Revising Standards Referenced in the Acetylene Standard, 75782-75786 [2011-30653]

Agencies

• DEPARTMENT OF LABOR
• Occupational Safety and Health Administration

[Federal Register Volume 76, Number 233 (Monday, December 5, 2011)]
[Rules and Regulations]
[Pages 75782-75786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30653]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. OSHA-2011-0183]
RIN 1218-AC64


Revising Standards Referenced in the Acetylene Standard

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

ACTION: Direct final rule; request for comments.

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

SUMMARY: In this direct final rule, the Agency is revising its 
Acetylene Standard for general industry by updating a reference to a 
standard published by a standards-developing organization (``SDO 
standards''). This rulemaking is a continuation of OSHA's ongoing 
effort to update references to SDO standards used throughout its rules.

DATES: This direct final rule will become effective on March 5, 2012 
unless OSHA receives significant adverse comment by January 4, 2012. If 
OSHA receives adverse comment, it will publish a timely withdrawal of 
the rule in the Federal Register. Submit comments to this direct final 
rule (including comments to the information-collection (paperwork) 
determination described under the section titled Procedural 
Determinations), hearing requests, and other information by January 4, 
2012. All submissions must bear a postmark or provide other evidence of 
the submission date. (The following section titled ADDRESSES describes 
methods available for making submissions.)
    The Director of the Federal Register approved the incorporation by 
reference of specific publications listed in this direct final rule as 
of March 5, 2012.

ADDRESSES: Submit comments, hearing requests, and other information as 
follows:
     Electronic: Submit comments 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; OSHA does not require hard copies of these documents. Instead 
of transmitting facsimile copies of attachments that supplement these 
documents (e.g., studies, journal articles), commenters must submit 
these attachments 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 (OSHA-2011-0183) so 
that the Agency can attach them to the appropriate document.
     Regular mail, express delivery, hand (courier) delivery, 
and messenger service: Submit comments and any additional material 
(e.g., studies, journal articles) to the OSHA Docket Office, Docket No. 
OSHA-2011-0183 or Regulation Identification Number (RIN) 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 
procedures 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 (OSHA-2011-0183). OSHA will place comments 
and other material, including any personal information, in the public 
docket without revision, and these materials will be available online 
at https://

[[Page 75783]]

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.
     Docket: The electronic docket for this direct final rule 
established at https://www.regulations.gov lists most of the documents 
in the docket. 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: Press inquiries: Contact Frank 
Meilinger, OSHA Office of Communications, Room N-3647, U.S. Department 
of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone: 
(202) 693-1999.
    General and technical information: 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) 693-2255; fax: (202) 693-1663.

SUPPLEMENTARY INFORMATION:
    Copies of this Federal Register notice: Electronic copies of this 
Federal Register notice are available at https://www.regulations.gov. 
This notice, as well as news releases and other relevant information, 
also are available at OSHA's Web page at https://www.osha.gov.
    Availability of Incorporated Standards: OSHA is incorporating by 
reference into this section the standard published by the Compressed 
Gas Association required in Sec.  1910.102(a) with the approval of the 
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 
51. To enforce any edition other than the editions specified in Sec.  
1910.102(a), OSHA must publish a notice of change in the Federal 
Register, and the material must be available to the public. All 
approved material is available for inspection at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, telephone (202) 741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, the material is available for inspection at any 
OSHA Regional Office or the OSHA Docket Office (U.S. Department of 
Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC 20210; 
telephone (202) 693-2350 (TTY number: (877) 889-5627)).

Table of Contents

I. Background
II. Direct Final Rulemaking
    A. General
    B. Relationship Between this Direct Final Rule and the Companion 
Proposed Rule
    C. Request for Comment
III. Summary and Explanation of Revisions to the Acetylene Standard
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 of 1995
    G. Public Participation
    V. Authority and Signature

I. Background

    This action is part of a rulemaking project instituted by the 
Occupational Safety and Health Administration (``OSHA'' or ``the 
Agency'') to update OSHA standards that reference or include language 
from outdated standards published by standards developing organizations 
(``SDO standards'') (69 FR 68283). A SDO standard referenced in OSHA's 
Acetylene Standard (29 CFR 1910.102) is among the SDO standards that 
the Agency identified for revision.
    OSHA adopted the original Acetylene Standard in 1974 pursuant to 
Section 6(a) of the Occupational Safety and Health Act of 1970 (OSH 
Act; 29 U.S.C. 651, 655). This section allowed OSHA, during the first 
two years after passage of the OSH Act, to adopt existing Federal and 
national consensus standards as OSHA safety and health standards, 
including the Acetylene Standard.
    On August 11, 2009, OSHA published a direct final rule (DFR) and 
accompanying notice of proposed rulemaking that updated references to 
recognize the latest edition of the Compressed Gas Association 
standard, CGA G-1-2003, in the Acetylene Standard. See 74 FR 40442 and 
74 FR 40450, respectively. OSHA received no adverse comments on the 
DFR, and it became effective on November 9, 2009. See 74 FR 57883.
    The Compressed Gas Association published a new edition of CGA G-1 
in June 2009. OSHA did not include CGA G-1-2009 in the DFR because that 
edition was not available to OSHA prior to publication of the DFR. 
However, three of the eight comments received on the DFR (Exs. OSHA-
2008-0034-0017, -0010, and -0022) recommended that the Agency reference 
CGA G-1-2009 instead. OSHA did not include the 2009 edition of CGA G-1 
in the DFR because that edition was not available to OSHA prior to 
publication of the DFR. This rulemaking is removing CGA G-1-2003 from 
the existing Acetylene Standard and replacing it with CGA G-1-2009.

II. Direct Final Rulemaking

A. General

    In a direct final rulemaking, an agency publishes a DFR in the 
Federal Register along with a statement that the rule will become 
effective unless the agency receives significant adverse comment within 
a specified period. An agency uses direct final rulemaking when it 
anticipates the rule will be non-controversial. The agency concurrently 
publishes a proposed rule that is essentially identical to the DFR. If, 
however, the agency receives significant adverse comment within the 
specified period, the agency withdraws the DFR and treats the comments 
as submissions on the proposed rule.
    OSHA is using a DFR for this rulemaking because it expects the rule 
to: be noncontroversial; provide protection to employees that is at 
least equivalent to the protection afforded to them by the outdated 
standard; and impose no significant new compliance costs on employers 
(69 FR 68283, 68285). OSHA used DFRs previously to update or, when 
appropriate, revoke references to outdated national SDO standards in 
OSHA rules (see, e.g., 69 FR 68283, 70 FR 76979, and 71 FR 80843).
    For purposes of this direct final rulemaking, a significant adverse 
comment is one that explains why the rule would be inappropriate, 
including challenges to the rule's underlying premise or approach. In 
determining whether a comment necessitates withdrawal of the DFR, OSHA 
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 an addition to the rule to be 
a significant adverse comment unless the comment states why the DFR 
would be ineffective without the addition. If OSHA receives a timely 
significant adverse comment, the Agency will publish a Federal Register 
notice withdrawing the DFR no later than February 3, 2012.
    OSHA determined that updating and replacing the SDO standard in the 
Acetylene Standard is appropriate for

[[Page 75784]]

direct final rulemaking. First, the revision made to the Acetylene 
Standard by this DFR does not compromise the safety of employees, and 
instead enhances employee protection. As described below, the revision 
will make the requirements of OSHA's Acetylene Standard consistent with 
current industry practices, thereby eliminating confusion and 
clarifying employer obligations, which will increase employee safety by 
encouraging compliance. Furthermore, bringing the Acetylene Standard in 
line with industry practice will not produce additional costs for 
employers, and may reduce compliance costs. Finally, the revision is 
non-controversial because it merely updates the SDO standard referenced 
in the rule to the most current version of that standard.

B. Relationship Between This Direct Final Rule and the Companion 
Proposed Rule

    This direct final rule is the companion document to a notice of 
proposed rulemaking also published in the ``Proposed Rules'' section of 
today's Federal Register. If OSHA receives no significant adverse 
comment on this direct final rule, it will publish a Federal Register 
document confirming the effective date of this direct final rule and 
withdrawing the companion proposed rule. The confirmation may include 
minor stylistic or technical corrections to the document. For the 
purpose of judicial review, OSHA considers the date that it confirms 
the effective date of the direct final rule to be the date of issuance. 
However, if OSHA receives significant adverse comment on the direct 
final rule, it will publish a timely withdrawal of this direct final 
rule and proceed with the proposed rule, which addresses the same 
revisions to the Acetylene Standard.

C. Request for Comment

    OSHA requests comments on all issues related to this direct final 
rulemaking, including economic or other regulatory impacts of this 
action on the regulated community. OSHA will consider all of the 
comments, and the comments will become part of the record.

III. Summary and Explanation of Revisions to the Acetylene Standard

    This DFR updates the SDO standard referenced in paragraph 
1910.102(a) of the Acetylene Standard. To ensure that employers have 
access to the latest safety requirements for managing acetylene, this 
rulemaking is adopting the requirements specified in the most recent, 
2009, edition of the SDO standard, CGA G-1-2009. The following 
discussion provides a summary of the revisions OSHA is making to 
paragraph (a) of the Acetylene Standard.
    For paragraph (a) of Sec.  1910.102 (Cylinders), this DFR is 
replacing the reference to the 2003 edition of CGA Pamphlet G-1 
(``Acetylene'') (Ex. OSHA-2008-0034-0006) with the most recent (i.e., 
2009) edition of that standard, also entitled ``Acetylene'' (Ex. OSHA-
2011-0183-0003). In reviewing CGA G1-2009, the Agency prepared a side-
by-side comparison of the 2009 and 2003 editions (Ex. OSHA-2011-0183-
0004). OSHA found minor changes to the titles of CGA reports referenced 
in paragraph 4 of section 3.2 (Physical and chemical properties) and 
section 4.2 (Valves); these changes are not substantive. In section 4.5 
(Marking and labeling), CGA also provides additional guidance 
clarifying Department of Transportation labeling regulations, and 
labeling requirements for transporting acetylene in Canada. The Agency 
determined that this information provides guidance only, and, 
therefore, imposes no additional burden on employers. Finally, OSHA 
identified an addition to the note in section 5.2 (Rules for storing 
acetylene) that designates as ``in service'' single cylinders of 
acetylene and oxygen located at a work station (e.g., chained to a wall 
or building column, secured on a cylinder cart). The Agency determined 
that this change is consistent with current industry practice, and, 
consequently, does not increase employers' burden.\1\
---------------------------------------------------------------------------

    \1\ In its comments to the 2009 DFR revising OSHA's Acetylene 
Standard, CGA made the following statement regarding the addition to 
this note: ``CGA does not envision a hardship or economic burden on 
the industry nor any reduction in industrial safety as a result of 
this change.''
---------------------------------------------------------------------------

    OSHA believes that the provisions of CGA G-1-2009 are consistent 
with the usual and customary practice of employers in the industry, and 
determined that incorporating CGA G-1-2009 into paragraph (a) of Sec.  
1910.102 does not add compliance burden for employers. OSHA invites the 
public to comment on whether the revisions made to the Acetylene 
Standard represent current industry practice.

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 ``which requires 
conditions, or the adoption or use of one or more practices, means, 
methods, operations, or processes, reasonably necessary or appropriate 
to provide safe or healthful employment 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 DFR will not reduce the employee protections put into place by 
the standard OSHA is updating under this rulemaking. Instead, this 
rulemaking likely will enhance employee safety by clarifying employer 
obligations. Therefore, it is unnecessary to determine significant 
risk, or the extent to which this rule would reduce that risk, as 
typically is 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 DFR is not ``economically significant'' as specified by 
Executive Order 12866, or a ``major rule'' under Section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (``SBREFA''; 
5 U.S.C. 804). The DFR does not impose significant additional costs on 
any private-sector or public-sector entity, and does not meet any of 
the criteria for an economically significant or major rule specified by 
Executive Order 12866 and the relevant statutes. OSHA developed the 
rule with attention to the approaches to rulemaking outlined in 
Executive Orders 12866 and 13563.
    This DFR simply updates a reference to an outdated SDO standard in 
OSHA's Acetylene Standard. The Agency concludes that the revisions will 
not impose any additional costs on employers because it believes that 
the updated SDO standard represents the usual and customary practice of 
employers in the industry. Consequently, the DFR imposes no costs on 
employers. Therefore, OSHA certifies that this rulemaking will not have 
a significant economic impact on a substantial number of small 
entities. Accordingly, the Agency is not preparing a regulatory 
flexibility analysis under the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.).

[[Page 75785]]

C. OMB Review Under the Paperwork Reduction Act of 1995

    Neither the existing nor updated SDO standard addressed by this DFR 
contain collection of information requirements. Therefore, this DFR 
does not impose or remove any information-collection requirements for 
purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. 
and 5 CFR 1320. Accordingly, the Agency does not have to prepare an 
Information Collection Request in association with this rulemaking.
    Members of the public may respond to this paperwork determination 
by sending 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 submit these comments to the 
rulemaking docket, along with their comments on other parts of the DFR. 
For instructions on submitting these comments and accessing the docket, 
see the sections of this Federal Register notice titled DATES and 
ADDRESSES. However, OSHA will not consider any comment received on this 
paperwork determination to be a ``significant adverse comment'' as 
specified under Section II (``Direct Final Rulemaking'') of this 
notice.
    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 DFR 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.
    Under Section 18 of the Occupational Safety and Health Act of 1970 
(``OSH Act''; U.S.C. 651 et seq.), Congress expressly provides that 
States may adopt, with Federal approval, a plan for the development and 
enforcement of occupational safety and health standards; OSHA refers to 
States that obtain Federal approval for such a plan as ``State Plan 
States.'' 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 their own requirements for occupational 
safety and health standards. While OSHA drafted this DFR to protect 
employees in every State, Section 18(c)(2) of the Act permits State 
Plan States and Territories to develop and enforce their own standards 
for acetylene operations provided these requirements are at least as 
effective in providing safe and healthful employment and places of 
employment as the requirements specified in this DFR.
    In summary, this DFR complies with Executive Order 13132. In States 
without OSHA-approved State Plans, any standard developed from this DFR 
would limit State policy options in the same manner as every standard 
promulgated by OSHA. In States with OSHA-approved State Plans, this 
rulemaking would not significantly limit State policy options.

E. State Plan States

    When Federal OSHA promulgates a new standard or a more stringent 
amendment to an existing standard, the 27 States or 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., if an existing State standard covering this area is already ``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, and must be completed within six months of the 
publication date of the final Federal rule. 29 CFR 1953.5(a). When OSHA 
promulgates a new standard or amendment that does not impose additional 
or more stringent requirements than the existing standard, State Plan 
States are not required to amend their standards, although OSHA may 
encourage them to do so.
    While this DFR does not impose any additional or more stringent 
requirements on employers than the existing Acetylene Standard, OSHA 
believes that the provisions of this DFR will provide employers with 
critical, updated information and methods that will help protect their 
employees from the hazards found in workplaces engaged in acetylene 
operations. Therefore, OSHA encourages the State Plan States to adopt 
provisions comparable to the provisions in this DFR within six months 
after the promulgation date of the rule. The 27 States and territories 
with OSHA-approved State Plans are: Alaska, Arizona, California, 
Connecticut, Hawaii, Illinois, Indiana, Iowa, Kentucky, Maryland, 
Michigan, Minnesota, Nevada, New Mexico, New Jersey, New York, North 
Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, 
Vermont, Virginia, Virgin Islands, Washington, and Wyoming. 
Connecticut, Illinois, New Jersey, New York, and the Virgin Islands 
have OSHA-approved State Plans that apply to State and local government 
employees only.

F. Unfunded Mandates Reform Act of 1995

    OSHA reviewed this DFR in accordance with the Unfunded Mandates 
Reform Act of 1995 (``UMRA''; 2 U.S.C. 1501 et seq.) and Executive 
Order 12875 (56 FR 58093). As discussed above in Section IV.B (``Final 
Economic Analysis and Regulatory Flexibility Act Certification'') of 
this notice, the Agency determined that this DFR will not impose 
additional costs on any private-sector or public-sector entity. 
Accordingly, this DFR requires no additional expenditures by either 
public or private employers.
    As noted above under Section IV.E (``State Plan States'') of this 
notice, 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 DFR 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 DFR 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.

G. Public Participation

    OSHA requests comments on all issues concerning this DFR. The 
Agency also welcomes comments on its determination that this DFR has no 
negative economic impacts on employers, and will increase employee 
protection. 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

[[Page 75786]]

document. For a full discussion of what constitutes a significant 
adverse comment, see Section II (``Direct Final Rulemaking'') of this 
notice.
    The Agency will withdraw this DFR if it receives significant 
adverse comment on the amendments contained in it, and proceed with the 
companion proposed rule by addressing the comment(s) and publishing a 
new final rule. The comment period for this DFR runs concurrently with 
that of the companion proposed rule. Therefore, OSHA will treat any 
comments received under this DFR as comments regarding the companion 
proposed rule. Similarly, OSHA will consider a significant adverse 
comment submitted to this DFR as a comment to the companion proposed 
rule; the Agency will consider such a comment in developing a 
subsequent final rule.
    OSHA will post comments received without revision to https://www.regulations.gov, including any personal information provided. 
Accordingly, OSHA cautions commenters about submitting personal 
information such as Social Security numbers and birth dates.

List of Subjects in 29 CFR Part 1910

    Acetylene, General industry, Incorporation by reference, 
Occupational safety and health, Safety.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210, authorized the 
preparation of this notice. The Agency is issuing this notice 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 4-2010 (75 FR 
55355), and 29 CFR part 1911.

    Signed at Washington, DC, on November 22, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to the Standard

    For the reasons discussed in the preamble, the Occupational Safety 
and Health Administration is amending 29 CFR part 1910 as set forth 
below:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart A--[Amended]

0
1. The authority citation for subpart A continues 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), 
5-2002 (67 FR 65008), 5-2007 (72 FR 31159), and 4-2010 (75 FR 
55355), as applicable.
    Sections 1910.6, 1910.7, 1910.8 and 1910.9 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); 
Pub. L. 111-8 and 111-317; and OMB Circular A-25 (dated July 8, 
1993) (58 FR 38142, July 15, 1993).


0
2. Amend Sec.  1910.6 by revising paragraph (k)(3) to read as follows:


Sec.  1910.6  Incorporation by reference.

* * * * *
    (k) * * *
    (3) CGA G-1-2009 Acetylene, Twelfth Edition, IBR approved for Sec.  
1910.102(a). Copies of CGA Pamphlet G-1-2009 are available for purchase 
from the: Compressed Gas Association, Inc., 4221 Walney Road, 5th 
Floor, Chantilly, VA 20151; telephone: (703) 788-2700; fax: (703) 961-
1831; email: cga@cganet.com.
* * * * *

Subpart H--[Amended]

0
3. Revise the authority citation for subpart H to read as follows:

    Authority:  29 U.S.C. 653, 655, 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), 5-2002 (67 FR 
65008), 5-2007 (72 FR 31159), or 4-2010 (75 FR 55355), as 
applicable; and 29 CFR part 11.
    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 29 U.S.C. 655 Note, and 5 
U.S.C. 553.


0
4. Amend Sec.  1910.102 by revising paragraph (a) to read as follows:


Sec.  1910.102  Acetylene.

    (a) Cylinders. Employers must ensure that the in-plant transfer, 
handling, storage, and use of acetylene in cylinders comply with the 
provisions of CGA Pamphlet G-1-2009 (``Acetylene'') (incorporated by 
reference, see Sec.  1910.6).
* * * * *
[FR Doc. 2011-30653 Filed 12-2-11; 8:45 am]
BILLING CODE 4510-26-P