Record Requirements in the Mechanical Power Presses Standard, 21848-21849 [2014-08864]

Download as PDF 21848 Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Rules and Regulations Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone 817–321– 7716. SUPPLEMENTARY INFORMATION: History On January 8, 2014, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to amend Class E airspace for the Jefferson City, MO, area, modifying controlled airspace at Jefferson City Memorial Airport (79 FR 1342) Docket No. FAA–2013–0587. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Subsequent to publication, it was discovered that the geographic coordinates of the Jefferson City ILS did not coincide with those in the FAA’s aeronautical database. This action corrects those coordinates. Except for these changes, this action remains the same as that published in the NPRM. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9X dated August 7, 2013, and effective September 15, 2013, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. pmangrum on DSK3VPTVN1PROD with RULES The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by amending Class E airspace extending upward from 700 feet above the surface for standard instrument approach procedures at Jefferson City Memorial Airport, Jefferson City, MO. Airspace reconfiguration is necessary due to the decommissioning of the Noah NDB and the cancellation of the NDB approach. The segment northwest of the airport is now within 3.2 miles each side of the 303° bearing from the airport extending from the 6.6-mile radius to 14.3 miles. Controlled airspace is necessary for the safety and management of IFR operations at the airport. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a VerDate Mar<15>2010 14:13 Apr 17, 2014 Jkt 232001 routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends controlled airspace at Jefferson County Memorial Airport, Jefferson City, MO. Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface. * * * * * ACE MO E5 Jefferson City, MO [Amended] Jefferson City Memorial Airport, MO (Lat. 38°35′28″ N., long. 92°09′22″ W.) Jefferson City Memorial Airport ILS (Lat. 38°35′50″ N., long. 92°10′01″ W.) That airspace extending upward from 700 feet above the surface within a 6.6-mile radius of Jefferson City Memorial Airport, and within 3.2 miles each side of the 303° bearing from the airport extending from the 6.6-mile radius to 14.3 miles northwest of the airport, and within 4 miles each side of the Jefferson City Memorial Airport ILS localizer course extending from the 6.6-mile radius to 11.8 miles southeast of the airport. Issued in Fort Worth, Texas, on April 2, 2014. Kent M. Wheeler, Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2014–08773 Filed 4–17–14; 8:45 am] BILLING CODE 4910–13–P Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9X, Airspace Designations and Reporting Points, dated August 7, 2013, and effective September 15, 2013, is amended as follows: ■ PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1910 [Docket No. OSHA–2013–0010] RIN 1218–AC80 Record Requirements in the Mechanical Power Presses Standard Occupational Safety and Health Administration (OSHA), Department of Labor. ACTION: Final rule; confirmation of effective date. AGENCY: On November 20, 2013, OSHA published in the Federal Register a direct final rule that revised records contained in the Mechanical Power Press Standard. OSHA stated in that document that it would withdraw the companion proposed rule and confirm the effective date of the final rule if the Agency received no significant adverse comments on the direct final rule or the proposal. Since OSHA received no such significant adverse comments on the direct final rule or the proposal, the Agency now confirms that the direct final rule became effective as a final rule on February 18, 2013. DATES: The direct final rule published on November 20, 2013 (78 FR 69543), became effective as a final rule on February 18, 2014. For the purposes of judicial review, OSHA considers April 18, 2014, the date of issuance of the final rule. SUMMARY: E:\FR\FM\18APR1.SGM 18APR1 Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Rules and Regulations In compliance with 28 U.S.C. 2112(a), OSHA designates the Associate Solicitor of Labor for Occupational Safety and Health as the recipient of petitions for review of the final standard. Contact Joseph M. Woodward, Associate Solicitor, at the Office of the Solicitor, Room S–4004, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693–5445; email: woodward.joseph@dol.gov. FOR FURTHER INFORMATION CONTACT: General information and press inquiries: Contact Frank Meilinger, Director, OSHA Office of Communications, Room N–3647, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693–1999; email: meilinger.francis2@dol.gov. Technical information: Contact Todd Owen, Directorate of Standards and Guidance, Room N–3609, OSHA, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693–2260; fax: (202) 693–1663; email: owen.todd@dol.gov. SUPPLEMENTARY INFORMATION: Copies of this Federal Register notice: Electronic copies of this Federal Register notice are available at https:// www.regulations.gov. This Federal Register notice, as well as news releases and other relevant information, also are available at OSHA’s Web page at https://www.osha.gov. Confirmation of the effective date: On November 20, 2014, OSHA published a direct final rule (DFR) in the Federal Register revising paragraphs (e)(1)(i) and (e)(1)(ii) of OSHA’s Mechanical Power Presses Standard at 29 CFR 1910.217. The DFR revised paragraph (e)(1)(i) of OSHA’s Mechanical Power Presses Standard at 29 CFR 1910.217 to require that employers perform and complete necessary maintenance and repair on their mechanical power presses, and to develop and maintain certification records of these tasks. The DFR also removed requirements from paragraph (e)(1)(ii) of this standard to develop and maintain certification records for weekly inspections and tests performed on mechanical power presses. The revisions made in this final rule maintain the safety previously afforded to employees by these provisions, while substantially reducing paperwork burden hours and cost to employers. In the DFR, OSHA stated that it would confirm the effective date of the DFR as a final rule if it received no significant adverse comments on the direct final rule or the proposal. OSHA received two comments, neither of which was a significant adverse comment (see ID: pmangrum on DSK3VPTVN1PROD with RULES ADDRESSES: VerDate Mar<15>2010 14:13 Apr 17, 2014 Jkt 232001 OSHA–2013–0010–0003 and OSHA– 2013–0010–004 in the docket for this rulemaking). Accordingly, OSHA is confirming the effective date of the final rule. The first commenter, Ms. Teresa Brown of University of Memphis, expressed concern that the proposed revisions would prevent employers from ascertaining whether employees who operate mechanical power presses received adequate training for these operations. In addition, Ms. Brown believed that the proposed revisions would require employers to use only computers to develop and maintain training records (ID: OSHA–2013–0010– 0003). OSHA notes that the final rule does not revise the training requirements or the recordkeeping requirements for training specified in the Mechanical Power Presses Standard. In addition, the final rule does not revise the means that employers can use to meet the information-collection requirements specified by this standard. For recordkeeping purposes, the recordkeeping requirements specified by the final rule are still written in performance-oriented language, i.e., in terms of what information to collect rather than how to collect the information. Mr. Tim Hutchison submitted the second comment. Mr. Hutchison asked how would OSHA ‘‘know if [a] repair was not performed when noted’’ and ‘‘[h]ow will [OSHA] determine a ‘willful’ violation’’ (ID: OSHA–2013– 0010–0004). In response to these questions, OSHA notes that paragraph (e)(1)(i) previously required employers to inspect all parts, auxiliary equipment, and safeguards of mechanical power presses on a periodic and regular basis, and to maintain certification records showing that they conducted the inspections; this provision did not require employers to perform any maintenance or repair tasks found necessary during the inspections, much less document such tasks. This final rule revises paragraph (e)(1)(i) to require that employers conduct periodic and regular inspections of each press and, before operating the press, perform and complete any maintenance or repair task found necessary during the inspections. In addition, employers must maintain certification records of inspections conducted and any maintenance and repairs performed during the inspections. These maintenance and repair records, supplemented by employee interviews, will permit OSHA to determine if an employer performed necessary maintenance and repairs on a press before operating it. The Agency will determine whether a violation of PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 21849 these requirements is willful based on OSHA’s Field Operations Manual (FOM).1 List of Subjects in 29 CFR Parts 1910 Mechanical power presses, Occupational safety and health, Safety. Authority and Signature David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210, authorized the preparation of this final rule. OSHA is issuing this final rule pursuant to 29 U.S.C. 653, 655, and 657, 5 U.S.C. 553, Secretary of Labor’s Order 1–2012 (77 FR 3912), and 29 CFR part 1911. Signed at Washington, DC, on April 14, 2014. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2014–08864 Filed 4–17–14; 8:45 am] BILLING CODE 4510–26–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2013–0683; FRL–9909–66– Region 9] Revisions to the California State Implementation Plan, El Dorado County Air Quality Management District Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is finalizing approval of revisions to the El Dorado County Air Quality Management District (EDAQMD) portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on October 25, 2013 and concerns negative declarations for volatile organic compound (VOC) source categories for EDAQMD. We are approving these negative declarations under the Clean Air Act (CAA or the Act). SUMMARY: This rule will be effective on May 19, 2014. ADDRESSES: EPA has established docket number EPA–R09–OAR–2013–0683 for this action. Generally, documents in the DATES: 1 See the FOM, CPL 02–00–150, Ch. 4, § V, pp. 4– 28 to 4–29 (Apr. 22, 2011), available on OSHA’s Web page. E:\FR\FM\18APR1.SGM 18APR1

Agencies

[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Rules and Regulations]
[Pages 21848-21849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08864]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. OSHA-2013-0010]
RIN 1218-AC80


Record Requirements in the Mechanical Power Presses Standard

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

ACTION: Final rule; confirmation of effective date.

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

SUMMARY: On November 20, 2013, OSHA published in the Federal Register a 
direct final rule that revised records contained in the Mechanical 
Power Press Standard. OSHA stated in that document that it would 
withdraw the companion proposed rule and confirm the effective date of 
the final rule if the Agency received no significant adverse comments 
on the direct final rule or the proposal. Since OSHA received no such 
significant adverse comments on the direct final rule or the proposal, 
the Agency now confirms that the direct final rule became effective as 
a final rule on February 18, 2013.

DATES: The direct final rule published on November 20, 2013 (78 FR 
69543), became effective as a final rule on February 18, 2014. For the 
purposes of judicial review, OSHA considers April 18, 2014, the date of 
issuance of the final rule.

[[Page 21849]]


ADDRESSES: In compliance with 28 U.S.C. 2112(a), OSHA designates the 
Associate Solicitor of Labor for Occupational Safety and Health as the 
recipient of petitions for review of the final standard. Contact Joseph 
M. Woodward, Associate Solicitor, at the Office of the Solicitor, Room 
S-4004, U.S. Department of Labor, 200 Constitution Avenue NW., 
Washington, DC 20210; telephone: (202) 693-5445; email: 
woodward.joseph@dol.gov.

FOR FURTHER INFORMATION CONTACT: General information and press 
inquiries: Contact Frank Meilinger, Director, OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Avenue NW., Washington, DC 20210; telephone: (202) 693-1999; email: 
meilinger.francis2@dol.gov.
    Technical information: Contact Todd Owen, Directorate of Standards 
and Guidance, Room N-3609, OSHA, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
2260; fax: (202) 693-1663; email: owen.todd@dol.gov.

SUPPLEMENTARY INFORMATION: Copies of this Federal Register notice: 
Electronic copies of this Federal Register notice are available at 
https://www.regulations.gov. This Federal Register notice, as well as 
news releases and other relevant information, also are available at 
OSHA's Web page at https://www.osha.gov.
    Confirmation of the effective date: On November 20, 2014, OSHA 
published a direct final rule (DFR) in the Federal Register revising 
paragraphs (e)(1)(i) and (e)(1)(ii) of OSHA's Mechanical Power Presses 
Standard at 29 CFR 1910.217. The DFR revised paragraph (e)(1)(i) of 
OSHA's Mechanical Power Presses Standard at 29 CFR 1910.217 to require 
that employers perform and complete necessary maintenance and repair on 
their mechanical power presses, and to develop and maintain 
certification records of these tasks. The DFR also removed requirements 
from paragraph (e)(1)(ii) of this standard to develop and maintain 
certification records for weekly inspections and tests performed on 
mechanical power presses. The revisions made in this final rule 
maintain the safety previously afforded to employees by these 
provisions, while substantially reducing paperwork burden hours and 
cost to employers.
    In the DFR, OSHA stated that it would confirm the effective date of 
the DFR as a final rule if it received no significant adverse comments 
on the direct final rule or the proposal. OSHA received two comments, 
neither of which was a significant adverse comment (see ID: OSHA-2013-
0010-0003 and OSHA-2013-0010-004 in the docket for this rulemaking). 
Accordingly, OSHA is confirming the effective date of the final rule.
    The first commenter, Ms. Teresa Brown of University of Memphis, 
expressed concern that the proposed revisions would prevent employers 
from ascertaining whether employees who operate mechanical power 
presses received adequate training for these operations. In addition, 
Ms. Brown believed that the proposed revisions would require employers 
to use only computers to develop and maintain training records (ID: 
OSHA-2013-0010-0003). OSHA notes that the final rule does not revise 
the training requirements or the recordkeeping requirements for 
training specified in the Mechanical Power Presses Standard. In 
addition, the final rule does not revise the means that employers can 
use to meet the information-collection requirements specified by this 
standard. For recordkeeping purposes, the recordkeeping requirements 
specified by the final rule are still written in performance-oriented 
language, i.e., in terms of what information to collect rather than how 
to collect the information.
    Mr. Tim Hutchison submitted the second comment. Mr. Hutchison asked 
how would OSHA ``know if [a] repair was not performed when noted'' and 
``[h]ow will [OSHA] determine a `willful' violation'' (ID: OSHA-2013-
0010-0004). In response to these questions, OSHA notes that paragraph 
(e)(1)(i) previously required employers to inspect all parts, auxiliary 
equipment, and safeguards of mechanical power presses on a periodic and 
regular basis, and to maintain certification records showing that they 
conducted the inspections; this provision did not require employers to 
perform any maintenance or repair tasks found necessary during the 
inspections, much less document such tasks. This final rule revises 
paragraph (e)(1)(i) to require that employers conduct periodic and 
regular inspections of each press and, before operating the press, 
perform and complete any maintenance or repair task found necessary 
during the inspections. In addition, employers must maintain 
certification records of inspections conducted and any maintenance and 
repairs performed during the inspections. These maintenance and repair 
records, supplemented by employee interviews, will permit OSHA to 
determine if an employer performed necessary maintenance and repairs on 
a press before operating it. The Agency will determine whether a 
violation of these requirements is willful based on OSHA's Field 
Operations Manual (FOM).\1\
---------------------------------------------------------------------------

    \1\ See the FOM, CPL 02-00-150, Ch. 4, Sec.  V, pp. 4-28 to 4-29 
(Apr. 22, 2011), available on OSHA's Web page.
---------------------------------------------------------------------------

List of Subjects in 29 CFR Parts 1910

    Mechanical power presses, Occupational safety and health, Safety.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210, authorized the 
preparation of this final rule. OSHA is issuing this final rule 
pursuant to 29 U.S.C. 653, 655, and 657, 5 U.S.C. 553, Secretary of 
Labor's Order 1-2012 (77 FR 3912), and 29 CFR part 1911.

     Signed at Washington, DC, on April 14, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-08864 Filed 4-17-14; 8:45 am]
BILLING CODE 4510-26-P

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