Maritime Advisory Committee for Occupational Safety and Health (MACOSH), 34795-34796 [E9-17022]

Download as PDF Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices the device to the highest possible escape point. (b) Operating instructions. The employers must ensure that written instructions for operating the emergency-escape device are attached to the device. (c) Training. The employers must instruct each worker who uses a personnel cage for transportation on how to operate the emergency-escape device: (i) Before the worker uses a personnel cage for transportation; and (ii) Periodically, and as necessary, thereafter. mstockstill on DSKH9S0YB1PROD with NOTICES 14. Personnel Platforms (a) Personnel platforms. When the employers elect to replace the personnel cage with a personnel platform in accordance with Condition 2(a) of this variance, they must: (i) Ensure that an enclosure surrounds the platform, and that this enclosure is at least 42 inches (106.7 cm) above the platform’s floor; (ii) Provide overhead protection when an overhead hazard is, or could be, present; and (iii) Comply with the applicable scaffolding strength requirements specified by 29 CFR 1926.451(a)(1). 15. Protecting Workers From Fall and Shearing Hazards (a) Fall hazards. The employers must: (i) Before workers use personnel cages, personnel platforms, or boatswain’s chairs, equip the workers with, and ensure that they use, personal fall-arrest systems that meet the requirements of 29 CFR 1926.502(d); (ii) Ensure that workers using personnel cages secure their fall-arrest systems to attachment points located inside the cage; (iii) Ensure that workers using personnel platforms and boatswain’s chairs secure their personal fall-arrest systems to a vertical lifeline; and (iv) When using vertical lifelines: (A) Secure the lifelines to the top of the chimney; (B) Weight the lifelines properly or suitably affix the lifelines to the bottom of the chimney; and (C) Ensure that workers remain attached to their lifeline during the entire period of vertical transit. (b) Shearing hazards. The employers must: (i) Provide workers who use personnel platforms or boatswain’s chairs with instruction on the shearing hazards posed by the hoist system (e.g., work platforms, scaffolds), and the need to keep their limbs or other body parts clear of these hazards during hoisting operations; VerDate Nov<24>2008 19:20 Jul 16, 2009 Jkt 217001 (ii) Provide the instruction on shearing and struck-by hazards: (A) Before a worker uses a personnel platform or boatswain’s chair at the worksite; and (B) Periodically, and as necessary, thereafter, including whenever a worker demonstrates a lack of knowledge about the hazards or how to avoid the hazards, a modification occurs to an existing shearing or struck-by hazard, or a new shearing or struck-by hazard develops at the worksite; and (iii) Attach a readily visible warning to each personnel platform and boatswain’s chair notifying workers in a language they understand of potential shearing hazards they may encounter during hoisting operations, and that uses the following (or equivalent) wording: (A) For personnel platforms: ‘‘Warning—To avoid serious injury, keep your hands, arms, feet, legs, and other parts of your body inside this platform while it is in motion’’; and (B) For boatswain’s chairs: ‘‘Warning—To avoid serious injury, do not extend your hands, arms, feet, legs, or other parts of your body from the side or to the front of this chair while it is in motion.’’ 16. Safety Zone The employers must: (a) Establish a clearly designated safety zone around the bottom landing of the hoist system; and (b) Prohibit any worker from entering the safety zone except to access a personnel- or material-transport device, and then only when the device is at the bottom landing and not in operation (i.e., when the drive components of the hoist machine are disengaged and the braking mechanism is properly applied). 17. Inspections, Tests and Accident Prevention (a) The employers must: (i) Conduct inspections of the hoist system as required by 29 CFR 1926.20(b)(2); (ii) Ensure that a competent person conducts daily visual inspections of the hoist system; and (iii) Inspect and test the hoist system as specified by 29 CFR 1926.552(c)(15). (b) The employers must comply with the accident-prevention requirements of 29 CFR 1926.20(b)(3). 18. Welding (a) The employers must use only qualified welders to weld components of the hoisting system. (b) The employers must ensure that the qualified welders: PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 34795 (i) Are familiar with the weld grades, types, and materials specified in the design of the system; and (ii) Perform the welding tasks in accordance with 29 CFR 1926, subpart J (‘‘Welding and Cutting’’). 19. OSHA Notification (a) At least 15 calendar days prior to commencing any chimney-construction operation using the conditions specified herein, the employers must notify the OSHA Area Office nearest to the worksite of the operation, including the location of the operation and the date that the operation will commence. (b) Each employer must inform OSHA national headquarters as soon as it has knowledge that it will: (i) Cease to do business; or (ii) Transfer the activities covered by this permanent variance to a successor company. VII. Authority and Signature Jordan Barab, Acting Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Ave., NW., Washington, DC directed the preparation of this notice. OSHA is issuing this notice under the authority specified by Section 6(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), Secretary of Labor’s Order No. 5–2007 (72 FR 31160), and 29 CFR part 1905. Signed at Washington, DC, on July 14, 2009. Jordan Barab, Acting Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E9–17023 Filed 7–16–09; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF LABOR Occupational Safety and Health Administration Maritime Advisory Committee for Occupational Safety and Health (MACOSH) AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: MACOSH meeting, notice of. SUMMARY: The Maritime Advisory Committee for Occupational Safety and Health (MACOSH) was established under Section 7 of the Occupational Safety and Health (OSH) Act of 1970 to advise the Assistant Secretary of Labor for Occupational Safety and Health on issues relating to occupational safety and health in the maritime industries. The purpose of this Federal Register E:\FR\FM\17JYN1.SGM 17JYN1 34796 Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices notice is to announce the Committee and workgroup meetings scheduled for September 1–2, 2009. DATES: The Shipyard and Longshore workgroups will meet on Tuesday, September 1, 2009, 8 a.m. to 4:30 p.m., and the Committee will meet on Wednesday, September 2, 2009, from 8 a.m. to 4:30 p.m. ADDRESSES: The Committee and workgroups will meet at the Newport News Marriott Hotel, 740 Town Center Drive, Newport News, VA 23606 ((757) 873–9299). Mail comments, views, or statements in response to this notice to Danielle Watson, Office of Maritime, OSHA, U.S. Department of Labor, Room N–3609, 200 Constitution Avenue, NW., Washington, DC 20210; phone (202) 693–1870; fax (202) 693–1663. FOR FURTHER INFORMATION CONTACT: For general information about MACOSH and this meeting, contact: Amy Wangdahl, Acting Director, Office of Maritime, OSHA, U.S. Department of Labor, Room N–3609, 200 Constitution Avenue, NW., Washington, DC 20210; phone: (202) 693–2066. Individuals with disabilities wishing to attend the meeting should contact Danielle Watson at (202) 693–1870 no later than August 18, 2009, to obtain appropriate accommodations. All MACOSH meetings are open to the public. All interested persons are invited to attend the MACOSH meeting at the time and location listed above. The MACOSH agenda will include: An OSHA activities update; a review of the minutes from the previous meeting; and reports from each workgroup. MACOSH may also discuss the following topics based on the workgroup reports: Surface preparation (29 CFR 1915 subpart C, Painting and Coatings); Safety and Health Injury Prevention Sheets (SHIPS) rigging guidance document; arc flash guidance; commercial fishing industry quick cards; injury and fatality data initiative; activities related to shipyard employment; scaffolding and falls (29 CFR 1915 subpart E); welding guidance; break bulk cargo safety guidance; safety zone guidance; speed limits in marine terminals; and defective containers. Public Participation: Written data, views, or comments for consideration by MACOSH on the various agenda items listed above should be submitted to Danielle Watson at the address listed above. Submissions received by August 18, 2009, will be provided to Committee members and will be included in the record of the meeting. Requests to make oral presentations to the Committee may be granted as time permits. mstockstill on DSKH9S0YB1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 19:20 Jul 16, 2009 Jkt 217001 Authority: This notice was prepared under the direction of Jordan Barab, Acting Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210, pursuant to Sections 6(b)(1) and 7(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655, 656), the Federal Advisory Committee Act (5 U.S.C. App. 2), Secretary of Labor’s Order 5–2007 (72 FR 31160), and 29 CFR part 1912. Signed at Washington, DC, this 14th day of July, 2009. Jordan Barab, Acting Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E9–17022 Filed 7–16–09; 8:45 am] BILLING CODE 4510–26–P LIBRARY OF CONGRESS Copyright Office Notification of Agreements Under the Webcaster Settlement Act of 2009 AGENCY: Copyright Office, Library of Congress. ACTION: Notice of agreement. SUMMARY: The Copyright Office is publishing an agreement which sets rates and terms for the reproduction and performance of sound recordings made by certain specified webcasters, under two statutory licenses. Webcasters who meet the eligibility requirements may choose to operate under the statutory licenses in accordance with the rates and terms set forth in the agreement published herein rather than the rates and terms of any determination by the Copyright Royalty Judges. FOR FURTHER INFORMATION CONTACT: Stephen Ruwe, Attorney Advisor, or Tanya M. Sandros, Deputy General Counsel, Copyright Office, GC/I&R, P.O. Box 70400, Washington, DC 20024. Telephone: (202) 707–8380. Telefax: (202) 707–8366. See the final paragraph of the SUPPLEMENTARY INFORMATION for information on where to direct questions regarding the rates and terms set forth in the agreement. On June 30, 2009, President Obama signed into law the Webcaster Settlement Act of 2009 (‘‘WSA’’), Pub. L. No. 111–36, which amends section 114 of the Copyright Act, title 17 of the United States Code, as it relates to webcasters. Section 114(f)(5) as amended by the WSA allows SoundExchange, the Receiving Agent designated by the Librarian of Congress in his June 20, 2002, order for collecting royalty payments made by eligible SUPPLEMENTARY INFORMATION: PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 nonsubscription transmission services under the section 112 and section 114 statutory licenses, see 67 FR 45239 (July 8, 2002), to enter into agreements on behalf of all copyright owners and performers to set rates, terms and conditions for webcasters operating under the section 112 and section 114 statutory licenses for a period of not more than 11 years beginning on January 1, 2005. The authority to enter into such settlement agreements shall expire at 11:59 p.m. Eastern time on the 30th day after the enactment of the WSA. Unless otherwise agreed to by the parties, the rates and terms set forth in the agreement apply only to the time periods specified in the agreement and have no precedential value in any proceeding concerned with the setting of rates and terms for the public performance or reproduction in ephemeral phonorecords. To make this point clear, Congress included language expressly addressing the precedential value of agreements made under the WSA. Specifically, section 114(f)(5)(C), states that: ‘‘Neither subparagraph (A) nor any provisions of any agreement entered into pursuant to subparagraph (A), including any rate structure, fees, terms, conditions, or notice and recordkeeping requirements set forth therein, shall be admissible as evidence or otherwise taken into account in any administrative, judicial, or other government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral recordings or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice and recordkeeping requirements by the Copyright Royalty Judges under paragraph (4) or section 112(e)(4). It is the intent of Congress that any royalty rates, rate structure, definitions, terms, conditions, or notice and recordkeeping requirements, included in such agreements shall be considered as a compromise motivated by the unique business, economic and political circumstances of webcasters, copyright owners, and performers rather than as matters that would have been negotiated in the marketplace between a willing buyer and a willing seller, or otherwise meet the objectives set forth in section 801(b). This subparagraph shall not apply to the extent that the receiving agent and a webcaster that are party to an agreement entered into pursuant to subparagraph (A) expressly authorize the submission of the agreement in a proceeding under this subsection.’’ 17 U.S.C. 114(f)(5)(C) (2009). E:\FR\FM\17JYN1.SGM 17JYN1

Agencies

[Federal Register Volume 74, Number 136 (Friday, July 17, 2009)]
[Notices]
[Pages 34795-34796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17022]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Maritime Advisory Committee for Occupational Safety and Health 
(MACOSH)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: MACOSH meeting, notice of.

-----------------------------------------------------------------------

SUMMARY: The Maritime Advisory Committee for Occupational Safety and 
Health (MACOSH) was established under Section 7 of the Occupational 
Safety and Health (OSH) Act of 1970 to advise the Assistant Secretary 
of Labor for Occupational Safety and Health on issues relating to 
occupational safety and health in the maritime industries. The purpose 
of this Federal Register

[[Page 34796]]

notice is to announce the Committee and workgroup meetings scheduled 
for September 1-2, 2009.

DATES: The Shipyard and Longshore workgroups will meet on Tuesday, 
September 1, 2009, 8 a.m. to 4:30 p.m., and the Committee will meet on 
Wednesday, September 2, 2009, from 8 a.m. to 4:30 p.m.

ADDRESSES: The Committee and workgroups will meet at the Newport News 
Marriott Hotel, 740 Town Center Drive, Newport News, VA 23606 ((757) 
873-9299). Mail comments, views, or statements in response to this 
notice to Danielle Watson, Office of Maritime, OSHA, U.S. Department of 
Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; 
phone (202) 693-1870; fax (202) 693-1663.

FOR FURTHER INFORMATION CONTACT: For general information about MACOSH 
and this meeting, contact: Amy Wangdahl, Acting Director, Office of 
Maritime, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution 
Avenue, NW., Washington, DC 20210; phone: (202) 693-2066. Individuals 
with disabilities wishing to attend the meeting should contact Danielle 
Watson at (202) 693-1870 no later than August 18, 2009, to obtain 
appropriate accommodations.

SUPPLEMENTARY INFORMATION: All MACOSH meetings are open to the public. 
All interested persons are invited to attend the MACOSH meeting at the 
time and location listed above. The MACOSH agenda will include: An OSHA 
activities update; a review of the minutes from the previous meeting; 
and reports from each workgroup. MACOSH may also discuss the following 
topics based on the workgroup reports: Surface preparation (29 CFR 1915 
subpart C, Painting and Coatings); Safety and Health Injury Prevention 
Sheets (SHIPS) rigging guidance document; arc flash guidance; 
commercial fishing industry quick cards; injury and fatality data 
initiative; activities related to shipyard employment; scaffolding and 
falls (29 CFR 1915 subpart E); welding guidance; break bulk cargo 
safety guidance; safety zone guidance; speed limits in marine 
terminals; and defective containers.
    Public Participation: Written data, views, or comments for 
consideration by MACOSH on the various agenda items listed above should 
be submitted to Danielle Watson at the address listed above. 
Submissions received by August 18, 2009, will be provided to Committee 
members and will be included in the record of the meeting. Requests to 
make oral presentations to the Committee may be granted as time 
permits.

    Authority:  This notice was prepared under the direction of 
Jordan Barab, Acting Assistant Secretary of Labor for Occupational 
Safety and Health, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210, pursuant to Sections 6(b)(1) and 
7(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
655, 656), the Federal Advisory Committee Act (5 U.S.C. App. 2), 
Secretary of Labor's Order 5-2007 (72 FR 31160), and 29 CFR part 
1912.

    Signed at Washington, DC, this 14th day of July, 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-17022 Filed 7-16-09; 8:45 am]
BILLING CODE 4510-26-P
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