Hazard Communication; Corrections and Technical Amendment, 9311-9315 [2013-01416]

Download as PDF Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Rules and Regulations (b) Unsafe Condition This AD defines the unsafe condition as a decrease, over time, in the strength of a T– T strap caused by moisture. This condition could result in failure of a T–T strap, loss of directional control, and subsequent loss of control of the helicopter. (c) Effective Date This AD becomes effective March 15, 2013. wreier-aviles on DSK7SPTVN1PROD with RULES (d) Compliance You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time. (e) Required Actions (1) Within six months, determine the manufacturer’s cure date of each of the 13 T– T straps. (i) For a T–T strap with five or more calendar years from the manufacturer’s cure date, before further flight, replace the T–T strap with an airworthy T–T strap. (ii) For a T–T strap with less than five calendar years from the manufacturer’s cure date, mark the expiration date on the T–T strap face in permanent ink. (2) Thereafter, before installing a T–T strap, mark the expiration date on the T–T strap using permanent ink. The expiration date is five years from the date the T–T strap package was opened, or if that date was not recorded, five years from the manufacturer’s cure date. (3) On or before the date you comply with paragraph (e)(1) or (e)(2) of this AD, create a component record card for each T–T strap and record on the card the manufacturer’s cure date or the date that the T–T strap package was opened, if that date was recorded previously, and the T–T strap expiration date. (4) Revise the Airworthiness Limitations section of the maintenance manual by establishing: (i) A calendar life limit for the T–T straps, P/N 500N5311–5, 900R3442009–101, 900R3442009–103, and 900R6442009–103 of five years from the date the T–T strap package was opened, or if that date was not recorded, five years from the manufacturer’s cure date. (ii) A 2,500 hour time-in-service (TIS) life limit for any T–T straps, P/N 500N5311–5, installed on a Model 500N or Model 600N helicopter that was previously installed on a Model MD900 helicopter. Note to paragraph (e) of this AD: For the MDHI Model MD900 helicopters, AD 2006– 18–01 (71 FR 51095, August 29, 2006) contains additional TIS life limits for T–T straps, P/N 900R3442009–103 and P/N 900R6442009–103 and additional inspection requirements for all four affected T–T straps, P/N 500N5311–5, P/N 900R3442009–101, P/ N 900R3442009–103, and P/N 900R6442009– 103. (f) Alternative Methods of Compliance (AMOCs) (1) The Manager, Los Angeles Aircraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: John Cecil, Aviation Safety Engineer, Los VerDate Mar<15>2010 14:10 Feb 07, 2013 Jkt 229001 Angeles Aircraft Certification Office, Transport Airplane Directorate, FAA, 3960 Paramount Blvd., Lakewood, California 90712; telephone (562) 627–5228; email john.cecil@faa.gov. (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC. (g) Additional Information MDHI has issued one service bulletin with two numbers, SB500N–029R3 for the Model 500N helicopters, and SB600N–046R3 for the Model 600N helicopters, dated July 9, 2008. MDHI has also issued SB900–107R1, dated March 14, 2008, for the Model MD900 helicopters. These service bulletins, which are not incorporated by reference, contain information related to the subject of this AD. For service information identified in this AD, contact MD Helicopters, Inc., Attn: Customer Support Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa, Arizona 85215–9734, telephone 1–800–388–3378, fax 480–346– 6813, or on the web at http:// www.mdhelicopters.com. You may review a copy of this service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. (h) Subject Joint Aircraft Service Component (JASC) Code: 6410, Tail rotor blades. Issued in Fort Worth, Texas, on January 29, 2013. Lance T. Gant, Acting Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2013–02582 Filed 2–7–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Parts 1910, 1915, and 1926 [Docket No. OSHA–H022K–2006–0062 (formerly Docket No. H022K)] RIN 1218–AC20 Hazard Communication; Corrections and Technical Amendment Occupational Safety and Health Administration (OSHA), DOL. ACTION: Final rule: correction and technical amendment. AGENCY: OSHA is correcting its regulations that were amended by the Hazard Communication Standard final rule, published in the Federal Register on March 26, 2012. The majority of the SUMMARY: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 9311 corrections are to references inadvertently missed in the original publication of the final rule. Other corrections include correcting values or notations in tables, and updating references to terms. DATES: Effective: February 8, 2013. FOR FURTHER INFORMATION CONTACT: Press inquiries: Frank Meilinger, Director, Office of Communications, OSHA, Room N–3647, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693–1999. General and technical information: Dorothy Dougherty, Director, Directorate of Standards and Guidance, OSHA, Room N–3718, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693–1950. SUPPLEMENTARY INFORMATION: I. Background This notice corrects certain minor errors in the revisions to OSHA’s Hazard Communication Standard, published at 77 FR 17574. The majority of these corrections change references in other OSHA standards made to ‘‘material safety data sheet’’ or ‘‘MSDS’’ to ‘‘safety data sheet’’ or ‘‘SDS,’’ which OSHA inadvertently missed in its original publication of the final rule. Other corrections include correcting values or notations in tables, and updating references to terms defined in the Hazard Communication Standard Final Rule, published on March 26, 2012. Correction of Publication The following corrections are made to the preamble to the final rule for the Hazard Communication Standard, published in the Federal Register on March 26, 2012 (77 FR 17574). 1. In the Preamble, on p. 17686, in the third column, the seventh paragraph Estimated Total Burden Hours: 11.3 million hours is revised to read Estimated Total Burden Hours: 10,689,248 hours. 2. In the Preamble, on p. 17755, in the third column, in the first paragraph the name ‘‘David Levine’’ is corrected to read ‘‘Daniel Levine’’. 3. In the Preamble, on p. 17712, Table XIII–1, the ‘‘>20%’’ value for Specific target organ toxicity Category 3 is corrected to read ‘‘≥20%’’ (both columns). 4. In the Preamble, on p. 17751, Table XIII–5, Health Effects Column for Standard No. 1910.1051. ‘‘Cancer; eye and respiratory tract irritation; center nervous system effects; and flammability’’ is corrected to read E:\FR\FM\08FER1.SGM 08FER1 9312 Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Rules and Regulations ‘‘Cancer; eye and respiratory tract irritation; central nervous system effects; and flammability.’’ The following table contains a summary of the codified changes made to the Hazard Communication final rule as it appeared at 77 FR 17574 and is provided for the regulated community. The changes are listed by the Federal Register page number on which they can be found, the standard being corrected, and a summary of the correction being made. Page No. Standard Correction Page 17776, third column .... On p. 17778, first column .... § 1910.119, paragraph (d)(1) and Appendix C. § 1910.120, paragraph (g), Appendices A and E. § 1910.1001, Appendix J .... On p. 17782, third column ... § 1910.1044, Appendix B ... On p. 17784, first column .... § 1910.1048, Appendix A ... On p. 17785, second column, second paragraph. On p. 17785, second column § 1910.1051 (l)(1)(ii) ........... ‘‘material safety data sheet’’ and the acronym ‘‘MSDS’’ are corrected to ‘‘safety data sheet’’ and ‘‘SDS’’, respectively. ‘‘material safety data sheet’’ and the acronym ‘‘MSDS’’ are corrected to ‘‘safety data sheet’’ and ‘‘SDS’’, respectively. ‘‘material safety data sheet’’ and the acronym ‘‘MSDS’’ are corrected to ‘‘safety data sheet’’ and ‘‘SDS’’, respectively. Reference to ‘‘Class IIIA combustible liquid’’ is corrected to ‘‘Category 4 flammable liquid’’. The flammability class reference in Appendix A is updated to align with the § 1910.1200. ‘‘center nervous system effects’’ is corrected to ‘‘central nervous system effects’’. § 1910.1052, Appendix A ... On p. 17786 ......................... § 1910.1200, Appendix E ... On p. 17787 ......................... § 1910.1200, paragraphs (d)(4), (d)(5), and (d)(6). § 1910.1200, Appendix A, Table A.1.1 Note (a). § 1910.1200, Appendix A, Paragraph A.1.2, Table A.1.1. § 1910.1200, Appendix A, Paragraph A.2.4.3.1. § 1910.1200, Appendix A, Paragraph A.3.4.3.1. § 1910.1200, Appendix B, Paragraph B.3.2, Table B.3.1. § 1910.1200, Appendix F, Part A. § 1910.1200, Appendix F, Part D. On p. 17776, third column ... On p. 17791 ......................... On p. 17791 ......................... On p. 17797 ......................... On p. 17801 ......................... On p. 17818 ......................... On p. 17886 ......................... On p. 17887 ......................... On p. 17888 ......................... § 1915.1001, Appendix K ... On p. 17890 ......................... § 1926.64, Appendix C ....... On p. 17890 ......................... On p. 17895 ......................... § 1926.65, Appendix E ....... § 1926.1101, paragraph (k)(8)(v). wreier-aviles on DSK7SPTVN1PROD with RULES II. Exemption From Notice-andComment Procedures Section 4 of the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), provides that, when an Agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the Agency may issue a final rule without providing notice and an opportunity for public comment. This rulemaking only corrects errors of a minor, mainly typographical nature and therefore does not affect or change any existing rights or obligations. OSHA has determined that there is good cause, pursuant to 5 U.S.C. 553(b)(3)(B), VerDate Mar<15>2010 14:10 Feb 07, 2013 Jkt 229001 The example label language in Appendix A is removed and the Appendix is corrected to reference classification and label requirements provided in § 1910.1200. ‘‘material safety data sheet’’ and the acronym ‘‘MSDS’’ are corrected to ‘‘safety data sheet’’ and ‘‘SDS’’. Remove the entire Appendix E entitled, ‘‘Appendix E to § 1910.1200—(Advisory)— Guidelines for Employer Compliance’’. Remove paragraphs (d)(4), (d)(5), and (d)(6). Remove the word ‘‘Steward’’. Dermal Category 1 value of ‘‘≤5’’ is corrected to read ‘‘≤50’’. The concentration of ‘‘relevant ingredients’’ of a mixture is corrected from ‘‘>1%’’ to ‘‘≥1%’’. The concentration of ‘‘relevant ingredients’’ of a mixture is corrected from ‘‘>1%’’ to ‘‘≥1%’’. Reformat table to clarify application of hazard categories. Correct the paragraph numbering in the first column. The second subsection under the heading Carcinogenicity in experimental animals is corrected to read ‘‘(b)’’. The NTP RoC column of the Table is corrected to indicate that the text ‘‘Reasonably Anticipated (See Note 1)’’ is intended to refer to both lines (IARC Group 2A and 2B, and GHS Category 1B and 2), and the subparagraphs in paragraph 3 of Note 1 are corrected to ‘‘a’’ and ‘‘b’’ rather than ‘‘c’’ and ‘‘d’’. ‘‘material safety data sheet’’ and the acronym ‘‘MSDS’’ are corrected to ‘‘safety data sheet’’ and ‘‘SDS’’, respectively. ‘‘material safety data sheet’’ and the acronym ‘‘MSDS’’ are corrected to ‘‘safety data sheet’’ and ‘‘SDS’’, respectively. ‘‘material safety data sheet’’ is corrected to ‘‘safety data sheet’’. Paragraphs (k)(8)(iv)(B) and (k)(8)(v) are repetitive; paragraph (k)(8)(v) is designated as ‘‘Reserved.’’ Section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), and 29 CFR 1911.5, for making this correctional amendment final without prior proposal and opportunity for comment because the rulemaking does not affect or change any existing rights or obligations, and no stakeholder is likely to object to them. For the same reasons, the Agency finds good cause under 5 U.S.C. 553(d)(3) to make the amendment effective upon publication. III. Authority and Signature David Michaels, Ph.D., MPH, Assistant Secretary for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue NW., PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Washington, DC 20210, authorized the preparation of this document. It is issued under the authority of sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); 5 U.S.C. 553; Section 304, Clean Air Act Amendments of 1990 (Pub. L. 101–549, reprinted at 29 U.S.C.A. 655 Note); Section 41, Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 941); Section 107, Contract Work Hours and Safety Standards Act (40 U.S.C. 3704); Section 1031, Housing and Community Development Act of 1992 (42 U.S.C. 4853); Section 126, Superfund Amendments and Reauthorization Act of 1986, as E:\FR\FM\08FER1.SGM 08FER1 Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Rules and Regulations amended (reprinted at 29 U.S.C.A. 655 Note); Secretary of Labor’s Order No. 1– 2012 (77 FR 3912); and 29 CFR Part 1911. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. List of Subjects 29 CFR Part 1910 Asbestos, Chemicals, Fire prevention, Hazard communication, Hazardous substances, Occupational safety and health. 29 CFR Part 1915 Asbestos, Longshore and harbor workers, Occupational safety and health. Subpart H—[Amended] 1. The authority citation for Part 1910 Subpart H 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), or 5–2007 (72 FR 31159), 4–2010 (75 FR 55355) or 1–2012 (77 FR 3912), as applicable; and 29 CFR part 1911. Sections 1910.103, 1910.106 through 1910.111, and 1910.119, 1910.120, and 1910.122 through 1910.126 also issued under 29 CFR part 1911. Section 1910.119 also issued under Section 304, Clean Air Act Amendments of 1990 (Pub. L. 101–549), reprinted at 29 U.S.C.A. 655 Note. Section 1910.120 also issued under Section 126, Superfund Amendments and Reauthorization Act of 1986 as amended (29 U.S.C.A. 655 Note), and 5 U.S.C. 553. [Amended] 2. Amend § 1910.119 as follows: a. Remove the words ‘‘Material Safety Data Sheets’’ and add in their place ‘‘safety data sheets’’ in the note following paragraph (d)(1). ■ b. In Appendix C to § 1910.119, remove ‘‘material safety data sheet (MSDS)’’ in the second paragraph in section 3 and add in its place ‘‘safety data sheet (SDS)’’ and remove ‘‘MSDS’’ in the first paragraph in section 6 and add in its place ‘‘SDSs’’. wreier-aviles on DSK7SPTVN1PROD with RULES VerDate Mar<15>2010 14:10 Feb 07, 2013 Jkt 229001 [Amended] 3. Amend § 1910.120: a. By removing the acronym ‘‘MSDS’’ and adding in its place ‘‘SDS’’ wherever it appears; and ■ b. In Appendix E to § 1910.120, by removing the words ‘‘material safety data sheets’’ and adding in their place ‘‘safety data sheets’’ wherever they appear. ■ ■ 4. The authority citation for Part 1910 Subpart Z continues to read as follows: ■ PART 1910—OCCUPATIONAL SAFETY AND HEALTH STANDARDS ■ ■ § 1910.120 Subpart Z—[Amended] 29 CFR Part 1926 Asbestos, Construction industry, Fire prevention, Hazardous substances, Occupational safety and health. Accordingly, OSHA is amending 29 CFR parts 1910, 1915, and 1926 by making the following corrections and technical amendments: § 1910.119 c. In Appendix C to § 1910.119, remove the words ‘‘material safety data sheets’’ and add in their place ‘‘safety data sheets’’ in the seventh paragraph in section 13. ■ Authority: Sections 4, 6, 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), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912), as applicable; and 29 CFR part 1911. All of subpart Z issued under section 6(b) of the Occupational Safety and Health Act of 1970, except those substances that have exposure limits listed in Tables Z–1, Z–2, and Z–3 of 29 CFR 1910.1000. The latter were issued under section 6(a) (29 U.S.C. 655(a)). Section 1910.1000, Tables Z–1, Z–2 and Z– 3 also issued under 5 U.S.C. 553, but not under 29 CFR part 1911 except for the arsenic (organic compounds), benzene, cotton dust, and chromium (VI) listings. Section 1910.1001 also issued under section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704) and 5 U.S.C. 553. Section 1910.1002 also issued under 5 U.S.C. 553, but not under 29 U.S.C. 655 or 29 CFR part 1911. Sections 1910.1018, 1910.1029, and 1910.1200 also issued under 29 U.S.C. 653. Section 1910.1030 also issued under Pub. L. 106–430, 114 Stat. 1901. Section 1910.1201 also issued under 49 U.S.C. 1801–1819 and 5 U.S.C. 533. § 1910.1048 9313 [Amended] 7. Amend § 1910.1048 by removing the phrase ‘‘Flammability Class (OSHA): III A’’ and adding in its place ‘‘Flammability (OSHA): Category 4 flammable liquid’’ wherever it appears in Appendix A. ■ 8. Amend § 1910.1051 by revising paragraph (l)(1)(ii) to read as follows: ■ § 1910.1051 1,3-Butadiene. * * * * * (l) * * * (1) * * * (ii) In classifying the hazards of BD at least the following hazards are to be addressed: Cancer; eye and respiratory tract irritation; central nervous system effects; and flammability. * * * * * ■ 9. Amend § 1910.1052, in Appendix A, by revising paragraph E in section X to read as follows: § 1910.1052 * * Methylene Chloride. * * * Appendix A to § 1910.1052—Substance Safety Data Sheet and Technical Guidelines for Methylene Chloride * * * * * X. Access to Information * * * * * E. Your employer is required to provide labels and safety data sheets (SDSs) for all materials, mixtures or solutions composed of greater than 0.1 percent MC. These materials, mixtures or solutions would be classified and labeled in accordance with § 1910.1200. 5. Amend § 1910.1001 as follows: a. Remove the words ‘‘material safety data sheet’’ and add in their place ‘‘safety data sheet’’ wherever they appear in Appendix J; ■ b. Remove the acronym ‘‘MSDS’’ and add in its place ‘‘SDS’’ wherever it appears in Appendix J. * * * * 10. Amend § 1910.1200 as follows: a. Remove paragraphs (d)(4) through (6). ■ b. Remove the word ‘‘Steward’’ in Appendix A, Table A.1.1 Note (a). ■ c. Remove the value of ‘‘≤5’’ and add in its place ‘‘≤50’’ for Dermal Category 1 in Appendix A, paragraph A.1.2, Table A.1.1. ■ d. In Appendix A, revise paragraphs A.2.4.3.1 and A.3.4.3.1. ■ e. In Appendix B, in paragraph B.3.2, revise Table B.3.1. ■ f. Remove the second occurrence of Appendix E (entitled ‘‘(Advisory)— Guidelines for Employer Compliance’’). ■ g. In Appendix F, in Part A, redesignate the second paragraph (a) under ‘‘carcinogenicity in experimental animals’’ as paragraph (b) and revise Part D. The revisions read as follows: § 1910.1044 § 1910.1200 § 1910.1001 [Amended] ■ ■ [Amended] 6. Amend § 1910.1044 as follows: a. Remove the phrase ‘‘Class IIIA combustible liquid’’ and add in its place ‘‘Category 4 flammable liquid’’ wherever it appears in Appendix B. ■ ■ PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 * ■ ■ * * Hazard Communication. * * * Appendix A to § 1910.1200—Health Hazard Criteria (Mandatory) * E:\FR\FM\08FER1.SGM * * 08FER1 * * 9314 Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Rules and Regulations A.1 ACUTE TOXICITY * * * * * TABLE A.1.1—ACUTE TOXICITY HAZARD CATEGORIES AND ACUTE TOXICITY ESTIMATE (ATE) VALUES DEFINING THE RESPECTIVE CATEGORIES Exposure route Category 1 Category 3 ≤5 >5 and ≤ 50 ............... >50 and ≤ 300 ........... >300 and ≤ 2000. ≤ 50 >50 and ≤ 200 ........... >200 and ≤ 1000 ....... >1000 and ≤ 2000. ≤ 100 >100 and ≤ 500 ......... >500 and ≤ 2500 ....... >2500 and ≤ 20000. ≤ 0.5 >0.5 and ≤ 2.0 ........... >2.0 and ≤ 10.0 ......... >10.0 and ≤ 20.0. ≤ 0.05 Oral (mg/kg bodyweight) see: Note (a) ............................................................. Note (b) Dermal (mg/kg bodyweight) see: Note (a) ............................................................. Note (b) Inhalation—Gases (ppmV) see: Note (a) ............................................................. Note (b) Note (c) Inhalation—Vapors (mg/l) see: Note (a) ............................................................. Note (b) Note (c) Note (d) Inhalation—Dusts and Mists (mg/l) see: Note (a) ............................................................. Note (b) Note (c) Category 2 >0.05 and ≤ 0.5 ......... >0.5 and ≤ 1.0 ........... >1.0 and ≤ 5.0. * * A.2 SKIN CORROSION/IRRITATION <1% will affect classification of the mixture for skin corrosion/irritation, that ingredient shall also be considered relevant. * * * * * * * * * A.2.4 * * * A.2.4.3 * * * A.2.4.3.1. For purposes of classifying the skin corrosion/irritation hazards of mixtures in the tiered approach: The ‘‘relevant ingredients’’ of a mixture are those which are present in concentrations ≥1% (weight/weight for solids, liquids, dusts, mists and vapors and volume/volume for gases.) If the classifier has reason to suspect that an ingredient present at a concentration * * * * A.3 SERIOUS EYE DAMAGE/EYE IRRITATION * * * * * A.3.4 * * * A.3.4.3 * * * A.3.4.3.1 For purposes of classifying the eye corrosion/irritation hazards of mixtures in the tiered approach: The ‘‘relevant ingredients’’ of a mixture are those which are present in concentrations ≥1% (weight/weight for solids, liquids, dusts, mists and vapors and volume/volume for Category 4 gases.) If the classifier has reason to suspect that an ingredient present at a concentration <1% will affect classification of the mixture for eye corrosion/irritation, that ingredient shall also be considered relevant. * * * * * Appendix B to § 1910.1200—Physical Hazard Criteria (Mandatory) * * B.3 FLAMMABLE AEROSOLS * * B.3.2 * * * * * * * Classification Criteria * * * * TABLE B.3.1—CRITERIA FOR FLAMMABLE AEROSOLS Category Criteria 2 ...................... Contains ≥ 85% flammable components and the chemical heat of combustion is ≥ 30 kJ/g; or (a) For spray aerosols, in the ignition distance test, ignition occurs at a distance ≥ 75 cm (29.5 in), or (b) For foam aerosols, in the aerosol foam flammability test (i) The flame height is ≥ 20 cm (7.87 in) and the flame duration ≥ 2 s; or (ii) The flame height is ≥ 4 cm (1.57 in) and the flame duration ≥ 7 s Contains > 1% flammable components, or the heat of combustion is ≥ 20 kJ/g; and (a) for spray aerosols, in the ignition distance test, ignition occurs at a distance ≥ 15 cm (5.9 in), or in the enclosed space ignition test, the (i) Time equivalent is ≤ 300 s/m3; or (ii) Deflagration density is ≤ 300 g/m3 (b) For foam aerosols, in the aerosol foam flammability test, the flame height is ≥ 4 cm and the flame duration is ≥ 2 s and it does not meet the criteria for Category 1 * * wreier-aviles on DSK7SPTVN1PROD with RULES 1 ...................... * * * Appendix F to § 1910.1200—Guidance for Hazard Classifications Re: Carcinogenicity (Non-Mandatory) * * * VerDate Mar<15>2010 * * 14:10 Feb 07, 2013 Jkt 229001 Part D: Table Relating Approximate Equivalences Among IARC, NTP RoC, and GHS Carcinogenicity Classifications The following table may be used to perform hazard classifications for carcinogenicity under the HCS (§ 1910.1200). PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 It relates the approximated GHS hazard categories for carcinogenicity to the classifications provided by IARC and NTP, as described in Parts B and C of this Appendix. E:\FR\FM\08FER1.SGM 08FER1 Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Rules and Regulations 9315 APPROXIMATE EQUIVALENCES AMONG CARCINOGEN CLASSIFICATION SCHEMES IARC GHS Group 1 ........................................... Group 2A ......................................... Group 2B ......................................... Category 1A ................................... Category 1B ................................... Category 2 ..................................... Note 1: 1. Limited evidence of carcinogenicity from studies in humans (corresponding to IARC 2A/GHS 1B); 2. Sufficient evidence of carcinogenicity from studies in experimental animals (again, essentially corresponding to IARC 2A/GHS 1B); 3. Less than sufficient evidence of carcinogenicity in humans or laboratory animals; however: a. The agent, substance, or mixture belongs to a well-defined, structurally-related class of substances whose members are listed in a previous RoC as either ‘‘Known’’ or ‘‘Reasonably Anticipated’’ to be a human carcinogen, or b. There is convincing relevant information that the agent acts through mechanisms indicating it would likely cause cancer in humans. * * * * * PART 1915—OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD EMPLOYMENT Subpart Z—[Amended] 11. The authority citation for Part 1915 continues to read as follows: ■ Authority: Section 41, Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 941); 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 31160), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912), as applicable; and 29 CFR Part 1911. Section 1915.100 also issued under 49 U.S.C. 1801–1819 and 5 U.S.C. 553. Sections 1915.120 and 1915.152 of 29 CFR also issued under 29 CFR part 1911. NTP RoC Known. Reasonably Anticipated (See Note 1). Reasonably Anticipated (See Note 1). PART 1926—OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR CONSTRUCTION Subpart D—[Amended] 13. The authority citation for Part 1926 Subpart D continues to read as follows: ■ Authority: Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704); Sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and 657); and 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), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912) as applicable; and 29 CFR part 1911. Sections 1926.58, 1926.59, 1926.60, and 1926.65 also issued under 5 U.S.C. 553 and 29 CFR part 1911. Section 1926.61 also issued under 49 U.S.C. 1801–1819 and 6 U.S.C. 553. Section 1926.62 also issued under section 1031 of the Housing and Community Development Act of 1992 (42 U.S.C. 4853). Section 1926.65 also issued under section 126 of the Superfund Amendments and Reauthorization Act of 1986, as amended (reprinted at 29 U.S.C.A. 655 Note), and 5 U.S.C. 553. § 1926.64 [Amended] 14. Amend § 1926.64 as follows: a. Remove the words ‘‘material safety data sheet’’ and add in their place ‘‘safety data sheet’’ wherever they appear in Appendix C; ■ b. Remove the words ‘‘material safety data sheets’’ and add in their place ‘‘safety data sheets’’ wherever they appear in Appendix C; ■ c. Remove the acronym ‘‘MSDS’’ and add in its place ‘‘SDS’’ wherever it appears in Appendix C. ■ ■ § 1926.65 [Amended] 15. Amend § 1926.65 by removing the words ‘‘material safety data sheets’’ and adding in their place ‘‘safety data sheets’’ wherever they appear in Appendix E. ■ § 1915.1001 [Amended] 12. Amend § 1915.1001 by removing the words ‘‘Material Safety Data Sheet’’ and adding in their place ‘‘safety data sheet’’ and removing the acronym ‘‘MSDS’’ and adding in its place ‘‘SDS’’ in Appendix K, section 3.1.(e). wreier-aviles on DSK7SPTVN1PROD with RULES ■ Subpart Z—[Amended] 16. The authority citation for Part 1926 Subpart Z continues to read as follows: ■ Authority: Section 107 of the Contract Work Hours and Safety Standards Act (40 VerDate Mar<15>2010 14:10 Feb 07, 2013 Jkt 229001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 U.S.C. 3704); Sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); and 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), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912) as applicable; and 29 CFR part 1911. Section 1926.1102 not issued under 29 U.S.C. 655 or 29 CFR part 1911; also issued under 5 U.S.C. 553. § 1926.1101 [Amended] 17. Amend § 1926.1101 remove and reserve paragraph (k)(8)(v). ■ [FR Doc. 2013–01416 Filed 2–7–13; 8:45 am] BILLING CODE 4510–26–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2013–0013; FRL–9777–5] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Removal of the Mount Saint Mary’s College 1979 Consent Order Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: EPA is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the Maryland Department of the Environment (MDE) pertaining to the F. Keeler Company Boiler at Mount Saint Mary’s College. This revision removes the Mount Saint Mary’s College 1979 Consent Order (1979 Consent Order) from the Maryland SIP because the coal-fired F. Keeler Boiler has been modified by removing the coal-firing capability and converting the boiler to fire natural gas with No. 2 fuel oil as backup. EPA is approving this SIP revision because the 1979 Consent Order is no longer required as the modified gas-fired unit can comply with all visible emission and particulate requirements in the Maryland SIP, and this 1979 Consent Order is no longer required to satisfy any applicable Federal regulations or the Clean Air Act (CAA). This action is being taken under the CAA. SUMMARY: E:\FR\FM\08FER1.SGM 08FER1

Agencies

[Federal Register Volume 78, Number 27 (Friday, February 8, 2013)]
[Rules and Regulations]
[Pages 9311-9315]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01416]


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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, and 1926

[Docket No. OSHA-H022K-2006-0062 (formerly Docket No. H022K)]
RIN 1218-AC20


Hazard Communication; Corrections and Technical Amendment

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

ACTION: Final rule: correction and technical amendment.

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

SUMMARY: OSHA is correcting its regulations that were amended by the 
Hazard Communication Standard final rule, published in the Federal 
Register on March 26, 2012. The majority of the corrections are to 
references inadvertently missed in the original publication of the 
final rule. Other corrections include correcting values or notations in 
tables, and updating references to terms.

DATES: Effective: February 8, 2013.

FOR FURTHER INFORMATION CONTACT: 
    Press inquiries: Frank Meilinger, Director, Office of 
Communications, OSHA, Room N-3647, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
1999.
    General and technical information: Dorothy Dougherty, Director, 
Directorate of Standards and Guidance, OSHA, Room N-3718, U.S. 
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; 
telephone (202) 693-1950.

SUPPLEMENTARY INFORMATION: 

I. Background

    This notice corrects certain minor errors in the revisions to 
OSHA's Hazard Communication Standard, published at 77 FR 17574. The 
majority of these corrections change references in other OSHA standards 
made to ``material safety data sheet'' or ``MSDS'' to ``safety data 
sheet'' or ``SDS,'' which OSHA inadvertently missed in its original 
publication of the final rule. Other corrections include correcting 
values or notations in tables, and updating references to terms defined 
in the Hazard Communication Standard Final Rule, published on March 26, 
2012.

Correction of Publication

    The following corrections are made to the preamble to the final 
rule for the Hazard Communication Standard, published in the Federal 
Register on March 26, 2012 (77 FR 17574).
    1. In the Preamble, on p. 17686, in the third column, the seventh 
paragraph Estimated Total Burden Hours: 11.3 million hours is revised 
to read Estimated Total Burden Hours: 10,689,248 hours.
    2. In the Preamble, on p. 17755, in the third column, in the first 
paragraph the name ``David Levine'' is corrected to read ``Daniel 
Levine''.
    3. In the Preamble, on p. 17712, Table XIII-1, the ``>20%'' value 
for Specific target organ toxicity Category 3 is corrected to read 
``>=20%'' (both columns).
    4. In the Preamble, on p. 17751, Table XIII-5, Health Effects 
Column for Standard No. 1910.1051. ``Cancer; eye and respiratory tract 
irritation; center nervous system effects; and flammability'' is 
corrected to read

[[Page 9312]]

``Cancer; eye and respiratory tract irritation; central nervous system 
effects; and flammability.''
    The following table contains a summary of the codified changes made 
to the Hazard Communication final rule as it appeared at 77 FR 17574 
and is provided for the regulated community. The changes are listed by 
the Federal Register page number on which they can be found, the 
standard being corrected, and a summary of the correction being made.

----------------------------------------------------------------------------------------------------------------
                Page No.                            Standard                           Correction
----------------------------------------------------------------------------------------------------------------
Page 17776, third column................  Sec.   1910.119, paragraph   ``material safety data sheet'' and the
                                           (d)(1) and Appendix C.       acronym ``MSDS'' are corrected to
                                                                        ``safety data sheet'' and ``SDS'',
                                                                        respectively.
On p. 17776, third column...............  Sec.   1910.120, paragraph   ``material safety data sheet'' and the
                                           (g), Appendices A and E.     acronym ``MSDS'' are corrected to
                                                                        ``safety data sheet'' and ``SDS'',
                                                                        respectively.
On p. 17778, first column...............  Sec.   1910.1001, Appendix   ``material safety data sheet'' and the
                                           J.                           acronym ``MSDS'' are corrected to
                                                                        ``safety data sheet'' and ``SDS'',
                                                                        respectively.
On p. 17782, third column...............  Sec.   1910.1044, Appendix   Reference to ``Class IIIA combustible
                                           B.                           liquid'' is corrected to ``Category 4
                                                                        flammable liquid''.
On p. 17784, first column...............  Sec.   1910.1048, Appendix   The flammability class reference in
                                           A.                           Appendix A is updated to align with the
                                                                        Sec.   1910.1200.
On p. 17785, second column, second        Sec.   1910.1051 (l)(1)(ii)  ``center nervous system effects'' is
 paragraph.                                                             corrected to ``central nervous system
                                                                        effects''.
On p. 17785, second column..............  Sec.   1910.1052, Appendix   The example label language in Appendix A
                                           A.                           is removed and the Appendix is corrected
                                                                        to reference classification and label
                                                                        requirements provided in Sec.
                                                                        1910.1200. ``material safety data
                                                                        sheet'' and the acronym ``MSDS'' are
                                                                        corrected to ``safety data sheet'' and
                                                                        ``SDS''.
On p. 17786.............................  Sec.   1910.1200, Appendix   Remove the entire Appendix E entitled,
                                           E.                           ``Appendix E to Sec.   1910.1200--
                                                                        (Advisory)--Guidelines for Employer
                                                                        Compliance''.
On p. 17787.............................  Sec.   1910.1200,            Remove paragraphs (d)(4), (d)(5), and
                                           paragraphs (d)(4), (d)(5),   (d)(6).
                                           and (d)(6).
On p. 17791.............................  Sec.   1910.1200, Appendix   Remove the word ``Steward''.
                                           A, Table A.1.1 Note (a).
On p. 17791.............................  Sec.   1910.1200, Appendix   Dermal Category 1 value of ``<=5'' is
                                           A, Paragraph A.1.2, Table    corrected to read ``<=50''.
                                           A.1.1.
On p. 17797.............................  Sec.   1910.1200, Appendix   The concentration of ``relevant
                                           A, Paragraph A.2.4.3.1.      ingredients'' of a mixture is corrected
                                                                        from ``>1%'' to ``>=1%''.
On p. 17801.............................  Sec.   1910.1200, Appendix   The concentration of ``relevant
                                           A, Paragraph A.3.4.3.1.      ingredients'' of a mixture is corrected
                                                                        from ``>1%'' to ``>=1%''.
On p. 17818.............................  Sec.   1910.1200, Appendix   Reformat table to clarify application of
                                           B, Paragraph B.3.2, Table    hazard categories.
                                           B.3.1.
On p. 17886.............................  Sec.   1910.1200, Appendix   Correct the paragraph numbering in the
                                           F, Part A.                   first column. The second subsection
                                                                        under the heading Carcinogenicity in
                                                                        experimental animals is corrected to
                                                                        read ``(b)''.
On p. 17887.............................  Sec.   1910.1200, Appendix   The NTP RoC column of the Table is
                                           F, Part D.                   corrected to indicate that the text
                                                                        ``Reasonably Anticipated (See Note 1)''
                                                                        is intended to refer to both lines (IARC
                                                                        Group 2A and 2B, and GHS Category 1B and
                                                                        2), and the subparagraphs in paragraph 3
                                                                        of Note 1 are corrected to ``a'' and
                                                                        ``b'' rather than ``c'' and ``d''.
On p. 17888.............................  Sec.   1915.1001, Appendix   ``material safety data sheet'' and the
                                           K.                           acronym ``MSDS'' are corrected to
                                                                        ``safety data sheet'' and ``SDS'',
                                                                        respectively.
On p. 17890.............................  Sec.   1926.64, Appendix C.  ``material safety data sheet'' and the
                                                                        acronym ``MSDS'' are corrected to
                                                                        ``safety data sheet'' and ``SDS'',
                                                                        respectively.
On p. 17890.............................  Sec.   1926.65, Appendix E.  ``material safety data sheet'' is
                                                                        corrected to ``safety data sheet''.
On p. 17895.............................  Sec.   1926.1101, paragraph  Paragraphs (k)(8)(iv)(B) and (k)(8)(v)
                                           (k)(8)(v).                   are repetitive; paragraph (k)(8)(v) is
                                                                        designated as ``Reserved.''
----------------------------------------------------------------------------------------------------------------

II. Exemption From Notice-and-Comment Procedures

    Section 4 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), provides that, when an Agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the Agency may issue a final rule without 
providing notice and an opportunity for public comment. This rulemaking 
only corrects errors of a minor, mainly typographical nature and 
therefore does not affect or change any existing rights or obligations. 
OSHA has determined that there is good cause, pursuant to 5 U.S.C. 
553(b)(3)(B), Section 6(b) of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 655(b)), and 29 CFR 1911.5, for making this 
correctional amendment final without prior proposal and opportunity for 
comment because the rulemaking does not affect or change any existing 
rights or obligations, and no stakeholder is likely to object to them. 
For the same reasons, the Agency finds good cause under 5 U.S.C. 
553(d)(3) to make the amendment effective upon publication.

III. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary for Occupational 
Safety and Health, U.S. Department of Labor, 200 Constitution Avenue 
NW., Washington, DC 20210, authorized the preparation of this document. 
It is issued under the authority of sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); 5 
U.S.C. 553; Section 304, Clean Air Act Amendments of 1990 (Pub. L. 101-
549, reprinted at 29 U.S.C.A. 655 Note); Section 41, Longshore and 
Harbor Workers' Compensation Act (33 U.S.C. 941); Section 107, Contract 
Work Hours and Safety Standards Act (40 U.S.C. 3704); Section 1031, 
Housing and Community Development Act of 1992 (42 U.S.C. 4853); Section 
126, Superfund Amendments and Reauthorization Act of 1986, as

[[Page 9313]]

amended (reprinted at 29 U.S.C.A. 655 Note); Secretary of Labor's Order 
No. 1-2012 (77 FR 3912); and 29 CFR Part 1911.

David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

List of Subjects

29 CFR Part 1910

    Asbestos, Chemicals, Fire prevention, Hazard communication, 
Hazardous substances, Occupational safety and health.

29 CFR Part 1915

    Asbestos, Longshore and harbor workers, Occupational safety and 
health.

29 CFR Part 1926

    Asbestos, Construction industry, Fire prevention, Hazardous 
substances, Occupational safety and health.

    Accordingly, OSHA is amending 29 CFR parts 1910, 1915, and 1926 by 
making the following corrections and technical amendments:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart H--[Amended]

0
1. The authority citation for Part 1910 Subpart H 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), 
or 5-2007 (72 FR 31159), 4-2010 (75 FR 55355) or 1-2012 (77 FR 
3912), as applicable; and 29 CFR part 1911.
    Sections 1910.103, 1910.106 through 1910.111, and 1910.119, 
1910.120, and 1910.122 through 1910.126 also issued under 29 CFR 
part 1911.
    Section 1910.119 also issued under Section 304, Clean Air Act 
Amendments of 1990 (Pub. L. 101-549), reprinted at 29 U.S.C.A. 655 
Note.
    Section 1910.120 also issued under Section 126, Superfund 
Amendments and Reauthorization Act of 1986 as amended (29 U.S.C.A. 
655 Note), and 5 U.S.C. 553.


Sec.  1910.119  [Amended]

0
2. Amend Sec.  1910.119 as follows:
0
a. Remove the words ``Material Safety Data Sheets'' and add in their 
place ``safety data sheets'' in the note following paragraph (d)(1).
0
b. In Appendix C to Sec.  1910.119, remove ``material safety data sheet 
(MSDS)'' in the second paragraph in section 3 and add in its place 
``safety data sheet (SDS)'' and remove ``MSDS'' in the first paragraph 
in section 6 and add in its place ``SDSs''.
0
c. In Appendix C to Sec.  1910.119, remove the words ``material safety 
data sheets'' and add in their place ``safety data sheets'' in the 
seventh paragraph in section 13.


Sec.  1910.120  [Amended]

0
3. Amend Sec.  1910.120:
0
a. By removing the acronym ``MSDS'' and adding in its place ``SDS'' 
wherever it appears; and
0
b. In Appendix E to Sec.  1910.120, by removing the words ``material 
safety data sheets'' and adding in their place ``safety data sheets'' 
wherever they appear.

Subpart Z--[Amended]

0
4. The authority citation for Part 1910 Subpart Z continues to read as 
follows:

    Authority: Sections 4, 6, 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), 4-2010 (75 FR 55355), or 
1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.
    All of subpart Z issued under section 6(b) of the Occupational 
Safety and Health Act of 1970, except those substances that have 
exposure limits listed in Tables Z-1, Z-2, and Z-3 of 29 CFR 
1910.1000. The latter were issued under section 6(a) (29 U.S.C. 
655(a)).
    Section 1910.1000, Tables Z-1, Z-2 and Z-3 also issued under 5 
U.S.C. 553, but not under 29 CFR part 1911 except for the arsenic 
(organic compounds), benzene, cotton dust, and chromium (VI) 
listings.
    Section 1910.1001 also issued under section 107 of the Contract 
Work Hours and Safety Standards Act (40 U.S.C. 3704) and 5 U.S.C. 
553.
    Section 1910.1002 also issued under 5 U.S.C. 553, but not under 
29 U.S.C. 655 or 29 CFR part 1911.
    Sections 1910.1018, 1910.1029, and 1910.1200 also issued under 
29 U.S.C. 653.
    Section 1910.1030 also issued under Pub. L. 106-430, 114 Stat. 
1901.
    Section 1910.1201 also issued under 49 U.S.C. 1801-1819 and 5 
U.S.C. 533.


Sec.  1910.1001  [Amended]

0
5. Amend Sec.  1910.1001 as follows:
0
a. Remove the words ``material safety data sheet'' and add in their 
place ``safety data sheet'' wherever they appear in Appendix J;
0
b. Remove the acronym ``MSDS'' and add in its place ``SDS'' wherever it 
appears in Appendix J.


Sec.  1910.1044  [Amended]

0
6. Amend Sec.  1910.1044 as follows:
0
a. Remove the phrase ``Class IIIA combustible liquid'' and add in its 
place ``Category 4 flammable liquid'' wherever it appears in Appendix 
B.


Sec.  1910.1048  [Amended]

0
7. Amend Sec.  1910.1048 by removing the phrase ``Flammability Class 
(OSHA): III A'' and adding in its place ``Flammability (OSHA): Category 
4 flammable liquid'' wherever it appears in Appendix A.

0
8. Amend Sec.  1910.1051 by revising paragraph (l)(1)(ii) to read as 
follows:


Sec.  1910.1051  1,3-Butadiene.

* * * * *
    (l) * * *
    (1) * * *
    (ii) In classifying the hazards of BD at least the following 
hazards are to be addressed: Cancer; eye and respiratory tract 
irritation; central nervous system effects; and flammability.
* * * * *

0
9. Amend Sec.  1910.1052, in Appendix A, by revising paragraph E in 
section X to read as follows:


Sec.  1910.1052  Methylene Chloride.

* * * * *

Appendix A to Sec.  1910.1052--Substance Safety Data Sheet and 
Technical Guidelines for Methylene Chloride

* * * * *

X. Access to Information

* * * * *
    E. Your employer is required to provide labels and safety data 
sheets (SDSs) for all materials, mixtures or solutions composed of 
greater than 0.1 percent MC. These materials, mixtures or solutions 
would be classified and labeled in accordance with Sec.  1910.1200.
* * * * *

0
10. Amend Sec.  1910.1200 as follows:
0
a. Remove paragraphs (d)(4) through (6).
0
b. Remove the word ``Steward'' in Appendix A, Table A.1.1 Note (a).
0
c. Remove the value of ``<=5'' and add in its place ``<=50'' for Dermal 
Category 1 in Appendix A, paragraph A.1.2, Table A.1.1.
0
d. In Appendix A, revise paragraphs A.2.4.3.1 and A.3.4.3.1.
0
e. In Appendix B, in paragraph B.3.2, revise Table B.3.1.
0
f. Remove the second occurrence of Appendix E (entitled ``(Advisory)--
Guidelines for Employer Compliance'').
0
g. In Appendix F, in Part A, redesignate the second paragraph (a) under 
``carcinogenicity in experimental animals'' as paragraph (b) and revise 
Part D.
    The revisions read as follows:


Sec.  1910.1200  Hazard Communication.

* * * * *

Appendix A to Sec.  1910.1200--Health Hazard Criteria (Mandatory)

* * * * *

[[Page 9314]]

A.1 ACUTE TOXICITY

* * * * *

                Table A.1.1--Acute Toxicity Hazard Categories and Acute Toxicity Estimate (ATE) Values Defining the Respective Categories
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Exposure route             Category 1              Category 2                         Category 3                        Category 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Oral (mg/kg bodyweight)
    see: Note (a)..................         <= 5  >5 and <= 50.....................  >50 and <= 300...................  >300 and <= 2000.
    Note (b)
Dermal (mg/kg bodyweight)
    see: Note (a)..................        <= 50  >50 and <= 200...................  >200 and <= 1000.................  >1000 and <= 2000.
    Note (b)
Inhalation--Gases (ppmV)
    see: Note (a)..................       <= 100  >100 and <= 500..................  >500 and <= 2500.................  >2500 and <= 20000.
    Note (b)
    Note (c)
Inhalation--Vapors (mg/l)
    see: Note (a)..................       <= 0.5  >0.5 and <= 2.0..................  >2.0 and <= 10.0.................  >10.0 and <= 20.0.
    Note (b)
    Note (c)
    Note (d)
Inhalation--Dusts and Mists (mg/l)
    see: Note (a)..................      <= 0.05  >0.05 and <= 0.5.................  >0.5 and <= 1.0..................  >1.0 and <= 5.0.
    Note (b)
    Note (c)
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

A.2 SKIN CORROSION/IRRITATION

* * * * *
    A.2.4
    * * *
    A.2.4.3
    * * *
    A.2.4.3.1. For purposes of classifying the skin corrosion/
irritation hazards of mixtures in the tiered approach:
    The ``relevant ingredients'' of a mixture are those which are 
present in concentrations >=1% (weight/weight for solids, liquids, 
dusts, mists and vapors and volume/volume for gases.) If the 
classifier has reason to suspect that an ingredient present at a 
concentration <1% will affect classification of the mixture for skin 
corrosion/irritation, that ingredient shall also be considered 
relevant.
* * * * *

A.3 SERIOUS EYE DAMAGE/EYE IRRITATION

* * * * *
    A.3.4 * * *
    A.3.4.3 * * *
    A.3.4.3.1 For purposes of classifying the eye corrosion/
irritation hazards of mixtures in the tiered approach:
    The ``relevant ingredients'' of a mixture are those which are 
present in concentrations >=1% (weight/weight for solids, liquids, 
dusts, mists and vapors and volume/volume for gases.) If the 
classifier has reason to suspect that an ingredient present at a 
concentration <1% will affect classification of the mixture for eye 
corrosion/irritation, that ingredient shall also be considered 
relevant.
* * * * *

Appendix B to Sec.  1910.1200--Physical Hazard Criteria (Mandatory)

* * * * *

B.3 FLAMMABLE AEROSOLS

* * * * *

B.3.2 Classification Criteria

* * * * *

              Table B.3.1--Criteria for Flammable Aerosols
------------------------------------------------------------------------
           Category                             Criteria
------------------------------------------------------------------------
1............................  Contains >= 85% flammable components and
                                the chemical heat of combustion is >= 30
                                kJ/g; or
                               (a) For spray aerosols, in the ignition
                                distance test, ignition occurs at a
                                distance >= 75 cm (29.5 in), or
                               (b) For foam aerosols, in the aerosol
                                foam flammability test
                               (i) The flame height is >= 20 cm (7.87
                                in) and the flame duration >= 2 s; or
                               (ii) The flame height is >= 4 cm (1.57
                                in) and the flame duration >= 7 s
2............................  Contains > 1% flammable components, or
                                the heat of combustion is >= 20 kJ/g;
                                and
                               (a) for spray aerosols, in the ignition
                                distance test, ignition occurs at a
                                distance >= 15 cm (5.9 in), or
                               in the enclosed space ignition test, the
                               (i) Time equivalent is <= 300 s/m\3\; or
                               (ii) Deflagration density is <= 300 g/
                                m\3\
                               (b) For foam aerosols, in the aerosol
                                foam flammability test, the flame height
                                is >= 4 cm and the flame duration is >=
                                2 s
                               and it does not meet the criteria for
                                Category 1
------------------------------------------------------------------------

* * * * *

Appendix F to Sec.  1910.1200--Guidance for Hazard Classifications Re: 
Carcinogenicity (Non-Mandatory)

* * * * *

Part D: Table Relating Approximate Equivalences Among IARC, NTP RoC, 
and GHS Carcinogenicity Classifications

    The following table may be used to perform hazard 
classifications for carcinogenicity under the HCS (Sec.  1910.1200). 
It relates the approximated GHS hazard categories for 
carcinogenicity to the classifications provided by IARC and NTP, as 
described in Parts B and C of this Appendix.

[[Page 9315]]



    Approximate Equivalences Among Carcinogen Classification Schemes
------------------------------------------------------------------------
             IARC                      GHS                NTP RoC
------------------------------------------------------------------------
Group 1.......................  Category 1A......  Known.
Group 2A......................  Category 1B......  Reasonably
                                                    Anticipated (See
                                                    Note 1).
Group 2B......................  Category 2.......  Reasonably
                                                    Anticipated (See
                                                    Note 1).
------------------------------------------------------------------------

    Note 1:
    1. Limited evidence of carcinogenicity from studies in humans 
(corresponding to IARC 2A/GHS 1B);
    2. Sufficient evidence of carcinogenicity from studies in 
experimental animals (again, essentially corresponding to IARC 2A/
GHS 1B);
    3. Less than sufficient evidence of carcinogenicity in humans or 
laboratory animals; however:
    a. The agent, substance, or mixture belongs to a well-defined, 
structurally-related class of substances whose members are listed in 
a previous RoC as either ``Known'' or ``Reasonably Anticipated'' to 
be a human carcinogen, or
    b. There is convincing relevant information that the agent acts 
through mechanisms indicating it would likely cause cancer in 
humans.
* * * * *

PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD 
EMPLOYMENT

Subpart Z--[Amended]

0
11. The authority citation for Part 1915 continues to read as follows:

    Authority: Section 41, Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 941); 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 31160), 4-
2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable; and 29 
CFR Part 1911.
    Section 1915.100 also issued under 49 U.S.C. 1801-1819 and 5 
U.S.C. 553.
    Sections 1915.120 and 1915.152 of 29 CFR also issued under 29 
CFR part 1911.


Sec.  1915.1001  [Amended]

0
12. Amend Sec.  1915.1001 by removing the words ``Material Safety Data 
Sheet'' and adding in their place ``safety data sheet'' and removing 
the acronym ``MSDS'' and adding in its place ``SDS'' in Appendix K, 
section 3.1.(e).

PART 1926--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR 
CONSTRUCTION

Subpart D--[Amended]

0
13. The authority citation for Part 1926 Subpart D continues to read as 
follows:

    Authority: Section 107 of the Contract Work Hours and Safety 
Standards Act (40 U.S.C. 3704); Sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and 
657); and 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), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912) as applicable; 
and 29 CFR part 1911.
    Sections 1926.58, 1926.59, 1926.60, and 1926.65 also issued 
under 5 U.S.C. 553 and 29 CFR part 1911.
    Section 1926.61 also issued under 49 U.S.C. 1801-1819 and 6 
U.S.C. 553.
    Section 1926.62 also issued under section 1031 of the Housing 
and Community Development Act of 1992 (42 U.S.C. 4853).
    Section 1926.65 also issued under section 126 of the Superfund 
Amendments and Reauthorization Act of 1986, as amended (reprinted at 
29 U.S.C.A. 655 Note), and 5 U.S.C. 553.


Sec.  1926.64  [Amended]

0
14. Amend Sec.  1926.64 as follows:
0
a. Remove the words ``material safety data sheet'' and add in their 
place ``safety data sheet'' wherever they appear in Appendix C;
0
b. Remove the words ``material safety data sheets'' and add in their 
place ``safety data sheets'' wherever they appear in Appendix C;
0
c. Remove the acronym ``MSDS'' and add in its place ``SDS'' wherever it 
appears in Appendix C.


Sec.  1926.65  [Amended]

0
15. Amend Sec.  1926.65 by removing the words ``material safety data 
sheets'' and adding in their place ``safety data sheets'' wherever they 
appear in Appendix E.

Subpart Z--[Amended]

0
16. The authority citation for Part 1926 Subpart Z continues to read as 
follows:

    Authority: Section 107 of the Contract Work Hours and Safety 
Standards Act (40 U.S.C. 3704); Sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); and 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), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912) as applicable; 
and 29 CFR part 1911.
    Section 1926.1102 not issued under 29 U.S.C. 655 or 29 CFR part 
1911; also issued under 5 U.S.C. 553.


Sec.  1926.1101  [Amended]

0
17. Amend Sec.  1926.1101 remove and reserve paragraph (k)(8)(v).

[FR Doc. 2013-01416 Filed 2-7-13; 8:45 am]
BILLING CODE 4510-26-P