Respiratory Protection; Mechanical Power Presses; Scaffold Specifications; Correction and Technical Amendment, 46948-46950 [2012-19077]
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46948
Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations
(k) Related Information
Refer to MCAI European Aviation Safety
Agency (EASA) Airworthiness Directive
2011–0070, dated April 18, 2011; and
Dassault Mandatory Service Bulletin 7X–174,
dated March 10, 2011; for related
information.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Dassault Mandatory Service Bulletin
7X–174, dated March 10, 2011.
(ii) Reserved.
(3) For Dassault service information
identified in this AD, contact Dassault Falcon
Jet, P.O. Box 2000, South Hackensack, New
Jersey 07606; telephone 201–440–6700;
Internet https://www.dassaultfalcon.com.
(4) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of
this material at the FAA, call 425–227–1221.
(5) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at an NARA facility, call 202–741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on July 20,
2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
C. On page 840, in 7A008, add
‘‘License Requirements’’ above ‘‘Reason
for Control’’.
■ D. On page 843, in 7B101, in the
heading, add a quotation mark before
‘‘Production’’.
■ E. On page 847, in 7E003, at the end
of ‘‘Related Definition’’, add ‘‘for
‘Maintenance Level I’ or ‘Maintenance
Level II’’’.
■ 2. In Category 9, on page 870, in
9E003, below paragraph a.10, remove
Note 1 and Note 2.
The text to be added is set forth
below:
■
Supplement No. 1 to Part 774—The
Commerce Control List
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Category 7
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7A002 Gyros or angular rate sensors,
having any of the following see List of Items
Controlled) and specially designed
components therefor.
*
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*
License Requirement Note: For the purpose
of MT controls only, the term ‘stability’ is
defined as a measure of the ability of a
specific mechanism or performance
coefficient to remain invariant when
continuously exposed to a fixed operating
condition. (This definition does not refer to
dynamic or servo stability.) (IEEE STD 528–
2001 paragraph 2.247)
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[FR Doc. 2012–19389 Filed 8–6–12; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF LABOR
[FR Doc. 2012–18582 Filed 8–6–12; 8:45 am]
Occupational Safety and Health
Administration
BILLING CODE 4910–13–P
29 CFR Parts 1910 and 1926
DEPARTMENT OF COMMERCE
[Docket No. OSHA–2006–0049]
Bureau of Industry and Security
Respiratory Protection; Mechanical
Power Presses; Scaffold
Specifications; Correction and
Technical Amendment
15 CFR Part 774
The Commerce Control List
In Title 15 of the Code of Federal
Regulations, Parts 300 to 799, revised as
of January 1, 2012, in supplement no. 1
to part 774, make the following
corrections:
1. In Category 7:
A. On page 838, in 7A002, under the
table in ‘‘Licensing Requirements’’, add
a ‘‘License Requirements Note’’ as set
forth below.
■ B. On page 839, in 7A005, above
‘‘License Requirements’’, remove the
Note to 7A005.
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■
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Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Final rule; correction and
technical amendment.
AGENCY:
CFR Correction
Jkt 226001
OSHA is correcting the
medical evaluation questionnaire in
Appendix C of its Respiratory Protection
standard by removing the term ‘‘fits’’ in
a question. OSHA also is correcting its
Mechanical Power Presses standard for
general industry by restoring
requirements that were removed
inadvertently from the regulatory text.
Finally, the Agency is correcting a cross
reference made in two paragraphs in
SUMMARY:
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Appendix A to subpart L of its scaffold
standards for construction.
DATES: The effective date for the
corrections and technical amendment to
the standards is August 7, 2012.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Frank Meilinger,
Director, Office of Communications,
OSHA, U.S. Department of Labor, Room
N–3647, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone: (202)
693–1999; email:
meilinger.francis2@dol.gov.
General and technical information:
Kenneth Stevanus, OSHA Office of
Engineering Safety, OSHA, Room N–
3621, U.S. Department of Labor, 200
Constitution Avenue NW., Washington,
DC 20210; telephone: (202) 693 2260;
email: stevanus.ken@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. Appendix C (Mandatory) to
§ 1910.134 (Respiratory Protection)
In the Standards Improvement
Project-Phase III (SIP–III) final rule,
published on June 8, 2011 (76 FR
33590), OSHA revised question 2.a in
the OSHA Respirator Medical
Evaluation Questionnaire, Appendix C,
Part A, Section 2, of its Respiratory
Protection standard (§ 1910.134) by
deleting the word ‘‘fits,’’ leaving only
the word ‘‘seizures’’ to describe the
applicable medical condition. OSHA
received no public comment on this
revision in the proposed SIP–III rule (75
FR 38646, 38650). Therefore, in the final
SIP–III rule, OSHA determined that (1)
use of the term ‘‘fits’’ is outdated,
unnecessary, and offensive, and (2) this
revision would have no effect on
administration of, or responses to, the
questionnaire (76 FR 33590, 33595).
Subsequent to publication of the SIP–III
final rule, OSHA found an additional
use of the term ‘‘fits’’ in Appendix C of
§ 1910.134: namely, question 7.d. This
Federal Register notice will remove the
term ‘‘fits’’ from question 7.d.
In addition, when OSHA promulgated
the revised Respiratory Protection
standard on January 8, 1998 (63 FR
1152), the introductory language of
Appendix C included the following
prefatory question to the employee:
‘‘Can you read (circle one): Yes/No.’’
Because this question is illogical (i.e.,
employees who cannot read cannot
respond validly to the question), this
Federal Register notice will remove this
question from Appendix C of
§ 1910.134.
B. Mechanical Power Presses (§ 1910.21)
On December 27, 2011, OSHA
published a Federal Register notice
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Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations
making corrections and technical
amendments to 16 OSHA standards (76
FR 80735). One of the standards
involved the Mechanical Power Presses
standard for general industry
(§ 1910.217); paragraph (g)(1) of this
standard requires employers to submit
to OSHA reports of employees injured
while operating such presses.
Specifically, paragraph (g)(1) requires
that employers submit the reports to
federal OSHA or, for state-plan states,
the state agency administering the plan.
The purpose of revising this paragraph
was to include the new title of the
federal OSHA office designated to
receive the reports, and to provide an
electronic address for submitting the
reports, consistent with the
recommendations of the Paperwork
Reduction Act and associated
regulations (44 U.S.C. chapter 35; 5 CFR
1320.8(a)(5)). However, the
requirements in paragraph (g)(1)
specifying what information to include
in the report were missing from the
subsequent Code of Federal Regulations
generated by the Office of the Federal
Register. This Federal Register notice
will restore these missing requirements.
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C. Appendix A (Non-mandatory) to 29
CFR 1926, Subpart L (Scaffolds)
On August 30, 1996, OSHA published
the Scaffold standard for construction at
29 CFR 1926, subpart L (61 FR 46026).
Paragraphs (z)(3) and (z)(5) in Appendix
A of that standard, which address tank
builders’ scaffolds, incorrectly refer to
the guardrail requirements at
§ 1926.451(e)(4). The requirements at
§ 1926.451(e)(4) contain provisions for
stair towers, which are not applicable to
tank building scaffolds. The reference
cited in paragraphs (z)(3) and (z)(5)
should be to paragraph § 1926.451(g)(4),
which addresses guardrail systems for
tank building scaffolds. Accordingly,
this Federal Register notice will revise
paragraphs (z)(3) and (z)(5) of Appendix
A to refer to § 1926.451(g)(4) instead of
§ 1926.451(e)(4).
II. Exemption from Notice-andComment Procedures
OSHA determined that this
rulemaking is not subject to the
procedures for public notice and
comment specified in Section 4 of the
Administrative Procedures Act (5 U.S.C.
553), Section 6(b) of the Occupational
Safety and Health Act of 1970 (29 U.S.C.
655(b)), and 29 CFR 1911.5. This
rulemaking does not affect or change
any existing rights or obligations, and
no stakeholder is likely to object to
them. Therefore, the Agency finds good
cause that public notice and comment
are unnecessary within the meaning of
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Jkt 226001
46949
d. Seizures: Yes/No
5 U.S.C. 553(b)(3)(B), 29 U.S.C. 655(b),
and 29 CFR 1911.5.
*
List of Subjects
Subpart O—[AMENDED]
29 CFR Part 1910
■
Mechanical power presses,
Occupational safety and health,
Respiratory protection.
29 CFR Part 1926
Scaffolds, Occupational safety and
health.
Authority and Signature
David Michaels, MPH, Ph.D.,
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
document. Accordingly, pursuant to
Section 6 of 29 U.S.C. 655, Section 4 of
5 U.S.C. 553, Secretary of Labor’s Order
No. 1–2012 (77 FR 3912), and 29 CFR
1911.5.
Signed at Washington, DC on July 27, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
Accordingly, OSHA is amending 29
CFR parts 1910 and 1926 by making the
following corrections and technical
amendments:
PART 1910—OCCUPATIONAL SAFETY
AND HEALTH STANDARDS
Subpart I—[Amended]
1. Revise the authority citation for
subpart I to read as follows:
■
Authority: 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 31160), 4–2010 (75 FR 55355),
or 1–2012 (77 FR 3912), as applicable; and
29 CFR 1911.
Sections 1910.132, 1910.134, and 1910.138
of 29 CFR also issued under 29 CFR 1911.
Sections 1910.133, 1910.135, and 1910.136
of 29 CFR also issued under 29 CFR 1911 and
5 U.S.C. 553.
2. In § 1910.134:
a. In the introductory text of
Appendix C to § 1910.134, remove ‘‘Can
you read (circle one): Yes/No’’.
■ b. Revise question 7.d. in Part A,
Section 2 (Mandatory) of Appendix C, to
read as follows:
■
■
§ 1910.134
Respiratory protection.
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Appendix C to § 1910.134: * * *
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Part A. Section 2. * * *
7. * * *
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3. Revise the authority citation for
subpart O to read as follows:
Authority: 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 31160), 4–2010 (75 FR 55355),
or 1–2012 (77 FR 3912), as applicable; and
29 CFR 1911.
Sections 1910.176, 1910.177, 1910.178,
1910.179, 1910.180, 1910.181, and 1910.184
also issued under 29 CFR part 1911.
4. Amend § 1910.217 by revising
paragraph (g) to read as follows:
■
§ 1910.217
Mechanical power presses.
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*
(g) Reports of injuries to employees
operating mechanical power presses. (1)
The employer shall report, within 30
days of the occurrence, all point-ofoperation injuries to operators or other
employees to either the Director of the
Directorate of Standards and Guidance
at OSHA, U.S. Department of Labor,
Washington, DC 20210 or electronically
at https://www.osha.gov/pls/oshaweb/
mechanical.html; or to the State Agency
administering a plan approved by the
Assistant Secretary of Labor for
Occupational Safety and Health.
(2) The report shall include the
following information:
(i) Employer’s name, address and
location of the workplace
(establishment).
(ii) Employee’s name, injury
sustained, and the task being performed
(operation, set-up, maintenance, or
other).
(iii) Type of clutch used on the press
(full revolution, part revolution, or
direct drive).
(iv) Type of safeguard(s) being used
(two hand control, two hand trip,
pullouts, sweeps, or other). If the
safeguard is not described in this
section, give a complete description.
(v) Cause of the accident (repeat of
press, safeguard failure, removing stuck
part or scrap, no safeguard provided, no
safeguard in use, or other).
(vi) Type of feeding (manual with
hands in dies or with hands out of dies,
semiautomatic, automatic, or other).
(vii) Means used to actuate press
stroke (foot trip, foot control, hand trip,
hand control, or other).
(viii) Number of operators required for
the operation and the number of
operators provided with controls and
safeguards.
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46950
Federal Register / Vol. 77, No. 152 / Tuesday, August 7, 2012 / Rules and Regulations
PART 1926—SAFETY AND HEALTH
REGULATIONS FOR CONSTRUCTION
Subpart L—[AMENDED]
5. Revise the authority citation for
subpart L to read as follows:
■
Authority: 40 U.S.C. 333; 29 U.S.C. 653,
655, 657; Secretary of Labor’s Order Nos. 1–
90 (55 FR 9033), 5–2007 (72 FR 31159), or
1–2012 (77 FR 3912); and 29 CFR part 1911.
6. Revise paragraphs (z)(3) and (z)(5)
of Appendix A to subpart L to read as
follows:
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*
*
■
(Non-Mandatory) Appendix A to
Subpart L of Part 1926—Scaffold
Specifications.
*
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*
(z) * * *
(3) A taut wire or synthetic rope supported
on the scaffold brackets shall be installed at
the scaffold plank level between the
innermost edge of the scaffold platform and
the curved plate structure of the tank shell
to serve as a safety line in lieu of an inner
guardrail assembly where the space between
the scaffold platform and the tank exceeds 12
inches (30.48 cm). In the event the open
space on either side of the rope exceeds 12
inches (30.48 cm), a second wire or synthetic
rope appropriately placed, or guardrails in
accordance with § 1926.451(g)(4), shall be
installed in order to reduce that open space
to less than 12 inches (30.48 cm).
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*
(5) Guardrails shall be constructed of a taut
wire or synthetic rope, and shall be
supported by angle irons attached to brackets
welded to the steel plates. These guardrails
shall comply with § 1926.451(g)(4). Guardrail
supports shall be located at no greater than
10 feet 6 inch intervals.
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[FR Doc. 2012–19077 Filed 8–6–12; 8:45 am]
BILLING CODE 4510–26–P
Part 241. Existing regulations provide
that a change in the staffing of a Post
Office such that it is staffed by another
type of Postal Service employee is not
a discontinuance. See 39 CFR
241.3(a)(1)(ii). Consistent with this
provision, the final rule defines a
remotely managed Post Office (RMPO)
as a Post Office that offers part-time
window service hours, is staffed by a
Postal Service employee at the direction
of a postmaster, and reports to an
Administrative Post Office. The final
rule also defines a part-time Post Office
(PTPO) as a Post Office that offers parttime window service hours, is staffed by
a Postal Service employee, and reports
to a district office. In addition, the final
rule replaces the term ‘‘lowest nonbargaining (EAS) employee grade’’ with
‘‘lowest level RMPO’’ in 39 CFR
241.3(a)(5)(i). This change is not
substantive, because the hours of service
of the lowest EAS grade for Post Offices
previously in effect corresponds to
window service hours offered by the
lowest level RMPO. Last, the final rule
no longer includes cost ascertainment
grouping classifications in 39 CFR
241.1. The use of such classification
systems is not needed in Part 241, in
light of the introduction of RMPOs and
PTPOs.
Although exempt from the notice and
comment rulemaking requirements of
Title 5 of the United States Code, the
Postal Service hereby adopts the
following changes to 39 CFR Part 241.
List of Subjects in 39 CFR Part 241
Organization and functions
(government agencies), Postal Service.
Accordingly, 39 CFR Part 241 is
amended as follows:
POSTAL SERVICE
PART 241—RETAIL ORGANIZATION
AND ADMINISTRATION:
ESTABLISHMENT, CLASSIFICATION,
AND DISCONTINUANCE
39 CFR Part 241
■
Post Office Organization and
Administration: Establishment,
Classification, and Discontinuance
Authority: 39 U.S.C. 101, 401, 403, 404,
410, 1001.
1. The authority citation for 39 CFR
part 241 continues to read as follows:
■
Postal Service TM.
ACTION: Final rule.
AGENCY:
§ 241.1
This final rule amends the
provisions concerning the
discontinuance of USPS®-operated
retail facilities to incorporate
conforming changes in Post Office TM
classification and terminology.
DATES: Effective date: August 7, 2012.
FOR FURTHER INFORMATION CONTACT: Jim
Boldt (202) 268–6799.
SUPPLEMENTARY INFORMATION: This final
rule makes minor changes to 39 CFR
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SUMMARY:
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15:03 Aug 06, 2012
2. Revise § 241.1 to read as follows:
Jkt 226001
Post offices.
Post Offices are established and
maintained at locations deemed
necessary to ensure that regular and
effective postal services are available to
all customers within specified
geographic boundaries. A Post Office
may be operated or staffed by a
postmaster or by another type of postal
employee at the direction of the
postmaster, including when the
postmaster is not physically present. A
Remotely Managed Post Office (RMPO)
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Fmt 4700
Sfmt 4700
is a Post Office that offers part-time
window service hours, is staffed by a
Postal Service employee under the
direction of a postmaster, and reports to
an Administrative Post Office. A PartTime Post Office (PTPO) is a Post Office
that offers part-time window service
hours, is staffed by a Postal Service
employee, and reports to a district
office. Unless otherwise specified, all
references to ‘‘Post Office’’ include
RMPOs and PTPOs.
■ 3. In § 241.3, revise paragraph (a) to
read as follows:
§ 241.3 Discontinuance of USPS-operated
retail facilities.
(a) Introduction—(1) Coverage. (i)
This section establishes the rules
governing the Postal Service’s
consideration of whether an existing
retail Post Office, station, or branch
should be discontinued. The rules cover
any proposal to:
(A) Replace a USPS-operated Post
Office, station, or branch with a
contractor-operated retail facility;
(B) Combine a USPS-operated Post
Office, station, or branch with another
USPS-operated retail facility; or
(C) Discontinue a USPS-operated Post
Office, station, or branch without
providing a replacement facility.
(ii) The conversion of a Post Office
into, or the replacement of a Post Office
with, another type of USPS-operated
retail facility is not a discontinuance
action subject to this section. A change
in the staffing of a Post Office such that
it is staffed only part-time by a
postmaster, or not staffed at all by a
postmaster, but rather by another type of
USPS employee, is not a discontinuance
action subject to this section.
(iii) The regulations in this section are
mandatory only with respect to
discontinuance actions for which initial
feasibility studies have been initiated on
or after July 14, 2011. Unless otherwise
provided by responsible personnel, the
rules under § 241.3 as in effect prior to
July 14, 2011, shall apply to
discontinuance actions for which initial
feasibility studies have been initiated
prior to July 14, 2011. Discontinuance
actions pending as of December 1, 2011,
that pertain to the conversion of a Post
Office to another type of USPS-operated
facility are no longer subject to these
regulations.
(2) Definitions. As used in this
section, the terms listed below are
defined as follows:
(i) ‘‘USPS-operated retail facility’’
includes any Postal Service employeeoperated Post Office, station, or branch,
but does not include any station,
branch, community Post Office, or other
retail facility operated by a contractor.
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Agencies
[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Rules and Regulations]
[Pages 46948-46950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19077]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910 and 1926
[Docket No. OSHA-2006-0049]
Respiratory Protection; Mechanical Power Presses; Scaffold
Specifications; Correction and Technical Amendment
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Final rule; correction and technical amendment.
-----------------------------------------------------------------------
SUMMARY: OSHA is correcting the medical evaluation questionnaire in
Appendix C of its Respiratory Protection standard by removing the term
``fits'' in a question. OSHA also is correcting its Mechanical Power
Presses standard for general industry by restoring requirements that
were removed inadvertently from the regulatory text. Finally, the
Agency is correcting a cross reference made in two paragraphs in
Appendix A to subpart L of its scaffold standards for construction.
DATES: The effective date for the corrections and technical amendment
to the standards is August 7, 2012.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Frank Meilinger, Director, Office of
Communications, OSHA, U.S. Department of Labor, Room N-3647, 200
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
1999; email: meilinger.francis2@dol.gov.
General and technical information: Kenneth Stevanus, OSHA Office of
Engineering Safety, OSHA, Room N-3621, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693
2260; email: stevanus.ken@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. Appendix C (Mandatory) to Sec. 1910.134 (Respiratory Protection)
In the Standards Improvement Project-Phase III (SIP-III) final
rule, published on June 8, 2011 (76 FR 33590), OSHA revised question
2.a in the OSHA Respirator Medical Evaluation Questionnaire, Appendix
C, Part A, Section 2, of its Respiratory Protection standard (Sec.
1910.134) by deleting the word ``fits,'' leaving only the word
``seizures'' to describe the applicable medical condition. OSHA
received no public comment on this revision in the proposed SIP-III
rule (75 FR 38646, 38650). Therefore, in the final SIP-III rule, OSHA
determined that (1) use of the term ``fits'' is outdated, unnecessary,
and offensive, and (2) this revision would have no effect on
administration of, or responses to, the questionnaire (76 FR 33590,
33595). Subsequent to publication of the SIP-III final rule, OSHA found
an additional use of the term ``fits'' in Appendix C of Sec. 1910.134:
namely, question 7.d. This Federal Register notice will remove the term
``fits'' from question 7.d.
In addition, when OSHA promulgated the revised Respiratory
Protection standard on January 8, 1998 (63 FR 1152), the introductory
language of Appendix C included the following prefatory question to the
employee: ``Can you read (circle one): Yes/No.'' Because this question
is illogical (i.e., employees who cannot read cannot respond validly to
the question), this Federal Register notice will remove this question
from Appendix C of Sec. 1910.134.
B. Mechanical Power Presses (Sec. 1910.21)
On December 27, 2011, OSHA published a Federal Register notice
[[Page 46949]]
making corrections and technical amendments to 16 OSHA standards (76 FR
80735). One of the standards involved the Mechanical Power Presses
standard for general industry (Sec. 1910.217); paragraph (g)(1) of
this standard requires employers to submit to OSHA reports of employees
injured while operating such presses. Specifically, paragraph (g)(1)
requires that employers submit the reports to federal OSHA or, for
state-plan states, the state agency administering the plan. The purpose
of revising this paragraph was to include the new title of the federal
OSHA office designated to receive the reports, and to provide an
electronic address for submitting the reports, consistent with the
recommendations of the Paperwork Reduction Act and associated
regulations (44 U.S.C. chapter 35; 5 CFR 1320.8(a)(5)). However, the
requirements in paragraph (g)(1) specifying what information to include
in the report were missing from the subsequent Code of Federal
Regulations generated by the Office of the Federal Register. This
Federal Register notice will restore these missing requirements.
C. Appendix A (Non-mandatory) to 29 CFR 1926, Subpart L (Scaffolds)
On August 30, 1996, OSHA published the Scaffold standard for
construction at 29 CFR 1926, subpart L (61 FR 46026). Paragraphs (z)(3)
and (z)(5) in Appendix A of that standard, which address tank builders'
scaffolds, incorrectly refer to the guardrail requirements at Sec.
1926.451(e)(4). The requirements at Sec. 1926.451(e)(4) contain
provisions for stair towers, which are not applicable to tank building
scaffolds. The reference cited in paragraphs (z)(3) and (z)(5) should
be to paragraph Sec. 1926.451(g)(4), which addresses guardrail systems
for tank building scaffolds. Accordingly, this Federal Register notice
will revise paragraphs (z)(3) and (z)(5) of Appendix A to refer to
Sec. 1926.451(g)(4) instead of Sec. 1926.451(e)(4).
II. Exemption from Notice-and-Comment Procedures
OSHA determined that this rulemaking is not subject to the
procedures for public notice and comment specified in Section 4 of the
Administrative Procedures Act (5 U.S.C. 553), Section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), and 29
CFR 1911.5. This rulemaking does not affect or change any existing
rights or obligations, and no stakeholder is likely to object to them.
Therefore, the Agency finds good cause that public notice and comment
are unnecessary within the meaning of 5 U.S.C. 553(b)(3)(B), 29 U.S.C.
655(b), and 29 CFR 1911.5.
List of Subjects
29 CFR Part 1910
Mechanical power presses, Occupational safety and health,
Respiratory protection.
29 CFR Part 1926
Scaffolds, Occupational safety and health.
Authority and Signature
David Michaels, MPH, Ph.D., 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 document. Accordingly, pursuant to Section 6 of 29
U.S.C. 655, Section 4 of 5 U.S.C. 553, Secretary of Labor's Order No.
1-2012 (77 FR 3912), and 29 CFR 1911.5.
Signed at Washington, DC on July 27, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
Accordingly, OSHA is amending 29 CFR parts 1910 and 1926 by making
the following corrections and technical amendments:
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Subpart I--[Amended]
0
1. Revise the authority citation for subpart I to read as follows:
Authority: 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 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR
3912), as applicable; and 29 CFR 1911.
Sections 1910.132, 1910.134, and 1910.138 of 29 CFR also issued
under 29 CFR 1911.
Sections 1910.133, 1910.135, and 1910.136 of 29 CFR also issued
under 29 CFR 1911 and 5 U.S.C. 553.
0
2. In Sec. 1910.134:
0
a. In the introductory text of Appendix C to Sec. 1910.134, remove
``Can you read (circle one): Yes/No''.
0
b. Revise question 7.d. in Part A, Section 2 (Mandatory) of Appendix C,
to read as follows:
Sec. 1910.134 Respiratory protection.
* * * * *
Appendix C to Sec. 1910.134: * * *
* * * * *
Part A. Section 2. * * *
7. * * *
d. Seizures: Yes/No
* * * * *
Subpart O--[AMENDED]
0
3. Revise the authority citation for subpart O to read as follows:
Authority: 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 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR
3912), as applicable; and 29 CFR 1911.
Sections 1910.176, 1910.177, 1910.178, 1910.179, 1910.180,
1910.181, and 1910.184 also issued under 29 CFR part 1911.
0
4. Amend Sec. 1910.217 by revising paragraph (g) to read as follows:
Sec. 1910.217 Mechanical power presses.
* * * * *
(g) Reports of injuries to employees operating mechanical power
presses. (1) The employer shall report, within 30 days of the
occurrence, all point-of-operation injuries to operators or other
employees to either the Director of the Directorate of Standards and
Guidance at OSHA, U.S. Department of Labor, Washington, DC 20210 or
electronically at https://www.osha.gov/pls/oshaweb/mechanical.html; or
to the State Agency administering a plan approved by the Assistant
Secretary of Labor for Occupational Safety and Health.
(2) The report shall include the following information:
(i) Employer's name, address and location of the workplace
(establishment).
(ii) Employee's name, injury sustained, and the task being
performed (operation, set-up, maintenance, or other).
(iii) Type of clutch used on the press (full revolution, part
revolution, or direct drive).
(iv) Type of safeguard(s) being used (two hand control, two hand
trip, pullouts, sweeps, or other). If the safeguard is not described in
this section, give a complete description.
(v) Cause of the accident (repeat of press, safeguard failure,
removing stuck part or scrap, no safeguard provided, no safeguard in
use, or other).
(vi) Type of feeding (manual with hands in dies or with hands out
of dies, semiautomatic, automatic, or other).
(vii) Means used to actuate press stroke (foot trip, foot control,
hand trip, hand control, or other).
(viii) Number of operators required for the operation and the
number of operators provided with controls and safeguards.
* * * * *
[[Page 46950]]
PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
Subpart L--[AMENDED]
0
5. Revise the authority citation for subpart L to read as follows:
Authority: 40 U.S.C. 333; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order Nos. 1-90 (55 FR 9033), 5-2007 (72 FR 31159), or 1-
2012 (77 FR 3912); and 29 CFR part 1911.
0
6. Revise paragraphs (z)(3) and (z)(5) of Appendix A to subpart L to
read as follows:
* * * * *
(Non-Mandatory) Appendix A to Subpart L of Part 1926--Scaffold
Specifications.
* * * * *
(z) * * *
(3) A taut wire or synthetic rope supported on the scaffold
brackets shall be installed at the scaffold plank level between the
innermost edge of the scaffold platform and the curved plate
structure of the tank shell to serve as a safety line in lieu of an
inner guardrail assembly where the space between the scaffold
platform and the tank exceeds 12 inches (30.48 cm). In the event the
open space on either side of the rope exceeds 12 inches (30.48 cm),
a second wire or synthetic rope appropriately placed, or guardrails
in accordance with Sec. 1926.451(g)(4), shall be installed in order
to reduce that open space to less than 12 inches (30.48 cm).
* * * * *
(5) Guardrails shall be constructed of a taut wire or synthetic
rope, and shall be supported by angle irons attached to brackets
welded to the steel plates. These guardrails shall comply with Sec.
1926.451(g)(4). Guardrail supports shall be located at no greater
than 10 feet 6 inch intervals.
* * * * *
[FR Doc. 2012-19077 Filed 8-6-12; 8:45 am]
BILLING CODE 4510-26-P