Updating OSHA Standards Based on National Consensus Standards, 71061-71070 [E7-24181]
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Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF THE TREASURY
Background
Internal Revenue Service
The temporary regulations (TD 9366)
that are the subject of this correction are
under section 6033 of the Internal
Revenue Code.
26 CFR Part 1
RIN 1545–BG38
As published, the temporary
regulations (TD 9366) contain errors that
may prove to be misleading and are in
need of clarification.
Notification Requirement for TaxExempt Entities Not Currently
Required To File; Correction
Accordingly, the publication of the
temporary regulations (TD 9366), which
was the subject of FR Doc. E7–22299, is
corrected as follows:
I 1. On page 64148, column 3, in the
preamble, the language of the paragraph
heading ‘‘Form 990–N, Electronic
Notification (e-Postcard) For TaxExempt Organizations Not Required to
File Form 990 or 990–EZ’’ is corrected
to read ‘‘Form 990–N, Electronic Notice
(e-Postcard) For Tax-Exempt
Organizations Not Required to File
Form 990 of 990–EZ’’.
I 2. On page 64148, column 3, in the
preamble, under the paragraph heading
‘‘Form 990–N, Electronic Notice (ePostcard) For Tax-Exempt
Organizations Not Required to File
Form 990 or 990–EZ’’, first line of the
third paragraph of the column, the
language ‘‘Form 990–N, ‘‘Electronic
Notification’’ is corrected to read ‘‘ Form
990–N, ‘‘Electronic Notice’’.
I 3. On page 64149, column 1, in the
preamble, under the paragraph heading
‘‘Organizations Required To File
Returns or Submit Electronic Notice’’,
line 5 of the second paragraph of the
column, the language ‘‘an organization
exemption from’’ is corrected to read
‘‘an organization exempt from’’.
I
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. 07–6044 Filed 12–13–07; 8:45 am]
BILLING CODE 4830–01–M
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
This document contains a
correction to temporary regulations (TD
9366) that were published in the
Federal Register on Thursday,
November 15, 2007 (72 FR 64147)
describing the time and manner in
which certain tax-exempt organizations
not currently required to file an annual
information return under section
6033(a)(1) are required to submit an
annual electronic notice including
certain information required by section
6033(i)(1)(A) through (F).
DATES: The correction is effective
December 14, 2007.
FOR FURTHER INFORMATION CONTACT:
Monice Rosenbaum at (202) 622–6070
(not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The temporary regulations (TD 9366)
that are the subject of this correction are
under section 6033 of the Internal
Revenue Code.
Need for Correction
As published, the temporary
regulations (TD 9366) contain an error
that may prove to be misleading and is
in need of clarification.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR part 1 is
corrected by making the following
amendment:
I
Paragraph 1. The authority citation
for part 1 continues to read, in part, as
follows:
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I
Authority: 26 U.S.C. 7805 * * *
I Par. 2. Section 1.6033–6T is amended
by revising paragraph (b)(2)(vi) to read
as follows:
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*
*
*
*
(b) * * *
(2) * * *
(vi) An organization described in
section 501(c)(1); or
*
*
*
*
*
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. E7–24114 Filed 12–13–07; 8:45 am]
BILLING CODE 4830–01–P
SUMMARY:
PART 1—INCOME TAXES
VerDate Aug<31>2005
§ 1.6033–6T Notification requirement for
entities not required to file an annual
information return under section 6033(a)(1)
(taxable years beginning after December 31,
2006).
*
[TD 9366]
Need for Correction
Correction of Publication
71061
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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1910
[Docket No. OSHA–2007–0040]
RIN 1218–AC08
Updating OSHA Standards Based on
National Consensus Standards
Occupational Safety and Health
Administration (OSHA); Department of
Labor.
ACTION: Direct final rule.
AGENCY:
SUMMARY: In this direct final rule, the
Agency is removing several references
to consensus standards that have
requirements that duplicate, or are
comparable to, other OSHA rules; this
action includes correcting a paragraph
citation in one of these OSHA rules. The
Agency also is removing a reference to
American Welding Society standard
A3.0–1969 (‘‘Terms and Definitions’’) in
its general-industry welding standards.
This rulemaking is a continuation of
OSHA’s ongoing effort to update
references to consensus and industry
standards used throughout its rules.
DATES: This direct final rule will
become effective on March 13, 2008
unless significant adverse comment is
received by January 14, 2008.
Comments to this direct final rule
(including comments to the
information-collection (paperwork)
determination described under the
section titled SUPPLEMENTARY
INFORMATION of this notice), hearing
requests, and other information must be
submitted by January 14, 2008. All
submissions must bear a postmark or
provide other evidence of the
submission date. (See the following
section titled ADDRESSES for methods
you can use in making submissions.)
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Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / Rules and Regulations
Comments and hearing
requests may be submitted as follows:
• Electronic. Comments may be
submitted electronically to https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
• Facsimile. OSHA allows facsimile
transmission of comments and hearing
requests that are 10 pages or fewer in
length (including attachments). Send
these documents to the OSHA Docket
Office at (202) 693–1648; hard copies of
these documents are not required.
Instead of transmitting facsimile copies
of attachments that supplement these
documents (e.g., studies, journal
articles), commenters must submit these
attachments, in triplicate hard copy, to
the OSHA Docket Office, Technical Data
Center, Room N–2625, OSHA, U.S.
Department of Labor, 200 Constitution
Ave., NW., Washington, DC 20210.
These attachments must clearly identify
the sender’s name, date, subject, and
docket number (i.e., OSHA–2007–0040)
so that the Agency can attach them to
the appropriate document.
• Regular mail, express delivery,
hand (courier) delivery, and messenger
service. Submit three copies of
comments and any additional material
(e.g., studies, journal articles) to the
OSHA Docket Office, Docket No.
OSHA–2007–0040 or RIN No. 1218–
AC08, Technical Data Center, Room N–
2625, OSHA, U.S. Department of Labor,
200 Constitution Ave., NW.,
Washington, DC 20210; telephone: (202)
693–2350. (OSHA’s TTY number is
(877) 889–5627.) Note that securityrelated problems may result in
significant delays in receiving
comments and other written materials
by regular mail. Please contact the
OSHA Docket Office for information
about security procedures concerning
delivery of materials by express
delivery, hand delivery, and messenger
service. The hours of operation for the
OSHA Docket Office are 8:15 a.m. to
4:45 p.m., e.t.
• Instructions. All submissions must
include the Agency name and the OSHA
docket number (i.e., OSHA Docket No.
OSHA–2007–0040). Comments and
other material, including any personal
information, are placed in the public
docket without revision, and will be
available online at https://
www.regulations.gov. Therefore, the
Agency cautions commenters about
submitting statements they do not want
made available to the public, or
submitting comments that contain
personal information (either about
themselves or others) such as social
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ADDRESSES:
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security numbers, birth dates, and
medical data.
OSHA requests comments on all
issues related to this direct final rule. It
also welcomes comments on its findings
that there would be no negative
economic, paperwork, or other
regulatory impacts of this direct final
rule on the regulated community. If
OSHA receives no significant adverse
comment, it will publish a Federal
Register document confirming the
effective date of this direct final rule
and withdrawing the companion
proposed rule. Such confirmation may
include minor stylistic or technical
corrections to the document. For the
purpose of judicial review, OSHA views
the date of confirmation of the effective
date of this direct final rule as the date
of issuance. However, if OSHA receives
significant adverse comment on this
direct final rule, it will publish a timely
withdrawal of this rule and proceed
with the proposed rule addressing the
same standards published in the
‘‘Proposed Rules’’ section of today’s
Federal Register.
• Docket. To read or download
comments or other material in the
docket, go to https://www.regulations.gov
or to the OSHA Docket Office at the
address above. Documents in the docket
are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through this Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Contact the OSHA Docket Office for
assistance in locating docket
submissions.
FOR FURTHER INFORMATION CONTACT: For
general information and press inquiries
contact Mr. 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 Ted
Twardowski, Office of Safety Systems,
Directorate of Standards and Guidance,
Room N–3609, OSHA, U.S. Department
of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone:
(202) 693–2070; 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.
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SUPPLEMENTARY INFORMATION:
Table of Contents
I. Direct Final Rulemaking
II. Background
III. Discussion of the Rulemaking
IV. Procedural Determinations
A. Legal Considerations
B. Final Economic Analysis and Regulatory
Flexibility Act Certification
C. OMB Review Under the Paperwork
Reduction Act of 1995
D. Federalism
E. State-Plan States
F. Unfunded Mandates Reform Act
List of Subjects for 29 CFR Part 1910
Authority and Signature
V. Amendment to Standards
I. Direct Final Rulemaking
An agency uses direct final
rulemaking when it anticipates that a
rule will be non-controversial. Examples
include minor substantive revisions to
regulations and direct incorporations of
mandates from new legislation, and, as
in this rulemaking, eliminating
references to industry or consensus
standards. In direct final rulemaking,
the agency will publish the direct final
rule in the Federal Register, along with
an identical proposed rule. The Federal
Register notice states that the direct
final rule will go into effect unless it
receives a significant adverse comment
within a specified period. If the agency
receives any significant adverse
comments, it withdraws the direct final
rule and treats the comments as
responses to the proposed rule.
For purposes of this direct final rule,
a significant adverse comment is one
that explains why the various
amendments being made to OSHA’s
standards would be inappropriate. In
determining whether a comment
necessitates withdrawal of the direct
final rule, the Agency will consider
whether the comment raises an issue
serious enough to warrant a substantive
response in a notice-and-comment
process. OSHA will not consider a
comment recommending additional
amendments to be a significant adverse
comment unless the comment states
why the direct final rule would be
ineffective without the addition. If
timely significant adverse comments are
received, OSHA will publish a notice of
significant adverse comment in the
Federal Register withdrawing this
direct final rule no later than March 13,
2008.
OSHA also is publishing a companion
proposed rule along with this direct
final rule. In the event OSHA withdraws
the direct final rule because of
significant adverse comment, the
Agency will proceed with the
rulemaking by addressing the comment
and publishing a new final rule. If
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OSHA receives a significant adverse
comment regarding some actions taken
in this direct final rule, but not others,
it may (1) finalize those actions that did
not receive significant adverse
comment, and (2) conduct further
rulemaking under the companion
proposed rule for the actions that
received 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 determined that the subject of
this rulemaking is suitable for direct
final rulemaking. First, OSHA’s
amendments to the standards do not
compromise the safety of employees. As
described below, these amendments
will eliminate confusion and clarify
employer obligations. Second, the
amendments will not alter employers’
substantive obligations under the
existing OSHA standards and, therefore,
will not result in additional costs to
employers. For these reasons, OSHA
does not anticipate receiving objections
from the public.
II. Background
As discussed in a previous Federal
Register notice (69 FR 68283), the
Agency is undertaking a long-term
project to update its standards to reflect
the latest versions of consensus and
industry standards. This project
includes updating or revoking
consensus standards incorporated by
reference, and updating regulatory text
of current rules that OSHA adopted
directly from the language of outdated
consensus and industry standards.
This long-term project also includes
updating a number of OSHA standards
adopted in part from outdated
consensus standards, such as
rulemakings to update 29 CFR part
1910, subpart S (‘‘Electrical’’), 29 CFR
part 1926, subpart V (‘‘Electric Power
Transmission, and Distribution’’), 29
CFR 1910.109 (‘‘Explosives and Blasting
Agents’’), and 29 CFR part 1910, subpart
D (‘‘Walking-Working Surfaces’’).
In this direct final rule, which is
another step in this long-term project,
the Agency is performing two main
actions. First, it is removing a number
of references to outdated consensus
standards that have requirements that
duplicate, or are comparable to, the
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requirements specified by other OSHA
rules. The Agency believes these
references are unnecessary, and only
confuse employers about their
compliance obligations. Second, the
Agency is removing a reference to
American Welding Society (‘‘AWS’’)
standard A3.0–1969 (‘‘Terms and
Definitions’’) in OSHA’s generalindustry welding standards. These
actions are described more fully below.
III. Discussion of the Rulemaking
A. Removing or Replacing References to
‘‘Duplicative’’ Consensus Standards
In this direct final rule, the Agency is
removing from its standards references
to consensus standards that duplicate,
or are comparable to, requirements
found in other OSHA rules. For
example, OSHA’s standard regulating
manlifts requires guardrails with
toeboards to meet the requirements of
ANSI 12.1–1967 (Safety Requirements
for Floor and Wall Openings, Railings,
and Toeboards). The provisions of this
ANSI standard, however, are identical
to the requirements found in 29 CFR
1910.23. Therefore, it is unnecessary for
employers and employees to refer to the
ANSI standard—which is 40 years old
and difficult to obtain—when they
could refer instead to another OSHA
standard for the applicable
requirements.
Some of these ‘‘duplicative’’
references are also incorporated into the
OSHA standards as non-mandatory
sources of information, rather than
mandatory requirements. For example,
the provisions of OSHA’s ventilation
standard (29 CFR 1910.94) specify
requirements for spray-finishing
operations. See 29 CFR 1910.94(c).
Some of these provisions cross-reference
requirements in 29 CFR 1910.107
relating to spray-finishing and
flammable and combustible liquids;
they also include a non-mandatory
reference to sections of a 1969 National
Fire Protection Association (NFPA)
standard for ‘‘Spray Finishing Using
Flammable and Combustible Materials.’’
Paragraph (c)(1)(ii) of the OSHA’s
ventilation standard, for instance, states:
Spray booth. Spray booths are defined and
described in § 1910.107(a). (See sections 103,
104, and 105 of the Standard for Spray
Finishing Using Flammable and Combustible
Materials, NFPA No. 33–1969, which is
incorporated by reference as specified in
§ 1910.6).
The requirements in 29 CFR
1910.107(a) and Sections 103, 104, and
105 of NFPA No. 33–1969 are
essentially identical. NFPA No. 33–1969
was the source standard for 29 CFR
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71063
1910.107, and OSHA referenced it to
provide employers with additional, but
non-mandatory, information on sprayfinishing operations. As the OSHA
requirements and the NFPA provisions
are virtually identical, and because the
reference to the NFPA standard is nonmandatory, it is unnecessary to
reference the NFPA provisions in the
OSHA standard.
Retaining ‘‘duplicative’’ references is
unnecessary, and may confuse the
regulated community. In determining
compliance obligations in OSHA
standards that contain references to
consensus standards, employers and
employees must carefully examine the
consensus standards to identify relevant
provisions. Many of these consensus
standards are difficult to locate. A
number are over 30 years old, and,
consequently, are no longer available for
direct purchase from the standardsdevelopment organizations that issued
them. For example, employers must
submit a special request to the NFPA
library to obtain a copy of NFPA No.
33–1969 (mentioned in the previous
paragraph), while ANSI Z48.1–54 and
Z48–54 (R 70), which address marking
portable compressed-gas cylinders, are
no longer available from ANSI and must
be obtained from other vendors. While
consensus standards incorporated by
reference in OSHA standards are
available for inspection at the Agency’s
docket office in Washington, DC, its
regional offices, and the National
Archives and Records Administration,
these venues are not convenient for
many employers and employees.
Referencing these outdated consensus
standards places an unnecessary burden
on employers and employees when
comparable provisions are readily
accessible in other OSHA standards that
will enable them to ascertain
compliance obligations.
Through this rulemaking, the Agency
is removing references to the
‘‘duplicative’’ consensus standards
altogether, or replacing them with crossreferences to the existing OSHA
standards that have requirements that
are essentially identical to the
consensus standards. Table 1 below
lists: the OSHA standards that reference
the consensus standards; the
designations and titles of the consensus
standards referenced by these OSHA
standards and the OSHA standards that
are comparable to the consensus
standards; the action the Agency is
taking in this direct final rulemaking
(e.g., removing the consensus standard);
and any comments about this action.
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TABLE 1
OSHA standards
Reference consensus standards
and comparable OSHA standards
Action taken
Comment
1910.68(b)(4) and (b)(8)(ii) ............
ANSI A12.1–1967—Safety Requirements for Floor and Wall
Openings,
Railings,
and
Toeboards.
1910.23.
ANSI B7.1–1970—Safety Code
for the Use, Care, and Protection of Abrasive Wheels (Tables
5 and 6 contain structuralstrength
specifications
for
hoods).
NFPA No. 33–1969—Standard for
Spray Finishing Using Flammable and Combustible Materials (Sections 103, 104, and
105).
1910.107(a).
NFPA No. 33–196—Standard for
Spray Finishing Using Flammable and Combustible Materials (Sections 301–304, 306–
310).
1910.107(b)(1)–(b)(4) and (b)(6)–
(b)(10).
Remove the reference to the
ANSI standard in both OSHA
standards.
The provisions in the OSHA
standard and the consensus
standard are identical.
Remove the reference to the
ANSI standard and replace it
with a cite to 1910.215, Tables
O–1 and O–9.
The provisions in the OSHA
standard and the consensus
standard are identical.
Remove the reference to the
NFPA standard.
1910.94(c)(3)(i)(a) ..........................
NFPA No. 33–1969—Standard for
Spray Finishing Using Flammable and Combustible Materials (Section 310 and Chapter
4).
1910.107(b)(10) and (c).
Remove the reference to the
NFPA standard.
1910.94(c)(3)(iii) .............................
NFPA No. 33–1969—Standard for
Spray Finishing Using Flammable and Combustible Materials (Sections 304 and 305).
1910.107(b)(4) and (b)(5).
Remove the reference to the
NFPA standard.
1910.94(c)(3)(iii)(a) ........................
NFPA No. 33–1969—Standard for
Spray Finishing Using Flammable and Combustible Materials (Section 305).
1910.107(b)(5).
Remove the reference to the
NFPA standard.
1910.94(c)(5)(i) ..............................
NFPA No. 33–1969—Standard for
Spray Finishing Using Flammable and Combustible Materials (Chapter 5).
1910.107(d).
Remove the reference to the
NFPA standard.
The provisions in the OSHA
standard and the consensus
standard are identical. In addition, the reference to the consensus standard is non-mandatory.
Except for section 301 of the
NFPA standard, the provisions
in the OSHA standard and the
NFPA standard are identical.
Section 301 of the NFPA standard specifies that spray booths
constructed of steel must use
steel that is at least No. 18
gauge
U.S.,
while
1910.107(b)(1) contains no
such provision. However, both
the OSHA standard and the
NFPA standard require that
spray booths be ‘‘substantially
constructed’’ of steel. OSHA
notes it is the usual and customary practice in the industry
to use steel that is at least this
thick. In addition, the reference
to the consensus standard is
non-mandatory.
Except for a few minor differences
between the provisions of
Chapter 4 of the NFPA standard and the comparable OSHA
standard, the provisions in the
OSHA standard and the consensus standard are identical.
In addition, the reference to the
consensus standard is nonmandatory.
The provisions in the OSHA
standard and the consensus
standard are identical. In addition, the reference to the consensus standard is non-mandatory.
The provisions in the OSHA
standard and the consensus
standard are identical. In addition, the reference to the consensus standard is non-mandatory.
The provisions in the OSHA
standard and the consensus
standard are identical. In addition, the reference to the consensus standard is non-mandatory.
1910.94(b)(5)(i)(a) ..........................
1910.94(c)(1)(ii) ..............................
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1910.94(c)(3)(i) ..............................
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Remove the reference to the
NFPA standard.
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TABLE 1—Continued
Reference consensus standards
and comparable OSHA standards
Action taken
Comment
1910.94(c)(5)(iii)(e) ........................
ANSI Z9.1–1951—Safety Code
for Ventilation and Operation of
Open Surface Tanks (Section
8.3.21).
1910.94(c)(5)(iii)(e).
Remove the reference to the
ANSI standard.
1910.103(b)(1)(i)(c), .110(b)(5)(iii),
and .111(e)(1).
ANSI Z48.1–1954—Method of
Marking Portable Compressed
Gas Containers to Identify the
Material Contained (Section 3
specifies the means for marking
gas cylinders).
1910.253(b)(1)(ii).
Remove the reference to the
ANSI standard and replace it
with a cite to paragraph
(b)(1)(ii) of 1910.253.
1910.144(a)(1)(ii) ...........................
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OSHA standards
ANSI A10.2–1944—Safety Code
for Building Construction (paragraph 1.6.2 addresses the use
of red lights with barricades).
1910.144(a)(1)(ii).
Remove the reference to the
ANSI standard.
OSHA could find no Section
8.3.21 in the ANSI standard
and, therefore, is removing the
non-mandatory reference to
ANSI
Z9.1–1951
from
1910.94(c)(5)(iii)(e).
The requirements in the OSHA
standard and the consensus
standard are virtually identical.
Paragraph 3.2 of the ANSI
standard requires that, when
practical, ‘‘the marking shall be
at the valve end and off the cylindrical part of the body,’’ while
1910.253(b)(1)(ii) identifies the
shoulder as the location for the
marking (when practical); these
requirements
describe
the
same cylinder location. Also,
paragraph 3.3 of the ANSI
standard specifies the height of
the lettering; 1910.253(b)(1)(ii)
contains no specific height requirements. The Agency has
determined that the ANSI provision is unnecessary because
the OSHA standard requires
that the markings be ‘‘legible,’’
which ensures that employees
can accurately identify the contents of the cylinders.
The OSHA standard and the referenced consensus standard
have similar requirements. The
OSHA standard requires that
red lights be provided ‘‘at barricades and at temporary obstructions,’’ while paragraph
1.6.2 of the referenced ANSI
standard requires employers to
place red lights or flares on or
about barricades after dark.
OSHA has determined that removing the reference to the 60year old ANSI standard is appropriate given the requirements of 1910.144(a)(1)(ii) and
the usual and customary practice of the industry.
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TABLE 1—Continued
OSHA standards
Reference consensus standards
and comparable OSHA standards
Action taken
Comment
1910.243(d)(1)(i) ............................
ANSI A10.3–1970—Safety Requirements for Explosive-Actuated Fastening Tools (Section 3
specifies design requirements).
1910.243(d)(2).
Remove the reference to the
ANSI standard and replace it
with a cite to the design requirements
specified
by
1910.243(d)(2).
1910.253(b)(1)(ii) ...........................
ANSI Z48.1–1954—Method of
Marking Portable Compressed
Gas Containers to Identify the
Material Contained.
1910.253(b)(1)(ii).
ANSI A12.1–1967—Safety Requirements for Floor and Wall
Openings,
Railings,
and
Toeboards.
1910.23.
Remove the reference to the
ANSI standard.
The provisions in the OSHA
standard and the consensus
standard are identical, except
that
paragraph
(d)(2)
of
1910.243 does not contain provisions for the construction of
high-velocity tools, low-velocity
piston tools, and hammer-operated piston tools specified in
ANSI paragraphs 3.1.5, 3.2.5,
and 3.3.5, respectively—i.e.,
that these tools must have adequate strength to withstand the
stresses imposed by any commercially available load that will
chamber in the tool. These provisions do not relate directly to
guarding
explosive-actuated
tools, which is the purpose of
the OSHA standard. Furthermore, OSHA notes it is the
usual and customary practice in
the industry to design tools with
adequate strength to withstand
the stresses imposed by commercially available loads.
See the comments above under
the
entry
for
1910.103(b)(1)(i)(c),
.110(b)(5)(iii), and .111(e)(1).
1910.261(c)(15)(ii),
(e)(4),
(g)(13)(i),
(h)(1),
(j)(4)(iii),
(j)(5)(i), (k)(6), (k)(13)(i), and
(k)(15).
The Agency believes that removing
these consensus standards, or replacing
them with cross-references to other
OSHA standards, will not alter existing
compliance obligations or reduce
employee protection. Employers need
not alter their current practices as a
result of this rulemaking action, and
employees will receive the same level of
protection they did prior to this
rulemaking. The Agency welcomes
comment from the public regarding the
effects this rulemaking may have on
employers’ compliance obligations and
employee protection.
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B. Technical Amendment
In addition to the actions described
above, OSHA is amending paragraph
(c)(1)(iv) of its spray-finishing standard
at 29 CFR 1910.107. This paragraph
incorrectly refers to the requirements for
powder-coating equipment in
‘‘paragraph (c)(1) of this section.’’
However, paragraph (l)(1) of 29 CFR
1910.107 specifies the requirements for
powder-coating equipment. With this
amendment, 29 CFR 1910.107(c)(1)(iv)
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Remove the reference to the
ANSI standards in the OSHA
standards and replace them
with a cite to 1910.23.
will identify the correct provision for
regulating powder-coating equipment.
C. Welding Definitions
In this direct final rule, OSHA also is
removing the reference to American
Welding Society (‘‘AWS’’) standard
A3.0–1969 (‘‘Terms and Definitions’’) in
paragraph (c) of 29 CFR 1910.251
(‘‘Definitions’’). Paragraph 29 CFR
1910.251(c) states ‘‘All other welding
terms are used in accordance with
American Welding Society—Terms and
Definitions—A3.0–1969, which is
incorporated by reference as specified in
§ 1910.6.’’ The purpose of the
definitions is to assist employers and
employees in understanding the
technical terms used in these OSHA
standards; sections 29 CFR 1910.252–
255 specify the substantive obligations
for employers to follow when
performing welding, cutting, and
brazing operations.
OSHA analyzed the terms defined in
the 1969 AWS standard, as well as the
terms defined in the 2001 version of that
standard. (OSHA placed this analysis in
the docket for this rulemaking as Ex.
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The provisions in the OSHA
standard and consensus standard are identical.
OSHA–2007–0040–0002). Based on this
analysis, the Agency determined that
the terms defined in the 1969 AWS
standard that are found in OSHA’s
welding standard are substantially
similar to the definitions of these terms
found in the 2001 AWS standard.
Furthermore, the welding terms used
are commonly understood in the
industry. For example, some of the
welding terms used are such basic
technical terms as ‘‘arc welding,’’
‘‘electrode,’’ ‘‘flux,’’ ‘‘flash welding,’’
‘‘lead burning,’’ ‘‘inert gas,’’ and
‘‘oxygen cutting.’’ After over 35 years of
experience with these terms, employers
and employees performing welding,
cutting, and brazing operations
understand their meaning when
applying the substantive requirements
in 29 CFR 1910.252–1910.255.
Continuing to reference the 1969 AWS
standard is unnecessary, and OSHA is
removing it from 29 CFR 1910.251.
Employers and employees know the
meaning of the terms used in the OSHA
standard, and requiring employers to
obtain and consult AWS 3.0–1969
places an unnecessary burden on them.
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Removing the reference will not affect
employers’ substantive obligations
under 29 CFR part 1910, subpart Q, nor
will it compromise the safety of
employees when they perform the
welding, cutting, and brazing operations
regulated under 29 CFR 1910.252–
1910.255. In fact, removing the
reference will bring the general industry
standard in line with the standards
regulating welding, cutting, and heating
operations for the shipyard-employment
industry (29 CFR part 1915, subpart D)
and welding and cutting operations for
the construction industry (29 CFR part
1926, subpart J). These standards do not
define the technical welding terms used.
OSHA is not aware of any employeeprotection problems resulting from the
absence of definitions in these
standards. The Agency invites the
public to comment on its findings
regarding employers’ obligations and
employee safety.
IV. Procedural Determinations
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A. 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
that ‘‘requires conditions, or the
adoption or use of one or more
practices, means, methods, operations,
or processes, reasonably necessary or
appropriate to provide safe or healthful
employment or places of employment.’’
29 U.S.C. 652(8). A standard is
reasonably necessary or appropriate
within the meaning of Section 652(8)
when a significant risk of material harm
exists in the workplace and the standard
would substantially reduce or eliminate
that workplace risk.
This direct final rule will not reduce
the employee protections put into place
by the standards being amended. In fact,
it will enhance employee safety by
eliminating confusing requirements and
clarifying employer obligations.
Therefore, it is unnecessary to
determine significant risk, or the extent
to which the rule would reduce that
risk, as typically would be required by
Industrial Union Department, AFL–CIO
v. American Petroleum Institute, 448
U.S. 607 (1980).
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B. Final Economic Analysis and
Regulatory Flexibility Act Certification
This direct final rule is not
economically significant within the
context of Executive Order (‘‘E.O.’’)
12866 (58 FR 51735) or a ‘‘major rule’’
under Section 804 of the Small Business
Regulatory Enforcement Fairness Act of
1996 (‘‘SBREFA’’; 5 U.S.C. 804). The
rule will impose no additional costs on
any private- or public-sector entity, and
does not meet any of the criteria for an
economically significant rule or a major
rule specified by E.O. 12866 or the
relevant statutes. (While not
economically significant, as part of
OSHA’s consensus standards update
project, this direct final rule is classified
as a ‘‘significant regulatory action’’
under E.O. 12866.)
This action simply (1) removes, or
replaces with cross-references,
unnecessary references to consensus
standards, and (2) removes a reference
to American Welding Society standard
A3.0–1969 in OSHA’s general-industry
welding standards. The rulemaking does
not impose any additional costs on
employers. Therefore, OSHA certifies
that it will not have a significant impact
on a substantial number of small
entities, and that the Agency does not
have to prepare a regulatory flexibility
analysis for this rulemaking under the
SBREFA (5 U.S.C. 601 et seq.).
C. OMB Review Under the Paperwork
Reduction Act of 1995
The existing provisions of the OSHA
standards addressed by this direct final
rule do not contain collection-ofinformation requirements, nor do the
amended provisions to the standards
implemented by this rulemaking
contain collection-of-information
requirements. Therefore, this direct final
rule does not impose remove or revise
any information-collection requirements
for purposes of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501
et seq. and 5 CFR part 1320.
Accordingly, the Agency does not have
to prepare an Information Collection
Request in association with this
rulemaking.
Members of the public who wish to
comment on these determinations must
send their written comments to the
Office of Information and Regulatory
Affairs, Attn: OSHA Desk Officer (RIN
1218–AC08), Office of Management and
Budget, Room 10235, 725 17th Street
NW., Washington, DC 20503. The
Agency encourages commenters to also
submit their comments to the
rulemaking docket, along with their
comments on other parts of the direct
final rule. For instructions on
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71067
submitting these comments and
accessing the docket, see the sections of
this Federal Register notice titled DATES
and ADDRESSES. However, no comment
received on this paperwork
determination will be considered by the
Agency to be a ‘‘significant adverse
comment’’ as specified above under
Section I (‘‘Direct Final Rulemaking’’).
To make inquiries, or to request other
information, contact Mr. Todd Owen,
Directorate of Standards and Guidance,
OSHA, Room N–3609, U.S. Department
of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone
(202) 693–2222.
D. Federalism
OSHA 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 Federal 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 clear
constitutional authority exists and the
problem is national in scope. Executive
Order 13132 provides for preemption of
State law only with the expressed
consent of Congress. Any such
preemption is to be limited to the extent
possible.
Under Section 18 of the Occupational
Safety and Health Act of 1970 (‘‘OSH
Act’’; 29 U.S.C. 651 et seq.), Congress
expressly provides for the preemption of
State laws when OSHA promulgates
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 State-Plan States must 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. In States
without OSHA-approved State Plans,
Congress expressly provides for OSHA
standards to preempt State job safety
and health rules in areas addressed by
OSHA standards; in these States, this
direct final rule limits State policy
options in the same manner as all OSHA
standards. In States with OSHAapproved State Plans, this rulemaking
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does not significantly limit State policy
options.
E. State-Plan States
When Federal OSHA promulgates a
new standard or more stringent
amendment to an existing standard, the
26 States and U.S. Territories with their
own OSHA-approved occupational
safety and health plans (‘‘State-Plan
States’’) must amend their standards to
reflect the new standard or amendment,
or show OSHA why such action is
unnecessary, e.g., because an existing
State standard covering this area is ‘‘at
least as effective’’ as the new Federal
standard or amendment. 29 CFR
1953.5(a). The State standard must be at
least as effective as the final Federal
rule, must be applicable to both the
private and public (State and local
government employees) sectors, and
must be completed within six months of
the publication date of the final Federal
rule. When OSHA promulgates a new
standard or amendment that does not
impose additional or more stringent
requirements than an existing standard,
State-Plan States are not required to
amend their standards, although the
Agency may encourage them to do so.
The 26 States and U.S. Territories with
OSHA-approved occupational safety
and health plans are: Alaska, Arizona,
California, Hawaii, Indiana, Iowa,
Kentucky, Maryland, Michigan,
Minnesota, Nevada, New Mexico, North
Carolina, Oregon, Puerto Rico, South
Carolina, Tennessee, Utah, Vermont,
Virginia, Washington, and Wyoming;
Connecticut, New Jersey, New York, and
the Virgin Islands have OSHA-approved
State Plans that apply to State and local
government employees only.
With regard to this direct final rule, it
will not impose any additional or more
stringent requirements on employers
compared to existing OSHA standards.
Through this rulemaking, the Agency is
removing several references to
consensus standards that contain
requirements that also are expressly
included in other OSHA standards. The
Agency also is removing a reference to
an American Welding Society standard.
Therefore, States and Territories with
approved State-Plans do not need to
adopt this rule or show OSHA why such
action is unnecessary. However, to the
extent these States and Territories have
the same standards as the OSHA
standards affected by this direct final
rule, OSHA encourages them to adopt
the amendments.
F. Unfunded Mandates Reform Act
OSHA reviewed this direct final rule
according to the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’; 2 U.S.C.
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14:52 Dec 13, 2007
Jkt 214001
1501 et seq.) and Executive Order 12875
(58 FR 58093). As discussed above in
Section IV.B (‘‘Economic Analysis and
Regulatory Flexibility Certification’’) of
this preamble, the Agency determined
that this direct final rule imposes no
additional costs on any private- or
public-sector entity. Accordingly, this
direct final rule requires no additional
expenditures by either public or private
employers.
As noted above under Section IV.E
(‘‘State-Plan States’’), the Agency’s
standards do not apply to State and
local governments except in States that
have elected voluntarily to adopt a State
Plan approved by the Agency.
Consequently, this direct final rule does
not meet the definition of a ‘‘Federal
intergovernmental mandate’’ (see
Section 421(5) of the UMRA (2 U.S.C.
658(5))). Therefore, for the purposes of
the UMRA, the Agency certifies that this
direct final rule does not mandate that
State, local, or tribal governments adopt
new, unfunded regulatory obligations,
or increase expenditures by the private
sector of more than $100 million in any
year.
List of Subjects for 29 CFR Part 1910
General industry, Health,
Occupational safety and health, Safety,
Welding.
Authority and Signature
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, directed the
preparation of this direct final rule. The
Agency is issuing this rule under
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 5–2007 (72 FR 31159), and 29
CFR part 1911.
Signed at Washington, DC, on Friday,
December 7, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
V. Amendments to Standards
PART 1910—[AMENDED]
Subpart A—[Amended]
1. Revise the authority citation for
subpart A of part 1910 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
Frm 00014
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2. In § 1910.6:
a. Remove and reserve paragraphs
(e)(1), (e)(2), (e)(5), (e)(62), and (e)(63),
and (i)(1).; and
I b. Revise paragraphs (e)(15), (e)(49),
and (q)(3) to read as follows:
I
I
§ 1910.6
Incorporation by reference.
*
*
*
*
*
(e) * * *
(15) ANSI B7.1–70 Safety Code for the
Use, Care and Protection of Abrasive
Wheels, IBR approved for
§§ 1910.215(b)(12) and 1910.218(j).
*
*
*
*
*
(49) ANSI Z9.1–51 Safety Code for
Ventilation and Operation of Open
Surface Tanks, IBR approved for
1910.261(a)(3)(xix), (g)(18)(v), and
(h)(2)(i).
*
*
*
*
*
(q) * * *
(3) NFPA 33–1969 Standard for Spray
Finishing Using Flammable and
Combustible Material, IBR approved for
§ 1910.94(c)(2).
*
*
*
*
*
Subpart F—[Amended]
3–4. Revise the authority citation for
subpart F of part 1910 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 No. 12–71 (36 FR 8754), 8–76 (41 FR
25059), 9–83 (48 FR 35736), 1–90 (55 FR
9033), or 5–2007 (72 FR 31159), as
applicable; and 29 CFR Part 1911.
5. Revise paragraphs (b)(4) and
(b)(8)(ii) of § 1910.68 to read as follows:
I
§ 1910.68
For the reasons stated in the preamble,
OSHA is amending 29 CFR part 1910 to
read as follows:
I
PO 00000
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 5–2007 (72 FR 31159), as
applicable.
Section 1910.6 also issued under 5 U.S.C.
553. Sections 1910.6, 1910.7, and 1910.8 also
issued under 29 CFR Part 1911. Section
1910.7(f) also issued under 31 U.S.C. 9701,
29 U.S.C. 9a, 5 U.S.C. 553; Pub. L. 106–113
(113 Stat. 1501A–222); and OMB Circular A–
25 (dated July 8, 1993) (58 FR 38142, July 15,
1993).
Manlifts.
*
*
*
*
*
(b) * * *
(4) Reference to other codes and
subparts. The following codes and
subparts of this part are applicable to
this section: Safety Code for Mechanical
Power Transmission Apparatus, ANSI
B15.1–1953 (R 1958); Safety Code for
Fixed Ladders, ANSI A14.3–1956; and
subparts D, O, and S. The preceding
ANSI standards are incorporated by
reference as specified in § 1910.6.
*
*
*
*
*
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(8) * * *
(ii) Construction. The rails shall be
standard guardrails with toeboards
meeting the provisions of § 1910.23.
*
*
*
*
*
Subpart G—[Amended]
6. Revise the authority citation for
subpart G of part 1910 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 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), or 5–2007 (72 FR
31159), as applicable; and 29 CFR Part 1911.
Section 1910.94 also issued under 5 U.S.C.
553.
7. Revise paragraphs (b)(5)(1)(a),
(c)(1)(ii), (c)(3)(i) introductory text,
(c)(3)(i)(a), (c)(3)(iii) introductory text,
(c)(3)(iii)(a), (c)(5)(i) introductory text,
and (c)(5)(iii)(e) of § 1910.94 to read as
follows:
I
§ 1910.94
Ventilation.
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*
*
*
*
*
(b) * * *
(5) * * *
(i)(a) It is the dual function of
grinding and abrasive cutting-off wheel
hoods to protect the operator from the
hazards of bursting wheels, as well as to
provide a means for the removal of dust
and dirt generated. All hoods shall be
not less in structural strength than
specified in Tables O–1 and O–9 of
§ 1910.215.
*
*
*
*
*
(c) * * *
(1) * * *
(ii) Spray booth. Spray booths are
defined and described in § 1910.107(a).
*
*
*
*
*
(3) * * *
(i) Spray booths shall be designed and
constructed in accordance with
§ 1910.107(b)(1) through (b)(4) and (b)(6)
through (b)(10). For a more detailed
discussion of fundamentals relating to
this subject, see ANSI Z9.2–1960, which
is incorporated by reference as specified
in § 1910.6.
(a) Lights, motors, electrical
equipment, and other sources of ignition
shall conform to the requirements of
§ 1910.107(b)(10) and (c).
*
*
*
*
*
(iii) Baffles, distribution plates, and
dry-type overspray collectors shall
conform to the requirements of
§ 1910.107(b)(4) and (b)(5).
(a) Overspray filters shall be installed
and maintained in accordance with the
requirements of § 1910.107(b)(5), and
shall only be in a location easily
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accessible for inspection, cleaning, or
replacement.
*
*
*
*
*
(5) * * *
(i) Ventilation shall be provided in
accordance with provisions of
§ 1910.107(d), and in accordance with
the following:
*
*
*
*
*
(iii) * * *
(e) Inspection or clean-out doors shall
be provided for every 9 to 12 feet of
running length for ducts up to 12 inches
in diameter, but the distance between
cleanout doors may be greater for larger
pipes. A clean-out door or doors shall be
provided for servicing the fan, and
where necessary, a drain shall be
provided.
*
*
*
*
*
Subpart H—[Amended]
8. Revise the authority citation for
subpart H of part 1910 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 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 5–2007 (72 FR 31159), as
applicable; and 29 CFR part 1911.
Sections 1910.103, 1910.106 through
1910.111, and 1910.119, 1910.120, and
1910.122 through 1910.126 also issued under
29 CFR part 1911.
Section 1910.119 also issued under Section
304, Clean Air Act Amendments of 1990
(Pub. L. 101–549), reprinted at 29 U.S.C. 655
Note.
Section 1910.120 also issued under Section
126, Superfund Amendments and
Reauthorization Act of 1986 as amended (29
U.S.C. 655 Note), and 5 U.S.C. 553.
9. Revise paragraph (b)(1)(i)(C) of
§ 1910.103 to read as follows:
I
§ 1910.103
Hydrogen.
*
*
*
*
*
(b) * * *
(1) * * *
(i) * * *
(c) Each portable container shall be
legibly marked with the name
‘‘Hydrogen’’ in accordance with the
marking requirements set forth in
§ 1910.253(b)(1)(ii). Each manifolded
hydrogen supply unit shall be legibly
marked with the name ‘‘Hydrogen’’ or a
legend such as ‘‘This unit contains
hydrogen.’’
*
*
*
*
*
I 10. Revise paragraph (c)(1)(iv) of
§ 1910.107 to read as follows:
§ 1910.107 Spray finishing using
flammable and combustible materials.
*
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*
*
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*
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*
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71069
(c) * * *
(1) * * *
*
*
*
*
*
(vi) Powder-coating equipment shall
conform to the requirements of
paragraph (l)(1) of this section.
*
*
*
*
*
I 11. Amend paragraph (b)(5)(iii) of
§ 1910.110 to read as follows:
§ 1910.110 Storage and handling of liquid
petroleum gases.
*
*
*
*
*
(b) * * *
(5) * * *
(iii) When LP-Gas and one or more
other gases are stored or used in the
same area, the containers shall be
marked to identify their content.
Marking shall conform to the marking
requirements set forth in
§ 1910.253(b)(1)(ii).
*
*
*
*
*
I 12. Revise paragraph (e)(1) of
§ 1910.111 to read as follows:
§ 1910.111 Storage and handling of
anhydrous ammonia.
*
*
*
*
*
(e) * * *
(1) Conformance. Cylinders shall
comply with DOT specifications and
shall be maintained, filled, packaged,
marked, labeled, and shipped to comply
with 49 CFR chapter I and the marking
requirements set forth in
§ 1910.253(b)(1)(ii).
*
*
*
*
*
Subpart J—[Amended]
13. Revise the authority citation for
subpart J of part 1910 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 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 5–2007 (72 FR 31159), as
applicable.
Sections 1910.141, 1910.142, 1910.145,
1910.146, and 1910.147 also issued under 29
CFR part 1911.
14. Revise paragraph (a)(1)(ii) of
§ 1910.144 to read as follows:
I
§ 1910.144 Safety color code for marking
physical hazards.
(a) * * *
(1) * * *
(ii) Danger. Safety cans or other
portable containers of flammable liquids
having a flash point at or below 80° F,
table containers of flammable liquids
(open cup tester), excluding shipping
containers, shall be painted red with
some additional clearly visible
identification either in the form of a
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Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / Rules and Regulations
yellow band around the can or the name
of the contents conspicuously stenciled
or painted on the can in yellow. Red
lights shall be provided at barricades
and at temporary obstructions. Danger
signs shall be painted red.
*
*
*
*
*
Subpart P—[Amended]
15. Revise the authority citation for
subpart P of part 1910 to read as
follows:
I
Subpart R—[Amended]
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), or 5–2007 (72 FR 31159), as
applicable; 29 CFR part 1911.
Section 1910.243 also issued under 29 CFR
part 1910.
16. Revise paragraph (d)(1)(i) of
§ 1910.243 to read as follows:
I
§ 1910.243
tools.
*
*
*
*
(d) * * *
(1) * * *
(i) Explosive-actuated fastening tools
that are actuated by explosives or any
similar means, and propel a stud, pin,
fastener, or other object for the purpose
of affixing it by penetration to any other
object shall meet the design
requirements specified by paragraph
(d)(2) of this section. This requirement
does not apply to devices designed for
attaching objects to soft construction
materials, such as wood, plaster, tar, dry
wallboard, and the like, or to studwelding equipment.
*
*
*
*
*
Subpart Q—[Amended]
17. Revise the authority citation for
subpart Q of part 1910 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, and 657); Secretary of
Labor’s Orders Nos. 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 5–2007 (72 FR 31159), as
applicable; and 29 CFR part 1911.
[Amended]
18. Remove paragraph (c) of
§ 1910.251.
I 19. Revise paragraph (b)(1)(ii) of
§ 1910.253 to read as follows:
rmajette on PROD1PC64 with RULES
I
§ 1910.253
cutting.
*
Oxygen-fuel gas welding and
*
*
(b) * * *
(1) * * *
VerDate Aug<31>2005
*
*
14:52 Dec 13, 2007
Jkt 214001
20. Revise the authority citation for
subpart R of part 1910 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), 1–90 (55 FR
9033), 6–96 (62 FR 111), or 5–2007 (72 FR
31159), as applicable; and 29 CFR part 1911.
21. Revise paragraphs (c)(15)(ii),
(e)(4), (g)(13)(i), (h)(1), (j)(4)(iii), (j)(5)(i),
(k)(6), (k)(13)(i), and (k)(15) of
§ 1910.261 to read as follows:
I
Guarding of portable powered
*
§ 1910.251
(ii) Compressed gas cylinders shall be
legibly marked, for the purpose of
identifying the gas content, with either
the chemical or the trade name of the
gas. Such marking shall be by means of
stenciling, stamping, or labeling, and
shall not be readily removable.
Whenever practical, the marking shall
be located on the shoulder of the
cylinder.
*
*
*
*
*
§ 1910.261
mills.
Pulp, paper, and paperboard
*
*
*
*
*
(c) * * *
(15) * * *
(ii) Where conveyors cross
passageways or roadways, a horizontal
platform shall be provided under the
conveyor extending out from the sides
of the conveyor a distance equal to 1.5
times the length of the wood handled.
The platform shall extend the width of
the road plus 2 feet on each side, and
shall be kept free of wood and rubbish.
The edges of the platform shall be
provided with toeboards or other
protection to prevent wood from falling,
in accordance with § 1910.23.
*
*
*
*
*
(e) * * *
(4) Runway to the jack ladder. The
runway from the pond or unloading
dock to the table shall be protected with
standard handrails and toeboards.
Inclined portions shall have cleats or
equivalent nonslip surfacing in
accordance with § 1910.23. Protective
equipment shall be provided for persons
working over water.
*
*
*
*
*
(g) * * *
(13) * * *
(i) Blowpit openings shall be
preferably on the side of the pit instead
of on top. When located on top,
openings shall be as small as possible
and shall be provided with railings in
accordance with § 1910.23.
*
*
*
*
*
(h) * * *
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
(1) Bleaching engines. Bleaching
engines, except the Bellmer type, shall
be completely covered on the top, with
the exception of one small opening large
enough to allow filling, but too small to
admit a person. Platforms leading from
one engine to another shall have
standard guardrails in accordance with
§ 1910.23.
*
*
*
*
*
(j) * * *
(4) * * *
(iii) When beaters are fed from a floor
above, the chute opening, if less than 42
inches from the floor, shall be provided
with a complete rail or other enclosure.
Openings for manual feeding shall be
sufficient only for entry of stock, and
shall be provided with at least two
permanently secured crossrails in
accordance with § 1910.23.
*
*
*
*
*
(5) * * *
(i) All pulpers having the top or any
other opening of a vessel less than 42
inches from the floor or work platform
shall have such openings guarded by
railed or other enclosures. For manual
charging, openings shall be sufficient to
permit the entry of stock, and shall be
provided with at least two permanently
secured crossrails in accordance with
§ 1910.23.
*
*
*
*
*
(k) * * *
(6) Steps. Steps of uniform rise and
tread with nonslip surfaces shall be
provided at each press in accordance
with § 1910.23.
*
*
*
*
*
(13) * * *
(i) A guardrail shall be provided at
broke holes in accordance with
§ 1910.23.
*
*
*
*
*
(15) Steps. Steps or ladders of uniform
rise and tread with nonslip surfaces
shall be provided at each calendar stack.
Handrails and hand grips shall be
provided at each calendar stack in
accordance with § 1910.23.
*
*
*
*
*
[FR Doc. E7–24181 Filed 12–13–07; 8:45 am]
BILLING CODE 4510–26–P
E:\FR\FM\14DER1.SGM
14DER1
]]>Agencies
[Federal Register Volume 72, Number 240 (Friday, December 14, 2007)]
[Rules and Regulations]
[Pages 71061-71070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24181]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. OSHA-2007-0040]
RIN 1218-AC08
Updating OSHA Standards Based on National Consensus Standards
AGENCY: Occupational Safety and Health Administration (OSHA);
Department of Labor.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: In this direct final rule, the Agency is removing several
references to consensus standards that have requirements that
duplicate, or are comparable to, other OSHA rules; this action includes
correcting a paragraph citation in one of these OSHA rules. The Agency
also is removing a reference to American Welding Society standard A3.0-
1969 (``Terms and Definitions'') in its general-industry welding
standards. This rulemaking is a continuation of OSHA's ongoing effort
to update references to consensus and industry standards used
throughout its rules.
DATES: This direct final rule will become effective on March 13, 2008
unless significant adverse comment is received by January 14, 2008.
Comments to this direct final rule (including comments to the
information-collection (paperwork) determination described under the
section titled SUPPLEMENTARY INFORMATION of this notice), hearing
requests, and other information must be submitted by January 14, 2008.
All submissions must bear a postmark or provide other evidence of the
submission date. (See the following section titled ADDRESSES for
methods you can use in making submissions.)
[[Page 71062]]
ADDRESSES: Comments and hearing requests may be submitted as follows:
Electronic. Comments may be submitted electronically to
https://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for submitting comments.
Facsimile. OSHA allows facsimile transmission of comments
and hearing requests that are 10 pages or fewer in length (including
attachments). Send these documents to the OSHA Docket Office at (202)
693-1648; hard copies of these documents are not required. Instead of
transmitting facsimile copies of attachments that supplement these
documents (e.g., studies, journal articles), commenters must submit
these attachments, in triplicate hard copy, to the OSHA Docket Office,
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200
Constitution Ave., NW., Washington, DC 20210. These attachments must
clearly identify the sender's name, date, subject, and docket number
(i.e., OSHA-2007-0040) so that the Agency can attach them to the
appropriate document.
Regular mail, express delivery, hand (courier) delivery,
and messenger service. Submit three copies of comments and any
additional material (e.g., studies, journal articles) to the OSHA
Docket Office, Docket No. OSHA-2007-0040 or RIN No. 1218-AC08,
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200
Constitution Ave., NW., Washington, DC 20210; telephone: (202) 693-
2350. (OSHA's TTY number is (877) 889-5627.) Note that security-related
problems may result in significant delays in receiving comments and
other written materials by regular mail. Please contact the OSHA Docket
Office for information about security procedures concerning delivery of
materials by express delivery, hand delivery, and messenger service.
The hours of operation for the OSHA Docket Office are 8:15 a.m. to 4:45
p.m., e.t.
Instructions. All submissions must include the Agency name
and the OSHA docket number (i.e., OSHA Docket No. OSHA-2007-0040).
Comments and other material, including any personal information, are
placed in the public docket without revision, and will be available
online at https://www.regulations.gov. Therefore, the Agency cautions
commenters about submitting statements they do not want made available
to the public, or submitting comments that contain personal information
(either about themselves or others) such as social security numbers,
birth dates, and medical data.
OSHA requests comments on all issues related to this direct final
rule. It also welcomes comments on its findings that there would be no
negative economic, paperwork, or other regulatory impacts of this
direct final rule on the regulated community. If OSHA receives no
significant adverse comment, it will publish a Federal Register
document confirming the effective date of this direct final rule and
withdrawing the companion proposed rule. Such confirmation may include
minor stylistic or technical corrections to the document. For the
purpose of judicial review, OSHA views the date of confirmation of the
effective date of this direct final rule as the date of issuance.
However, if OSHA receives significant adverse comment on this direct
final rule, it will publish a timely withdrawal of this rule and
proceed with the proposed rule addressing the same standards published
in the ``Proposed Rules'' section of today's Federal Register.
Docket. To read or download comments or other material in
the docket, go to https://www.regulations.gov or to the OSHA Docket
Office at the address above. Documents in the docket are listed in the
https://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through this Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
Contact the OSHA Docket Office for assistance in locating docket
submissions.
FOR FURTHER INFORMATION CONTACT: For general information and press
inquiries contact Mr. 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 Ted Twardowski, Office of Safety Systems,
Directorate of Standards and Guidance, Room N-3609, OSHA, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone: (202) 693-2070; 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.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Direct Final Rulemaking
II. Background
III. Discussion of the Rulemaking
IV. Procedural Determinations
A. Legal Considerations
B. Final Economic Analysis and Regulatory Flexibility Act
Certification
C. OMB Review Under the Paperwork Reduction Act of 1995
D. Federalism
E. State-Plan States
F. Unfunded Mandates Reform Act
List of Subjects for 29 CFR Part 1910
Authority and Signature
V. Amendment to Standards
I. Direct Final Rulemaking
An agency uses direct final rulemaking when it anticipates that a
rule will be non-controversial. Examples include minor substantive
revisions to regulations and direct incorporations of mandates from new
legislation, and, as in this rulemaking, eliminating references to
industry or consensus standards. In direct final rulemaking, the agency
will publish the direct final rule in the Federal Register, along with
an identical proposed rule. The Federal Register notice states that the
direct final rule will go into effect unless it receives a significant
adverse comment within a specified period. If the agency receives any
significant adverse comments, it withdraws the direct final rule and
treats the comments as responses to the proposed rule.
For purposes of this direct final rule, a significant adverse
comment is one that explains why the various amendments being made to
OSHA's standards would be inappropriate. In determining whether a
comment necessitates withdrawal of the direct final rule, the Agency
will consider whether the comment raises an issue serious enough to
warrant a substantive response in a notice-and-comment process. OSHA
will not consider a comment recommending additional amendments to be a
significant adverse comment unless the comment states why the direct
final rule would be ineffective without the addition. If timely
significant adverse comments are received, OSHA will publish a notice
of significant adverse comment in the Federal Register withdrawing this
direct final rule no later than March 13, 2008.
OSHA also is publishing a companion proposed rule along with this
direct final rule. In the event OSHA withdraws the direct final rule
because of significant adverse comment, the Agency will proceed with
the rulemaking by addressing the comment and publishing a new final
rule. If
[[Page 71063]]
OSHA receives a significant adverse comment regarding some actions
taken in this direct final rule, but not others, it may (1) finalize
those actions that did not receive significant adverse comment, and (2)
conduct further rulemaking under the companion proposed rule for the
actions that received 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 determined that the subject of this rulemaking is suitable for
direct final rulemaking. First, OSHA's amendments to the standards do
not compromise the safety of employees. As described below, these
amendments will eliminate confusion and clarify employer obligations.
Second, the amendments will not alter employers' substantive
obligations under the existing OSHA standards and, therefore, will not
result in additional costs to employers. For these reasons, OSHA does
not anticipate receiving objections from the public.
II. Background
As discussed in a previous Federal Register notice (69 FR 68283),
the Agency is undertaking a long-term project to update its standards
to reflect the latest versions of consensus and industry standards.
This project includes updating or revoking consensus standards
incorporated by reference, and updating regulatory text of current
rules that OSHA adopted directly from the language of outdated
consensus and industry standards.
This long-term project also includes updating a number of OSHA
standards adopted in part from outdated consensus standards, such as
rulemakings to update 29 CFR part 1910, subpart S (``Electrical''), 29
CFR part 1926, subpart V (``Electric Power Transmission, and
Distribution''), 29 CFR 1910.109 (``Explosives and Blasting Agents''),
and 29 CFR part 1910, subpart D (``Walking-Working Surfaces'').
In this direct final rule, which is another step in this long-term
project, the Agency is performing two main actions. First, it is
removing a number of references to outdated consensus standards that
have requirements that duplicate, or are comparable to, the
requirements specified by other OSHA rules. The Agency believes these
references are unnecessary, and only confuse employers about their
compliance obligations. Second, the Agency is removing a reference to
American Welding Society (``AWS'') standard A3.0-1969 (``Terms and
Definitions'') in OSHA's general-industry welding standards. These
actions are described more fully below.
III. Discussion of the Rulemaking
A. Removing or Replacing References to ``Duplicative'' Consensus
Standards
In this direct final rule, the Agency is removing from its
standards references to consensus standards that duplicate, or are
comparable to, requirements found in other OSHA rules. For example,
OSHA's standard regulating manlifts requires guardrails with toeboards
to meet the requirements of ANSI 12.1-1967 (Safety Requirements for
Floor and Wall Openings, Railings, and Toeboards). The provisions of
this ANSI standard, however, are identical to the requirements found in
29 CFR 1910.23. Therefore, it is unnecessary for employers and
employees to refer to the ANSI standard--which is 40 years old and
difficult to obtain--when they could refer instead to another OSHA
standard for the applicable requirements.
Some of these ``duplicative'' references are also incorporated into
the OSHA standards as non-mandatory sources of information, rather than
mandatory requirements. For example, the provisions of OSHA's
ventilation standard (29 CFR 1910.94) specify requirements for spray-
finishing operations. See 29 CFR 1910.94(c). Some of these provisions
cross-reference requirements in 29 CFR 1910.107 relating to spray-
finishing and flammable and combustible liquids; they also include a
non-mandatory reference to sections of a 1969 National Fire Protection
Association (NFPA) standard for ``Spray Finishing Using Flammable and
Combustible Materials.'' Paragraph (c)(1)(ii) of the OSHA's ventilation
standard, for instance, states:
Spray booth. Spray booths are defined and described in Sec.
1910.107(a). (See sections 103, 104, and 105 of the Standard for
Spray Finishing Using Flammable and Combustible Materials, NFPA No.
33-1969, which is incorporated by reference as specified in Sec.
1910.6).
The requirements in 29 CFR 1910.107(a) and Sections 103, 104, and
105 of NFPA No. 33-1969 are essentially identical. NFPA No. 33-1969 was
the source standard for 29 CFR 1910.107, and OSHA referenced it to
provide employers with additional, but non-mandatory, information on
spray-finishing operations. As the OSHA requirements and the NFPA
provisions are virtually identical, and because the reference to the
NFPA standard is non-mandatory, it is unnecessary to reference the NFPA
provisions in the OSHA standard.
Retaining ``duplicative'' references is unnecessary, and may
confuse the regulated community. In determining compliance obligations
in OSHA standards that contain references to consensus standards,
employers and employees must carefully examine the consensus standards
to identify relevant provisions. Many of these consensus standards are
difficult to locate. A number are over 30 years old, and, consequently,
are no longer available for direct purchase from the standards-
development organizations that issued them. For example, employers must
submit a special request to the NFPA library to obtain a copy of NFPA
No. 33-1969 (mentioned in the previous paragraph), while ANSI Z48.1-54
and Z48-54 (R 70), which address marking portable compressed-gas
cylinders, are no longer available from ANSI and must be obtained from
other vendors. While consensus standards incorporated by reference in
OSHA standards are available for inspection at the Agency's docket
office in Washington, DC, its regional offices, and the National
Archives and Records Administration, these venues are not convenient
for many employers and employees. Referencing these outdated consensus
standards places an unnecessary burden on employers and employees when
comparable provisions are readily accessible in other OSHA standards
that will enable them to ascertain compliance obligations.
Through this rulemaking, the Agency is removing references to the
``duplicative'' consensus standards altogether, or replacing them with
cross-references to the existing OSHA standards that have requirements
that are essentially identical to the consensus standards. Table 1
below lists: the OSHA standards that reference the consensus standards;
the designations and titles of the consensus standards referenced by
these OSHA standards and the OSHA standards that are comparable to the
consensus standards; the action the Agency is taking in this direct
final rulemaking (e.g., removing the consensus standard); and any
comments about this action.
[[Page 71064]]
Table 1
----------------------------------------------------------------------------------------------------------------
Reference consensus
standards and
OSHA standards comparable OSHA Action taken Comment
standards
----------------------------------------------------------------------------------------------------------------
1910.68(b)(4) and (b)(8)(ii)......... ANSI A12.1-1967--Safety Remove the reference to The provisions in the
Requirements for Floor the ANSI standard in OSHA standard and the
and Wall Openings, both OSHA standards. consensus standard are
Railings, and identical.
Toeboards.
1910.23................
1910.94(b)(5)(i)(a).................. ANSI B7.1-1970--Safety Remove the reference to The provisions in the
Code for the Use, the ANSI standard and OSHA standard and the
Care, and Protection replace it with a cite consensus standard are
of Abrasive Wheels to 1910.215, Tables O- identical.
(Tables 5 and 6 1 and O-9.
contain structural-
strength
specifications for
hoods).
1910.94(c)(1)(ii).................... NFPA No. 33-1969-- Remove the reference to The provisions in the
Standard for Spray the NFPA standard. OSHA standard and the
Finishing Using consensus standard are
Flammable and identical. In
Combustible Materials addition, the
(Sections 103, 104, reference to the
and 105). consensus standard is
1910.107(a)............ non-mandatory.
1910.94(c)(3)(i)..................... NFPA No. 33-196-- Remove the reference to Except for section 301
Standard for Spray the NFPA standard. of the NFPA standard,
Finishing Using the provisions in the
Flammable and OSHA standard and the
Combustible Materials NFPA standard are
(Sections 301-304, 306- identical. Section 301
310). of the NFPA standard
1910.107(b)(1)-(b)(4) specifies that spray
and (b)(6)-(b)(10).. booths constructed of
steel must use steel
that is at least No.
18 gauge U.S., while
1910.107(b)(1)
contains no such
provision. However,
both the OSHA standard
and the NFPA standard
require that spray
booths be
``substantially
constructed'' of
steel. OSHA notes it
is the usual and
customary practice in
the industry to use
steel that is at least
this thick. In
addition, the
reference to the
consensus standard is
non-mandatory.
1910.94(c)(3)(i)(a).................. NFPA No. 33-1969-- Remove the reference to Except for a few minor
Standard for Spray the NFPA standard. differences between
Finishing Using the provisions of
Flammable and Chapter 4 of the NFPA
Combustible Materials standard and the
(Section 310 and comparable OSHA
Chapter 4). standard, the
1910.107(b)(10) and provisions in the OSHA
(c).. standard and the
consensus standard are
identical. In
addition, the
reference to the
consensus standard is
non-mandatory.
1910.94(c)(3)(iii)................... NFPA No. 33-1969-- Remove the reference to The provisions in the
Standard for Spray the NFPA standard. OSHA standard and the
Finishing Using consensus standard are
Flammable and identical. In
Combustible Materials addition, the
(Sections 304 and 305). reference to the
1910.107(b)(4) and consensus standard is
(b)(5).. non-mandatory.
1910.94(c)(3)(iii)(a)................ NFPA No. 33-1969-- Remove the reference to The provisions in the
Standard for Spray the NFPA standard. OSHA standard and the
Finishing Using consensus standard are
Flammable and identical. In
Combustible Materials addition, the
(Section 305). reference to the
1910.107(b)(5)......... consensus standard is
non-mandatory.
1910.94(c)(5)(i)..................... NFPA No. 33-1969-- Remove the reference to The provisions in the
Standard for Spray the NFPA standard. OSHA standard and the
Finishing Using consensus standard are
Flammable and identical. In
Combustible Materials addition, the
(Chapter 5). reference to the
1910.107(d)............ consensus standard is
non-mandatory.
[[Page 71065]]
1910.94(c)(5)(iii)(e)................ ANSI Z9.1-1951--Safety Remove the reference to OSHA could find no
Code for Ventilation the ANSI standard. Section 8.3.21 in the
and Operation of Open ANSI standard and,
Surface Tanks (Section therefore, is removing
8.3.21). the non-mandatory
1910.94(c)(5)(iii)(e).. reference to ANSI Z9.1-
1951 from
1910.94(c)(5)(iii)(e).
1910.103(b)(1)(i)(c), ANSI Z48.1-1954--Method Remove the reference to The requirements in the
.110(b)(5)(iii), and .111(e)(1). of Marking Portable the ANSI standard and OSHA standard and the
Compressed Gas replace it with a cite consensus standard are
Containers to Identify to paragraph virtually identical.
the Material Contained (b)(1)(ii) of 1910.253. Paragraph 3.2 of the
(Section 3 specifies ANSI standard requires
the means for marking that, when practical,
gas cylinders). ``the marking shall be
1910.253(b)(1)(ii)..... at the valve end and
off the cylindrical
part of the body,''
while
1910.253(b)(1)(ii)
identifies the
shoulder as the
location for the
marking (when
practical); these
requirements describe
the same cylinder
location. Also,
paragraph 3.3 of the
ANSI standard
specifies the height
of the lettering;
1910.253(b)(1)(ii)
contains no specific
height requirements.
The Agency has
determined that the
ANSI provision is
unnecessary because
the OSHA standard
requires that the
markings be
``legible,'' which
ensures that employees
can accurately
identify the contents
of the cylinders.
1910.144(a)(1)(ii)................... ANSI A10.2-1944--Safety Remove the reference to The OSHA standard and
Code for Building the ANSI standard. the referenced
Construction consensus standard
(paragraph 1.6.2 have similar
addresses the use of requirements. The OSHA
red lights with standard requires that
barricades). red lights be provided
1910.144(a)(1)(ii)..... ``at barricades and at
temporary
obstructions,'' while
paragraph 1.6.2 of the
referenced ANSI
standard requires
employers to place red
lights or flares on or
about barricades after
dark. OSHA has
determined that
removing the reference
to the 60-year old
ANSI standard is
appropriate given the
requirements of
1910.144(a)(1)(ii) and
the usual and
customary practice of
the industry.
[[Page 71066]]
1910.243(d)(1)(i).................... ANSI A10.3-1970--Safety Remove the reference to The provisions in the
Requirements for the ANSI standard and OSHA standard and the
Explosive-Actuated replace it with a cite consensus standard are
Fastening Tools to the design identical, except that
(Section 3 specifies requirements specified paragraph (d)(2) of
design requirements). by 1910.243(d)(2). 1910.243 does not
1910.243(d)(2)......... contain provisions for
the construction of
high-velocity tools,
low-velocity piston
tools, and hammer-
operated piston tools
specified in ANSI
paragraphs 3.1.5,
3.2.5, and 3.3.5,
respectively--i.e.,
that these tools must
have adequate strength
to withstand the
stresses imposed by
any commercially
available load that
will chamber in the
tool. These provisions
do not relate directly
to guarding explosive-
actuated tools, which
is the purpose of the
OSHA standard.
Furthermore, OSHA
notes it is the usual
and customary practice
in the industry to
design tools with
adequate strength to
withstand the stresses
imposed by
commercially available
loads.
1910.253(b)(1)(ii)................... ANSI Z48.1-1954--Method Remove the reference to See the comments above
of Marking Portable the ANSI standard. under the entry for
Compressed Gas 1910.103(b)(1)(i)(c),
Containers to Identify .110(b)(5)(iii), and
the Material Contained. .111(e)(1).
1910.253(b)(1)(ii).....
1910.261(c)(15)(ii), (e)(4), ANSI A12.1-1967--Safety Remove the reference to The provisions in the
(g)(13)(i), (h)(1), (j)(4)(iii), Requirements for Floor the ANSI standards in OSHA standard and
(j)(5)(i), (k)(6), (k)(13)(i), and and Wall Openings, the OSHA standards and consensus standard are
(k)(15). Railings, and replace them with a identical.
Toeboards. cite to 1910.23.
1910.23................
----------------------------------------------------------------------------------------------------------------
The Agency believes that removing these consensus standards, or
replacing them with cross-references to other OSHA standards, will not
alter existing compliance obligations or reduce employee protection.
Employers need not alter their current practices as a result of this
rulemaking action, and employees will receive the same level of
protection they did prior to this rulemaking. The Agency welcomes
comment from the public regarding the effects this rulemaking may have
on employers' compliance obligations and employee protection.
B. Technical Amendment
In addition to the actions described above, OSHA is amending
paragraph (c)(1)(iv) of its spray-finishing standard at 29 CFR
1910.107. This paragraph incorrectly refers to the requirements for
powder-coating equipment in ``paragraph (c)(1) of this section.''
However, paragraph (l)(1) of 29 CFR 1910.107 specifies the requirements
for powder-coating equipment. With this amendment, 29 CFR
1910.107(c)(1)(iv) will identify the correct provision for regulating
powder-coating equipment.
C. Welding Definitions
In this direct final rule, OSHA also is removing the reference to
American Welding Society (``AWS'') standard A3.0-1969 (``Terms and
Definitions'') in paragraph (c) of 29 CFR 1910.251 (``Definitions'').
Paragraph 29 CFR 1910.251(c) states ``All other welding terms are used
in accordance with American Welding Society--Terms and Definitions--
A3.0-1969, which is incorporated by reference as specified in Sec.
1910.6.'' The purpose of the definitions is to assist employers and
employees in understanding the technical terms used in these OSHA
standards; sections 29 CFR 1910.252-255 specify the substantive
obligations for employers to follow when performing welding, cutting,
and brazing operations.
OSHA analyzed the terms defined in the 1969 AWS standard, as well
as the terms defined in the 2001 version of that standard. (OSHA placed
this analysis in the docket for this rulemaking as Ex. OSHA-2007-0040-
0002). Based on this analysis, the Agency determined that the terms
defined in the 1969 AWS standard that are found in OSHA's welding
standard are substantially similar to the definitions of these terms
found in the 2001 AWS standard. Furthermore, the welding terms used are
commonly understood in the industry. For example, some of the welding
terms used are such basic technical terms as ``arc welding,''
``electrode,'' ``flux,'' ``flash welding,'' ``lead burning,'' ``inert
gas,'' and ``oxygen cutting.'' After over 35 years of experience with
these terms, employers and employees performing welding, cutting, and
brazing operations understand their meaning when applying the
substantive requirements in 29 CFR 1910.252-1910.255. Continuing to
reference the 1969 AWS standard is unnecessary, and OSHA is removing it
from 29 CFR 1910.251. Employers and employees know the meaning of the
terms used in the OSHA standard, and requiring employers to obtain and
consult AWS 3.0-1969 places an unnecessary burden on them.
[[Page 71067]]
Removing the reference will not affect employers' substantive
obligations under 29 CFR part 1910, subpart Q, nor will it compromise
the safety of employees when they perform the welding, cutting, and
brazing operations regulated under 29 CFR 1910.252-1910.255. In fact,
removing the reference will bring the general industry standard in line
with the standards regulating welding, cutting, and heating operations
for the shipyard-employment industry (29 CFR part 1915, subpart D) and
welding and cutting operations for the construction industry (29 CFR
part 1926, subpart J). These standards do not define the technical
welding terms used. OSHA is not aware of any employee-protection
problems resulting from the absence of definitions in these standards.
The Agency invites the public to comment on its findings regarding
employers' obligations and employee safety.
IV. Procedural Determinations
A. 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 that ``requires conditions, or
the adoption or use of one or more practices, means, methods,
operations, or processes, reasonably necessary or appropriate to
provide safe or healthful employment or places of employment.'' 29
U.S.C. 652(8). A standard is reasonably necessary or appropriate within
the meaning of Section 652(8) when a significant risk of material harm
exists in the workplace and the standard would substantially reduce or
eliminate that workplace risk.
This direct final rule will not reduce the employee protections put
into place by the standards being amended. In fact, it will enhance
employee safety by eliminating confusing requirements and clarifying
employer obligations. Therefore, it is unnecessary to determine
significant risk, or the extent to which the rule would reduce that
risk, as typically would be required by Industrial Union Department,
AFL-CIO v. American Petroleum Institute, 448 U.S. 607 (1980).
B. Final Economic Analysis and Regulatory Flexibility Act Certification
This direct final rule is not economically significant within the
context of Executive Order (``E.O.'') 12866 (58 FR 51735) or a ``major
rule'' under Section 804 of the Small Business Regulatory Enforcement
Fairness Act of 1996 (``SBREFA''; 5 U.S.C. 804). The rule will impose
no additional costs on any private- or public-sector entity, and does
not meet any of the criteria for an economically significant rule or a
major rule specified by E.O. 12866 or the relevant statutes. (While not
economically significant, as part of OSHA's consensus standards update
project, this direct final rule is classified as a ``significant
regulatory action'' under E.O. 12866.)
This action simply (1) removes, or replaces with cross-references,
unnecessary references to consensus standards, and (2) removes a
reference to American Welding Society standard A3.0-1969 in OSHA's
general-industry welding standards. The rulemaking does not impose any
additional costs on employers. Therefore, OSHA certifies that it will
not have a significant impact on a substantial number of small
entities, and that the Agency does not have to prepare a regulatory
flexibility analysis for this rulemaking under the SBREFA (5 U.S.C. 601
et seq.).
C. OMB Review Under the Paperwork Reduction Act of 1995
The existing provisions of the OSHA standards addressed by this
direct final rule do not contain collection-of-information
requirements, nor do the amended provisions to the standards
implemented by this rulemaking contain collection-of-information
requirements. Therefore, this direct final rule does not impose remove
or revise any information-collection requirements for purposes of the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. and 5 CFR part
1320. Accordingly, the Agency does not have to prepare an Information
Collection Request in association with this rulemaking.
Members of the public who wish to comment on these determinations
must send their written comments to the Office of Information and
Regulatory Affairs, Attn: OSHA Desk Officer (RIN 1218-AC08), Office of
Management and Budget, Room 10235, 725 17th Street NW., Washington, DC
20503. The Agency encourages commenters to also submit their comments
to the rulemaking docket, along with their comments on other parts of
the direct final rule. For instructions on submitting these comments
and accessing the docket, see the sections of this Federal Register
notice titled DATES and ADDRESSES. However, no comment received on this
paperwork determination will be considered by the Agency to be a
``significant adverse comment'' as specified above under Section I
(``Direct Final Rulemaking'').
To make inquiries, or to request other information, contact Mr.
Todd Owen, Directorate of Standards and Guidance, OSHA, Room N-3609,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone (202) 693-2222.
D. Federalism
OSHA 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 Federal 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 clear constitutional authority
exists and the problem is national in scope. Executive Order 13132
provides for preemption of State law only with the expressed consent of
Congress. Any such preemption is to be limited to the extent possible.
Under Section 18 of the Occupational Safety and Health Act of 1970
(``OSH Act''; 29 U.S.C. 651 et seq.), Congress expressly provides for
the preemption of State laws when OSHA promulgates 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 State-Plan States must 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. In
States without OSHA-approved State Plans, Congress expressly provides
for OSHA standards to preempt State job safety and health rules in
areas addressed by OSHA standards; in these States, this direct final
rule limits State policy options in the same manner as all OSHA
standards. In States with OSHA-approved State Plans, this rulemaking
[[Page 71068]]
does not significantly limit State policy options.
E. State-Plan States
When Federal OSHA promulgates a new standard or more stringent
amendment to an existing standard, the 26 States and U.S. Territories
with their own OSHA-approved occupational safety and health plans
(``State-Plan States'') must amend their standards to reflect the new
standard or amendment, or show OSHA why such action is unnecessary,
e.g., because an existing State standard covering this area is ``at
least as effective'' as the new Federal standard or amendment. 29 CFR
1953.5(a). The State standard must be at least as effective as the
final Federal rule, must be applicable to both the private and public
(State and local government employees) sectors, and must be completed
within six months of the publication date of the final Federal rule.
When OSHA promulgates a new standard or amendment that does not impose
additional or more stringent requirements than an existing standard,
State-Plan States are not required to amend their standards, although
the Agency may encourage them to do so. The 26 States and U.S.
Territories with OSHA-approved occupational safety and health plans
are: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky,
Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina,
Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont,
Virginia, Washington, and Wyoming; Connecticut, New Jersey, New York,
and the Virgin Islands have OSHA-approved State Plans that apply to
State and local government employees only.
With regard to this direct final rule, it will not impose any
additional or more stringent requirements on employers compared to
existing OSHA standards. Through this rulemaking, the Agency is
removing several references to consensus standards that contain
requirements that also are expressly included in other OSHA standards.
The Agency also is removing a reference to an American Welding Society
standard. Therefore, States and Territories with approved State-Plans
do not need to adopt this rule or show OSHA why such action is
unnecessary. However, to the extent these States and Territories have
the same standards as the OSHA standards affected by this direct final
rule, OSHA encourages them to adopt the amendments.
F. Unfunded Mandates Reform Act
OSHA reviewed this direct final rule according to the Unfunded
Mandates Reform Act of 1995 (``UMRA''; 2 U.S.C. 1501 et seq.) and
Executive Order 12875 (58 FR 58093). As discussed above in Section IV.B
(``Economic Analysis and Regulatory Flexibility Certification'') of
this preamble, the Agency determined that this direct final rule
imposes no additional costs on any private- or public-sector entity.
Accordingly, this direct final rule requires no additional expenditures
by either public or private employers.
As noted above under Section IV.E (``State-Plan States''), the
Agency's standards do not apply to State and local governments except
in States that have elected voluntarily to adopt a State Plan approved
by the Agency. Consequently, this direct final rule does not meet the
definition of a ``Federal intergovernmental mandate'' (see Section
421(5) of the UMRA (2 U.S.C. 658(5))). Therefore, for the purposes of
the UMRA, the Agency certifies that this direct final rule does not
mandate that State, local, or tribal governments adopt new, unfunded
regulatory obligations, or increase expenditures by the private sector
of more than $100 million in any year.
List of Subjects for 29 CFR Part 1910
General industry, Health, Occupational safety and health, Safety,
Welding.
Authority and Signature
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, directed the preparation of this direct
final rule. The Agency is issuing this rule under 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 5-2007 (72 FR 31159), and 29 CFR part
1911.
Signed at Washington, DC, on Friday, December 7, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
V. Amendments to Standards
0
For the reasons stated in the preamble, OSHA is amending 29 CFR part
1910 to read as follows:
PART 1910--[AMENDED]
Subpart A--[Amended]
0
1. Revise the authority citation for subpart A of part 1910 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 5-2007 (72 FR 31159), as applicable.
Section 1910.6 also issued under 5 U.S.C. 553. Sections 1910.6,
1910.7, and 1910.8 also issued under 29 CFR Part 1911. Section
1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, 5 U.S.C.
553; Pub. L. 106-113 (113 Stat. 1501A-222); and OMB Circular A-25
(dated July 8, 1993) (58 FR 38142, July 15, 1993).
0
2. In Sec. 1910.6:
0
a. Remove and reserve paragraphs (e)(1), (e)(2), (e)(5), (e)(62), and
(e)(63), and (i)(1).; and
0
b. Revise paragraphs (e)(15), (e)(49), and (q)(3) to read as follows:
Sec. 1910.6 Incorporation by reference.
* * * * *
(e) * * *
(15) ANSI B7.1-70 Safety Code for the Use, Care and Protection of
Abrasive Wheels, IBR approved for Sec. Sec. 1910.215(b)(12) and
1910.218(j).
* * * * *
(49) ANSI Z9.1-51 Safety Code for Ventilation and Operation of Open
Surface Tanks, IBR approved for 1910.261(a)(3)(xix), (g)(18)(v), and
(h)(2)(i).
* * * * *
(q) * * *
(3) NFPA 33-1969 Standard for Spray Finishing Using Flammable and
Combustible Material, IBR approved for Sec. 1910.94(c)(2).
* * * * *
Subpart F--[Amended]
0
3-4. Revise the authority citation for subpart F of part 1910 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), or 5-2007 (72 FR 31159), as applicable;
and 29 CFR Part 1911.
0
5. Revise paragraphs (b)(4) and (b)(8)(ii) of Sec. 1910.68 to read as
follows:
Sec. 1910.68 Manlifts.
* * * * *
(b) * * *
(4) Reference to other codes and subparts. The following codes and
subparts of this part are applicable to this section: Safety Code for
Mechanical Power Transmission Apparatus, ANSI B15.1-1953 (R 1958);
Safety Code for Fixed Ladders, ANSI A14.3-1956; and subparts D, O, and
S. The preceding ANSI standards are incorporated by reference as
specified in Sec. 1910.6.
* * * * *
[[Page 71069]]
(8) * * *
(ii) Construction. The rails shall be standard guardrails with
toeboards meeting the provisions of Sec. 1910.23.
* * * * *
Subpart G--[Amended]
0
6. Revise the authority citation for subpart G of part 1910 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), or 5-2007 (72 FR
31159), as applicable; and 29 CFR Part 1911.
Section 1910.94 also issued under 5 U.S.C. 553.
0
7. Revise paragraphs (b)(5)(1)(a), (c)(1)(ii), (c)(3)(i) introductory
text, (c)(3)(i)(a), (c)(3)(iii) introductory text, (c)(3)(iii)(a),
(c)(5)(i) introductory text, and (c)(5)(iii)(e) of Sec. 1910.94 to
read as follows:
Sec. 1910.94 Ventilation.
* * * * *
(b) * * *
(5) * * *
(i)(a) It is the dual function of grinding and abrasive cutting-off
wheel hoods to protect the operator from the hazards of bursting
wheels, as well as to provide a means for the removal of dust and dirt
generated. All hoods shall be not less in structural strength than
specified in Tables O-1 and O-9 of Sec. 1910.215.
* * * * *
(c) * * *
(1) * * *
(ii) Spray booth. Spray booths are defined and described in Sec.
1910.107(a).
* * * * *
(3) * * *
(i) Spray booths shall be designed and constructed in accordance
with Sec. 1910.107(b)(1) through (b)(4) and (b)(6) through (b)(10).
For a more detailed discussion of fundamentals relating to this
subject, see ANSI Z9.2-1960, which is incorporated by reference as
specified in Sec. 1910.6.
(a) Lights, motors, electrical equipment, and other sources of
ignition shall conform to the requirements of Sec. 1910.107(b)(10) and
(c).
* * * * *
(iii) Baffles, distribution plates, and dry-type overspray
collectors shall conform to the requirements of Sec. 1910.107(b)(4)
and (b)(5).
(a) Overspray filters shall be installed and maintained in
accordance with the requirements of Sec. 1910.107(b)(5), and shall
only be in a location easily accessible for inspection, cleaning, or
replacement.
* * * * *
(5) * * *
(i) Ventilation shall be provided in accordance with provisions of
Sec. 1910.107(d), and in accordance with the following:
* * * * *
(iii) * * *
(e) Inspection or clean-out doors shall be provided for every 9 to
12 feet of running length for ducts up to 12 inches in diameter, but
the distance between cleanout doors may be greater for larger pipes. A
clean-out door or doors shall be provided for servicing the fan, and
where necessary, a drain shall be provided.
* * * * *
Subpart H--[Amended]
0
8. Revise the authority citation for subpart H of part 1910 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 5-2007 (72 FR 31159), as applicable; and 29 CFR part 1911.
Sections 1910.103, 1910.106 through 1910.111, and 1910.119,
1910.120, and 1910.122 through 1910.126 also issued under 29 CFR
part 1911.
Section 1910.119 also issued under Section 304, Clean Air Act
Amendments of 1990 (Pub. L. 101-549), reprinted at 29 U.S.C. 655
Note.
Section 1910.120 also issued under Section 126, Superfund
Amendments and Reauthorization Act of 1986 as amended (29 U.S.C. 655
Note), and 5 U.S.C. 553.
0
9. Revise paragraph (b)(1)(i)(C) of Sec. 1910.103 to read as follows:
Sec. 1910.103 Hydrogen.
* * * * *
(b) * * *
(1) * * *
(i) * * *
(c) Each portable container shall be legibly marked with the name
``Hydrogen'' in accordance with the marking requirements set forth in
Sec. 1910.253(b)(1)(ii). Each manifolded hydrogen supply unit shall be
legibly marked with the name ``Hydrogen'' or a legend such as ``This
unit contains hydrogen.''
* * * * *
0
10. Revise paragraph (c)(1)(iv) of Sec. 1910.107 to read as follows:
Sec. 1910.107 Spray finishing using flammable and combustible
materials.
* * * * *
(c) * * *
(1) * * *
* * * * *
(vi) Powder-coating equipment shall conform to the requirements of
paragraph (l)(1) of this section.
* * * * *
0
11. Amend paragraph (b)(5)(iii) of Sec. 1910.110 to read as follows:
Sec. 1910.110 Storage and handling of liquid petroleum gases.
* * * * *
(b) * * *
(5) * * *
(iii) When LP-Gas and one or more other gases are stored or used in
the same area, the containers shall be marked to identify their
content. Marking shall conform to the marking requirements set forth in
Sec. 1910.253(b)(1)(ii).
* * * * *
0
12. Revise paragraph (e)(1) of Sec. 1910.111 to read as follows:
Sec. 1910.111 Storage and handling of anhydrous ammonia.
* * * * *
(e) * * *
(1) Conformance. Cylinders shall comply with DOT specifications and
shall be maintained, filled, packaged, marked, labeled, and shipped to
comply with 49 CFR chapter I and the marking requirements set forth in
Sec. 1910.253(b)(1)(ii).
* * * * *
Subpart J--[Amended]
0
13. Revise the authority citation for subpart J of part 1910 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 5-2007 (72 FR 31159), as applicable.
Sections 1910.141, 1910.142, 1910.145, 1910.146, and 1910.147
also issued under 29 CFR part 1911.
0
14. Revise paragraph (a)(1)(ii) of Sec. 1910.144 to read as follows:
Sec. 1910.144 Safety color code for marking physical hazards.
(a) * * *
(1) * * *
(ii) Danger. Safety cans or other portable containers of flammable
liquids having a flash point at or below 80[deg] F, table containers of
flammable liquids (open cup tester), excluding shipping containers,
shall be painted red with some additional clearly visible
identification either in the form of a
[[Page 71070]]
yellow band around the can or the name of the contents conspicuously
stenciled or painted on the can in yellow. Red lights shall be provided
at barricades and at temporary obstructions. Danger signs shall be
painted red.
* * * * *
Subpart P--[Amended]
0
15. Revise the authority citation for subpart P of part 1910 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), or 5-2007 (72 FR 31159), as applicable;
29 CFR part 1911.
Section 1910.243 also issued under 29 CFR part 1910.
0
16. Revise paragraph (d)(1)(i) of Sec. 1910.243 to read as follows:
Sec. 1910.243 Guarding of portable powered tools.
* * * * *
(d) * * *
(1) * * *
(i) Explosive-actuated fastening tools that are actuated by
explosives or any similar means, and propel a stud, pin, fastener, or
other object for the purpose of affixing it by penetration to any other
object shall meet
