

[Federal Register: December 14, 2007 (Volume 72, Number 240)]
[Rules and Regulations]               
[Page 71061-71070]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de07-7]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. OSHA-2007-0040]
RIN 1218-AC08

 
Updating OSHA Standards Based on National Consensus Standards

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

ACTION: Direct final rule.

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SUMMARY: In this direct final rule, the Agency is removing several 
references to consensus standards that have requirements that 
duplicate, or are comparable to, other OSHA rules; this action includes 
correcting a paragraph citation in one of these OSHA rules. The Agency 
also is removing a reference to American Welding Society standard A3.0-
1969 (``Terms and Definitions'') in its general-industry welding 
standards. This rulemaking is a continuation of OSHA's ongoing effort 
to update references to consensus and industry standards used 
throughout its rules.

DATES: This direct final rule will become effective on March 13, 2008 
unless significant adverse comment is received by January 14, 2008.
    Comments to this direct final rule (including comments to the 
information-collection (paperwork) determination described under the 
section titled SUPPLEMENTARY INFORMATION of this notice), hearing 
requests, and other information must be submitted by January 14, 2008. 
All submissions must bear a postmark or provide other evidence of the 
submission date. (See the following section titled ADDRESSES for 
methods you can use in making submissions.)

[[Page 71062]]


ADDRESSES: Comments and hearing requests may be submitted as follows:
     Electronic. Comments may be submitted electronically to 
http://www.regulations.gov, which is the Federal eRulemaking Portal. 

Follow the instructions online for submitting comments.
     Facsimile. OSHA allows facsimile transmission of comments 
and hearing requests that are 10 pages or fewer in length (including 
attachments). Send these documents to the OSHA Docket Office at (202) 
693-1648; hard copies of these documents are not required. Instead of 
transmitting facsimile copies of attachments that supplement these 
documents (e.g., studies, journal articles), commenters must submit 
these attachments, in triplicate hard copy, to the OSHA Docket Office, 
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 
Constitution Ave., NW., Washington, DC 20210. These attachments must 
clearly identify the sender's name, date, subject, and docket number 
(i.e., OSHA-2007-0040) so that the Agency can attach them to the 
appropriate document.
     Regular mail, express delivery, hand (courier) delivery, 
and messenger service. Submit three copies of comments and any 
additional material (e.g., studies, journal articles) to the OSHA 
Docket Office, Docket No. OSHA-2007-0040 or RIN No. 1218-AC08, 
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 
Constitution Ave., NW., Washington, DC 20210; telephone: (202) 693-
2350. (OSHA's TTY number is (877) 889-5627.) Note that security-related 
problems may result in significant delays in receiving comments and 
other written materials by regular mail. Please contact the OSHA Docket 
Office for information about security procedures concerning delivery of 
materials by express delivery, hand delivery, and messenger service. 
The hours of operation for the OSHA Docket Office are 8:15 a.m. to 4:45 
p.m., e.t.
     Instructions. All submissions must include the Agency name 
and the OSHA docket number (i.e., OSHA Docket No. OSHA-2007-0040). 
Comments and other material, including any personal information, are 
placed in the public docket without revision, and will be available 
online at http://www.regulations.gov. Therefore, the Agency cautions 

commenters about submitting statements they do not want made available 
to the public, or submitting comments that contain personal information 
(either about themselves or others) such as social security numbers, 
birth dates, and medical data.
    OSHA requests comments on all issues related to this direct final 
rule. It also welcomes comments on its findings that there would be no 
negative economic, paperwork, or other regulatory impacts of this 
direct final rule on the regulated community. If OSHA receives no 
significant adverse comment, it will publish a Federal Register 
document confirming the effective date of this direct final rule and 
withdrawing the companion proposed rule. Such confirmation may include 
minor stylistic or technical corrections to the document. For the 
purpose of judicial review, OSHA views the date of confirmation of the 
effective date of this direct final rule as the date of issuance. 
However, if OSHA receives significant adverse comment on this direct 
final rule, it will publish a timely withdrawal of this rule and 
proceed with the proposed rule addressing the same standards published 
in the ``Proposed Rules'' section of today's Federal Register.
     Docket. To read or download comments or other material in 
the docket, go to http://www.regulations.gov or to the OSHA Docket 

Office at the address above. Documents in the docket are listed in the 
http://www.regulations.gov index; however, some information (e.g., 

copyrighted material) is not publicly available to read or download 
through this Web site. All submissions, including copyrighted material, 
are available for inspection and copying at the OSHA Docket Office. 
Contact the OSHA Docket Office for assistance in locating docket 
submissions.

FOR FURTHER INFORMATION CONTACT: For general information and press 
inquiries contact Mr. Kevin Ropp, Director, OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210; telephone: (202) 693-1999. For 
technical inquiries, contact Ted Twardowski, Office of Safety Systems, 
Directorate of Standards and Guidance, Room N-3609, OSHA, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210; telephone: (202) 693-2070; fax: (202) 693-1663. Copies of this 
Federal Register notice are available from the OSHA Office of 
Publications, Room N-3101, U.S. Department of Labor, 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 page at http://www.osha.gov
.


SUPPLEMENTARY INFORMATION:

Table of Contents

I. Direct Final Rulemaking
II. Background
III. Discussion of the Rulemaking
IV. Procedural Determinations
    A. Legal Considerations
    B. Final Economic Analysis and Regulatory Flexibility Act 
Certification
    C. OMB Review Under the Paperwork Reduction Act of 1995
    D. Federalism
    E. State-Plan States
    F. Unfunded Mandates Reform Act
List of Subjects for 29 CFR Part 1910
Authority and Signature
V. Amendment to Standards

I. Direct Final Rulemaking

    An agency uses direct final rulemaking when it anticipates that a 
rule will be non-controversial. Examples include minor substantive 
revisions to regulations and direct incorporations of mandates from new 
legislation, and, as in this rulemaking, eliminating references to 
industry or consensus standards. In direct final rulemaking, the agency 
will publish the direct final rule in the Federal Register, along with 
an identical proposed rule. The Federal Register notice states that the 
direct final rule will go into effect unless it receives a significant 
adverse comment within a specified period. If the agency receives any 
significant adverse comments, it withdraws the direct final rule and 
treats the comments as responses to the proposed rule.
    For purposes of this direct final rule, a significant adverse 
comment is one that explains why the various amendments being made to 
OSHA's standards would be inappropriate. In determining whether a 
comment necessitates withdrawal of the direct final rule, the Agency 
will consider whether the comment raises an issue serious enough to 
warrant a substantive response in a notice-and-comment process. OSHA 
will not consider a comment recommending additional amendments to be a 
significant adverse comment unless the comment states why the direct 
final rule would be ineffective without the addition. If timely 
significant adverse comments are received, OSHA will publish a notice 
of significant adverse comment in the Federal Register withdrawing this 
direct final rule no later than March 13, 2008.
    OSHA also is publishing a companion proposed rule along with this 
direct final rule. In the event OSHA withdraws the direct final rule 
because of significant adverse comment, the Agency will proceed with 
the rulemaking by addressing the comment and publishing a new final 
rule. If

[[Page 71063]]

OSHA receives a significant adverse comment regarding some actions 
taken in this direct final rule, but not others, it may (1) finalize 
those actions that did not receive significant adverse comment, and (2) 
conduct further rulemaking under the companion proposed rule for the 
actions that received significant adverse comment. The comment period 
for the proposed rule runs concurrently with that of the direct final 
rule. Any comments received under the companion proposed rule will be 
treated as comments regarding the direct final rule. Likewise, 
significant adverse comments submitted to the direct final rule will be 
considered as comments to the companion proposed rule; the Agency will 
consider such comments in developing a subsequent final rule.
    OSHA determined that the subject of this rulemaking is suitable for 
direct final rulemaking. First, OSHA's amendments to the standards do 
not compromise the safety of employees. As described below, these 
amendments will eliminate confusion and clarify employer obligations. 
Second, the amendments will not alter employers' substantive 
obligations under the existing OSHA standards and, therefore, will not 
result in additional costs to employers. For these reasons, OSHA does 
not anticipate receiving objections from the public.

II. Background

    As discussed in a previous Federal Register notice (69 FR 68283), 
the Agency is undertaking a long-term project to update its standards 
to reflect the latest versions of consensus and industry standards. 
This project includes updating or revoking consensus standards 
incorporated by reference, and updating regulatory text of current 
rules that OSHA adopted directly from the language of outdated 
consensus and industry standards.
    This long-term project also includes updating a number of OSHA 
standards adopted in part from outdated consensus standards, such as 
rulemakings to update 29 CFR part 1910, subpart S (``Electrical''), 29 
CFR part 1926, subpart V (``Electric Power Transmission, and 
Distribution''), 29 CFR 1910.109 (``Explosives and Blasting Agents''), 
and 29 CFR part 1910, subpart D (``Walking-Working Surfaces'').
    In this direct final rule, which is another step in this long-term 
project, the Agency is performing two main actions. First, it is 
removing a number of references to outdated consensus standards that 
have requirements that duplicate, or are comparable to, the 
requirements specified by other OSHA rules. The Agency believes these 
references are unnecessary, and only confuse employers about their 
compliance obligations. Second, the Agency is removing a reference to 
American Welding Society (``AWS'') standard A3.0-1969 (``Terms and 
Definitions'') in OSHA's general-industry welding standards. These 
actions are described more fully below.

III. Discussion of the Rulemaking

A. Removing or Replacing References to ``Duplicative'' Consensus 
Standards

    In this direct final rule, the Agency is removing from its 
standards references to consensus standards that duplicate, or are 
comparable to, requirements found in other OSHA rules. For example, 
OSHA's standard regulating manlifts requires guardrails with toeboards 
to meet the requirements of ANSI 12.1-1967 (Safety Requirements for 
Floor and Wall Openings, Railings, and Toeboards). The provisions of 
this ANSI standard, however, are identical to the requirements found in 
29 CFR 1910.23. Therefore, it is unnecessary for employers and 
employees to refer to the ANSI standard--which is 40 years old and 
difficult to obtain--when they could refer instead to another OSHA 
standard for the applicable requirements.
    Some of these ``duplicative'' references are also incorporated into 
the OSHA standards as non-mandatory sources of information, rather than 
mandatory requirements. For example, the provisions of OSHA's 
ventilation standard (29 CFR 1910.94) specify requirements for spray-
finishing operations. See 29 CFR 1910.94(c). Some of these provisions 
cross-reference requirements in 29 CFR 1910.107 relating to spray-
finishing and flammable and combustible liquids; they also include a 
non-mandatory reference to sections of a 1969 National Fire Protection 
Association (NFPA) standard for ``Spray Finishing Using Flammable and 
Combustible Materials.'' Paragraph (c)(1)(ii) of the OSHA's ventilation 
standard, for instance, states:

    Spray booth. Spray booths are defined and described in Sec.  
1910.107(a). (See sections 103, 104, and 105 of the Standard for 
Spray Finishing Using Flammable and Combustible Materials, NFPA No. 
33-1969, which is incorporated by reference as specified in Sec.  
1910.6).

    The requirements in 29 CFR 1910.107(a) and Sections 103, 104, and 
105 of NFPA No. 33-1969 are essentially identical. NFPA No. 33-1969 was 
the source standard for 29 CFR 1910.107, and OSHA referenced it to 
provide employers with additional, but non-mandatory, information on 
spray-finishing operations. As the OSHA requirements and the NFPA 
provisions are virtually identical, and because the reference to the 
NFPA standard is non-mandatory, it is unnecessary to reference the NFPA 
provisions in the OSHA standard.
    Retaining ``duplicative'' references is unnecessary, and may 
confuse the regulated community. In determining compliance obligations 
in OSHA standards that contain references to consensus standards, 
employers and employees must carefully examine the consensus standards 
to identify relevant provisions. Many of these consensus standards are 
difficult to locate. A number are over 30 years old, and, consequently, 
are no longer available for direct purchase from the standards-
development organizations that issued them. For example, employers must 
submit a special request to the NFPA library to obtain a copy of NFPA 
No. 33-1969 (mentioned in the previous paragraph), while ANSI Z48.1-54 
and Z48-54 (R 70), which address marking portable compressed-gas 
cylinders, are no longer available from ANSI and must be obtained from 
other vendors. While consensus standards incorporated by reference in 
OSHA standards are available for inspection at the Agency's docket 
office in Washington, DC, its regional offices, and the National 
Archives and Records Administration, these venues are not convenient 
for many employers and employees. Referencing these outdated consensus 
standards places an unnecessary burden on employers and employees when 
comparable provisions are readily accessible in other OSHA standards 
that will enable them to ascertain compliance obligations.
    Through this rulemaking, the Agency is removing references to the 
``duplicative'' consensus standards altogether, or replacing them with 
cross-references to the existing OSHA standards that have requirements 
that are essentially identical to the consensus standards. Table 1 
below lists: the OSHA standards that reference the consensus standards; 
the designations and titles of the consensus standards referenced by 
these OSHA standards and the OSHA standards that are comparable to the 
consensus standards; the action the Agency is taking in this direct 
final rulemaking (e.g., removing the consensus standard); and any 
comments about this action.

[[Page 71064]]



                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                         Reference consensus
                                            standards and
            OSHA standards                 comparable OSHA            Action taken               Comment
                                              standards
----------------------------------------------------------------------------------------------------------------
1910.68(b)(4) and (b)(8)(ii).........  ANSI A12.1-1967--Safety  Remove the reference to  The provisions in the
                                        Requirements for Floor   the ANSI standard in     OSHA standard and the
                                        and Wall Openings,       both OSHA standards.     consensus standard are
                                        Railings, and                                     identical.
                                        Toeboards.
                                       1910.23................
1910.94(b)(5)(i)(a)..................  ANSI B7.1-1970--Safety   Remove the reference to  The provisions in the
                                        Code for the Use,        the ANSI standard and    OSHA standard and the
                                        Care, and Protection     replace it with a cite   consensus standard are
                                        of Abrasive Wheels       to 1910.215, Tables O-   identical.
                                        (Tables 5 and 6          1 and O-9.
                                        contain structural-
                                        strength
                                        specifications for
                                        hoods).
1910.94(c)(1)(ii)....................  NFPA No. 33-1969--       Remove the reference to  The provisions in the
                                        Standard for Spray       the NFPA standard.       OSHA standard and the
                                        Finishing Using                                   consensus standard are
                                        Flammable and                                     identical. In
                                        Combustible Materials                             addition, the
                                        (Sections 103, 104,                               reference to the
                                        and 105).                                         consensus standard is
                                       1910.107(a)............                            non-mandatory.
1910.94(c)(3)(i).....................  NFPA No. 33-196--        Remove the reference to  Except for section 301
                                        Standard for Spray       the NFPA standard.       of the NFPA standard,
                                        Finishing Using                                   the provisions in the
                                        Flammable and                                     OSHA standard and the
                                        Combustible Materials                             NFPA standard are
                                        (Sections 301-304, 306-                           identical. Section 301
                                        310).                                             of the NFPA standard
                                       1910.107(b)(1)-(b)(4)                              specifies that spray
                                        and (b)(6)-(b)(10)..                              booths constructed of
                                                                                          steel must use steel
                                                                                          that is at least No.
                                                                                          18 gauge U.S., while
                                                                                          1910.107(b)(1)
                                                                                          contains no such
                                                                                          provision. However,
                                                                                          both the OSHA standard
                                                                                          and the NFPA standard
                                                                                          require that spray
                                                                                          booths be
                                                                                          ``substantially
                                                                                          constructed'' of
                                                                                          steel. OSHA notes it
                                                                                          is the usual and
                                                                                          customary practice in
                                                                                          the industry to use
                                                                                          steel that is at least
                                                                                          this thick. In
                                                                                          addition, the
                                                                                          reference to the
                                                                                          consensus standard is
                                                                                          non-mandatory.
1910.94(c)(3)(i)(a)..................  NFPA No. 33-1969--       Remove the reference to  Except for a few minor
                                        Standard for Spray       the NFPA standard.       differences between
                                        Finishing Using                                   the provisions of
                                        Flammable and                                     Chapter 4 of the NFPA
                                        Combustible Materials                             standard and the
                                        (Section 310 and                                  comparable OSHA
                                        Chapter 4).                                       standard, the
                                       1910.107(b)(10) and                                provisions in the OSHA
                                        (c)..                                             standard and the
                                                                                          consensus standard are
                                                                                          identical. In
                                                                                          addition, the
                                                                                          reference to the
                                                                                          consensus standard is
                                                                                          non-mandatory.
1910.94(c)(3)(iii)...................  NFPA No. 33-1969--       Remove the reference to  The provisions in the
                                        Standard for Spray       the NFPA standard.       OSHA standard and the
                                        Finishing Using                                   consensus standard are
                                        Flammable and                                     identical. In
                                        Combustible Materials                             addition, the
                                        (Sections 304 and 305).                           reference to the
                                       1910.107(b)(4) and                                 consensus standard is
                                        (b)(5)..                                          non-mandatory.
1910.94(c)(3)(iii)(a)................  NFPA No. 33-1969--       Remove the reference to  The provisions in the
                                        Standard for Spray       the NFPA standard.       OSHA standard and the
                                        Finishing Using                                   consensus standard are
                                        Flammable and                                     identical. In
                                        Combustible Materials                             addition, the
                                        (Section 305).                                    reference to the
                                       1910.107(b)(5).........                            consensus standard is
                                                                                          non-mandatory.
1910.94(c)(5)(i).....................  NFPA No. 33-1969--       Remove the reference to  The provisions in the
                                        Standard for Spray       the NFPA standard.       OSHA standard and the
                                        Finishing Using                                   consensus standard are
                                        Flammable and                                     identical. In
                                        Combustible Materials                             addition, the
                                        (Chapter 5).                                      reference to the
                                       1910.107(d)............                            consensus standard is
                                                                                          non-mandatory.

[[Page 71065]]


1910.94(c)(5)(iii)(e)................  ANSI Z9.1-1951--Safety   Remove the reference to  OSHA could find no
                                        Code for Ventilation     the ANSI standard.       Section 8.3.21 in the
                                        and Operation of Open                             ANSI standard and,
                                        Surface Tanks (Section                            therefore, is removing
                                        8.3.21).                                          the non-mandatory
                                       1910.94(c)(5)(iii)(e)..                            reference to ANSI Z9.1-
                                                                                          1951 from
                                                                                          1910.94(c)(5)(iii)(e).
1910.103(b)(1)(i)(c),                  ANSI Z48.1-1954--Method  Remove the reference to  The requirements in the
 .110(b)(5)(iii), and .111(e)(1).       of Marking Portable      the ANSI standard and    OSHA standard and the
                                        Compressed Gas           replace it with a cite   consensus standard are
                                        Containers to Identify   to paragraph             virtually identical.
                                        the Material Contained   (b)(1)(ii) of 1910.253.  Paragraph 3.2 of the
                                        (Section 3 specifies                              ANSI standard requires
                                        the means for marking                             that, when practical,
                                        gas cylinders).                                   ``the marking shall be
                                       1910.253(b)(1)(ii).....                            at the valve end and
                                                                                          off the cylindrical
                                                                                          part of the body,''
                                                                                          while
                                                                                          1910.253(b)(1)(ii)
                                                                                          identifies the
                                                                                          shoulder as the
                                                                                          location for the
                                                                                          marking (when
                                                                                          practical); these
                                                                                          requirements describe
                                                                                          the same cylinder
                                                                                          location. Also,
                                                                                          paragraph 3.3 of the
                                                                                          ANSI standard
                                                                                          specifies the height
                                                                                          of the lettering;
                                                                                          1910.253(b)(1)(ii)
                                                                                          contains no specific
                                                                                          height requirements.
                                                                                          The Agency has
                                                                                          determined that the
                                                                                          ANSI provision is
                                                                                          unnecessary because
                                                                                          the OSHA standard
                                                                                          requires that the
                                                                                          markings be
                                                                                          ``legible,'' which
                                                                                          ensures that employees
                                                                                          can accurately
                                                                                          identify the contents
                                                                                          of the cylinders.
1910.144(a)(1)(ii)...................  ANSI A10.2-1944--Safety  Remove the reference to  The OSHA standard and
                                        Code for Building        the ANSI standard.       the referenced
                                        Construction                                      consensus standard
                                        (paragraph 1.6.2                                  have similar
                                        addresses the use of                              requirements. The OSHA
                                        red lights with                                   standard requires that
                                        barricades).                                      red lights be provided
                                       1910.144(a)(1)(ii).....                            ``at barricades and at
                                                                                          temporary
                                                                                          obstructions,'' while
                                                                                          paragraph 1.6.2 of the
                                                                                          referenced ANSI
                                                                                          standard requires
                                                                                          employers to place red
                                                                                          lights or flares on or
                                                                                          about barricades after
                                                                                          dark. OSHA has
                                                                                          determined that
                                                                                          removing the reference
                                                                                          to the 60-year old
                                                                                          ANSI standard is
                                                                                          appropriate given the
                                                                                          requirements of
                                                                                          1910.144(a)(1)(ii) and
                                                                                          the usual and
                                                                                          customary practice of
                                                                                          the industry.

[[Page 71066]]


1910.243(d)(1)(i)....................  ANSI A10.3-1970--Safety  Remove the reference to  The provisions in the
                                        Requirements for         the ANSI standard and    OSHA standard and the
                                        Explosive-Actuated       replace it with a cite   consensus standard are
                                        Fastening Tools          to the design            identical, except that
                                        (Section 3 specifies     requirements specified   paragraph (d)(2) of
                                        design requirements).    by 1910.243(d)(2).       1910.243 does not
                                       1910.243(d)(2).........                            contain provisions for
                                                                                          the construction of
                                                                                          high-velocity tools,
                                                                                          low-velocity piston
                                                                                          tools, and hammer-
                                                                                          operated piston tools
                                                                                          specified in ANSI
                                                                                          paragraphs 3.1.5,
                                                                                          3.2.5, and 3.3.5,
                                                                                          respectively--i.e.,
                                                                                          that these tools must
                                                                                          have adequate strength
                                                                                          to withstand the
                                                                                          stresses imposed by
                                                                                          any commercially
                                                                                          available load that
                                                                                          will chamber in the
                                                                                          tool. These provisions
                                                                                          do not relate directly
                                                                                          to guarding explosive-
                                                                                          actuated tools, which
                                                                                          is the purpose of the
                                                                                          OSHA standard.
                                                                                          Furthermore, OSHA
                                                                                          notes it is the usual
                                                                                          and customary practice
                                                                                          in the industry to
                                                                                          design tools with
                                                                                          adequate strength to
                                                                                          withstand the stresses
                                                                                          imposed by
                                                                                          commercially available
                                                                                          loads.
1910.253(b)(1)(ii)...................  ANSI Z48.1-1954--Method  Remove the reference to  See the comments above
                                        of Marking Portable      the ANSI standard.       under the entry for
                                        Compressed Gas                                    1910.103(b)(1)(i)(c),
                                        Containers to Identify                            .110(b)(5)(iii), and
                                        the Material Contained.                           .111(e)(1).
                                       1910.253(b)(1)(ii).....
1910.261(c)(15)(ii), (e)(4),           ANSI A12.1-1967--Safety  Remove the reference to  The provisions in the
 (g)(13)(i), (h)(1), (j)(4)(iii),       Requirements for Floor   the ANSI standards in    OSHA standard and
 (j)(5)(i), (k)(6), (k)(13)(i), and     and Wall Openings,       the OSHA standards and   consensus standard are
 (k)(15).                               Railings, and            replace them with a      identical.
                                        Toeboards.               cite to 1910.23.
                                       1910.23................
----------------------------------------------------------------------------------------------------------------

    The Agency believes that removing these consensus standards, or 
replacing them with cross-references to other OSHA standards, will not 
alter existing compliance obligations or reduce employee protection. 
Employers need not alter their current practices as a result of this 
rulemaking action, and employees will receive the same level of 
protection they did prior to this rulemaking. The Agency welcomes 
comment from the public regarding the effects this rulemaking may have 
on employers' compliance obligations and employee protection.

B. Technical Amendment

    In addition to the actions described above, OSHA is amending 
paragraph (c)(1)(iv) of its spray-finishing standard at 29 CFR 
1910.107. This paragraph incorrectly refers to the requirements for 
powder-coating equipment in ``paragraph (c)(1) of this section.'' 
However, paragraph (l)(1) of 29 CFR 1910.107 specifies the requirements 
for powder-coating equipment. With this amendment, 29 CFR 
1910.107(c)(1)(iv) will identify the correct provision for regulating 
powder-coating equipment.

C. Welding Definitions

    In this direct final rule, OSHA also is removing the reference to 
American Welding Society (``AWS'') standard A3.0-1969 (``Terms and 
Definitions'') in paragraph (c) of 29 CFR 1910.251 (``Definitions''). 
Paragraph 29 CFR 1910.251(c) states ``All other welding terms are used 
in accordance with American Welding Society--Terms and Definitions--
A3.0-1969, which is incorporated by reference as specified in Sec.  
1910.6.'' The purpose of the definitions is to assist employers and 
employees in understanding the technical terms used in these OSHA 
standards; sections 29 CFR 1910.252-255 specify the substantive 
obligations for employers to follow when performing welding, cutting, 
and brazing operations.
    OSHA analyzed the terms defined in the 1969 AWS standard, as well 
as the terms defined in the 2001 version of that standard. (OSHA placed 
this analysis in the docket for this rulemaking as Ex. OSHA-2007-0040-
0002). Based on this analysis, the Agency determined that the terms 
defined in the 1969 AWS standard that are found in OSHA's welding 
standard are substantially similar to the definitions of these terms 
found in the 2001 AWS standard. Furthermore, the welding terms used are 
commonly understood in the industry. For example, some of the welding 
terms used are such basic technical terms as ``arc welding,'' 
``electrode,'' ``flux,'' ``flash welding,'' ``lead burning,'' ``inert 
gas,'' and ``oxygen cutting.'' After over 35 years of experience with 
these terms, employers and employees performing welding, cutting, and 
brazing operations understand their meaning when applying the 
substantive requirements in 29 CFR 1910.252-1910.255. Continuing to 
reference the 1969 AWS standard is unnecessary, and OSHA is removing it 
from 29 CFR 1910.251. Employers and employees know the meaning of the 
terms used in the OSHA standard, and requiring employers to obtain and 
consult AWS 3.0-1969 places an unnecessary burden on them.

[[Page 71067]]

    Removing the reference will not affect employers' substantive 
obligations under 29 CFR part 1910, subpart Q, nor will it compromise 
the safety of employees when they perform the welding, cutting, and 
brazing operations regulated under 29 CFR 1910.252-1910.255. In fact, 
removing the reference will bring the general industry standard in line 
with the standards regulating welding, cutting, and heating operations 
for the shipyard-employment industry (29 CFR part 1915, subpart D) and 
welding and cutting operations for the construction industry (29 CFR 
part 1926, subpart J). These standards do not define the technical 
welding terms used. OSHA is not aware of any employee-protection 
problems resulting from the absence of definitions in these standards. 
The Agency invites the public to comment on its findings regarding 
employers' obligations and employee safety.

IV. Procedural Determinations

A. Legal Considerations

    The purpose of the Occupational Safety and Health Act of 1970, 29 
U.S.C. 651 et seq., is ``to assure so far as possible every working man 
and woman in the nation safe and healthful working conditions and to 
preserve our human resources.'' 29 U.S.C. 651(b). To achieve this goal, 
Congress authorized the Secretary of Labor to promulgate and enforce 
occupational safety and health standards. 29 U.S.C. 655(b), 654(b). A 
safety or health standard is a standard that ``requires conditions, or 
the adoption or use of one or more practices, means, methods, 
operations, or processes, reasonably necessary or appropriate to 
provide safe or healthful employment or places of employment.'' 29 
U.S.C. 652(8). A standard is reasonably necessary or appropriate within 
the meaning of Section 652(8) when a significant risk of material harm 
exists in the workplace and the standard would substantially reduce or 
eliminate that workplace risk.
    This direct final rule will not reduce the employee protections put 
into place by the standards being amended. In fact, it will enhance 
employee safety by eliminating confusing requirements and clarifying 
employer obligations. Therefore, it is unnecessary to determine 
significant risk, or the extent to which the rule would reduce that 
risk, as typically would be required by Industrial Union Department, 
AFL-CIO v. American Petroleum Institute, 448 U.S. 607 (1980).

B. Final Economic Analysis and Regulatory Flexibility Act Certification

    This direct final rule is not economically significant within the 
context of Executive Order (``E.O.'') 12866 (58 FR 51735) or a ``major 
rule'' under Section 804 of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (``SBREFA''; 5 U.S.C. 804). The rule will impose 
no additional costs on any private- or public-sector entity, and does 
not meet any of the criteria for an economically significant rule or a 
major rule specified by E.O. 12866 or the relevant statutes. (While not 
economically significant, as part of OSHA's consensus standards update 
project, this direct final rule is classified as a ``significant 
regulatory action'' under E.O. 12866.)
    This action simply (1) removes, or replaces with cross-references, 
unnecessary references to consensus standards, and (2) removes a 
reference to American Welding Society standard A3.0-1969 in OSHA's 
general-industry welding standards. The rulemaking does not impose any 
additional costs on employers. Therefore, OSHA certifies that it will 
not have a significant impact on a substantial number of small 
entities, and that the Agency does not have to prepare a regulatory 
flexibility analysis for this rulemaking under the SBREFA (5 U.S.C. 601 
et seq.).

C. OMB Review Under the Paperwork Reduction Act of 1995

    The existing provisions of the OSHA standards addressed by this 
direct final rule do not contain collection-of-information 
requirements, nor do the amended provisions to the standards 
implemented by this rulemaking contain collection-of-information 
requirements. Therefore, this direct final rule does not impose remove 
or revise any information-collection requirements for purposes of the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. and 5 CFR part 
1320. Accordingly, the Agency does not have to prepare an Information 
Collection Request in association with this rulemaking.
    Members of the public who wish to comment on these determinations 
must send their written comments to the Office of Information and 
Regulatory Affairs, Attn: OSHA Desk Officer (RIN 1218-AC08), Office of 
Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 
20503. The Agency encourages commenters to also submit their comments 
to the rulemaking docket, along with their comments on other parts of 
the direct final rule. For instructions on submitting these comments 
and accessing the docket, see the sections of this Federal Register 
notice titled DATES and ADDRESSES. However, no comment received on this 
paperwork determination will be considered by the Agency to be a 
``significant adverse comment'' as specified above under Section I 
(``Direct Final Rulemaking'').
    To make inquiries, or to request other information, contact Mr. 
Todd Owen, Directorate of Standards and Guidance, OSHA, Room N-3609, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210; telephone (202) 693-2222.

D. Federalism

    OSHA reviewed this direct final rule in accordance with the 
Executive Order on Federalism (Executive Order 13132, 64 FR 43255, 
August 10, 1999), which requires that Federal agencies, to the extent 
possible, refrain from limiting State policy options, consult with 
States prior to taking any actions that would restrict State policy 
options, and take such actions only when clear constitutional authority 
exists and the problem is national in scope. Executive Order 13132 
provides for preemption of State law only with the expressed consent of 
Congress. Any such preemption is to be limited to the extent possible.
    Under Section 18 of the Occupational Safety and Health Act of 1970 
(``OSH Act''; 29 U.S.C. 651 et seq.), Congress expressly provides for 
the preemption of State laws when OSHA promulgates occupational safety 
and health standards. Under the OSH Act, a State can avoid preemption 
on issues covered by Federal standards only if it submits, and obtains 
Federal approval of, a plan for the development of such standards and 
their enforcement (``State-Plan State''). 29 U.S.C. 667. Occupational 
safety and health standards developed by State-Plan States must be at 
least as effective in providing safe and healthful employment and 
places of employment as the Federal standards. Subject to these 
requirements, State-Plan States are free to develop and enforce under 
State law their own requirements for safety and health standards.
    This direct final rule complies with Executive Order 13132. In 
States without OSHA-approved State Plans, Congress expressly provides 
for OSHA standards to preempt State job safety and health rules in 
areas addressed by OSHA standards; in these States, this direct final 
rule limits State policy options in the same manner as all OSHA 
standards. In States with OSHA-approved State Plans, this rulemaking

[[Page 71068]]

does not significantly limit State policy options.

E. State-Plan States

    When Federal OSHA promulgates a new standard or more stringent 
amendment to an existing standard, the 26 States and U.S. Territories 
with their own OSHA-approved occupational safety and health plans 
(``State-Plan States'') must amend their standards to reflect the new 
standard or amendment, or show OSHA why such action is unnecessary, 
e.g., because an existing State standard covering this area is ``at 
least as effective'' as the new Federal standard or amendment. 29 CFR 
1953.5(a). The State standard must be at least as effective as the 
final Federal rule, must be applicable to both the private and public 
(State and local government employees) sectors, and must be completed 
within six months of the publication date of the final Federal rule. 
When OSHA promulgates a new standard or amendment that does not impose 
additional or more stringent requirements than an existing standard, 
State-Plan States are not required to amend their standards, although 
the Agency may encourage them to do so. The 26 States and U.S. 
Territories with OSHA-approved occupational safety and health plans 
are: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, 
Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, 
Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, 
Virginia, Washington, and Wyoming; Connecticut, New Jersey, New York, 
and the Virgin Islands have OSHA-approved State Plans that apply to 
State and local government employees only.
    With regard to this direct final rule, it will not impose any 
additional or more stringent requirements on employers compared to 
existing OSHA standards. Through this rulemaking, the Agency is 
removing several references to consensus standards that contain 
requirements that also are expressly included in other OSHA standards. 
The Agency also is removing a reference to an American Welding Society 
standard. Therefore, States and Territories with approved State-Plans 
do not need to adopt this rule or show OSHA why such action is 
unnecessary. However, to the extent these States and Territories have 
the same standards as the OSHA standards affected by this direct final 
rule, OSHA encourages them to adopt the amendments.

F. Unfunded Mandates Reform Act

    OSHA reviewed this direct final rule according to the Unfunded 
Mandates Reform Act of 1995 (``UMRA''; 2 U.S.C. 1501 et seq.) and 
Executive Order 12875 (58 FR 58093). As discussed above in Section IV.B 
(``Economic Analysis and Regulatory Flexibility Certification'') of 
this preamble, the Agency determined that this direct final rule 
imposes no additional costs on any private- or public-sector entity. 
Accordingly, this direct final rule requires no additional expenditures 
by either public or private employers.
    As noted above under Section IV.E (``State-Plan States''), the 
Agency's standards do not apply to State and local governments except 
in States that have elected voluntarily to adopt a State Plan approved 
by the Agency. Consequently, this direct final rule does not meet the 
definition of a ``Federal intergovernmental mandate'' (see Section 
421(5) of the UMRA (2 U.S.C. 658(5))). Therefore, for the purposes of 
the UMRA, the Agency certifies that this direct final rule does not 
mandate that State, local, or tribal governments adopt new, unfunded 
regulatory obligations, or increase expenditures by the private sector 
of more than $100 million in any year.

List of Subjects for 29 CFR Part 1910

    General industry, Health, Occupational safety and health, Safety, 
Welding.

Authority and Signature

    Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational 
Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, 
NW., Washington, DC 20210, directed the preparation of this direct 
final rule. The Agency is issuing this rule under 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 5-2007 (72 FR 31159), and 29 CFR part 
1911.

    Signed at Washington, DC, on Friday, December 7, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.

V. Amendments to Standards

0
For the reasons stated in the preamble, OSHA is amending 29 CFR part 
1910 to read as follows:

PART 1910--[AMENDED]

Subpart A--[Amended]

0
1. Revise the authority citation for subpart A of part 1910 to read as 
follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 
or 5-2007 (72 FR 31159), as applicable.
    Section 1910.6 also issued under 5 U.S.C. 553. Sections 1910.6, 
1910.7, and 1910.8 also issued under 29 CFR Part 1911. Section 
1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, 5 U.S.C. 
553; Pub. L. 106-113 (113 Stat. 1501A-222); and OMB Circular A-25 
(dated July 8, 1993) (58 FR 38142, July 15, 1993).


0
2. In Sec.  1910.6:
0
a. Remove and reserve paragraphs (e)(1), (e)(2), (e)(5), (e)(62), and 
(e)(63), and (i)(1).; and
0
b. Revise paragraphs (e)(15), (e)(49), and (q)(3) to read as follows:


Sec.  1910.6  Incorporation by reference.

* * * * *
    (e) * * *
    (15) ANSI B7.1-70 Safety Code for the Use, Care and Protection of 
Abrasive Wheels, IBR approved for Sec. Sec.  1910.215(b)(12) and 
1910.218(j).
* * * * *
    (49) ANSI Z9.1-51 Safety Code for Ventilation and Operation of Open 
Surface Tanks, IBR approved for 1910.261(a)(3)(xix), (g)(18)(v), and 
(h)(2)(i).
* * * * *
    (q) * * *
    (3) NFPA 33-1969 Standard for Spray Finishing Using Flammable and 
Combustible Material, IBR approved for Sec.  1910.94(c)(2).
* * * * *

Subpart F--[Amended]

0
3-4. Revise the authority citation for subpart F of part 1910 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), or 5-2007 (72 FR 31159), as applicable; 
and 29 CFR Part 1911.


0
5. Revise paragraphs (b)(4) and (b)(8)(ii) of Sec.  1910.68 to read as 
follows:


Sec.  1910.68  Manlifts.

* * * * *
    (b) * * *
    (4) Reference to other codes and subparts. The following codes and 
subparts of this part are applicable to this section: Safety Code for 
Mechanical Power Transmission Apparatus, ANSI B15.1-1953 (R 1958); 
Safety Code for Fixed Ladders, ANSI A14.3-1956; and subparts D, O, and 
S. The preceding ANSI standards are incorporated by reference as 
specified in Sec.  1910.6.
* * * * *

[[Page 71069]]

    (8) * * *
    (ii) Construction. The rails shall be standard guardrails with 
toeboards meeting the provisions of Sec.  1910.23.
* * * * *

Subpart G--[Amended]


0
6. Revise the authority citation for subpart G of part 1910 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), or 5-2007 (72 FR 
31159), as applicable; and 29 CFR Part 1911.
    Section 1910.94 also issued under 5 U.S.C. 553.


0
7. Revise paragraphs (b)(5)(1)(a), (c)(1)(ii), (c)(3)(i) introductory 
text, (c)(3)(i)(a), (c)(3)(iii) introductory text, (c)(3)(iii)(a), 
(c)(5)(i) introductory text, and (c)(5)(iii)(e) of Sec.  1910.94 to 
read as follows:


Sec.  1910.94  Ventilation.

* * * * *
    (b) * * *
    (5) * * *
    (i)(a) It is the dual function of grinding and abrasive cutting-off 
wheel hoods to protect the operator from the hazards of bursting 
wheels, as well as to provide a means for the removal of dust and dirt 
generated. All hoods shall be not less in structural strength than 
specified in Tables O-1 and O-9 of Sec.  1910.215.
* * * * *
    (c) * * *
    (1) * * *
    (ii) Spray booth. Spray booths are defined and described in Sec.  
1910.107(a).
* * * * *
    (3) * * *
    (i) Spray booths shall be designed and constructed in accordance 
with Sec.  1910.107(b)(1) through (b)(4) and (b)(6) through (b)(10). 
For a more detailed discussion of fundamentals relating to this 
subject, see ANSI Z9.2-1960, which is incorporated by reference as 
specified in Sec.  1910.6.
    (a) Lights, motors, electrical equipment, and other sources of 
ignition shall conform to the requirements of Sec.  1910.107(b)(10) and 
(c).
* * * * *
    (iii) Baffles, distribution plates, and dry-type overspray 
collectors shall conform to the requirements of Sec.  1910.107(b)(4) 
and (b)(5).
    (a) Overspray filters shall be installed and maintained in 
accordance with the requirements of Sec.  1910.107(b)(5), and shall 
only be in a location easily accessible for inspection, cleaning, or 
replacement.
* * * * *
    (5) * * *
    (i) Ventilation shall be provided in accordance with provisions of 
Sec.  1910.107(d), and in accordance with the following:
* * * * *
    (iii) * * *
    (e) Inspection or clean-out doors shall be provided for every 9 to 
12 feet of running length for ducts up to 12 inches in diameter, but 
the distance between cleanout doors may be greater for larger pipes. A 
clean-out door or doors shall be provided for servicing the fan, and 
where necessary, a drain shall be provided.
* * * * *

Subpart H--[Amended]

0
8. Revise the authority citation for subpart H of part 1910 to read as 
follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 
or 5-2007 (72 FR 31159), as applicable; and 29 CFR part 1911.
    Sections 1910.103, 1910.106 through 1910.111, and 1910.119, 
1910.120, and 1910.122 through 1910.126 also issued under 29 CFR 
part 1911.
    Section 1910.119 also issued under Section 304, Clean Air Act 
Amendments of 1990 (Pub. L. 101-549), reprinted at 29 U.S.C. 655 
Note.
    Section 1910.120 also issued under Section 126, Superfund 
Amendments and Reauthorization Act of 1986 as amended (29 U.S.C. 655 
Note), and 5 U.S.C. 553.


0
9. Revise paragraph (b)(1)(i)(C) of Sec.  1910.103 to read as follows:


Sec.  1910.103  Hydrogen.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (c) Each portable container shall be legibly marked with the name 
``Hydrogen'' in accordance with the marking requirements set forth in 
Sec.  1910.253(b)(1)(ii). Each manifolded hydrogen supply unit shall be 
legibly marked with the name ``Hydrogen'' or a legend such as ``This 
unit contains hydrogen.''
* * * * *

0
10. Revise paragraph (c)(1)(iv) of Sec.  1910.107 to read as follows:


Sec.  1910.107  Spray finishing using flammable and combustible 
materials.

* * * * *
    (c) * * *
    (1) * * *
* * * * *
    (vi) Powder-coating equipment shall conform to the requirements of 
paragraph (l)(1) of this section.
* * * * *

0
11. Amend paragraph (b)(5)(iii) of Sec.  1910.110 to read as follows:


Sec.  1910.110  Storage and handling of liquid petroleum gases.

* * * * *
    (b) * * *
    (5) * * *
    (iii) When LP-Gas and one or more other gases are stored or used in 
the same area, the containers shall be marked to identify their 
content. Marking shall conform to the marking requirements set forth in 
Sec.  1910.253(b)(1)(ii).
* * * * *

0
12. Revise paragraph (e)(1) of Sec.  1910.111 to read as follows:


Sec.  1910.111  Storage and handling of anhydrous ammonia.

* * * * *
    (e) * * *
    (1) Conformance. Cylinders shall comply with DOT specifications and 
shall be maintained, filled, packaged, marked, labeled, and shipped to 
comply with 49 CFR chapter I and the marking requirements set forth in 
Sec.  1910.253(b)(1)(ii).
* * * * *

Subpart J--[Amended]

0
13. Revise the authority citation for subpart J of part 1910 to read as 
follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 
or 5-2007 (72 FR 31159), as applicable.
    Sections 1910.141, 1910.142, 1910.145, 1910.146, and 1910.147 
also issued under 29 CFR part 1911.


0
14. Revise paragraph (a)(1)(ii) of Sec.  1910.144 to read as follows:


Sec.  1910.144  Safety color code for marking physical hazards.

    (a) * * *
    (1) * * *
    (ii) Danger. Safety cans or other portable containers of flammable 
liquids having a flash point at or below 80[deg] F, table containers of 
flammable liquids (open cup tester), excluding shipping containers, 
shall be painted red with some additional clearly visible 
identification either in the form of a

[[Page 71070]]

yellow band around the can or the name of the contents conspicuously 
stenciled or painted on the can in yellow. Red lights shall be provided 
at barricades and at temporary obstructions. Danger signs shall be 
painted red.
* * * * *

Subpart P--[Amended]

0
15. Revise the authority citation for subpart P of part 1910 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), or 5-2007 (72 FR 31159), as applicable; 
29 CFR part 1911.
    Section 1910.243 also issued under 29 CFR part 1910.


0
16. Revise paragraph (d)(1)(i) of Sec.  1910.243 to read as follows:


Sec.  1910.243  Guarding of portable powered tools.

* * * * *
    (d) * * *
    (1) * * *
    (i) Explosive-actuated fastening tools that are actuated by 
explosives or any similar means, and propel a stud, pin, fastener, or 
other object for the purpose of affixing it by penetration to any other 
object shall meet the design requirements specified by paragraph (d)(2) 
of this section. This requirement does not apply to devices designed 
for attaching objects to soft construction materials, such as wood, 
plaster, tar, dry wallboard, and the like, or to stud-welding 
equipment.
* * * * *

Subpart Q--[Amended]

0
17. Revise the authority citation for subpart Q of part 1910 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); Secretary of 
Labor's Orders Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 
50017), or 5-2007 (72 FR 31159), as applicable; and 29 CFR part 
1911.


Sec.  1910.251  [Amended]

0
18. Remove paragraph (c) of Sec.  1910.251.

0
19. Revise paragraph (b)(1)(ii) of Sec.  1910.253 to read as follows:


Sec.  1910.253  Oxygen-fuel gas welding and cutting.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Compressed gas cylinders shall be legibly marked, for the 
purpose of identifying the gas content, with either the chemical or the 
trade name of the gas. Such marking shall be by means of stenciling, 
stamping, or labeling, and shall not be readily removable. Whenever 
practical, the marking shall be located on the shoulder of the 
cylinder.
* * * * *

Subpart R--[Amended]

0
20. Revise the authority citation for subpart R of part 1910 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), 1-90 (55 FR 9033), 6-96 (62 FR 111), or 5-2007 (72 FR 
31159), as applicable; and 29 CFR part 1911.

0
21. Revise paragraphs (c)(15)(ii), (e)(4), (g)(13)(i), (h)(1), 
(j)(4)(iii), (j)(5)(i), (k)(6), (k)(13)(i), and (k)(15) of Sec.  
1910.261 to read as follows:


Sec.  1910.261  Pulp, paper, and paperboard mills.

* * * * *
    (c) * * *
    (15) * * *
    (ii) Where conveyors cross passageways or roadways, a horizontal 
platform shall be provided under the conveyor extending out from the 
sides of the conveyor a distance equal to 1.5 times the length of the 
wood handled. The platform shall extend the width of the road plus 2 
feet on each side, and shall be kept free of wood and rubbish. The 
edges of the platform shall be provided with toeboards or other 
protection to prevent wood from falling, in accordance with Sec.  
1910.23.
* * * * *
    (e) * * *
    (4) Runway to the jack ladder. The runway from the pond or 
unloading dock to the table shall be protected with standard handrails 
and toeboards. Inclined portions shall have cleats or equivalent 
nonslip surfacing in accordance with Sec.  1910.23. Protective 
equipment shall be provided for persons working over water.
* * * * *
    (g) * * *
    (13) * * *
    (i) Blowpit openings shall be preferably on the side of the pit 
instead of on top. When located on top, openings shall be as small as 
possible and shall be provided with railings in accordance with Sec.  
1910.23.
* * * * *
    (h) * * *
    (1) Bleaching engines. Bleaching engines, except the Bellmer type, 
shall be completely covered on the top, with the exception of one small 
opening large enough to allow filling, but too small to admit a person. 
Platforms leading from one engine to another shall have standard 
guardrails in accordance with Sec.  1910.23.
* * * * *
    (j) * * *
    (4) * * *
    (iii) When beaters are fed from a floor above, the chute opening, 
if less than 42 inches from the floor, shall be provided with a 
complete rail or other enclosure. Openings for manual feeding shall be 
sufficient only for entry of stock, and shall be provided with at least 
two permanently secured crossrails in accordance with Sec.  1910.23.
* * * * *
    (5) * * *
    (i) All pulpers having the top or any other opening of a vessel 
less than 42 inches from the floor or work platform shall have such 
openings guarded by railed or other enclosures. For manual charging, 
openings shall be sufficient to permit the entry of stock, and shall be 
provided with at least two permanently secured crossrails in accordance 
with Sec.  1910.23.
* * * * *
    (k) * * *
    (6) Steps. Steps of uniform rise and tread with nonslip surfaces 
shall be provided at each press in accordance with Sec.  1910.23.
* * * * *
    (13) * * *
    (i) A guardrail shall be provided at broke holes in accordance with 
Sec.  1910.23.
* * * * *
    (15) Steps. Steps or ladders of uniform rise and tread with nonslip 
surfaces shall be provided at each calendar stack. Handrails and hand 
grips shall be provided at each calendar stack in accordance with Sec.  
1910.23.
* * * * *

[FR Doc. E7-24181 Filed 12-13-07; 8:45 am]

BILLING CODE 4510-26-P
