

[Federal Register: April 3, 2006 (Volume 71, Number 63)]
[Rules and Regulations]               
[Page 16669-16675]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap06-15]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1913, 1915, and 1926

 
Technical Amendments

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

ACTION: Final rule; corrections and technical amendments.

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SUMMARY: The Department of Labor is conducting an ongoing review of its 
regulations to update non-substantive or nomenclature references in the 
Code of Federal Regulations (CFR). As part of this review, OSHA has 
identified safety and health rules needing correction or technical 
amendment. The revisions do not affect the substantive requirements or 
coverage of the standards involved, modify or revoke existing rights 
and obligations, or establish new rights and obligations. The revisions 
include updating references and removing obsolete effective dates and 
startup dates from existing Agency standards.

DATES: April 3, 2006.

FOR FURTHER INFORMATION CONTACT: Press inquiries: Kevin Ropp, OSHA

[[Page 16670]]

Office of Communications, Room N-3647, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-
1999. General and technical information: Michael Seymour, OSHA 
Directorate of Standards and Guidance, Room N-3718, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone: 
(202) 693-1950. For additional copies of this Federal Register notice, 
contact the Office of Publications, OSHA, U.S. Department of Labor, 
Room N-3101, 200 Constitution Avenue, NW., Washington, DC 20210; 
telephone: (202) 693-1888. Electronic copies of this Federal Register 
notice, as well as news releases and other relevant documents, are 
available at OSHA's Web site on the Internet at http://www.osha.gov.


SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor's strategic outcome goal 4.2 measures the 
Department's success in creating a regulatory structure that promotes 
compliance flexibility and reduces regulatory burdens. As part of this 
strategic goal, the Department of Labor is conducting an on-going 
review of its regulations to update non-substantive or nomenclature 
references in the Code of Federal Regulations (CFR). The Department is 
also publishing in the Federal Register a notice amending references in 
Employment Standards Administration and Mine Safety and Health 
Administration standards.
    As part of this effort, OSHA, in reviewing its regulations, has 
found some errors, some incorrect references and some obsolete 
provisions. In this corrections and technical amendments document, OSHA 
is addressing those items. OSHA has made similar technical revisions in 
the past to correct errors. OSHA believes that this action will 
increase employee protection and facilitate employer compliance by 
improving employer and employee understanding of the affected 
provisions.
    The revisions do not affect the substantive requirements or 
coverage of the standards involved, modify or revoke existing rights 
and obligations, or establish new rights and obligations. Therefore, 
the Agency has determined that these revisions do not require notice-
and-comment rulemaking. The rule does not change employers' compliance 
costs. Employers, for example, are not required to purchase new 
equipment or acquire additional skills or expertise. Accordingly, OSHA 
concludes that no economic or regulatory flexibility analysis of this 
rule is necessary and certifies that the rule will not have a 
significant impact on a substantial number of small entities. Because 
this final rule does not affect the substantive requirements of the 
standards, the Department of Labor has determined that delaying the 
effective date of the rule is unnecessary and good cause exists under 5 
U.S.C. 553 (b)(3) to make this rule effective immediately upon 
publication in the Federal Register.

II. Summary and Explanation

    With this rulemaking, OSHA is revising the following standards and 
regulations:

A. Effective Dates and Startup Dates

    In the safety standards for general industry (29 CFR part 1910), 
paragraph (a)(2) of Sec.  1910.178 (``Powered industrial trucks'') 
refers to effective dates specified in paragraph (b) of former Sec.  
1910.182 (``Effective dates''). OSHA removed Sec.  1910.182 during an 
earlier rulemaking, making this reference obsolete. (See 61 FR 9227.) 
Therefore, the Agency is removing the reference to Sec.  1910.182(b) 
from Sec.  1910.178(a)(2).
    Several additional safety standards for general industry have 
provisions that contain references to expired effective dates, 
including: Sec.  1910.266 (``Logging operations''), the entry entitled 
``j. Effective date'' in the table of contents listed in paragraph (a), 
as well as paragraph (j) (``Effective date''); and the single-sentence 
standard, Sec.  1910.441 (``Effective date''), that specifies the 
effective date for the general-industry diving standards in subpart T 
(``Commercial Diving Operations''). Accordingly, OSHA is removing: the 
entry ``j. Effective date'' in paragraph (a), as well as paragraph (j), 
from Sec.  1910.266; and the one-sentence standard, Sec.  1910.441, 
from subpart T.
    The Agency notes that a number of provisions among OSHA's 
substance-specific standards for general industry (part 1910) contain 
expired effective dates and/or startup dates, including: Paragraph (p) 
of Sec.  1910.95 (``Occupational noise exposure''); paragraph (n) of 
Sec.  1910.134 (``Respiratory protection''); paragraph (f) of Sec.  
1910.1000 (``Air contaminants''); paragraph (o) of Sec.  1910.1001 
(``Asbestos''); paragraph (o) of Sec.  1910.1017 (``Vinyl chloride''); 
paragraphs (s) and (u) of Sec.  1910.1018 (``Inorganic arsenic''); 
paragraphs (p) and (r), and Section XIV (``Effective Date--Paragraph 
(P)'') of Appendix B (``Employee Standard Summary'') of Sec.  1910.1025 
(``Lead''); paragraph (m) of Sec.  1910.1028 (``Benzene''); paragraph 
(o) of Sec.  1910.1029 (``Coke oven emissions''); paragraphs 
(g)(2)(ii)(B) and (g)(2)(iii) of Sec.  1910.1030 (``Bloodborne 
pathogens''); paragraph (m) of Sec.  1910.1043 (``Cotton dust''); 
paragraph (s) of Sec.  1910.1045 (``Acrylonitrile''); paragraph (m) of 
Sec.  1910.1047 (``Ethylene oxide''); paragraph (p) of Sec.  1910.1048 
(``Formaldehyde''); paragraphs (p) and (r) of Sec.  1910.1050 
(``Methylenedianiline''); paragraph (n) of Sec.  1910.1051 (``1,3-
Butadiene''); paragraph (n) of Sec.  1910.1052 (``Methylene 
chloride''); and paragraph (k) of Sec.  1910.1450 (``Occupational 
exposure to hazardous chemicals in laboratories''). The Agency is 
removing these provisions from the respective standards because the 
effective and/or startup dates they contain in the standards are now 
fully effective and are no longer relevant for pending enforcement 
cases.
    In part 1913 (``Rules of Agency Practice and Procedure Concerning 
OSHA Access to Employee Medical Records''), paragraph (n) of Sec.  
1913.10 (``Rules of agency practice and procedure concerning OSHA 
access to employee medical records'') specifies an effective date that 
expired over 20 years ago. Accordingly, the Agency is removing 
paragraph (n) from Sec.  1913.10.
    Among the standards for shipyard employment (part 1915), paragraph 
(q) of Sec.  1915.1001 (``Asbestos'') specifies an effective date and 
startup dates. These provisions of this standard are now fully 
effective, so OSHA is removing paragraph (q) from Sec.  1915.1001.
    The Agency also finds that the following provisions of part 1926 
(``Safety and Health Regulations for Construction'') contain expired 
effective dates and/or startup dates: paragraphs (q) and (s) of Sec.  
1926.60 (``Methylenedianiline''), paragraphs (p) and (r), and Section 
XIV (``Effective Date--Paragraph (P)'') of Appendix B (``Employee 
Standard Summary'') of Sec.  1926.62 (``Lead''); paragraph (q) of Sec.  
1926.1101 (``Asbestos''); and paragraph (p) of Sec.  1926.1127 
(``Cadmium''). With this rulemaking, OSHA is removing these paragraphs 
from the respective standards.
    Subpart Y (``Diving'') of part 1926 contains a standard, Sec.  
1926.1092 (``Effective date''), that refers to an obsolete general 
industry standard (Sec.  1910.441; ``Effective date''). Accordingly, 
the Agency is removing Sec.  1926.1092 from the diving standards for 
the construction industry.
    A number of provisions in parts 1910, 1915, and 1926 refer to the 
effective date of a standard as a number of days after the date of 
publication in the Federal Register and not to a specific month,

[[Page 16671]]

day, and year. In this rulemaking, OSHA is also removing expired 
effective dates in this form.

B. References to Former Sec.  1910.20 (``Access to Employee Exposure 
and Medical Records'')

    In an earlier rulemaking (see 61 FR 9227), OSHA revised the 
designation of former Sec.  1910.20 to Sec.  1910.1020. However, this 
previous rulemaking did not revise references to Sec.  1910.20 
contained in various (usually recordkeeping) provisions of a number its 
standards and regulations.
    For each of the following paragraphs in parts 1910 (``Occupational 
Safety and Health Standards'') and 1913 (``Rules of Agency Practice and 
Procedure Concerning OSHA Access to Employee Medical Records''), OSHA 
is removing the reference to Sec.  1910.20 and replacing it with a 
reference to the new designation, Sec.  1910.1020: Sec.  1910.95 
(``Occupational noise exposure''), paragraph (m)(4); Sec.  1910.120 
(``Hazardous waste operations and emergency response''), paragraph 
(f)(8)(i); Sec.  1910.440 (``Recordkeeping requirements''), paragraph 
(b)(2); Sec.  1910.1001 (``Asbestos''), paragraphs (m)(3)(i), 
(m)(3)(iii), (m)(5)(ii), (m)(5)(iii), and (m)(6)(i); Sec.  1910.1003 
(``13 Carcinogens (4-nitrobiphenyl, etc.''), paragraph (g)(2)(ii); 
Sec.  1910.1017 (``Vinyl chloride''), paragraphs (m)(2) and (m)(3); 
Sec.  1910.1018 (``Inorganic arsenic''), paragraphs (q)(3)(ii) and 
(q)(4)(iv); Sec.  1910.1025 (``Lead''), paragraphs (n)(4)(ii) and 
(n)(5)(iv); Sec.  1910.1027 (``Cadmium''), paragraphs (m)(4)(iii)(H), 
(n)(1)(iii), (n)(3)(iii), (n)(5)(i), and (n)(6); Sec.  1910.1029 
(``Coke oven emissions''), paragraphs (m)(3)(ii) and (m)(4)(iv); Sec.  
1910.1030 (``Bloodborne pathogens''), paragraphs (h)(1)(i), (h)(1)(iv), 
(h)(3)(iii), and (h)(4)(i); Sec.  1910.1043 (``Cotton dust''), 
paragraphs (k)(3)(ii) and (k)(4)(iv); Sec.  1910.1044 (``1,2-Dibromo-3-
chloropropane''), paragraphs (p)(3)(ii) and (p)(4)(iv); Sec.  1910.1045 
(``Acrylonitrile''), paragraphs (q)(4)(ii) and (q)(5)(iv); Sec.  
1910.1047 (``Ethylene oxide''), paragraphs (k)(2)(iii), (k)(3)(i), 
(k)(3)(iii), (k)(4)(ii), (k)(4)(iii), and (k)(5)(i); Sec.  1910.1048 
(``Formaldehyde''), paragraphs (o)(6)(ii) and (o)(6)(iii); Sec.  
1910.1050 (``Methylenedianiline''), paragraphs (n)(3)(i), (n)(3)(iii), 
(n)(4)(i), (n)(4)(iv), (n)(6)(ii), (n)(6)(iii), and (n)(7)(i); Sec.  
1910.1051 (``1,3-Butadiene''), paragraphs (m)(2)(iii), (m)(4)(iii), 
(m)(5)(ii), and (m)(6)(ii); and Sec.  1913.10 (``Rules of agency 
practice and procedure concerning OSHA access to employee medical 
records''), paragraphs (b)(1), (b)(3), (b)(4), (d)(4)(i), and (e)(3).
    OSHA is also revising the reference to Sec.  1910.20 in several 
paragraphs of part 1915 (``Occupational Safety and Health Standards for 
Shipyard Employment''). These paragraphs are: Sec.  1915.1001 
(Asbestos), paragraphs (n)(2)(iii), (n)(3)(i), (n)(3)(iii), (n)(7)(ii), 
(n)(7)(iii), and (n)(8)(i).
    A number of paragraphs in part 1926 (``Safety and Health 
Regulations for Construction'') also refer incorrectly to Sec.  
1910.20. Therefore, the Agency is revising these paragraphs to refer 
instead to Sec.  1926.33, the construction standard that regulates 
access to employee exposure and medical records: Sec.  1926.60 
(``Methylenedianiline''), paragraphs (o)(4)(iii), (o)(5)(i), 
(o)(5)(iii), (o)(7)(ii), (o)(7)(iii), and (o)(8)(i); Sec.  1926.62 
(``Lead''), paragraphs (n)(1)(iii), (n)(2)(iv), and (n)(6)(iv); Sec.  
1926.800 (``Underground construction''), paragraph (j)(3); and Sec.  
1926.1101 (``asbestos''), paragraphs (n)(2)(iii), (n)(3)(i), 
(n)(3)(iii), (n)(7)(ii), (n)(7)(iii), and (n)(8)(i).

C. Removal or Correction of Other Outdated Provisions and References

1. Access to Employee Exposure and Medical Records (Sec.  1910.1020)
    One of the trade-secret provisions of this standard, paragraph 
(f)(4)(v), specifies that health professionals, employees, or 
designated representatives who request access to trade-secret 
information from an employer must ``agree not to release the 
information * * * other than to OSHA, as provided in paragraph (f)(9) 
of this section * * *.'' However, paragraph (f)(9) addresses how the 
requesting party can obtain redress from OSHA if an employer denies 
access to trade-secret information, while paragraph (f)(7) of the 
standard discusses releasing trade-secret information to the Agency if 
the requesting party decides that a need to do so exists. Therefore, 
paragraph (f)(4)(v) of the standard should refer to paragraph (f)(7), 
not paragraph (f)(9), when addressing the release of trade-secret 
information to OSHA. By this rulemaking, the Agency is correcting this 
reference.
2. Cadmium (Sec.  1910.1027 and Sec.  1926.1127)
    Paragraph (q)(1) in each of OSHA's cadmium standards contains a 
reference to Appendix C. The Agency deleted Appendix C during an 
earlier rulemaking (see 63 FR 1152); therefore, it is removing existing 
paragraph (q)(1) from these standards.
3. Benzene (Sec.  1910.1028)
    The last sentence in paragraph (n) of this standard states, ``The 
protocols for respiratory fit testing in Appendix E of this section are 
mandatory.'' However, the Agency removed Appendix E from this standard 
in a previous rulemaking (see 63 FR 1152). Therefore, OSHA is deleting 
this entire sentence from paragraph (n) of the standard.
4. Formaldehyde (Sec.  1910.1048)
    Appendix A of the formaldehyde standard refers to Appendix E in the 
last sentence of the paragraph designated ``Respiratory Protection'' in 
the section titled ``Protective Equipment and Clothing.'' However, the 
Agency removed Appendix E from this standard in a previous rulemaking 
(see 63 FR 1152). Therefore, OSHA is deleting the reference to Appendix 
E from this paragraph and section of Appendix A.
5. Methylenedianiline (Sec.  1910.1050 and Sec.  1926.60)
    Paragraph (f)(8)(iii) of Sec.  1926.60 reads, ``Maintain records of 
the corrective actions in accordance with paragraph (n) of this 
section.'' The reference paragraph in this provision should be 
paragraph (o) (``Recordkeeping''), not paragraph (n) (``Medical 
surveillance''). The Agency is revising the provision accordingly.
    The last sentence in paragraph (q) of Sec.  1910.1050 and paragraph 
(r) of Sec.  1926.60 states, ``The protocols for respiratory fit 
testing in appendix E of this section are mandatory.'' However, the 
Agency removed Appendix E from both these standards in a previous 
rulemaking (see 63 FR 1296). Therefore, OSHA is deleting this entire 
sentence from paragraphs (q) and (r), respectively, of these standards.
6. 1,3-Butadiene (Sec.  1910.1051)
    Paragraph (n) contains effective and start-up dates. The Agency is 
removing paragraph (n) from this standard because the start-up dates 
have expired. However, one start-up date is still current, paragraph 
(n)(2)(i), which requires employers to conduct initial monitoring 
within 60 days of introducing 1,3-Butadiene (BD) into the workplace. 
OSHA is preserving this requirement by adding a sentence to paragraph 
(d)(2)(i) that reads: ``The initial monitoring required under this 
paragraph shall be completed within 60 days of the introduction of BD 
into the workplace.''
7. Lead (Sec.  1926.62)
    Paragraph (d)(2)(v)(F) of this standard specifies that, until 
employers perform exposure assessments according to

[[Page 16672]]

paragraph (d) of the standard, they must provide designated employees 
with interim protection, including ``training as required by paragraph 
(l)(2)(ii)(C) of this section, regarding the use of respirators[.]'' 
However, paragraph (l)(2)(iii) of this standard regulates training for 
the proper selection, fitting, use, and limitations of respirator use 
and there is no paragraph (l)(2)(ii)(C). Accordingly, the Agency is 
removing the reference to paragraph (l)(2)(ii)(C) in paragraph 
(d)(2)(v)(F) of the standard and replacing it with a reference to the 
correct reference, paragraph (l)(2)(iii) of the standard.
8. Structural Steel Assembly (Sec.  1926.754)
    Section 1926.754 (c)(2), Slip resistance of metal decking, is a 
reserved section that has no text and therefore is being removed.

III. Authority

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 651, 655, and 657); Section 41 of the 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); 
Section 107 of the Contract Work Hours and Safety Standards Act (40 
U.S.C. 3704); Secretary of Labor's Order 5-2002 (67 FR 65008); 29 
CFR part 1911; and the Administrative Procedures Act (5 U.S.C 553).

    Jonathan L. Snare, Acting Assistant Secretary of Labor, U.S. 
Department of Labor, 200 Constitution Ave, NW., Washington, DC 20210 
directed the preparation of this notice.

    Signed at Washington, DC, this 3rd day of March, 2006.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.

List of Subjects

29 CFR Part 1910

    Airborne lead; Blood lead; Blood-lead analysis; Coke-oven 
emissions; Construction; Effective date; Employee information; Exposure 
record; Fit-testing record; Formaldehyde; Initial exposure monitoring; 
Medical record; Methylenedianiline; Part 1910, Index; Recordkeeping; 
Respirators; Respiratory protection; Respirator training; Respirator 
selection; Startup date; Trade-secret information; 1,3-Butadiene; 13 
Carcinogens.

29 CFR Part 1913

    Record access; Effective date; Exposure record; Medical record; 
Startup date; Privacy.

29 CFR Part 1915

    Asbestos; Effective date; Exposure record; Medical record; 
Respirators; Respiratory protection; Shipyards; Startup date.

29 CFR Part 1926

    Airborne lead; Blood lead; Coke oven emissions; Construction; 
Effective date; Exposure record; Lead exposure; Medical record; 
Methylenedianiline; Recordkeeping; Respirator training; Startup date.

Amendments to Standards

0
In accordance with Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, and 657), Section 41 of the 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941), Section 
107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 
3704), the Administrative Procedures Act (5 U.S.C. 553(b)(3)(B)), 
Secretary of Labor's Order No. 5-2002 (67 FR 65008), and 29 CFR 1911 as 
applicable, the Agency corrects 29 CFR parts 1908, 1910, 1913, 1915, 
1917, 1918, and 1926 by making the following corrections and technical 
amendments:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Part 1910 [Nomenclature change]

0
1. In 29 CFR part 1910, remove the reference ``Sec.  1910.20'' and add, 
in its place, the reference ``Sec.  1910.1020'' in the following 
paragraphs:
0
a. Sec.  1910.95(m)(4)
0
b. Sec.  1910.120(f)(8)(i)
0
c. Sec.  1910.440(b)(2)
0
d. Sec.  1910.1001(m)(3)(i), (m)(3)(iii), (m)(5)(ii), (m)(5)(iii), and 
(m)(6)(i)
0
e. Sec.  1910.1003(g)(2)(ii)
0
f. Sec.  1910.1017(m)(2) introductory text and (m)(3)
0
g. Sec.  1910.1018(q)(3)(ii) and (q)(4)(iv)
0
h. Sec.  1910.1025(n)(4)(ii) and (n)(5)(iv)
0
i. Sec.  1910.1027(m)(4)(iii)(H), (n)(1)(iii), (n)(3)(iii), (n)(5)(i), 
and (n)(6)
0
j. Sec.  1910.1029(m)(3)(ii) and (m)(4)(iv)
0
k. Sec.  1910.1030(h)(1)(i), (h)(1)(iv), (h)(3)(iii), and (h)(4)(i)
0
l. Sec.  1910.1043(k)(3)(ii) and (k)(4)(iv)
0
m. Sec.  1910.1044(p)(3)(ii) and (p)(4)(iv)
0
n. Sec.  1910.1045(q)(4)(ii) and (q)(5)(iv)
0
o. Sec.  1910.1047(k)(2)(iii), (k)(3)(i), (k)(3)(iii), (k)(4)(ii), 
(k)(4)(iii), and (k)(5)(i)
0
p. Sec.  1910.1048(o)(6)(ii) and (o)(6)(iii)
0
q. Sec.  1910.1050(n)(3)(i), (n)(3)(iii), (n)(4)(i), (n)(4)(iv), 
(n)(6)(ii), (n)(6)(iii), and (n)(7)(i)
0
r. Sec.  1910.1051(m)(2)(iii), (m)(4)(iii), (m)(5)(ii), and (m)(6)(ii)

Subpart G--Occupational Health and Environmental Control

0
2. The authority citation for 29 CFR part 1910 subpart G is revised to 
read as follows:

    Authority: Secs. 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 5-2002 (67 FR 50017) as applicable; and 29 CFR part 1911.


Sec.  1910.95  [Amended]

0
3. In Sec.  1910.95, paragraph (p) is removed.

Subpart I--Personal Protective Equipment

0
4. In 29 CFR part 1910, the authority citation for subpart I is revised 
to read as follows:

    Authority: Secs. 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 5-2002 (67 FR 65008) as applicable; and 29 CFR part 1911.
    Sec. Sec.  1910.132, 1910.134, and 1910.136 also issued under 29 
CFR part 1911.
    Sec. Sec.  1910.133, 1910.135, and 1910.136 also issued under 29 
CFR part 1911 and 5 U.S.C. 553.


Sec.  1910.134  [Amended]

0
5. In Sec.  1910.134, paragraph (n) is removed and reserved.

Subpart N--Materials Handling and Storage

0
6. In 29 CFR part 1910, the authority citation for subpart N is revised 
to read as follows:

    Authority: Secs. 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 5-2002 (67 FR 65008) as applicable; and 29 CFR part 1911.
    Sec. Sec.  1910.176, 1910.177, 1910.178, 1910.179, 1910.180, 
1910.181, and 1910.184 also issued under 29 CFR part 1911.


0
7. In Sec.  1910.178, paragraph (a)(2) is revised to read as follows:


Sec.  1910.178  Powered industrial trucks.

    (a) * * *
    (2) All new powered industrial trucks acquired and used by an 
employer shall meet the design and construction requirements for 
powered industrial trucks established in the ``American National 
Standard for Powered Industrial Trucks, Part II, ANSI B56.1-1969'', 
which is incorporated by reference as specified in Sec.  1910.6, except 
for vehicles intended primarily for earth moving or over-the-road 
hauling.
* * * * *

[[Page 16673]]

Subpart R--Special Industries

0
8. The authority citation for 29 CFR Part 1910 subpart R is revised 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 Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 6-96 (62 FR 111), 3-2000 (65 FR 50017), or 5-2002 (67 FR 
65008) as applicable; and 29 CFR part 1911.


Sec.  1910.266  [Amended]

0
9. In Sec.  1910.266, paragraph (a), Table of Contents, the entry ``j. 
Effective date'' is removed, the entry ``k. Appendices'' is 
redesignated ``j. Appendices'', and the text of paragraph (j) is 
removed and paragraph (k) is redesignated as paragraph (j).
* * * * *

Subpart T--Commercial Diving Operations

0
10. The authority citation for 29 CFR part 1910 subpart T is revised 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, and 657); Sec. 107, Contract 
Work Hours and Safety Standards Act (the Construction Safety Act) 
(40 U.S.C. 333); Sec. 41, Longshore and Harbor Workers' Compensation 
Act (33 U.S.C. 941); Secretary of Labor's Order No. 8-76 (41 FR 
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 3-2000 (65 FR 50017), 
or 5-2002 (67 FR 65008) as applicable; 29 CFR part 1911.


Sec.  1910.441  [Removed]

0
11. Remove Sec.  1910.441.

Subpart Z--Toxic and Hazardous Substances

0
12. The authority citation for 29 CFR part 1910 subpart Z is revised 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 5-2002 (67 FR 65008) as applicable; and 29 CFR part 1911.
    All of subpart Z issued under section 6(b) of the Occupational 
Safety and Health Act, 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)).
    Sec.  1910.1000, Tables Z-1, Z-2 and Z-3 also issued under 5 
U.S.C. 553, Sec.  1910.1000 Tables Z-1, Z-2, and Z-3 not issued 
under 29 CFR part 1911 except for the arsenic (organic compounds), 
benzene, and cotton dust listings.
    Sec.  1910.1001 also issued under section 107 of the Contract 
Work Hours and Safety Standards Act (40 U.S.C. 333) and 5 U.S.C. 
553.
    Sec.  1910.1002 not issued under 29 U.S.C. 655 or 29 CFR part 
1911; also issued under 5 U.S.C. 553.
    Sec.  1910.1018, 1910.1029, and 1910.1200 are also issued under 
29 U.S.C. 653.


Sec.  1910.1000  [Amended]

0
13. In Sec.  1910.1000, paragraph (f) is removed.


Sec.  1910.1001  [Amended]

0
14. In Sec.  1910.1001, paragraph (o) is removed, and paragraph (p) is 
redesignated paragraph (o).


Sec.  1910.1017  [Amended]

0
15. In Sec.  1910.1017, paragraph (o) is removed.


Sec.  1910.1018  [Amended]

0
16. In Sec.  1910.1018, paragraph (s) is removed, and paragraph (t) is 
redesignated paragraph (s) and paragraph (u) is removed.


Sec.  1910.1020  [Amended]

0
17. In Sec.  1910.1020, paragraph (f)(4)(v), remove the reference 
``paragraph (f)(9)'' and add in its place, the reference ``paragraph 
(f)(7)''.


Sec.  1910.1025  [Amended]

0
18. In Sec.  1910.1025, paragraphs (p) and (r) are removed, and 
paragraph (q) is redesignated as paragraph (p).

0
19. In Sec.  1910.1025, Appendix B, section XIV. EFFECTIVE DATE--
PARAGRAPH (p) is removed and section XV is redesignated section XIV.


Sec.  1910.1027  [Amended]

0
20. In Sec.  1910.1027, paragraph (q) is revised to read as follows:


Sec.  1910.1027  Cadmium.

* * * * *
    (q) Appendices. Except where portions of appendices A, B, D, E, and 
F to this section are expressly incorporated in requirements of this 
section, these appendices are purely informational and are not intended 
to create any additional obligations not otherwise imposed or to 
detract from any existing obligations.
* * * * *


Sec.  1910.1028  [Amended]

0
21. In Sec.  1910.1028, paragraph (m) is removed and reserved, and 
paragraph (n) is revised to read as follows:


Sec.  1910.1028  Benzene.

* * * * *
    (n) Appendices. The information contained in Appendices A, B, C, 
and D is not intended, by itself, to create any additional obligations 
not otherwise imposed or to detract from any existing obligations.
* * * * *


Sec.  1910.1029  [Amended]

0
22. In Sec.  1910.1029, paragraph (o) is removed and reserved.


Sec.  1910.1030  [Amended]

0
23. In Sec.  1910.1030, paragraph (g)(2)(ii)(B) is removed, and 
paragraph (g)(2)(ii)(C) is redesignated paragraph (g)(2)(ii)(B), and 
paragraph (g)(2)(iii) is removed and reserved.


Sec.  1910.1043  [Amended]

0
24. In Sec.  1910.1043, paragraph (m) is removed, and paragraphs (n) 
and (o) are redesignated paragraphs (m) and (n), respectively.


Sec.  1910.1045  [Amended]

0
25. In Sec.  1910.1045, paragraph (s) is removed and reserved.


Sec.  1910.1047  [Amended]

0
26. In Sec.  1910.1047, paragraph (m) is removed and reserved.


Sec.  1910.1048  [Amended]

0
27. In Sec.  1910.1048, paragraph (p) is removed.


0
28. In Sec.  1910.1048, Appendix A, the section entitled ``Protective 
Equipment and Clothing'', second paragraph entitled ``Respiratory 
Protection:'' is revised to read as follows:


Sec.  1910.1048  Formaldehyde.

* * * * *

Appendix A to Sec.  1910.1048--Substance Technical Guidelines for 
Formalin

* * * * *
    Respiratory Protection: Use NIOSH-approved full facepiece 
negative pressure respirators equipped with approved cartridges or 
canisters within the use limitations of these devices. (Present 
restrictions on cartridges and canisters do not permit them to be 
used for a full workshift.) In all other situations, use positive 
pressure respirators such as the positive-pressure air purifying 
respirator or the self-contained breathing apparatus (SCBA). If you 
use a negative pressure respirator, your employer must provide you 
with fit testing of the respirator at least once a year.
* * * * *


Sec.  1910.1050  [Amended]

0
29. In Sec.  1910.1050, paragraph (p) is removed and reserved, 
paragraph (q) is revised to read as set forth below, and paragraph (r) 
is removed.


Sec.  1910.1050  Methylenedianiline.

* * * * *

[[Page 16674]]

    (q) Appendices. The information contained in Appendices A, B, C, 
and D of this section is not intended, by itself, to create any 
additional obligations not otherwise imposed by this standard nor 
detract from any existing obligation.
* * * * *


Sec.  1910.1051  [Amended]

0
30. In Sec.  1910.1051, paragraph (d)(2)(i) is revised to read as set 
forth below, and paragraph (n) is removed and reserved.


Sec.  1910.1051  1,3-Butadiene.

* * * * *
    (d) * * *
    (2) Initial monitoring. (i) Each employer who has a workplace or 
work operation covered by this section, shall perform initial 
monitoring to determine accurately the airborne concentrations of BD to 
which employees may be exposed, or shall rely on objective data 
pursuant to paragraph (a)(2)(i) of this section to fulfill this 
requirement. The initial monitoring required under this paragraph shall 
be completed within 60 days of the introduction of BD into the 
workplace.
* * * * *


Sec.  1910.1052  [Amended]

0
31. In Sec.  1910.1052, paragraph (n) is removed and reserved.


Sec.  1910.1450  [Amended]

0
32. In Sec.  1910.1450, paragraph (k) is removed and reserved.

PART 1913--RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING OSHA 
ACCESS TO EMPLOYEE MEDICAL RECORDS

0
33. The authority citation for part 1913 is revised to read as follows:

    Authority: Sec. 8, Occupational Safety and Health Act of 1970 
(29 U.S.C. 657); Sec. e, Privacy Act (5 U.S.C. 552a(e); 5 U.S.C. 
301); Secretary of Labor's Order No. 8-76 (41 FR 25059), or 5-2002 
(67 FR 65008) as applicable.


Sec.  1913.10  [Amended]

0
34. Amend Sec.  1913.10 in (b)(1), (b)(3), (b)(4), (d)(4)(i), and 
(e)(3) by removing the reference ``Sec.  1910.20'' and adding, in its 
place, the reference ``Sec.  1910.1020'', and by removing paragraph 
(n).

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

0
35.The authority citation for part 1915 is revised to read as follows:

    Authority: Section 41, Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 941), Secs. 4, 6, and 8, Occupational 
Safety and Health Act of 1970 (29 U.S.C. 653,655,657), Secretary of 
Labor's Order No. 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 5-2002 (67 FR 
65008) as applicable; and 29 CFR part 1911.


Sec.  1915.1001  [Amended]

0
36. Amend Sec.  1915.1001 by removing the reference ``Sec.  1910.20'' 
and adding, in its place, the reference ``Sec.  1910.1020'' in 
paragraphs (n)(2)(iii), (n)(3)(i), (n)(3)(iii), (n)(7)(ii), 
(n)(7)(iii), and (n)(8)(i), and by removing paragraph (q).

PART 1926--SAFETY AND HEALTH STANDARDS FOR CONSTRUCTION

Part 1926 [Nomenclature change]

0
37. In 29 CFR part 1926, remove the reference ``Sec.  1910.20'' and 
add, in its place, the reference ``Sec.  1926.33'' in the following 
places:
0
a. Sec.  1926.60 (o)(4)(iii), (o)(5)(i), (o)(5)(iii), (o)(7)(ii), 
(o)(7)(iii), and (o)(8)(i).
0
b. Sec.  1926.62 (n)(1)(iii), (n)(2)(iv), and (n)(6)(iv).
0
c. Sec.  1926.800 (j)(3).
0
d. Sec.  1926.1101 (n)(2)(iii), (n)(3)(i), (n)(3)(iii), (n)(7)(ii), 
(n)(7)(iii), and (n)(8)(i).

Subpart D--Occupational Health and Environmental Controls

0
38.The authority citation for 29 CFR part 1926 Subpart D is revised to 
read as follows:

    Authority: Sec. 107, Contract Work Hours and Safety Standards 
Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6, and 8 of 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
and 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 5-2002 (67 FR 65008) as applicable; 
and 29 CFR part 1911.


Sec.  1926.60  [Amended]

0
39. In Sec.  1926.60 paragraph (f)(8)(iii) is revised, paragraphs (q) 
and (s) are removed, and paragraph (r) is redesignated as (q) and 
revised to read as follows:


Sec.  1926.60  Methyenedianiline.

* * * * *
    (f) * * *
    (8) * * *
    (iii) Maintain records of the corrective actions in accordance with 
paragraph (o) of this section.
* * * * *
    (q) Appendices. The information contained in appendices A, B, C, 
and D of this section is not intended, by itself, to create any 
additional obligations not otherwise imposed by this standard nor 
detract from any existing obligation.
* * * * *


Sec.  1926.62  [Amended]

0
40. In Sec.  1926.62, paragraph (d)(2)(v)(F) is revised, paragraphs (p) 
and (r) are removed, and paragraph (q) is redesignated as paragraph 
(p).:


Sec.  1926.62  Lead.

* * * * *
    (d) * * *
    (2) * * *
    (v) * * *
    (F) Training as required under paragraph (l)(1)(i) of this section 
regarding 29 CFR 1926.59, Hazard Communication; training as required 
under paragraph (1)(2)(iii) of this section, regarding use of 
respirators; and training in accordance with 29 CFR 1926.21, Safety 
training and education.
* * * * *

0
41. In Sec.  1926.62, Appendix B, paragraph XIV. EFFECTIVE DATE--
Paragraph (P) is removed, and paragraph XV is redesignated paragraph 
XIV.

Subpart R--Steel Erection

0
42. The authority citation for 29 CFR part 1926 Subpart R is revised to 
read as follows:

    Authority: Sec. 107, Contract Work Hours and Safety Standards 
Act (Construction Safety Act) (40 U.S.C. 333); Sec. 4, 6, and 8, 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); Secretary of Labor's Order No. 3-2000 (65 FR 50017), No. 5-
2002 (67 FR 65008), and 29 CFR part 1911.


Sec.  1926.754  [Amended]

0
43. In Sec.  1926.754, paragraph (c) is revised to read as follows:


Sec.  1926.754  Structural steel assembly.

* * * * *
    (c) Walking/working surfaces--shear connectors and other similar 
devices. (1) Tripping hazards. Shear connectors (such as headed steel 
studs, steel bars or steel lugs), reinforcing bars, deformed anchors or 
threaded studs shall not be attached to the top flanges of beams, 
joists or beam attachments so that they project vertically from or 
horizontally across the top flange of the member until after the metal 
decking, or other walking/working surface, has been installed.
    (2) Installation of shear connectors on composite floors, roofs and 
bridge decks. When shear connectors are used in construction of 
composite floors, roofs and bridge decks, employees shall lay out and 
install the shear connectors after the metal decking has been 
installed, using the metal decking as a

[[Page 16675]]

working platform. Shear connectors shall not be installed from within a 
controlled decking zone (CDZ), as specified in Sec.  1926.760(c)(8).
* * * * *

Subpart Y -- Diving

0
44. The authority citation for 29 CFR part 1926, Subpart Y, is revised 
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); Sec. 107, Contract 
Work Hours and Safety Standards Act (the Construction Safety 
Standards Act) (40 U.S.C. 333); Sec. 41, Longshore and Harbor 
Workers' Compensation Act (33 U.S.C. 941); 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), 3-2000 (65 FR 50017) or 5-2002 (67 FR 
65008) as applicable; and 29 CFR part 1911.


Sec.  1926.1092  [Removed]

0
45. Section 1926.1092 is removed.

Subpart Z--Toxic and Hazardous Substances

0
46. The authority citation for 29 CFR part 1926 subpart Z is revised to 
read as follows:

    Authority: Sec. 107, Contract Work Hours and Safety Standards 
Act (the Construction Safety Standards Act) (40 U.S.C. 333); Secs. 
4, 6, and 8, 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), 6-96 (62 FR 11), 3-2000 (65 
FR 50017), or 5-2002 (67 FR 65008) as applicable; and 29 CFR part 
1911.
    Sec.  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
47. In Sec.  1926.1101, paragraph (q) is removed.


Sec.  1926.1127  [Amended]

0
48. In Sec.  1926.1127, paragraph (p) is removed and reserved, 
paragraph (q)(1) is removed, and paragraph (q)(2) is redesignated 
paragraph (q) and revised to read as follows:


Sec.  1926.1127  Cadmium.

* * * * *
    (q) Appendices. Except where portions of appendices A, B, D, E, and 
F to this section are expressly incorporated in requirements of this 
section, these appendices are purely informational and are not intended 
to create any additional obligations not otherwise imposed or to 
detract from any existing obligations.
* * * * *
[FR Doc. 06-3042 Filed 3-31-06; 8:45 am]

BILLING CODE 4510-26-P
