Asbestos Exposure Limit, 66171-66172 [E8-26440]
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Federal Register / Vol. 73, No. 217 / Friday, November 7, 2008 / Rules and Regulations
design feature, the special conditions
would apply to that model as well.
Conclusion
This action affects only certain novel
or unusual design features on the
previously identified airplane models. It
is not a rule of general applicability, and
it affects only the applicant who applied
to the FAA for approval of these features
on the airplane.
Under standard practice, the effective
date of final special conditions would
be 30 days after the date of publication
in the Federal Register; however, as the
certification date for these airplane
models, as modified by AmSafe
Aviation, is imminent, the FAA finds
that good cause exists to make these
amended special conditions effective
upon issuance.
List of Subjects in 14 CFR Part 23
Aircraft, Aviation safety, Signs and
symbols.
Citation
The authority citation for these
amended special conditions is as
follows:
■
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Authority: 49 U.S.C. 106(g), 40113 and
44701; 14 CFR 21.16 and 21.101; and 14 CFR
11.38 and 11.19.
The Amended Special Conditions
The FAA has determined that this
project will be accomplished on the
basis of not lowering the current level
of safety of the occupant restraint
system for the airplane models listed in
these special conditions. Accordingly,
the FAA is issuing the following
amended special conditions as part of
the type certification basis for these
models, as modified by AmSafe,
Aviation.
Inflatable Two-, Three-, Four-, or FivePoint Restraint Safety Belt with an
Integrated Airbag Device Installed in an
Airplane Model.
1a. It must be shown that the
inflatable restraint will provide restraint
protection under the emergency landing
conditions specified in the original
certification basis of the airplane.
Compliance will be demonstrated using
the static test conditions specified in the
original certification basis for each
airplane.
1b. It must be shown that the crash
sensor will trigger when exposed to a
rapidly applied deceleration, like an
actual emergency landing event.
Therefore, compliance may be
demonstrated using the deceleration
pulse specified in § 23.562, which may
be modified as follows:
I. The peak longitudinal deceleration may
be reduced; however, the onset rate of the
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16:21 Nov 06, 2008
Jkt 217001
deceleration must be equal to or greater than
the emergency landing pulse identified in
§ 23.562.
II. The peak longitudinal deceleration must
be above the deployment threshold of the
sensor, and equal or greater than the forward
static design longitudinal load factor required
by the original certification basis of the
airplane.
2. The inflatable restraint must
provide adequate protection for each
occupant. In addition, unoccupied seats
that have an active restraint must not
constitute a hazard to any occupant.
3. The design must prevent the
inflatable restraint from being
incorrectly buckled and/or incorrectly
installed such that the airbag would not
properly deploy. Alternatively, it must
be shown that such deployment is not
hazardous to the occupant and will
provide the required protection.
4. It must be shown that the inflatable
restraint system is not susceptible to
inadvertent deployment as a result of
wear and tear or the inertial loads
resulting from in-flight or ground
maneuvers (including gusts and hard
landings) that are likely to be
experienced in service.
5. It must be extremely improbable for
an inadvertent deployment of the
restraint system to occur, or an
inadvertent deployment must not
impede the pilot’s ability to maintain
control of the airplane or cause an
unsafe condition (or hazard to the
airplane). In addition, a deployed
inflatable restraint must be at least as
strong as a Technical Standard Order
(C22g or C114) restraint.
6. It must be shown that deployment
of the inflatable restraint system is not
hazardous to the occupant or will not
result in injuries that could impede
rapid egress. This assessment should
include occupants whose restraints are
loosely fastened.
7. It must be shown that an
inadvertent deployment that could
cause injury to a sitting person is
improbable. In addition, the restraint
must also provide suitable visual
warnings that would alert rescue
personnel to the presence of an
inflatable restraint system.
8. It must be shown that the inflatable
restraint will not impede rapid egress of
the occupants 10 seconds after its
deployment.
9. For the purposes of complying with
HIRF and lightning requirements, the
inflatable restraint system is considered
a critical system since its deployment
could have a hazardous effect on the
airplane.
10. It must be shown that the
inflatable restraints will not release
hazardous quantities of gas or
particulate matter into the cabin.
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66171
11. The inflatable restraint system
installation must be protected from the
effects of fire such that no hazard to
occupants will result.
12. There must be a means to verify
the integrity of the inflatable restraint
activation system before each flight or it
must be demonstrated to reliably
operate between inspection intervals.
13. A life limit must be established for
appropriate system components.
14. Qualification testing of the
internal firing mechanism must be
performed at vibration levels
appropriate for a general aviation
airplane.
Issued in Kansas City, Missouri on October
31, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–26663 Filed 11–6–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Part 102
[CBP Dec. 08–42]
Technical Corrections Relating to the
Rules of Origin for Goods Imported
Under the NAFTA and for Textile and
Apparel Products
Correction
In rule document E8–25734 beginning
on page 64518 in the issue of Thursday,
October 30, 2008, make the following
correction:
§102.21
[Corrected]
On page 64539, in §102.21, in the
table, in the first column, in the
firstentry, ‘‘6209.20.1000....’’should read
‘‘6209.20.1000–’’.
[FR Doc. Z8–25734 Filed 11–6–08; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 56, 57, and 71
RIN 1219–AB24
Asbestos Exposure Limit
Mine Safety and Health
Administration, Labor.
ACTION: Final rule, technical
amendment.
AGENCY:
E:\FR\FM\07NOR1.SGM
07NOR1
66172
Federal Register / Vol. 73, No. 217 / Friday, November 7, 2008 / Rules and Regulations
SUMMARY: The Mine Safety and Health
Administration (MSHA) is amending
and clarifying its existing health
standards for asbestos exposure. The
amendments make no substantive
change to the existing standards,
MSHA’s enforcement of the standards,
or the protection afforded miners under
the standards.
DATES: This technical amendment is
effective November 7, 2008.
FOR FURTHER INFORMATION CONTACT:
Patricia W. Silvey at
silvey.patricia@dol.gov (e-mail), 202–
693–9440 (Voice), or 202–693–9441
(Fax).
MSHA
published a final rule amending its
health standards for asbestos exposure
at metal and nonmetal mines, surface
coal mines, and surface areas of
underground coal mines on February
29, 2008 (73 FR 11284). The rule
became effective on April 29, 2008. To
assure that the mining community fully
understands MSHA’s intent with
respect to certain provisions of the
existing standards, the Agency is issuing
this technical amendment. This
technical amendment clarifies MSHA’s
definition of asbestos and analytical
methods the Agency uses to enforce the
existing asbestos exposure limit. As
stated above, these clarifications do not
change any substantive requirements
and reflect MSHA’s intent as explained
in the preamble to the final rule issued
on February 29, 2008.
SUPPLEMENTARY INFORMATION:
List of Subjects
30 CFR Parts 56 and 57
adding a definition for asbestos fiber,
and revising paragraph (b)(3) to read as
follows:
§ 56.5001 Exposure limits for airborne
contaminants.
*
*
*
*
*
(b) Asbestos standard—(1)
Definitions. Asbestos is a generic term
for a number of asbestiform hydrated
silicates that, when crushed or
processed, separate into flexible fibers
made up of fibrils.
*
*
*
*
*
Asbestos fiber means a fiber of
asbestos that meets the criteria of a fiber.
*
*
*
*
*
(3) Measurement of airborne asbestos
fiber concentration. Potential asbestos
fiber concentration shall be determined
by phase contrast microscopy (PCM)
using the OSHA Reference Method in
OSHA’s asbestos standard found in 29
CFR 1910.1001, Appendix A, or a
method at least equivalent to that
method in identifying a potential
asbestos exposure exceeding the 0.1 f/cc
full-shift limit or the 1 f/cc excursion
limit. When PCM results indicate a
potential exposure exceeding the 0.1
f/cc full-shift limit or the 1 f/cc
excursion limit, samples shall be further
analyzed using transmission electron
microscopy according to NIOSH Method
7402 or a method at least equivalent to
that method.
*
*
*
*
*
PART 57—SAFETY AND HEALTH
STANDARDS—UNDERGROUND
METAL AND NONMETAL MINES
3. The authority citation for part 57
continues to read as follows:
Air quality, Asbestos, Chemicals,
Hazardous substances, Metals, Mine
safety and health.
■
30 CFR Part 71
■
Authority: 30 U.S.C. 811.
Air quality, Asbestos, Chemicals, Coal
mining, Hazardous substances, Mine
safety and health.
Richard E. Stickler,
Acting Assistant Secretary for Mine Safety
and Health.
§ 57.5001 Exposure limits for airborne
contaminants.
For the reasons set out in the
preamble, MSHA is amending title 30 of
the Code of Federal Regulations as
follows.
■
pwalker on PROD1PC71 with RULES
PART 56—SAFETY AND HEALTH
STANDARDS—SURFACE METAL AND
NONMETAL MINES
1. The authority citation for part 56
continues to read as follows:
■
Authority: 30 U.S.C. 811.
2. Amend § 56.5001 by revising the
introductory text of paragraph (b)(1),
■
VerDate Aug<31>2005
16:21 Nov 06, 2008
Jkt 217001
4. Amend § 57.5001 by revising the
introductory text of paragraph (b)(1),
adding a definition for asbestos fiber,
and revising paragraph (b)(3) to read as
follows:
*
*
*
*
*
(b) Asbestos standard—(1)
Definitions. Asbestos is a generic term
for a number of asbestiform hydrated
silicates that, when crushed or
processed, separate into flexible fibers
made up of fibrils.
*
*
*
*
*
Asbestos fiber means a fiber of
asbestos that meets the criteria of a fiber.
*
*
*
*
*
(3) Measurement of airborne asbestos
fiber concentration. Potential asbestos
fiber concentration shall be determined
by phase contrast microscopy (PCM)
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
using the OSHA Reference Method in
OSHA’s asbestos standard found in 29
CFR 1910.1001, Appendix A, or a
method at least equivalent to that
method in identifying a potential
asbestos exposure exceeding the 0.1 f/cc
full-shift limit or the 1 f/cc excursion
limit. When PCM results indicate a
potential exposure exceeding the 0.1
f/cc full-shift limit or the 1 f/cc
excursion limit, samples shall be further
analyzed using transmission electron
microscopy according to NIOSH Method
7402 or a method at least equivalent to
that method.
*
*
*
*
*
PART 71—MANDATORY HEALTH
STANDARDS—SURFACE COAL MINES
AND SURFACE WORK AREAS OF
UNDERGROUND COAL MINES
5. The authority citation for part 71
continues to read as follows:
■
Authority: 30 U.S.C. 811, 951, 957.
6. Amend § 71.702 by revising the
introductory text of paragraph (a),
adding a definition for asbestos fiber,
and revising paragraph (c) to read as
follows:
■
§ 71.702
Asbestos standard.
(a) Definitions. Asbestos is a generic
term for a number of asbestiform
hydrated silicates that, when crushed or
processed, separate into flexible fibers
made up of fibrils.
*
*
*
*
*
Asbestos fiber means a fiber of
asbestos that meets the criteria of a fiber.
*
*
*
*
*
(c) Measurement of airborne asbestos
fiber concentration. Potential asbestos
fiber concentration shall be determined
by phase contrast microscopy (PCM)
using the OSHA Reference Method in
OSHA’s asbestos standard found in 29
CFR 1910.1001, Appendix A, or a
method at least equivalent to that
method in identifying a potential
asbestos exposure exceeding the 0.1
f/cc full-shift limit or the 1 f/cc
excursion limit. When PCM results
indicate a potential exposure exceeding
the 0.1 f/cc full-shift limit or the 1 f/cc
excursion limit, samples shall be further
analyzed using transmission electron
microscopy according to NIOSH Method
7402 or a method at least equivalent to
that method.
[FR Doc. E8–26440 Filed 11–6–08; 8:45 am]
BILLING CODE 4510–43–P
E:\FR\FM\07NOR1.SGM
07NOR1
Agencies
[Federal Register Volume 73, Number 217 (Friday, November 7, 2008)]
[Rules and Regulations]
[Pages 66171-66172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26440]
=======================================================================
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 56, 57, and 71
RIN 1219-AB24
Asbestos Exposure Limit
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Final rule, technical amendment.
-----------------------------------------------------------------------
[[Page 66172]]
SUMMARY: The Mine Safety and Health Administration (MSHA) is amending
and clarifying its existing health standards for asbestos exposure. The
amendments make no substantive change to the existing standards, MSHA's
enforcement of the standards, or the protection afforded miners under
the standards.
DATES: This technical amendment is effective November 7, 2008.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey at
silvey.patricia@dol.gov (e-mail), 202-693-9440 (Voice), or 202-693-9441
(Fax).
SUPPLEMENTARY INFORMATION: MSHA published a final rule amending its
health standards for asbestos exposure at metal and nonmetal mines,
surface coal mines, and surface areas of underground coal mines on
February 29, 2008 (73 FR 11284). The rule became effective on April 29,
2008. To assure that the mining community fully understands MSHA's
intent with respect to certain provisions of the existing standards,
the Agency is issuing this technical amendment. This technical
amendment clarifies MSHA's definition of asbestos and analytical
methods the Agency uses to enforce the existing asbestos exposure
limit. As stated above, these clarifications do not change any
substantive requirements and reflect MSHA's intent as explained in the
preamble to the final rule issued on February 29, 2008.
List of Subjects
30 CFR Parts 56 and 57
Air quality, Asbestos, Chemicals, Hazardous substances, Metals,
Mine safety and health.
30 CFR Part 71
Air quality, Asbestos, Chemicals, Coal mining, Hazardous
substances, Mine safety and health.
Richard E. Stickler,
Acting Assistant Secretary for Mine Safety and Health.
0
For the reasons set out in the preamble, MSHA is amending title 30 of
the Code of Federal Regulations as follows.
PART 56--SAFETY AND HEALTH STANDARDS--SURFACE METAL AND NONMETAL
MINES
0
1. The authority citation for part 56 continues to read as follows:
Authority: 30 U.S.C. 811.
0
2. Amend Sec. 56.5001 by revising the introductory text of paragraph
(b)(1), adding a definition for asbestos fiber, and revising paragraph
(b)(3) to read as follows:
Sec. 56.5001 Exposure limits for airborne contaminants.
* * * * *
(b) Asbestos standard--(1) Definitions. Asbestos is a generic term
for a number of asbestiform hydrated silicates that, when crushed or
processed, separate into flexible fibers made up of fibrils.
* * * * *
Asbestos fiber means a fiber of asbestos that meets the criteria of
a fiber.
* * * * *
(3) Measurement of airborne asbestos fiber concentration. Potential
asbestos fiber concentration shall be determined by phase contrast
microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos
standard found in 29 CFR 1910.1001, Appendix A, or a method at least
equivalent to that method in identifying a potential asbestos exposure
exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit.
When PCM results indicate a potential exposure exceeding the 0.1 f/cc
full-shift limit or the 1 f/cc excursion limit, samples shall be
further analyzed using transmission electron microscopy according to
NIOSH Method 7402 or a method at least equivalent to that method.
* * * * *
PART 57--SAFETY AND HEALTH STANDARDS--UNDERGROUND METAL AND
NONMETAL MINES
0
3. The authority citation for part 57 continues to read as follows:
Authority: 30 U.S.C. 811.
0
4. Amend Sec. 57.5001 by revising the introductory text of paragraph
(b)(1), adding a definition for asbestos fiber, and revising paragraph
(b)(3) to read as follows:
Sec. 57.5001 Exposure limits for airborne contaminants.
* * * * *
(b) Asbestos standard--(1) Definitions. Asbestos is a generic term
for a number of asbestiform hydrated silicates that, when crushed or
processed, separate into flexible fibers made up of fibrils.
* * * * *
Asbestos fiber means a fiber of asbestos that meets the criteria of
a fiber.
* * * * *
(3) Measurement of airborne asbestos fiber concentration. Potential
asbestos fiber concentration shall be determined by phase contrast
microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos
standard found in 29 CFR 1910.1001, Appendix A, or a method at least
equivalent to that method in identifying a potential asbestos exposure
exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit.
When PCM results indicate a potential exposure exceeding the 0.1 f/cc
full-shift limit or the 1 f/cc excursion limit, samples shall be
further analyzed using transmission electron microscopy according to
NIOSH Method 7402 or a method at least equivalent to that method.
* * * * *
PART 71--MANDATORY HEALTH STANDARDS--SURFACE COAL MINES AND SURFACE
WORK AREAS OF UNDERGROUND COAL MINES
0
5. The authority citation for part 71 continues to read as follows:
Authority: 30 U.S.C. 811, 951, 957.
0
6. Amend Sec. 71.702 by revising the introductory text of paragraph
(a), adding a definition for asbestos fiber, and revising paragraph (c)
to read as follows:
Sec. 71.702 Asbestos standard.
(a) Definitions. Asbestos is a generic term for a number of
asbestiform hydrated silicates that, when crushed or processed,
separate into flexible fibers made up of fibrils.
* * * * *
Asbestos fiber means a fiber of asbestos that meets the criteria of
a fiber.
* * * * *
(c) Measurement of airborne asbestos fiber concentration. Potential
asbestos fiber concentration shall be determined by phase contrast
microscopy (PCM) using the OSHA Reference Method in OSHA's asbestos
standard found in 29 CFR 1910.1001, Appendix A, or a method at least
equivalent to that method in identifying a potential asbestos exposure
exceeding the 0.1 f/cc full-shift limit or the 1 f/cc excursion limit.
When PCM results indicate a potential exposure exceeding the 0.1 f/cc
full-shift limit or the 1 f/cc excursion limit, samples shall be
further analyzed using transmission electron microscopy according to
NIOSH Method 7402 or a method at least equivalent to that method.
[FR Doc. E8-26440 Filed 11-6-08; 8:45 am]
BILLING CODE 4510-43-P