Fire Alarm Code .....
NFPA 1981–2002 Standard on Open-Circuit
Self-Contained Breathing Apparatus for
Fire and Emergency Services (Ex. 1–1).
NFPA 10–2002 Standard for Portable Fire
Extinguishers (Ex. 1–2).
NFPA 72–2002 National Fire Alarm Code
(Ex. 1–3).
NFPA 14–2003 Standard for the Installation
of Standpipe and Hose Systems (Ex. 1–4).
Section
sroberts on PROD1PC70 with RULES
(c)(6) ...........................
(b)(2), (d)(1) ................
(d)(2) ...........................
VerDate Aug<31>2005
02:22 Oct 17, 2006
Jkt 211001
NFPA 14–2000 Standard for the Installation
of Standpipe, Private Hydrant, and Hose
Systems.
NFPA 13–1999 Standard for the Installation
of Sprinkler Systems.
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
NFPA 13–2002 Standard for the Installation
of Sprinkler Systems (Ex.1–5).
E:\FR\FM\17OCR1.SGM
17OCR1
Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Rules and Regulations
60845
TABLE I—Continued
Section
NFPA standards incorporated by reference in
29 CFR part 1915
Paragraph
(d)(3) ...........................
sroberts on PROD1PC70 with RULES
(d)(5) ...........................
OSHA has examined the latest
versions of the NFPA standards and
compared them with the versions
currently referenced in the fire
protection in shipyard employment
standard. OSHA finds that the latest
versions are as protective on the whole,
and in certain ways more protective,
than the earlier versions of the same
NFPA standards. The latest versions are
also more comprehensive than the
earlier versions and reflect recent
developments in safety technology,
equipment, and testing. The changes to
the NFPA standards include:
• Standard on Open-Circuit SelfContained Breathing Apparatus for Fire
and Emergency Services—NFPA 1981–
2002 has been revised to add
requirements for heads-up displays
(HUD) that provide the user of a selfcontained breathing apparatus (SCBA)
with information regarding breathing air
supply status, alert the user when the
breathing air supply is at 50 percent of
full, and, where the HUD is powered by
battery power source, warn the user
when the HUD only has 2 more hours
of battery power. The updated standard
also includes new requirements for a
Rapid Intervention Company/Crew
(RIC) Universal Air Connection (UAC)
(or RIC UAC) on all new SCBA. The RIC
UAC is a standard connection device
that allows a rescue breathing air supply
to be joined to the SCBA of a victim, fire
fighter or other emergency services
responder to replenish the breathing air
in the SCBA breathing air cylinder
when the victim cannot be rapidly
moved to a safe atmosphere. (Ex. 1–1).
• Standard for Low-, Medium-, and
High-Expansion Foam—NFPA 11–2005
has been revised to combine the older
NFPA 11 low-expansion foam system
requirements with the older NFPA 11A
medium- and high-expansion foam
provisions. (Ex.1–7).
• Standard for Portable Fire
Extinguishers—NFPA 10–2002 has been
revised to prohibit ‘‘extended wand-
VerDate Aug<31>2005
02:22 Oct 17, 2006
Jkt 211001
Latest version of NFPA standard
NFPA 750–2000 Standard on Water Mist Fire
Protection Systems.
NFPA 11–1998 Standard for Low-Expansion
Foam.
NFPA 11A–1999 Standard for Medium- and
High-Expansion Foam Systems.
NFPA 12A–1997 Standard on Halon 1301
Fire Extinguishing Systems.
NFPA 2001–2000 Standard on Clean Agent
Fire Extinguishing Systems.
NFPA 12–2000 Standard on Carbon Dioxide
Extinguishing Systems.
NFPA 750–2003 Standard on Water Mist Fire
Protection Systems (Ex. 1–6).
NFPA 11–2005 Standard for Low-, Medium-,
and High-Expansion Foam (Ex. 1–7).
type’’ discharge devices on Class K—fire
extinguishers manufactured after 01/01/
2002. (Class ‘‘K’’ extinguishers are used
for ‘‘combustible cooking media’’ fire
hazards in commercial kitchens.) The
new version of NFPA 10 allows the use
of electronic equipment to monitor the
status of portable fire extinguishers an
alternative that may be more effective
and efficient than manual monitoring
(Ex. 1–2).
• National Fire Alarm Code—NFPA
72–2002 has been updated to revise fire
alarm power supply requirements, to
improve the survivability of fire alarms
from attack by fire, and to improve the
‘‘supervising stations’’ used in larger fire
alarm systems. (Ex. 1–3).
• Standard for the Installation of
Sprinkler Systems—NFPA 13–2002 has
been updated to add the sprinkler
installation requirements found in other
NFPA standards, to include criteria for
solid shelf storage areas, and to make
the standard easier for users to
reference. (Ex. 1–5).
The remaining NFPA standards have
been updated to make minor technical
and editorial changes and to improve
readability by formatting them into a
standard layout.
IV. Legal Considerations
The purpose of the Occupational
Safety and Health Act of 1970, 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), 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 and places of
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
NFPA 12A–2004 Standard on Halon 1301
Fire Extinguishing Systems (Ex. 1–8).
NFPA 2001–2004 Standard on Clean Agent
Fire Extinguishing Systems (Ex. 1–9).
NFPA 12–2005 Standard on Carbon Dioxide
Extinguishing Systems.
employment.’’ 29 U.S.C. 652(8). A
standard is reasonably necessary or
appropriate within the meaning of
section 652(8) if, among other things, a
significant risk of material harm exists
in the workplace and the proposed
standard would substantially reduce or
eliminate that workplace risk.
This direct final rule, which addresses
the hazard of fire in shipyard
employment, may enhance the
employee protections currently in place
through incorporated references to
NFPA consensus standards. In its final
rule on fire protection in shipyard
employment, OSHA discussed injuries
and fatalities that may result from fire
hazards in shipyards, and the potential
for reducing those injuries and deaths
through adoption of the final standard
(69 FR 55668, 55669, 55699). Because
this direct final rule simply updates the
NFPA standards incorporated by
reference in OSHA’s fire protection
standard to their most recent versions,
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).
V. Final Economic Analysis and
Regulatory Flexibility Act Certification
This action is not economically
significant within the context of
Executive Order 12866, or a ‘‘major
rule’’ under the Unfunded Mandates
Reform Act or Section 801 of the Small
Business Regulatory Enforcement
Fairness Act. The rulemaking would
impose no additional costs on any
private or public sector entity, and does
not meet any of the criteria for an
economically significant or major rule
specified by the Executive Order or
relevant statutes.
This action simply includes updated
references to NFPA standards. The
Agency compared the older versions of
E:\FR\FM\17OCR1.SGM
17OCR1
60846
Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Rules and Regulations
the NFPA standards with the new
versions via side-by-side analyses.
Based on our findings, the Agency
concludes that incorporating the new
versions of the NFPA standards will not
impose any additional costs on any
private or public sector entity.
Furthermore, because the rule
imposes no additional costs on
employers, OSHA certifies that it would
not have a significant impact on a
substantial number of small entities.
Accordingly, the Agency need not
prepare a final regulatory flexibility
analysis under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
sroberts on PROD1PC70 with RULES
VI. Paperwork Reduction Act
This action does not impose new
information collection requirements for
purposes of the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501–30.
VII. Federalism
OSHA has reviewed this direct final
rule in accordance with the Executive
Order on Federalism (Executive Order
13132, 64 FR 43255, August 10, 1999),
which requires that agencies, to the
extent possible, refrain from limiting
State policy options, consult with States
prior to taking any actions that would
restrict State policy options, and take
such actions only when there is clear
constitutional authority and the
presence of a problem of national scope.
Executive Order 13132 provides for
preemption of State law only if there is
a clear congressional intent for the
Agency to do so. Any such preemption
is to be limited to the extent possible.
Section 18 of the OSH Act (29 U.S.C.
651 et seq.) expresses Congress’ intent to
preempt State laws where OSHA has
promulgated occupational safety and
health standards. Under the OSH Act, a
State can avoid preemption on issues
covered by Federal standards only if it
submits, and obtains Federal approval
of, a plan for the development of such
standards and their enforcement (StatePlan State). 29 U.S.C. 667. Occupational
safety and health standards developed
by such State-Plan States must, among
other things, be at least as effective in
providing safe and healthful
employment and places of employment
as the Federal standards. Subject to
these requirements, State-Plan States are
free to develop and enforce under State
law their own requirements for safety
and health standards.
This direct final rule complies with
Executive Order 13132. As Congress has
expressed a clear intent for OSHA
standards to preempt State job safety
and health rules in areas addressed by
OSHA standards in States without
OSHA-approved State Plans, this rule
VerDate Aug<31>2005
02:22 Oct 17, 2006
Jkt 211001
limits State policy options in the same
manner as all OSHA standards. In States
with OSHA-approved State Plans, this
action does not significantly limit State
policy options.
VIII. State Plan States
The 26 States or U.S. Territories with
their own OSHA approved occupational
safety and health plans must revise their
standards to reflect this final standard or
show OSHA why there is no need for
action, e.g., because an existing state
standard covering this area is already
‘‘at least as effective as’’ the new Federal
standard. The state standard must be at
least as effective as this final standard,
must be applicable to both the private
and public (State and local government
employees) sectors, and must be
completed within six months of the
publication date of this final Federal
rule.
Currently only five States (California,
Minnesota, Oregon, Vermont, and
Washington) with their own State plans
cover private sector onshore maritime
activities in whole or in part. Federal
OSHA enforces maritime standards
offshore in all States and provides
onshore coverage of maritime activities
in Federal OSHA States, in the five
States above, to the extent not covered
by them, and in all the other State Plan
States: Alaska, Arizona, Connecticut
(plan covers only State and local
government employees), Hawaii,
Indiana, Iowa, Kentucky, Maryland,
Michigan, Nevada, New Jersey (plan
covers only State and local government
employees), New Mexico, New York
(plan covers only State and local
government employees), North Carolina,
Puerto Rico, South Carolina, Tennessee,
Utah, Virginia, Virgin Islands (plan
covers only territorial government
employees), and Wyoming.
IX. Unfunded Mandates Reform Act
This direct final rule has been
reviewed in accordance with the
Unfunded Mandates Reform Act of 1995
(UMRA). 2 U.S.C. 1501 et seq. For the
purposes of the UMRA, the Agency
certifies that this direct final rule does
not impose any Federal mandate that
may result in increased expenditures by
State, local, or tribal governments, or
increased expenditures by the private
sector, of more than $100 million in any
year.
X. List of Subjects for 29 CFR Part 1915
Fire protection, Hazardous
substances, Incorporation by reference,
Longshore and harbor workers,
Occupational safety and health,
Reporting and recordkeeping
requirements, Shipyards, and Vessels.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
XI. Authority and Signature
This document was prepared under
the direction of Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210. It
is issued pursuant to 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 5–2002, and
29 CFR Part 1911.
Signed at Washington, DC, this 5th day of
October, 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.
Amendments To Standards
OSHA amends Part 1915 of Title 29 of
the Code of Federal Regulations as set
forth below:
I 1. The authority citation for Part 1915
continues to read as follows:
I
Authority: Sec. 41, Longshore and Harbor
Workers’ Compensation Act (33 U.S.C. 941);
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; 29 CFR Part 1911.
2. Amend § 1915.5 to revise
paragraphs (d)(4)(i), (vi) through (x), and
(xiii) through (xviii) and by removing
paragaraph (d)(4)(xix) to read as follows:
I
§ 1915.5
Incorporation by reference.
*
*
*
*
*
(d) * * *
(4) * * *
(i) NFPA 1981–2002 Standard on
Open-Circuit Self-Contained Breathing
Apparatus for Fire and Emergency
Services, IBR approved for
1915.505(e)(3)(v).
*
*
*
*
*
(vi) NFPA 10–2002 Standard for
Portable Fire Extinguishers, IBR
approved for §§ 1915.507(b)(1) and
(b)(2).
(vii) NFPA 14–2003 Standard for the
Installation of Standpipe and Hose
Systems, IBR approved for
§§ 1915.507(b)(2) and (d)(1).
(viii) NFPA 72–2002 National Fire
Alarm Code, IBR approved for
§ 1915.507(c)(6).
(ix) NFPA 13–2002 Standard for the
Installation of Sprinkler Systems, IBR
approved for § 1915.507(d)(2).
(x) NFPA 750–2003 Standard on
Water Mist Fire Protection Systems, IBR
approved for § 1915.507(d)(2).
*
*
*
*
*
(xiii) NFPA 11–2005 Standard for
Low-, Medium-, and High-Expansion
E:\FR\FM\17OCR1.SGM
17OCR1
Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Rules and Regulations
Foam, IBR approved for
§ 1915.507(d)(3).
(xiv) NFPA 17–2002, Standard for Dry
Chemical Extinguishing Systems, IBR
approved for § 1915.507(d)(4).
(xv) NFPA 12–2005, Standard on
Carbon Dioxide Extinguishing Systems,
IBR approved for § 1915.507(d)(5).
(xvi) NFPA 12A–2004, Standard on
Halon 1301 Fire Extinguishing Systems,
IBR approved for § 1915.507(d)(5).
(xvii) NFPA 2001–2004, Standard on
Clean Agent Fire Extinguishing
Systems, IBR approved for
§ 1915.507(d)(5).
(xviii) NFPA 1403–2002, Standard on
Live Fire Training Evolutions, IBR
approved for § 1915.508(d)(8).
I 3. Amend § 1915.505 to revise
paragraph (e)(3)(v) to read as follows:
§ 1915.505
Fire response.
*
*
*
*
*
(e) * * *
(3) * * *
(v) Provide only SCBA that meet the
requirements of NFPA 1981–2002
Standard on Open-Circuit SelfContained Breathing Apparatus for Fire
and Emergency Services (incorporated
by reference, see § 1915.5); and
*
*
*
*
*
I 4. Amend § 1915.507 to revise
paragraphs (b)(1), (b)(2), (c)(6), (d)(1),
(d)(2), (d)(3), and (d)(5) to read as
follows:
§ 1915.507
system.
Land-side fire protection
sroberts on PROD1PC70 with RULES
*
*
*
*
*
(b) * * *
(1) The employer must select, install,
inspect, maintain, and test all portable
fire extinguishers according to NFPA
10–2002 Standard for Portable Fire
Extinguishers (incorporated by
reference, see § 1915.5).
(2) The employer is permitted to use
Class II or Class III hose systems, in
accordance with NFPA 10–2002
(incorporated by reference, see
§ 1915.5), as portable fire extinguishers
if the employer selects, installs,
inspects, maintains, and tests those
systems according to the specific
recommendations in NFPA 14–2003
Standard for the Installation of
Standpipe and Hose Systems
(incorporated by reference, see
§ 1915.5).
(c) * * *
(6) Select, install, inspect, maintain,
and test all automatic fire detection
systems and emergency alarms
according to NFPA 72–2002 National
Fire Alarm Code (incorporated by
reference, see § 1915.5)
(d) * * *
(1) Standpipe and hose systems
according to NFPA 14–2003 Standard
VerDate Aug<31>2005
04:19 Oct 17, 2006
Jkt 211001
for the Installation of Standpipe and
Hose Systems (incorporated by
reference, see § 1915.5);
(2) Automatic sprinkler systems
according to NFPA 25–2002 Standard
for the Inspection, Testing, and
Maintenance of Water-based Fire
Protection Systems, (incorporated by
reference, see § 1915.5), and either (i)
NFPA 13–2002 Standard for the
Installation of Sprinkler Systems
(incorporated by reference, see
§ 1915.5), or (ii) NFPA 750–2003
Standard on Water Mist Fire Protection
Systems (incorporated by reference, see
§ 1915.5);
(3) Fixed extinguishing systems that
use water or foam as the extinguishing
agent according to NFPA 15–2001
Standard for Water Spray Fixed Systems
for Fire Protection (incorporated by
reference, see § 1915.5) and NFPA 11–
2005 Standard for Low-, Medium-, and
High-Expansion Foam (incorporated by
reference, see § 1915.5);
*
*
*
*
*
(5) Fixed extinguishing systems using
gas as the extinguishing agent according
to NFPA 12–2005 Standard on Carbon
Dioxide Extinguishing Systems
(incorporated by reference, see
§ 1915.5); NFPA 12A–2004 Standard on
Halon 1301 Fire Extinguishing Systems
(incorporated by reference, see
§ 1915.5); and NFPA 2001–2004
Standard on Clean Agent Fire
Extinguishing Systems (incorporated by
reference, see § 1915.5).
[FR Doc. E6–17124 Filed 10–16–06; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 224
RIN–1510–AB08
Federal Process Agents of Surety
Corporations
Financial Management Service,
Fiscal Service, Treasury.
ACTION: Final rule.
AGENCY:
SUMMARY: The Financial Management
Service (FMS) is revising its regulation
governing the appointment of Federal
process agents of surety corporations to
allow for the appointment of a state
official as a process agent. We are also
revising the regulation by removing the
requirement that all surety corporations
appoint a process agent in the District
of Columbia, regardless of whether the
surety corporation provides bonds in
the District of Columbia. Finally, we are
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
60847
updating obsolete contact information
and references in the regulation.
This rule is effective on October
17, 2006.
DATES:
Rose
M. Miller, Manager, Surety Bond
Branch, at 202–874–6850 or
rose.miller@fms.treas.gov; or William
Erle, Senior Counsel, at 202–874–6680
or william.erle@fms.treas.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
31 U.S.C. 9306 was amended
November 29, 1999 to allow a surety
corporation to appoint a State official as
its process agent. This means that surety
corporations conducting business in
more than one judicial district in a state
can appoint a State official to receive
service of process on the corporation,
thereby saving surety corporations from
having to appoint an agent in each
judicial district of that State. Prior to the
amendment, a surety did not have the
option of appointing a State official as
its process agent to satisfy the service of
process requirement. This revised rule
makes the regulation at 31 CFR Part 224
consistent with 31 U.S.C. 9306 by
providing for the appointment of State
officials as process agents.
An additional change relates to the
requirement currently found in 31 CFR
224.2(a)(3) which requires that an agent
be appointed for service of process ‘‘in
the District of Columbia where the bond
is returnable and filed.’’ This
requirement applies to all surety
corporations whether or not the
corporation contemplates the writing of
bonds in favor of the United States to be
undertaken within the District of
Columbia. Requiring companies to
appoint an agent in the District of
Columbia, when they are not
incorporated in the District of Columbia,
and do not write bonds in the District
of Columbia, is an unnecessary financial
burden on the companies. FMS can see
no benefit to the Federal government in
maintaining this requirement since, as a
matter of practice, Federal bonds are not
necessarily returnable and filed in the
District of Columbia. The revised rule
eliminates this requirement.
The sample power of attorney form
currently found in 31 CFR 224.4 is
replaced with a reference to the Surety
Bond Branch Web page. Moving the
form to the Web page will allow the
sample power of attorney form to be
updated more easily. Also, it will
provide surety corporations with easy
access to an electronic version of the
form.
E:\FR\FM\17OCR1.SGM
17OCR1
]]>Agencies
[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Rules and Regulations]
[Pages 60843-60847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17124]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1915
[Docket No. S-051A]
RIN 1218-AC16
Updating National Consensus Standards in OSHA's Standard for Fire
Protection in Shipyard Employment.
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On September 15, 2004, the Occupational Safety and Health
Administration (OSHA) promulgated a new fire protection rule for
shipyard employment that incorporated by reference 19 National Fire
Protection Association (NFPA) standards. Ten of those NFPA standards
had been updated by NFPA since the fire protection rule was proposed
and an additional NFPA standard has been updated since the final rule
was published. In this direct final rule, OSHA is replacing the
references to those eleven NFPA standards by adding the most recent
versions.
DATES: This direct final rule will become effective on January 16, 2007
unless significant adverse comment is received by November 16, 2006. If
significant adverse comment is received, OSHA will publish a timely
withdrawal of this rule. The incorporation by reference of certain
publications listed in this rule is approved by the Director of the
Federal Register as of January 16, 2007.
Comments to this direct final rule must be submitted by the
following dates: Hard copy: Your comments must be submitted (postmarked
or sent) by November 16, 2006. Electronic transmission and facsimile:
Your comments must be sent by November 16, 2006.
ADDRESSES: You may submit written comments to this direct final rule--
identified by docket number S-051A or RIN number 1218-AC16--by any of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
OSHA Web site: https://ecomments.osha.gov. Follow the
instructions for submitting comments on OSHA's web page.
Fax: If your written comments are 10 pages or fewer, you
may 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-
051A, 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). OSHA Docket Office hours of operation are
8:15 a.m. to 4:45 p.m., EST.
FOR FURTHER INFORMATION: For general information and press inquiries,
contact Kevin Ropp, Director, OSHA Office of Communications, Room N-
3647, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone: (202) 693-1999. For technical
inquiries, contact Jim Maddux, Director, Office of Maritime,
Directorate of Standards and Guidance, Room N-3609, OSHA, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone: (202) 693-2086 or fax (202) 693-1663. Copies of this
Federal Register notice are available from the OSHA Office of
Publications, Room N-3101, U.S. Department of Labor, 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 page
at https://www.osha.gov.
For access to the docket to read background documents or comments
received, go to https://dockets.osha.gov. Contact the OSHA Docket Office
for information about materials not available through the OSHA Web page
and for assistance in using the Web page to locate docket submissions.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Request for Comment
II. Direct Final Rulemaking
III. Discussion of Changes
IV. Legal Considerations
V. Final Economic Analysis and Regulatory Flexibility Act
Certification
VI. Paperwork Reduction Act
[[Page 60844]]
VII. Federalism
VIII. State Plan States
IX. Unfunded Mandates Reform Act
X. List of Subjects for 29 CFR Part 1915
XI. Authority and Signature
I. Request for Comment
OSHA requests comments on all issues related to this action. OSHA
also welcomes comments on the Agency's findings that there are not
negative economic or other regulatory impacts of this action on the
regulated community. If OSHA receives no significant adverse comment,
OSHA will publish a Federal Register document confirming the effective
date of this direct final rule and withdrawing the companion proposed
rule published in the Proposed Rules section of today's Federal
Register. Such confirmation may include minor stylistic or technical
changes to the document.
Comments received will be posted without change to https://
dockets.osha.gov, including any personal information provided. OSHA
cautions you about submitting personal information such as social
security numbers and birth dates.
II. Direct Final Rulemaking
In direct final rulemaking, an agency publishes a final rule in the
Federal Register with a statement that the rule will go into effect
unless a significant adverse comment is received within a specified
period of time. An identical proposed rule is often published at the
same time. If no significant adverse comments are submitted, the rule
goes into effect. If any significant adverse comments are received, the
agency withdraws the direct final rule and treats the comments as
responses to the proposed rule. Direct final rulemaking is used where
an agency anticipates that a rule will not be controversial. Examples
include minor substantive changes to regulations updating incorporated
references to the latest edition of national consensus standards, and
direct incorporations of mandates from new legislation.
For purposes of this direct final rulemaking, a significant adverse
comment is one that explains why the rule would be inappropriate,
including challenges to the rule's underlying premise or approach. In
determining whether a comment necessitates withdrawal of the direct
final rule, OSHA will consider whether the comment raises an issue
serious enough to warrant a substantive response in a notice-and-
comment process. A comment recommending additional changes will not be
considered a significant adverse comment unless the comment states why
the direct final rule would be ineffective without the addition. If a
timely significant adverse comment is received, the Agency will publish
a notice of significant adverse comment in the Federal Register
withdrawing this direct final rule no later than January 16, 2007.
OSHA is also publishing today a companion proposed rule, which is
identical to this direct final rule. In the event the direct final rule
is withdrawn because of significant adverse comment, OSHA intends to
proceed with the rulemaking by addressing the comment(s) and publishing
a new final rule. If a significant adverse comment is received
regarding certain revisions included in this direct final rule, but not
others, OSHA may (1) Finalize those changes that did not receive
significant adverse comment, and (2) conduct further rulemaking under
the companion proposed rule for the changes that did receive
significant adverse comment. The comment period for the proposed rule
runs concurrently with that of the direct final rule. Any comments
received under the companion proposed rule will be treated as comments
regarding the direct final rule. Likewise, significant adverse comments
submitted to the direct final rule will be considered as comments to
the companion proposed rule; the Agency will consider such comments in
developing a subsequent final rule.
OSHA has determined that the subject of this rulemaking is suitable
for direct final rulemaking. This direct final rule will enhance OSHA's
fire protection in shipyard standard by adding the most current NFPA
consensus standards to the OSHA standard. OSHA's changes will benefit
the safety of employees by requiring employers to comply with the newer
standards, which may be even more protective than the older standards.
Furthermore, OSHA's changes will not result in additional compliance
costs. OSHA does not anticipate any objections to this direct final
rule.
III. Discussion of Changes
On September 15, 2004, OSHA issued a new fire protection final rule
for shipyard employment that incorporated by reference 19 National Fire
Protection Association (NFPA) standards (69 FR 55667). The purpose of
this direct final rule is to add ten recently updated NFPA standards to
the standard for fire protection in shipyard employment. The 10 NFPA
standards are new versions of 11 NFPA standards currently in OSHA's
standard. The reason there are only 10 is because the NFPA combined two
of its standards, NFPA 11-1998 and NFPA 11A-1999, into the NFPA 11-2002
standard covering foam fire extinguishing systems. This direct final
rule replaces the 11 older NFPA standards with the 10 newer NFPA
standards.
Table I lists the older NFPA standards incorporated by reference in
the fire protection in shipyard employment standard, and lists the
sections in the standard in which these NFPA standards are referenced.
It also lists the latest versions of the NFPA standards to be added to
the standard for fire protection in shipyard employment through this
direct final rule.
Table I
----------------------------------------------------------------------------------------------------------------
NFPA standards
Section Paragraph incorporated by reference Latest version of NFPA
in 29 CFR part 1915 standard
----------------------------------------------------------------------------------------------------------------
1915.505 Fire Response............ (e)(3)(v)............ NFPA 1981-1997 Standard on NFPA 1981-2002 Standard
Open-Circuit Self- on Open-Circuit Self-
Contained Breathing Contained Breathing
Apparatus for the Fire Apparatus for Fire and
Service. Emergency Services (Ex.
1-1).
1915.507 Land-side fire protection (b)(1), (b)(2)....... NFPA 10-1998 Standard for NFPA 10-2002 Standard for
systems. Portable Fire Portable Fire
Extinguishers. Extinguishers (Ex. 1-2).
(c)(6)............... NFPA 72-1999 National Fire NFPA 72-2002 National
Alarm Code. Fire Alarm Code (Ex. 1-
3).
(b)(2), (d)(1)....... NFPA 14-2000 Standard for NFPA 14-2003 Standard for
the Installation of the Installation of
Standpipe, Private Standpipe and Hose
Hydrant, and Hose Systems. Systems (Ex. 1-4).
(d)(2)............... NFPA 13-1999 Standard for NFPA 13-2002 Standard for
the Installation of the Installation of
Sprinkler Systems. Sprinkler Systems (Ex.1-
5).
[[Page 60845]]
NFPA 750-2000 Standard on NFPA 750-2003 Standard on
Water Mist Fire Water Mist Fire
Protection Systems. Protection Systems (Ex.
1-6).
(d)(3)............... NFPA 11-1998 Standard for NFPA 11-2005 Standard for
Low-Expansion Foam. Low-, Medium-, and High-
Expansion Foam (Ex. 1-
7).
NFPA 11A-1999 Standard for
Medium- and High-
Expansion Foam Systems.
(d)(5)............... NFPA 12A-1997 Standard on NFPA 12A-2004 Standard on
Halon 1301 Fire Halon 1301 Fire
Extinguishing Systems. Extinguishing Systems
(Ex. 1-8).
NFPA 2001-2000 Standard on NFPA 2001-2004 Standard
Clean Agent Fire on Clean Agent Fire
Extinguishing Systems. Extinguishing Systems
(Ex. 1-9).
NFPA 12-2000 Standard on NFPA 12-2005 Standard on
Carbon Dioxide Carbon Dioxide
Extinguishing Systems. Extinguishing Systems.
----------------------------------------------------------------------------------------------------------------
OSHA has examined the latest versions of the NFPA standards and
compared them with the versions currently referenced in the fire
protection in shipyard employment standard. OSHA finds that the latest
versions are as protective on the whole, and in certain ways more
protective, than the earlier versions of the same NFPA standards. The
latest versions are also more comprehensive than the earlier versions
and reflect recent developments in safety technology, equipment, and
testing. The changes to the NFPA standards include:
Standard on Open-Circuit Self-Contained Breathing
Apparatus for Fire and Emergency Services--NFPA 1981-2002 has been
revised to add requirements for heads-up displays (HUD) that provide
the user of a self-contained breathing apparatus (SCBA) with
information regarding breathing air supply status, alert the user when
the breathing air supply is at 50 percent of full, and, where the HUD
is powered by battery power source, warn the user when the HUD only has
2 more hours of battery power. The updated standard also includes new
requirements for a Rapid Intervention Company/Crew (RIC) Universal Air
Connection (UAC) (or RIC UAC) on all new SCBA. The RIC UAC is a
standard connection device that allows a rescue breathing air supply to
be joined to the SCBA of a victim, fire fighter or other emergency
services responder to replenish the breathing air in the SCBA breathing
air cylinder when the victim cannot be rapidly moved to a safe
atmosphere. (Ex. 1-1).
Standard for Low-, Medium-, and High-Expansion Foam--NFPA
11-2005 has been revised to combine the older NFPA 11 low-expansion
foam system requirements with the older NFPA 11A medium- and high-
expansion foam provisions. (Ex.1-7).
Standard for Portable Fire Extinguishers--NFPA 10-2002 has
been revised to prohibit ``extended wand-type'' discharge devices on
Class K--fire extinguishers manufactured after 01/01/2002. (Class ``K''
extinguishers are used for ``combustible cooking media'' fire hazards
in commercial kitchens.) The new version of NFPA 10 allows the use of
electronic equipment to monitor the status of portable fire
extinguishers an alternative that may be more effective and efficient
than manual monitoring (Ex. 1-2).
National Fire Alarm Code--NFPA 72-2002 has been updated to
revise fire alarm power supply requirements, to improve the
survivability of fire alarms from attack by fire, and to improve the
``supervising stations'' used in larger fire alarm systems. (Ex. 1-3).
Standard for the Installation of Sprinkler Systems--NFPA
13-2002 has been updated to add the sprinkler installation requirements
found in other NFPA standards, to include criteria for solid shelf
storage areas, and to make the standard easier for users to reference.
(Ex. 1-5).
The remaining NFPA standards have been updated to make minor
technical and editorial changes and to improve readability by
formatting them into a standard layout.
IV. Legal Considerations
The purpose of the Occupational Safety and Health Act of 1970, 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), 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 and places of employment.'' 29
U.S.C. 652(8). A standard is reasonably necessary or appropriate within
the meaning of section 652(8) if, among other things, a significant
risk of material harm exists in the workplace and the proposed standard
would substantially reduce or eliminate that workplace risk.
This direct final rule, which addresses the hazard of fire in
shipyard employment, may enhance the employee protections currently in
place through incorporated references to NFPA consensus standards. In
its final rule on fire protection in shipyard employment, OSHA
discussed injuries and fatalities that may result from fire hazards in
shipyards, and the potential for reducing those injuries and deaths
through adoption of the final standard (69 FR 55668, 55669, 55699).
Because this direct final rule simply updates the NFPA standards
incorporated by reference in OSHA's fire protection standard to their
most recent versions, 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).
V. Final Economic Analysis and Regulatory Flexibility Act Certification
This action is not economically significant within the context of
Executive Order 12866, or a ``major rule'' under the Unfunded Mandates
Reform Act or Section 801 of the Small Business Regulatory Enforcement
Fairness Act. The rulemaking would impose no additional costs on any
private or public sector entity, and does not meet any of the criteria
for an economically significant or major rule specified by the
Executive Order or relevant statutes.
This action simply includes updated references to NFPA standards.
The Agency compared the older versions of
[[Page 60846]]
the NFPA standards with the new versions via side-by-side analyses.
Based on our findings, the Agency concludes that incorporating the new
versions of the NFPA standards will not impose any additional costs on
any private or public sector entity.
Furthermore, because the rule imposes no additional costs on
employers, OSHA certifies that it would not have a significant impact
on a substantial number of small entities. Accordingly, the Agency need
not prepare a final regulatory flexibility analysis under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
VI. Paperwork Reduction Act
This action does not impose new information collection requirements
for purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-30.
VII. Federalism
OSHA has reviewed this direct final rule in accordance with the
Executive Order on Federalism (Executive Order 13132, 64 FR 43255,
August 10, 1999), which requires that agencies, to the extent possible,
refrain from limiting State policy options, consult with States prior
to taking any actions that would restrict State policy options, and
take such actions only when there is clear constitutional authority and
the presence of a problem of national scope. Executive Order 13132
provides for preemption of State law only if there is a clear
congressional intent for the Agency to do so. Any such preemption is to
be limited to the extent possible.
Section 18 of the OSH Act (29 U.S.C. 651 et seq.) expresses
Congress' intent to preempt State laws where OSHA has promulgated
occupational safety and health standards. Under the OSH Act, a State
can avoid preemption on issues covered by Federal standards only if it
submits, and obtains Federal approval of, a plan for the development of
such standards and their enforcement (State-Plan State). 29 U.S.C. 667.
Occupational safety and health standards developed by such State-Plan
States must, among other things, be at least as effective in providing
safe and healthful employment and places of employment as the Federal
standards. Subject to these requirements, State-Plan States are free to
develop and enforce under State law their own requirements for safety
and health standards.
This direct final rule complies with Executive Order 13132. As
Congress has expressed a clear intent for OSHA standards to preempt
State job safety and health rules in areas addressed by OSHA standards
in States without OSHA-approved State Plans, this rule limits State
policy options in the same manner as all OSHA standards. In States with
OSHA-approved State Plans, this action does not significantly limit
State policy options.
VIII. State Plan States
The 26 States or U.S. Territories with their own OSHA approved
occupational safety and health plans must revise their standards to
reflect this final standard or show OSHA why there is no need for
action, e.g., because an existing state standard covering this area is
already ``at least as effective as'' the new Federal standard. The
state standard must be at least as effective as this final standard,
must be applicable to both the private and public (State and local
government employees) sectors, and must be completed within six months
of the publication date of this final Federal rule.
Currently only five States (California, Minnesota, Oregon, Vermont,
and Washington) with their own State plans cover private sector onshore
maritime activities in whole or in part. Federal OSHA enforces maritime
standards offshore in all States and provides onshore coverage of
maritime activities in Federal OSHA States, in the five States above,
to the extent not covered by them, and in all the other State Plan
States: Alaska, Arizona, Connecticut (plan covers only State and local
government employees), Hawaii, Indiana, Iowa, Kentucky, Maryland,
Michigan, Nevada, New Jersey (plan covers only State and local
government employees), New Mexico, New York (plan covers only State and
local government employees), North Carolina, Puerto Rico, South
Carolina, Tennessee, Utah, Virginia, Virgin Islands (plan covers only
territorial government employees), and Wyoming.
IX. Unfunded Mandates Reform Act
This direct final rule has been reviewed in accordance with the
Unfunded Mandates Reform Act of 1995 (UMRA). 2 U.S.C. 1501 et seq. For
the purposes of the UMRA, the Agency certifies that this direct final
rule does not impose any Federal mandate that may result in increased
expenditures by State, local, or tribal governments, or increased
expenditures by the private sector, of more than $100 million in any
year.
X. List of Subjects for 29 CFR Part 1915
Fire protection, Hazardous substances, Incorporation by reference,
Longshore and harbor workers, Occupational safety and health, Reporting
and recordkeeping requirements, Shipyards, and Vessels.
XI. Authority and Signature
This document was prepared under the direction of Edwin G. Foulke,
Jr., Assistant Secretary of Labor for Occupational Safety and Health,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210. It is issued pursuant to 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 5-2002, and 29 CFR Part 1911.
Signed at Washington, DC, this 5th day of October, 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.
Amendments To Standards
0
OSHA amends Part 1915 of Title 29 of the Code of Federal Regulations as
set forth below:
0
1. The authority citation for Part 1915 continues to read as follows:
Authority: Sec. 41, Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 941); 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; 29 CFR Part 1911.
0
2. Amend Sec. 1915.5 to revise paragraphs (d)(4)(i), (vi) through (x),
and (xiii) through (xviii) and by removing paragaraph (d)(4)(xix) to
read as follows:
Sec. 1915.5 Incorporation by reference.
* * * * *
(d) * * *
(4) * * *
(i) NFPA 1981-2002 Standard on Open-Circuit Self-Contained
Breathing Apparatus for Fire and Emergency Services, IBR approved for
1915.505(e)(3)(v).
* * * * *
(vi) NFPA 10-2002 Standard for Portable Fire Extinguishers, IBR
approved for Sec. Sec. 1915.507(b)(1) and (b)(2).
(vii) NFPA 14-2003 Standard for the Installation of Standpipe and
Hose Systems, IBR approved for Sec. Sec. 1915.507(b)(2) and (d)(1).
(viii) NFPA 72-2002 National Fire Alarm Code, IBR approved for
Sec. 1915.507(c)(6).
(ix) NFPA 13-2002 Standard for the Installation of Sprinkler
Systems, IBR approved for Sec. 1915.507(d)(2).
(x) NFPA 750-2003 Standard on Water Mist Fire Protection Systems,
IBR approved for Sec. 1915.507(d)(2).
* * * * *
(xiii) NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion
[[Page 60847]]
Foam, IBR approved for Sec. 1915.507(d)(3).
(xiv) NFPA 17-2002, Standard for Dry Chemical Extinguishing
Systems, IBR approved for Sec. 1915.507(d)(4).
(xv) NFPA 12-2005, Standard on Carbon Dioxide Extinguishing
Systems, IBR approved for Sec. 1915.507(d)(5).
(xvi) NFPA 12A-2004, Standard on Halon 1301 Fire Extinguishing
Systems, IBR approved for Sec. 1915.507(d)(5).
(xvii) NFPA 2001-2004, Standard on Clean Agent Fire Extinguishing
Systems, IBR approved for Sec. 1915.507(d)(5).
(xviii) NFPA 1403-2002, Standard on Live Fire Training Evolutions,
IBR approved for Sec. 1915.508(d)(8).
0
3. Amend Sec. 1915.505 to revise paragraph (e)(3)(v) to read as
follows:
Sec. 1915.505 Fire response.
* * * * *
(e) * * *
(3) * * *
(v) Provide only SCBA that meet the requirements of NFPA 1981-2002
Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire
and Emergency Services (incorporated by reference, see Sec. 1915.5);
and
* * * * *
0
4. Amend Sec. 1915.507 to revise paragraphs (b)(1), (b)(2), (c)(6),
(d)(1), (d)(2), (d)(3), and (d)(5) to read as follows:
Sec. 1915.507 Land-side fire protection system.
* * * * *
(b) * * *
(1) The employer must select, install, inspect, maintain, and test
all portable fire extinguishers according to NFPA 10-2002 Standard for
Portable Fire Extinguishers (incorporated by reference, see Sec.
1915.5).
(2) The employer is permitted to use Class II or Class III hose
systems, in accordance with NFPA 10-2002 (incorporated by reference,
see Sec. 1915.5), as portable fire extinguishers if the employer
selects, installs, inspects, maintains, and tests those systems
according to the specific recommendations in NFPA 14-2003 Standard for
the Installation of Standpipe and Hose Systems (incorporated by
reference, see Sec. 1915.5).
(c) * * *
(6) Select, install, inspect, maintain, and test all automatic fire
detection systems and emergency alarms according to NFPA 72-2002
National Fire Alarm Code (incorporated by reference, see Sec. 1915.5)
(d) * * *
(1) Standpipe and hose systems according to NFPA 14-2003 Standard
for the Installation of Standpipe and Hose Systems (incorporated by
reference, see Sec. 1915.5);
(2) Automatic sprinkler systems according to NFPA 25-2002 Standard
for the Inspection, Testing, and Maintenance of Water-based Fire
Protection Systems, (incorporated by reference, see Sec. 1915.5), and
either (i) NFPA 13-2002 Standard for the Installation of Sprinkler
Systems (incorporated by reference, see Sec. 1915.5), or (ii) NFPA
750-2003 Standard on Water Mist Fire Protection Systems (incorporated
by reference, see Sec. 1915.5);
(3) Fixed extinguishing systems that use water or foam as the
extinguishing agent according to NFPA 15-2001 Standard for Water Spray
Fixed Systems for Fire Protection (incorporated by reference, see Sec.
1915.5) and NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion
Foam (incorporated by reference, see Sec. 1915.5);
* * * * *
(5) Fixed extinguishing systems using gas as the extinguishing
agent according to NFPA 12-2005 Standard on Carbon Dioxide
Extinguishing Systems (incorporated by reference, see Sec. 1915.5);
NFPA 12A-2004 Standard on Halon 1301 Fire Extinguishing Systems
(incorporated by reference, see Sec. 1915.5); and NFPA 2001-2004
Standard on Clean Agent Fire Extinguishing Systems (incorporated by
reference, see Sec. 1915.5).
[FR Doc. E6-17124 Filed 10-16-06; 8:45 am]
BILLING CODE 4510-26-P
