Walking-Working Surfaces, Personal Protective Equipment (Fall Protection Systems), and Special Industries (Electric Power Generation, Transmission, and Distribution); Corrections, 68794-68797 [2019-27114]
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68794
Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Rules and Regulations
and a foreign payee, the broker or dealer
that has an ongoing customer
relationship with the foreign payee with
respect to that transaction (generally the
clearing firm) must determine whether
the potential section 871(m) transaction
is a section 871(m) transaction.
(iv) Responsible party for certain
structured notes, warrants, and
convertible instruments. When a
potential section 871(m) transaction is a
structured note, warrant, convertible
stock, or convertible debt, the issuer is
the party responsible for determining
whether a potential section 871(m)
transaction is a section 871(m)
transaction.
*
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(5) Example. The following example
illustrates the rules of paragraph (p) of
this section.
(i) Example 1: Responsible party for a
transaction with multiple broker-dealers. (A)
Facts. CO is a domestic clearing organization
and is not a broker as defined in paragraph
(a)(1) of this section. CO serves as a central
counterparty clearing and settlement service
provider for derivatives exchanges in the
United States. EB and CB are brokers
organized in the United States and members
of CO. FC, a foreign corporation, instructs EB
to execute the purchase of a call option that
is a specified ELI (as described in paragraph
(e) of this section). EB effects the trade for FC
on the exchange and then, as instructed by
FC, transfers the option to CB to be cleared
with CO. The exchange matches FC’s order
with an order for a written call option with
the same terms and then sends the matched
trade to CO, which clears the trade. CB and
the clearing member representing the person
who sold the call option settle the trade with
CO. Upon receiving the matched trade, the
option contracts are novated and CO becomes
the counterparty to CB and the counterparty
to the clearing member representing the
person who sold the call option.
(B) Analysis. Both EB and CB are brokerdealers acting on behalf of FC for a potential
section 871(m) transaction. Under paragraph
(p)(1)(iii) of this section, however, only CB is
required to make the determinations
described in paragraph (p) of this section
because CB has the ongoing customer
relationship with FC with respect to the call
option.
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(ii) [Reserved]
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Sunita Lough,
Deputy Commissioner for Services and
Enforcement.
Approved: November 14, 2019.
David J. Kautter,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2019–26977 Filed 12–16–19; 8:45 am]
BILLING CODE 4830–01–P
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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1910
Walking-Working Surfaces, Personal
Protective Equipment (Fall Protection
Systems), and Special Industries
(Electric Power Generation,
Transmission, and Distribution);
Corrections
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Final rule; corrections to
standards.
AGENCY:
OSHA is issuing corrections
to the Walking-Working Surfaces,
Personal Protective Equipment, and
Special Industries standards.
DATES: The effective date for the
corrections to the standards is December
17, 2019.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Frank Meilinger,
Director, OSHA Office of
Communications; telephone: (202) 693–
1999; email: meilinger.francis2@dol.gov.
General and technical information:
Mark Hagemann, Director, Office of
Safety Systems, OSHA Directorate of
Standards and Guidance; telephone:
(202) 693–2222; email:
hagemann.mark@dol.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Summary and Explanation
Ladders (§ 1910.23)
Current § 1910.23(d)(4) requires
employers to ensure that the side rails
of through or side-step ladders extend
42 inches above the top of the access
level or landing platform served by the
ladder. As stated in the preamble to the
final rule, the agency intended workers
to have sufficient handholds ‘‘at least 42
inches’’ above the highest level on
which they will step when reaching the
access level (81 FR 82494, 82542).
OSHA is correcting this error by
revising § 1910.23(d)(4) to state that 42
inches is the minimum—not the exact—
measurement for fixed ladder side rail
extensions.
Stairways (§ 1910.25)
Current § 1910.25(a) sets forth the
types of stairways covered under this
section. These include all stairways
except for stairs serving floating roof
tanks, stairs on scaffolds, stairs designed
into machines or equipment, and stairs
on self-propelled motorized equipment.
In this correction, OSHA is clarifying
that articulated stairs, which were
excluded from coverage by the rule
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adopted in 1971 (36 FR 10474), as well
as by the rule proposed in 1990 (55 FR
13360, 13363), are not covered by the
current standard. In the 2010 proposed
rule and the 2016 final rule, OSHA
referred to these stairs as ‘‘stairs serving
floating roof tanks’’ but did not call
them ‘‘articulated stairs.’’ (75 FR 28862,
28882; 81 FR at 82555). OSHA is now
clarifying that all articulated stairs used
in general industry, not just those
serving floating roof tanks, remain
excluded from coverage by § 1910.25.
By not including this exception, the
standard would require all articulated
stairs that do not serve floating roof
tanks, including those that were
previously excluded, to meet the
requirements set forth in § 1910.25.
OSHA did not intend for any types of
articulated stairs to be covered by the
standard.
The figure at 29 CFR 1910.25(c)
immediately after Table D–1 does not
have a title even though it is referred to
as Figure D–8 in § 1910.25(c)(4). The
title of the figure was included in the
proposed rule (75 FR at 29137) but
mistakenly left out of the final rule (81
FR at 82989). This document adds the
missing title to the figure: ‘‘Figure D–8—
Dimensions of Standard Stairs’’.
Scaffolds and Rope Descent Systems
(§ 1910.27)
In paragraph (b)(1)(i) of § 1910.27,
OSHA is correcting a typographical
error in the metric parenthetical for
5,000 pounds. The parenthetical
currently states the metric equivalent to
5,000 pounds is 268 kg. The correct
metric equivalent is 2,268 kg.
Fall Protection Systems and Falling
Object Protection—Criteria and
Practices (§ 1910.29)
OSHA is correcting Figure D–11 to
include labels identifying the top rail
and end post in the top diagram of the
figure. The words ‘‘top rail’’ and ‘‘end
post’’ were mistakenly omitted when
the final rule was published in the
Federal Register (81 FR at 82995).
Personal Fall Protection Systems
(§ 1910.140)
Current § 1910.140(c)(8) requires Drings, snaphooks, and carabiners to be
proof tested to a minimum tensile load
of 3,600 pounds without cracking,
breaking, or incurring permanent
deformation. The provision also
requires the gate strength of snaphooks
and carabiners to be proof tested to
3,600 pounds in all directions. In the
November 18, 2016, final rule (81 FR at
82653), OSHA intended to be consistent
with the ANSI/ASSE Z359.12–2009
consensus standard, Connecting
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Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Rules and Regulations
(§§ 1910.25(d)(2)(i) and (iii) and
1910.26(c)(3)(iii)) that are not the correct
references. OSHA is revising
§ 1910.269(h)(2) by replacing the
incorrect references with the correct
references, which are § 1910.23(c)(4)
and (9).
Components for Personal Fall Arrest
Systems. That consensus standard
requires snaphooks, carabiners, and Drings (and other hardware) to be proof
tested to 3,600 pounds (ANSI/ASSE
Z359.12–2009, section 3.1.1.6) and
requires the gate of snaphooks and
carabiners to be capable of withstanding
a minimum load of 3,600 pounds
without the gate separating from the
nose of the snaphook or carabiner body
by more than 0.125 inches (ANSI/ASSE
Z359.12–2009, section 3.1.1.3). OSHA
correctly added the first requirement to
the 2016 final rule—namely the
requirement that snaphooks, carabiners,
and D-rings be proof tested to 3,600
pounds. When it came to the gate
strength requirement, OSHA mistakenly
added the requirement that the gate
strength of snaphooks and carabiners be
proof tested to 3,600 pounds in all
directions instead of adding the
intended requirement that the gate of
snaphooks and carabiners be capable of
withstanding a minimum load of 3,600
pounds without the gate separating from
the nose of the snaphook or carabiner
body by more than 0.125 inches. It
should also be noted that proof testing
of the gates of snaphooks and carabiners
could be destructive to the equipment,
rendering them unsafe for workers in
the field. In this document, OSHA is
correcting the gate strength provision to
be consistent with the national
consensus standard, as originally
intended, and as stated in letters of
interpretation to the National
Association of Tower Erectors (NATE)
(see response to question 5 here: https://
www.osha.gov/laws-regs/standard
interpretations/2017-08-18) and the
International Safety Equipment
Association (ISEA) (see response to
question 1 here: https://www.osha.gov/
laws-regs/standardinterpretations/201708-31).
Signed at Washington, DC.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor
for Occupational Safety and Health.
Electric Power Generation,
Transmission, and Distribution
(§ 1910.269)
Section 1910.269(h)(2) contains
references to ladder standards
Final Regulatory Text
For the reasons set forth in the
preamble, OSHA amends part 1910 of
title 29 of the Code of Federal
Regulations as follows:
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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 only corrects typographical,
formatting, and clerical errors, and
provides more information about the
requirements of some provisions. As it
does not affect or change any existing
rights or obligations, no stakeholder is
likely to object to these corrections.
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 in 29 CFR Part 1910
Special industries, Walking-working
surfaces.
Authority and Signature
This document was prepared under
the direction of Loren Sweatt, Principal
Deputy Assistant Secretary of Labor for
Occupational Safety and Health. This
action is taken pursuant to 29 U.S.C.
653, 655, 657; Secretary of Labor’s Order
1–2012 (77 FR 3912 (1/25/2012)), and
29 CFR part 1911.
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68795
PART 1910—OCCUPATIONAL SAFETY
AND HEALTH STANDARDS
Subpart D—Walking-Working Surfaces
1. The authority citation for part 1910,
subpart D, continues 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), and 1–2012 (77
FR 3912), as applicable; and 29 CFR part
1911.
2. Amend § 1910.23 by revising
paragraph (d)(4) to read as follows:
■
§ 1910.23
Ladders.
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(d) * * *
(4) The side rails of through or sidestep ladders extend at least 42 inches
(1.1 m) above the top of the access level
or landing platform served by the
ladder. For parapet ladders, the access
level is:
(i) The roof, if the parapet is cut to
permit passage through the parapet; or
(ii) The top of the parapet, if the
parapet is continuous;
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3. Amend § 1910.25 by revising
paragraph (a) and the figure following
Table D–1 in paragraph (c)(5) to read as
follows:
■
§ 1910.25
Stairways.
(a) Application. This section covers
all stairways (including standard, spiral,
ship, and alternating tread-type stairs),
except for articulated stairs (stairs that
change pitch due to change in height at
the point of attachment) such as those
serving floating roof tanks, stairs on
scaffolds, stairs designed into machines
or equipment, and stairs on selfpropelled motorized equipment.
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(c) * * *
(5) * * *
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Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Rules and Regulations
Scaffolds and rope descent
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(b) * * *
(1) * * *
(i) Before any rope descent system is
used, the building owner must inform
the employer, in writing that the
building owner has identified, tested,
certified, and maintained each
anchorage so it is capable of supporting
at least 5,000 pounds (2,268 kg), in any
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§ 1910.29 Fall protection systems and
falling object protection—criteria and
practices.
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Subpart I—Personal Protective
Equipment
6. The authority citation for part 1910,
subpart I, continues to read as follows:
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(b) * * *
(1) The top edge height of top rails, or
equivalent guardrail system members,
are 42 inches (107 cm), plus or minus
3 inches (8 cm), above the walkingworking surface. The top edge height
may exceed 45 inches (114 cm),
provided the guardrail system meets all
other criteria of paragraph (b) of this
section (see Figure D–11 of this section).
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Sfmt 4700
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),
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§ 1910.27
systems.
direction, for each employee attached.
The information must be based on an
annual inspection by a qualified person
and certification of each anchorage by a
qualified person, as necessary, and at
least every 10 years.
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■ 5. Amend § 1910.29 by revising
paragraph (b)(1) and Figure D–11 to read
as follows:
ER17DE19.018</GPH>
4. Amend § 1910.27 by revising
paragraph (b)(1)(i) to read as follows:
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68797
Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Rules and Regulations
or 1–2012 (77 FR 3912), as applicable, and
29 CFR part 1911.
7. Amend § 1910.140 by revising
paragraph (c)(8) to read as follows:
■
§ 1910.140
systems.
Personal fall protection
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(c) * * *
(8) D-rings, snaphooks, and carabiners
must be proof tested to a minimum
tensile load of 3,600 pounds (16 kN)
without cracking, breaking, or incurring
permanent deformation. The gate
strength of snaphooks and carabiners
must be capable of withstanding a
minimum load of 3,600 pounds (16 kN)
without the gate separating from the
nose of the snaphook or carabiner body
by more than 0.125 inches (3.175 mm).
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8. The authority citation for part 1910,
subpart R, continues 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),
5–2007 (72 FR 31159), 4–2010 (75 FR 55355),
or 1–2012 (77 FR 3912), as applicable; and
29 CFR part 1911.
9. Amend § 1910.269 by revising
paragraph (h)(2) introductory text to
read as follows:
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BILLING CODE 4510–26–P
This action is effective December
16, 2019, through April 30, 2020.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Management
Specialist, (978) 281–9232.
Federal
regulations at 50 CFR 648.85(b)(6)(vi)
authorize the Regional Administrator to
close the Regular B Days-at-Sea (DAS)
program by prohibiting the use of
Regular B DAS when the continuation
of the program would undermine the
achievement of the objectives of the
Northeast Multispecies Fishery
Management Plan (FMP) or the Regular
B DAS Program.
Framework Adjustment 58 to the
Northeast Multispecies FMP (84 FR
34799, July 19, 2019) implemented
Common Pool Incidental Catch Total
Allowable Catches (TAC) for the Regular
B DAS Program for the 2019 and 2020
fishing years, listed in Table 1 below.
The Incidental Catch TAC for Gulf of
Maine (GOM) Cod is very small, at 242.5
lb (110 kg).
SUPPLEMENTARY INFORMATION:
50 CFR Part 648
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Closure of the Regular B
Days-at-Sea Program for the
Remainder of Fishing Year 2019
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
closure.
AGENCY:
This action closes the Regular
B Days-at-Sea Program and prohibits the
use of Regular B Days-at-Sea for all
Northeast multispecies vessels for the
*
remainder of fishing year 2019, through
April 30, 2020. This action is being
taken because the common pool fishery
is projected to have caught 77 percent
of the Incidental Catch Total Allowable
Catch for Gulf of Maine Cod. We have
projected that continuation of the
program would undermine the
achievements of the objectives of the
Northeast Multispecies Fishery
Management Plan and the Regular B
Days-at-Sea Program.
DATES:
SUMMARY:
§ 1910.269 Electric power generation,
transmission, and distribution.
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(h) * * *
[FR Doc. 2019–27114 Filed 12–16–19; 8:45 am]
[Docket No. 151211999–6343–02; RTID
0648–XX021]
Subpart R—Special Industries
*
(2) Special ladders and platforms.
Portable ladders used on structures or
conductors in conjunction with
overhead line work need not meet
§ 1910.23(c)(4) and (9). Portable ladders
and platforms used on structures or
conductors in conjunction with
overhead line work shall meet the
following requirements:
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TABLE 1—FISHING YEARS 2019–2020 INCIDENTAL CATCH TACS FOR THE REGULAR B DAS PROGRAM
[mt, live weight]
Stock
2019
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Georges Bank (GB) Cod ...................................................................................................................................
GOM Cod ...........................................................................................................................................................
GB Yellowtail Flounder ......................................................................................................................................
Cape Cod/GOM Yellowtail Flounder .................................................................................................................
American Plaice .................................................................................................................................................
Witch Flounder ...................................................................................................................................................
Southern New England/Mid-Atlantic Winter Flounder .......................................................................................
Based on information reported
through October 12, 2019, the common
pool fishery is projected to have caught
approximately 186 lb (84.4 kg), or 77
percent of the 242.5-lb (110-kg)
Incidental Catch Total Allowable Catch
(TAC) for GOM cod.
The trip limit for GOM cod for
common pool vessels participating in
the Regular B DAS Program is 25 lb per
trip. At this trip limit, the common pool
fishing has only two trips remaining
before it achieves the Incidental Catch
TAC.
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Given the current trip limit, and past
fishing behavior, the common pool may
achieve or exceed the GOM Cod
Incidental Catch TAC in a very short
amount of time. Additionally, this may
happen sooner if effort in the Regular B
DAS Program increases. Even at the
current low level of effort in the Regular
B DAS Program, we may not be able to
close the program in time to prevent the
common pool from exceeding the GOM
Cod Incidental Catch TAC, which
would be detrimental to the fishery.
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0.54
0.11
0.02
0.21
1.57
1.15
0.74
(1,190.5 lb)
(242.5 lb)
(44.1 lb)
(463.0 lb)
(3,461.3 lb)
(2,535.3 lb)
(1,631.4 lb)
2020
0.67
0.11
0.04
0.21
1.46
1.15
0.74
(1477.1 lb)
(242.5 lb)
(88.2 lb)
(463.0 lb)
(3,218.7 lb)
(2,535.3 lb)
(1,631.4 lb)
As a result, it is unlikely that we can
effectively limit catch to the GOM Cod
Incidental Catch TAC during the
remainder of fishing year 2019. We
project that continuation of the Regular
B DAS program would undermine the
achievement of the objectives of the
Northeast Multispecies FMP and the
Regular B DAS Program. Effective
December 16, 2019, the Regular B DAS
Program is closed and use of Regular B
DAS is prohibited for the remainder of
the 2019 fishing year, through April 30,
2020. This applies to all vessels issued
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]]>Agencies
[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Rules and Regulations]
[Pages 68794-68797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27114]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
Walking-Working Surfaces, Personal Protective Equipment (Fall
Protection Systems), and Special Industries (Electric Power Generation,
Transmission, and Distribution); Corrections
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Final rule; corrections to standards.
-----------------------------------------------------------------------
SUMMARY: OSHA is issuing corrections to the Walking-Working Surfaces,
Personal Protective Equipment, and Special Industries standards.
DATES: The effective date for the corrections to the standards is
December 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Frank Meilinger, Director, OSHA Office of
Communications; telephone: (202) 693-1999; email:
[email protected].
General and technical information: Mark Hagemann, Director, Office
of Safety Systems, OSHA Directorate of Standards and Guidance;
telephone: (202) 693-2222; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Summary and Explanation
Ladders (Sec. 1910.23)
Current Sec. 1910.23(d)(4) requires employers to ensure that the
side rails of through or side-step ladders extend 42 inches above the
top of the access level or landing platform served by the ladder. As
stated in the preamble to the final rule, the agency intended workers
to have sufficient handholds ``at least 42 inches'' above the highest
level on which they will step when reaching the access level (81 FR
82494, 82542). OSHA is correcting this error by revising Sec.
1910.23(d)(4) to state that 42 inches is the minimum--not the exact--
measurement for fixed ladder side rail extensions.
Stairways (Sec. 1910.25)
Current Sec. 1910.25(a) sets forth the types of stairways covered
under this section. These include all stairways except for stairs
serving floating roof tanks, stairs on scaffolds, stairs designed into
machines or equipment, and stairs on self-propelled motorized
equipment. In this correction, OSHA is clarifying that articulated
stairs, which were excluded from coverage by the rule adopted in 1971
(36 FR 10474), as well as by the rule proposed in 1990 (55 FR 13360,
13363), are not covered by the current standard. In the 2010 proposed
rule and the 2016 final rule, OSHA referred to these stairs as ``stairs
serving floating roof tanks'' but did not call them ``articulated
stairs.'' (75 FR 28862, 28882; 81 FR at 82555). OSHA is now clarifying
that all articulated stairs used in general industry, not just those
serving floating roof tanks, remain excluded from coverage by Sec.
1910.25. By not including this exception, the standard would require
all articulated stairs that do not serve floating roof tanks, including
those that were previously excluded, to meet the requirements set forth
in Sec. 1910.25. OSHA did not intend for any types of articulated
stairs to be covered by the standard.
The figure at 29 CFR 1910.25(c) immediately after Table D-1 does
not have a title even though it is referred to as Figure D-8 in Sec.
1910.25(c)(4). The title of the figure was included in the proposed
rule (75 FR at 29137) but mistakenly left out of the final rule (81 FR
at 82989). This document adds the missing title to the figure: ``Figure
D-8--Dimensions of Standard Stairs''.
Scaffolds and Rope Descent Systems (Sec. 1910.27)
In paragraph (b)(1)(i) of Sec. 1910.27, OSHA is correcting a
typographical error in the metric parenthetical for 5,000 pounds. The
parenthetical currently states the metric equivalent to 5,000 pounds is
268 kg. The correct metric equivalent is 2,268 kg.
Fall Protection Systems and Falling Object Protection--Criteria and
Practices (Sec. 1910.29)
OSHA is correcting Figure D-11 to include labels identifying the
top rail and end post in the top diagram of the figure. The words ``top
rail'' and ``end post'' were mistakenly omitted when the final rule was
published in the Federal Register (81 FR at 82995).
Personal Fall Protection Systems (Sec. 1910.140)
Current Sec. 1910.140(c)(8) requires D-rings, snaphooks, and
carabiners to be proof tested to a minimum tensile load of 3,600 pounds
without cracking, breaking, or incurring permanent deformation. The
provision also requires the gate strength of snaphooks and carabiners
to be proof tested to 3,600 pounds in all directions. In the November
18, 2016, final rule (81 FR at 82653), OSHA intended to be consistent
with the ANSI/ASSE Z359.12-2009 consensus standard, Connecting
[[Page 68795]]
Components for Personal Fall Arrest Systems. That consensus standard
requires snaphooks, carabiners, and D-rings (and other hardware) to be
proof tested to 3,600 pounds (ANSI/ASSE Z359.12-2009, section 3.1.1.6)
and requires the gate of snaphooks and carabiners to be capable of
withstanding a minimum load of 3,600 pounds without the gate separating
from the nose of the snaphook or carabiner body by more than 0.125
inches (ANSI/ASSE Z359.12-2009, section 3.1.1.3). OSHA correctly added
the first requirement to the 2016 final rule--namely the requirement
that snaphooks, carabiners, and D-rings be proof tested to 3,600
pounds. When it came to the gate strength requirement, OSHA mistakenly
added the requirement that the gate strength of snaphooks and
carabiners be proof tested to 3,600 pounds in all directions instead of
adding the intended requirement that the gate of snaphooks and
carabiners be capable of withstanding a minimum load of 3,600 pounds
without the gate separating from the nose of the snaphook or carabiner
body by more than 0.125 inches. It should also be noted that proof
testing of the gates of snaphooks and carabiners could be destructive
to the equipment, rendering them unsafe for workers in the field. In
this document, OSHA is correcting the gate strength provision to be
consistent with the national consensus standard, as originally
intended, and as stated in letters of interpretation to the National
Association of Tower Erectors (NATE) (see response to question 5 here:
https://www.osha.gov/laws-regs/standardinterpretations/2017-08-18) and
the International Safety Equipment Association (ISEA) (see response to
question 1 here: https://www.osha.gov/laws-regs/standardinterpretations/2017-08-31).
Electric Power Generation, Transmission, and Distribution (Sec.
1910.269)
Section 1910.269(h)(2) contains references to ladder standards
(Sec. Sec. 1910.25(d)(2)(i) and (iii) and 1910.26(c)(3)(iii)) that are
not the correct references. OSHA is revising Sec. 1910.269(h)(2) by
replacing the incorrect references with the correct references, which
are Sec. 1910.23(c)(4) and (9).
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 only corrects typographical, formatting,
and clerical errors, and provides more information about the
requirements of some provisions. As it does not affect or change any
existing rights or obligations, no stakeholder is likely to object to
these corrections. 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 in 29 CFR Part 1910
Special industries, Walking-working surfaces.
Authority and Signature
This document was prepared under the direction of Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health. This action is taken pursuant to 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order 1-2012 (77 FR 3912 (1/25/2012)), and 29 CFR
part 1911.
Signed at Washington, DC.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
Final Regulatory Text
For the reasons set forth in the preamble, OSHA amends part 1910 of
title 29 of the Code of Federal Regulations as follows:
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Subpart D--Walking-Working Surfaces
0
1. The authority citation for part 1910, subpart D, continues 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), and 1-2012 (77 FR 3912), as applicable; and 29 CFR
part 1911.
0
2. Amend Sec. 1910.23 by revising paragraph (d)(4) to read as follows:
Sec. 1910.23 Ladders.
* * * * *
(d) * * *
(4) The side rails of through or side-step ladders extend at least
42 inches (1.1 m) above the top of the access level or landing platform
served by the ladder. For parapet ladders, the access level is:
(i) The roof, if the parapet is cut to permit passage through the
parapet; or
(ii) The top of the parapet, if the parapet is continuous;
* * * * *
0
3. Amend Sec. 1910.25 by revising paragraph (a) and the figure
following Table D-1 in paragraph (c)(5) to read as follows:
Sec. 1910.25 Stairways.
(a) Application. This section covers all stairways (including
standard, spiral, ship, and alternating tread-type stairs), except for
articulated stairs (stairs that change pitch due to change in height at
the point of attachment) such as those serving floating roof tanks,
stairs on scaffolds, stairs designed into machines or equipment, and
stairs on self-propelled motorized equipment.
* * * * *
(c) * * *
(5) * * *
[[Page 68796]]
[GRAPHIC] [TIFF OMITTED] TR17DE19.018
0
4. Amend Sec. 1910.27 by revising paragraph (b)(1)(i) to read as
follows:
Sec. 1910.27 Scaffolds and rope descent systems.
* * * * *
(b) * * *
(1) * * *
(i) Before any rope descent system is used, the building owner must
inform the employer, in writing that the building owner has identified,
tested, certified, and maintained each anchorage so it is capable of
supporting at least 5,000 pounds (2,268 kg), in any direction, for each
employee attached. The information must be based on an annual
inspection by a qualified person and certification of each anchorage by
a qualified person, as necessary, and at least every 10 years.
* * * * *
0
5. Amend Sec. 1910.29 by revising paragraph (b)(1) and Figure D-11 to
read as follows:
Sec. 1910.29 Fall protection systems and falling object protection--
criteria and practices.
* * * * *
(b) * * *
(1) The top edge height of top rails, or equivalent guardrail
system members, are 42 inches (107 cm), plus or minus 3 inches (8 cm),
above the walking-working surface. The top edge height may exceed 45
inches (114 cm), provided the guardrail system meets all other criteria
of paragraph (b) of this section (see Figure D-11 of this section).
* * * * *
[GRAPHIC] [TIFF OMITTED] TR17DE19.019
* * * * *
Subpart I--Personal Protective Equipment
0
6. The authority citation for part 1910, subpart I, continues 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),
[[Page 68797]]
or 1-2012 (77 FR 3912), as applicable, and 29 CFR part 1911.
0
7. Amend Sec. 1910.140 by revising paragraph (c)(8) to read as
follows:
Sec. 1910.140 Personal fall protection systems.
* * * * *
(c) * * *
(8) D-rings, snaphooks, and carabiners must be proof tested to a
minimum tensile load of 3,600 pounds (16 kN) without cracking,
breaking, or incurring permanent deformation. The gate strength of
snaphooks and carabiners must be capable of withstanding a minimum load
of 3,600 pounds (16 kN) without the gate separating from the nose of
the snaphook or carabiner body by more than 0.125 inches (3.175 mm).
* * * * *
Subpart R--Special Industries
0
8. The authority citation for part 1910, subpart R, continues 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), 5-2007 (72 FR 31159), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.
0
9. Amend Sec. 1910.269 by revising paragraph (h)(2) introductory text
to read as follows:
Sec. 1910.269 Electric power generation, transmission, and
distribution.
* * * * *
(h) * * *
(2) Special ladders and platforms. Portable ladders used on
structures or conductors in conjunction with overhead line work need
not meet Sec. 1910.23(c)(4) and (9). Portable ladders and platforms
used on structures or conductors in conjunction with overhead line work
shall meet the following requirements:
* * * * *
[FR Doc. 2019-27114 Filed 12-16-19; 8:45 am]
BILLING CODE 4510-26-P
