
[Federal Register Volume 76, Number 243 (Monday, December 19, 2011)]
[Notices]
[Pages 78698-78701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32369]



[[Page 78698]]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0054]


Proposed Revocation of Permanent Variances

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

ACTION: Notice.

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SUMMARY: Between 1975 and 1977, the Occupational Safety and Health 
Administration (``OSHA'' or ``the Agency'') granted permanent variances 
to 24 companies engaged in the construction of cylindrical steel tanks. 
The variances specified several conditions that served as an 
alternative means of compliance to the falling-object-protection and 
fall-protection requirements of the standard on general requirements 
for scaffolds in effect during this period. In 1996, OSHA revised Sec.  
1926.451 to include provisions that duplicated the conditions specified 
by these variances. Therefore, OSHA believes the alternative means of 
compliance granted by the variances is no longer necessary, and is 
proposing to revoke the variances.

DATES: Submit comments and requests for a hearing (postmarked, sent, or 
received) by February 2, 2012. Hearing requests must provide a short 
and plain statement detailing (1) how the proposed revocation would 
affect the requesting party, and (2) what the requesting party would 
seek to show on the subjects or issues involved.

ADDRESSES: Electronic. Submit comments and requests for a hearing 
electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile. OSHA allows facsimile transmission of comments that are 
10 pages or fewer in length (including attachments), as well as hearing 
requests. Send these comments and requests to the OSHA Docket Office at 
(202) 693-1648; hard copies of these comments are not required. Instead 
of transmitting facsimile copies of attachments that supplement their 
comments (e.g., studies and journal articles), commenters may 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-2011-0054) so that the Agency can attach them to the 
appropriate comments.
    Regular mail, express delivery, hand (courier) delivery, and 
messenger service. Submit three copies of comments and any additional 
material (e.g., studies and journal articles), as well as hearing 
requests, to the OSHA Docket Office, Docket No. OSHA-2011-0054, 
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 
Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693-2350. 
Please contact the OSHA Docket Office at (202) 693-2350 for information 
about security procedures concerning the delivery of materials by 
express delivery, hand delivery, and messenger service. The hours of 
operation for the OSHA Docket Office and Department of Labor are 8:15 
a.m. to 4:45 p.m., E.S.T.
    Instructions. All submissions must include the organization's name 
and the OSHA docket number (i.e., OSHA Docket No. OSHA-2011-0054). OSHA 
places comments and other materials, including any personal 
information, in the public docket without revision, and these materials 
may 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.
    Docket. To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or to the OSHA Docket Office 
at the address above. All 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.

FOR FURTHER INFORMATION CONTACT: General information and press 
inquiries. Contact Frank Meilinger, Director, OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Avenue NW., Washington, DC 20210; telephone: (202) 693-1999.
    Technical information. Contact Stefan Weisz, Office of Technical 
Programs and Coordination Activities, Room N-3655, OSHA, U.S. 
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; 
telephone: (202) 693-2110; fax: (202) 693-1644.
    Copies of this Federal Register notice. Electronic copies of this 
notice are available at http://www.regulations.gov. Electronic copies 
of this notice, as well as news releases and other relevant 
information, are available on OSHA's Web site at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    OSHA's general requirements for scaffolds used in the construction 
industry are set forth at 29 CFR 1926.451. OSHA adopted this standard 
from Section 107 of the Contract Work Hours and Safety Standards Act 
(Construction Safety Act) (40 U.S.C. 3704) under Section 6(a) of the 
Occupational Safety and Health Act of 1970 (OSH Act; 29 U.S.C. 651, 
655) in 1971 (see 36 FR 7340). Paragraphs (a)(4) and (a)(5) of Sec.  
1926.451 required employers to erect, on scaffolds more than 10 feet 
above the ground or floor, toeboards having a minimum height of four 
inches on all open sides and open ends of the platforms. These 
requirements prevented tools and other equipment from falling from the 
scaffold and striking employees below. To ensure the structural 
integrity of scaffolds, Sec.  1926.451(a)(5) required employers to 
erect guardrail supports at intervals not to exceed eight feet, while 
Table L-3 in Sec.  1926.451(a)(10) set maximum permissible spans for 2- 
x 10-inch (or wider) planks.
    Between 1975 and 1977, OSHA granted 24 permanent variances from the 
falling-object-protection and fall-protection requirements in Sec.  
1926.451(a)(4), (a)(5), and (a)(10) to employers using scaffolds in the 
construction of cylindrical steel tanks. Construction of these tanks 
involves attaching curved steel plates together to form the outer 
surface of a tank. After attaching a horizontal layer (ring) of steel 
plates around the circumference of the existing shell, employees raise 
the scaffolds to attach the next ring of steel plates onto the existing 
shell. Steel mills typically fabricate the steel plates to a standard 
length. After delivery of the steel plates to a worksite, and prior to 
attaching the plates to form the outer surface of a tank, employers 
attach scaffolding and guardrail supports to brackets welded onto the 
steel plates. The standard length and radius of the steel plates makes 
it difficult for employers to properly space scaffolding and guardrail 
supports as specified by Sec.  1926.451. To address this problem, 
employers developed special procedures and methods, including special 
scaffolding that is more mobile,

[[Page 78699]]

flexible, and holds fewer workers than conventional scaffolding.

A. Alternative Means of Compliance Specified in the 24 Variances

    The variances OSHA granted to the 24 employers did not require 
scaffolds used in the construction of cylindrical steel tanks to have 
the toeboards required by Sec.  1926.451(a)(4) and (a)(5). Instead, the 
variances specified that the employers must implement the following 
conditions as an alternative means of compliance: (1) Ensure that 
employees keep loose tools and equipment in secure, well designed, 
containers; and (2) use ropes to demarcate the area below the scaffold 
and post clearly visible signs indicating ``overhead work above.'' The 
variances also stated that no more than three employees could work on a 
10\1/2\-foot plank at any time.
    Since the contour of the steel plates on a tank's outer surface is 
curved, and the adjacent edge of the scaffold is straight, there is an 
open space between them. As a result, the variances provided for the 
installation of a taut wire rope between the innermost edge of the 
scaffold and the curved plate of a tank's outer surface to serve as a 
safety line in place of a guardrail assembly. In the event the open 
space on either side of the rope exceeded 12 inches, the employer had 
to install a second wire rope or guardrail. Also, the variances set 
10\1/2\ feet as the maximum distance between brackets used to attach 
scaffolding and guardrail supports, and stated that employers had to 
weld such brackets to the steel plates.
    Additionally, the variances required employers to use scaffold 
planks of rough full-dimensioned 2-inch x 12-inch x 12-foot Douglas Fir 
or Southern Yellow Pine of Select Structural Grade. The Douglas Fir 
planking had to have at least a 1,900 fiber stress and 1,900,000 
modulus of elasticity, while the Yellow Pine planking had to have at 
least 2,500 fiber stress and 2,000,000 modulus of elasticity. Employers 
had to secure all planking from movement or overlapped in accordance 
with Sec.  1926.451(a)(12). The variances also required that employers 
construct guardrails of taut wire rope, and support the guardrails 
using angle irons attached to brackets welded to the steel plates. 
These guardrails had to be at least equivalent in strength, stability, 
and height to the 2-inch x 4-inch x 8-foot wooden rails addressed in 
Sec.  1926.451(a)(5). Finally, the variances provided that employers 
space guardrail supports at intervals no greater than 10\1/2\ feet 
apart.

B. OSHA's Current Standard

    On August 30, 1996, OSHA issued a final rule revising its 
construction safety standards regulating the design, construction, and 
use of scaffolds (61 FR 46026). In the preamble to the final rule, OSHA 
stated that it was updating its scaffold standards and, when possible, 
establishing performance-oriented criteria to protect employees from 
scaffold-related hazards such as falls, falling objects, structural 
instability, electrocution, and overloading. OSHA also explained that 
it was not issuing specific requirements for the tank-building industry 
because the Agency believed it addressed adequately the requirements 
for tank scaffolds under the general provisions of this final rule (see 
61 FR 46033). In this regard, the final rule revised the requirements 
in Sec.  1926.451(a)(4), (a)(5), and (a)(10). These revisions are set 
forth in Sec.  1926.451, as well as non-mandatory Appendix A of 29 CFR 
part 1926, subpart L.
    OSHA's current standard at Sec.  1926.451(h) addresses the 
protection of employees from scaffold-related falling-object hazards. 
Section 1926.451(h)(1) requires employers to ensure that employees 
working on scaffolds wear hardhats, and to protect these employees from 
falling hand tools, debris, and other small objects. Section 
1926.451(h)(2) sets forth several options for employers to use to 
prevent tools, materials, or equipment from falling from a scaffold and 
striking employees below. Paragraphs (h)(2)(i), (ii), (iii), (iv), and 
(v) of Sec.  1926.451 specify these options, respectively, as follows: 
(1) Using barricades on lower levels to exclude employees from areas 
where falling objects might land; (2) erecting toeboards along the edge 
of platforms for a distance sufficient to protect workers below, when 
the platforms are more than 10 feet above lower levels; (3) erecting 
paneling or screening when tools or other materials piled on the 
platform reach a height higher than the top edge of a toeboard; (4) 
installing a guardrail system designed so that the openings will 
prevent the passage of falling objects; and (5) installing debris nets, 
catch platforms, or canopies to protect workers below scaffolds from 
falling objects.
    Appendix A to subpart L addresses scaffold specifications, and 
provides non-mandatory guidance to assist employers in complying with 
the requirements in subpart L. Paragraph (z) of this appendix provides 
guidance regarding the use of tank builder's scaffolds. In the preamble 
to the 1996 final rule, OSHA noted that the introductory text of the 
appendix clearly indicates that employers following the appendix will 
be in compliance with the requirements of the standard that pertain to 
scaffolds used in the construction of cylindrical tanks. However, OSHA 
stated further that employers choosing not to follow the appendix still 
must comply with applicable requirements in Sec.  1926.451, 
particularly paragraphs (a) and (f) (see 61 FR 46033).
    Paragraph (z)(1) of the appendix states that the maximum distance 
between the brackets used to attach the scaffolding and guardrail 
supports shall be no more than 10\1/2\ feet, while paragraph (z)(2) 
provides that no more than three employees shall occupy a 10\1/2\-foot 
scaffolding plank at any time. Paragraph (z)(3) requires that employers 
install a taut wire or synthetic rope supported on the scaffold 
brackets at the scaffold-plank level between the innermost edge of the 
scaffold platform and the curved plates of the tank's outer surface to 
serve as a safety line in place of an inner guardrail assembly when the 
space between the scaffold platform and the tank exceeds 12 inches. If 
the space on either side of the rope exceeds 12 inches, employers must 
install a second wire or synthetic rope in an appropriate location, or 
install guardrails in accordance with Sec.  1926.451(e)(4), to reduce 
the open space to less than 12 inches.
    Additionally, paragraph (z)(4) provides that employers must use 
scaffold planks of rough full-dimensioned 2- x 12-inch Douglas Fir or 
Southern Yellow Pine of Select Structural Grade. Douglas Fir planks 
must have a fiber stress of at least 1,900 lb/m\2\ and a modulus of 
elasticity of at least 1,900,000 lb/m\2\, while Yellow Pine planks must 
have a fiber stress of at least 2,500 lb/m\2\ and a modulus of 
elasticity of at least 2,000,000 lb/m\2\. Finally, paragraph (z)(5) 
states that employers must construct guardrails of a taut wire or 
synthetic rope, and support these guardrails using angle irons attached 
to brackets welded to the steel plates. These guardrails shall comply 
with Sec.  1926.451(e)(4), and employers must space the guardrail 
supports at intervals no greater than 10\1/2\ feet apart.
    The following table compares the conditions specified in the 24 
variances with the analogous paragraphs of the current Sec.  1926.451.

[[Page 78700]]



------------------------------------------------------------------------
                                            Provision in current Sec.
           Variance condition             1926.451 and Appendix A of 29
                                               CFR 1926,  Subpart L
------------------------------------------------------------------------
Condition (1) or (a): The applicants'    1926.451(h)(1): In addition to
 loose tools and equipment shall be       wearing hardhats each employee
 kept in well-designed tool containers.   on a scaffold shall be
 This does not include fitup bars, key    provided with additional
 plates, key channels, or long handled    protection from falling hand
 mauls which may be placed on the         tools, debris, and other small
 scaffold plank during the time they      objects through the
 are required for work. The loose tool    installation of toeboards,
 containers shall be secured to prevent   screens, or guardrail systems,
 their upset or dislodgment from the      or through the erection of
 scaffold area.                           debris nets, catch platforms,
                                          or canopy structures that
                                          contain or deflect the falling
                                          objects. When the falling
                                          objects are too large, heavy
                                          or massive to be contained or
                                          deflected by any of the above-
                                          listed measures, the employer
                                          shall place such potential
                                          falling objects away from the
                                          edge of the surface from which
                                          they could fall and shall
                                          secure those materials as
                                          necessary to prevent their
                                          falling.
Condition (2) or (b): Areas beneath and  1926.451(h)(2)(i): The area
 far enough away from the base of the     below the scaffold to which
 scaffold to contain anything that        objects can fall shall be
 falls from above shall be roped off      barricaded, and employees
 and posted with clearly visible signs    shall not be permitted to
 stating: ``Danger Overhead Work.''.      enter the hazard area.
Condition (3) or (c): The space between  1926.451 Appendix A (z)(3): A
 the innermost edge of the scaffold       taut wire or synthetic rope
 platform and the curved plate            supported on the scaffold
 structure of the tank shell shall not    brackets shall be installed at
 exceed 12'' without protective           the scaffold plank level
 measures. A taut wire rope supported     between the innermost edge of
 on scaffold brackets at plank level      the scaffold platform and the
 may be used to divide any space          curved plate structure of the
 exceeding 12'' in lieu of using a        tank shell to serve as a
 guardrail or tie-off system.             safety line in lieu of an
                                          inner guardrail assembly where
                                          the space between the scaffold
                                          platform and the tank exceeds
                                          12 inches (30.48 cm). In the
                                          event the open space on either
                                          side of the rope exceeds 12
                                          inches (30.48 cm), a second
                                          wire or synthetic rope
                                          appropriately placed, or
                                          guardrails in accordance with
                                          1926.451(e)(4), shall be
                                          installed in order to reduce
                                          that open space to less than
                                          12 inches (30.48 cm).
Condition (4) or (d): Not more than      1926.451 Appendix A (z)(2): Not
 three employees shall be working on a    more than three employees
 10' 6'' span of scaffold planking at     shall occupy a 10 feet 6 inch
 any time.                                span of scaffold planking at
                                          any time.
Condition (5) or (e): The maximum        1926.451 Appendix A (z)(1): The
 distance between brackets to which       maximum distance between
 scaffolding and guardrail supports are   brackets to which scaffolding
 attached shall be 10' 6''. These         and guardrail supports are
 brackets shall be welded to the steel    attached shall be no more than
 plates.                                  10 feet 6 inches.
Condition (6) or (f): Scaffold planks    1926.451 Appendix A (z)(4):
 or rough full-dimensioned 2'' x 12'' x   Scaffold planks of rough full-
 12' Douglas Fir or equivalent            dimensioned 2-inch (5.1 cm) x
 planking, shall be used. The Douglas     12-inch (30.5 cm) Douglas Fir
 Fir shall have at least a 1,900 fiber    or Southern Yellow Pine of
 stress and 1,900,000 modulus of          Select Structural Grade shall
 elasticity. Three planks with full       be used. Douglas Fir planks
 thickness 2'' x 10'' x 12' dimensions    shall have a fiber stress of
 may be used in lieu of two 2'' x 12''    at least 1900 lb/in\2\
 x 12' planks provided that they are      (130,929 n/cm\2\) and a
 clamped or bonded together at the        modulus of elasticity of at
 midpoint of the span in order to         least 1,900,000 lb/in\2\
 spread the weight of the employees.      (130,929,000 n/cm\2\), while
                                          Yellow Pine planks shall have
                                          a fiber stress of at least
                                          2500 lb/in\2\ (172,275 n/cm\2\
                                          and a modulus of elasticity of
                                          at least 2,000,000 lb/in\2\)
                                          (137,820,000 n/cm\2\).
Condition (7) or (g): All planking       1926.451(f)(15)(ii): The
 shall be secured from movement or        platform units shall be
 overlapped in accordance with            secured to the scaffold to
 1926.451(a)(12).                         prevent their movement;
Condition (8) or (h): Guardrails shall   1926.451 Appendix A (z)(5):
 be constructed of taut wire rope, and    Guardrails shall be
 shall be supported by angle irons        constructed of a taut wire or
 attached to brackets welded to the       synthetic rope, and shall be
 steel plates. These guardrails shall     supported by angle irons
 be at least of equivalent strength,      attached to brackets welded to
 stability and height as those required   the steel plates. These
 for the 8 foot span of 2'' x 4'' wood    guardrails shall comply with
 rails by 29 CFR 1926.451(a)(15).         Sec.   1926.451(e)(4).
 Guardrail supports shall be located at   Guardrail supports shall be
 no greater than 10' 6'' intervals.       located at no greater than 10
                                          feet 6 inch intervals.
------------------------------------------------------------------------

    Based on the comparisons in this table, OSHA finds that current 
Sec.  1926.451 and Appendix A to 29 CFR part 1926, subpart L, which 
replaced the standards from which the employers received the variances, 
substantially duplicate the conditions specified by these variances, 
and that the current standards and the variances impose equivalent 
compliance burdens on employers. Accordingly, the current Sec.  
1926.451 and its associated appendix provide employees with protection 
that is at least equal to the protection afforded to them by the 
conditions specified by the variances. Therefore, OSHA is proposing to 
revoke the variances and require that the employers comply instead with 
the appropriate provisions of Sec.  1926.451 and Appendix A to 29 CFR 
part 1926, subpart L.
    The following table provides information about the variances 
proposed for revocation by this notice; interested parties may refer to 
the Federal Register cite in the table to obtain detailed information 
about the variances.

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                                                                                                                                 OSHA Standards affected
     Name of employer (company) *                  Variance No.              Date granted          Federal Register cite                    **
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American Bridge Division, United       V-74-44, V-74-57...................        05/06/75  40 FR 19715........................  1926.451(a)(4), (5),
 States Steel Corp.                                                                                                               and (10).
Baker Tank Company...................  V-77-7, V-77-1.....................        08/09/77  42 FR 40269........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
Bethlehem Steel Corporation,           V-74-44, V-74-57...................        05/06/75  40 FR 19715........................  1926.451(a)(4), (5),
 Fabricated Steel Construction                                                                                                    and (10).
 Division.
Brown Minneapolis Tank and             V-73-31, V-74-30...................        04/04/75  40 FR 15139........................  1926.451(a)(4), (5),
 Fabricating Co.                                                                                                                  and (10).
Caldwell Tanks, Inc..................  V-73-31, V-74-30...................        04/04/75  40 FR 15139........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
Chattanooga Boiler & Tank Co.........  V-73-31, V-74-30...................        04/04/75  40 FR 15139........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
Chicago Bridge & Iron Co.............  V-73-31, V-74-30...................        04/04/75  40 FR 15139........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
Edwards Tank Erection, Inc...........  V-76-4, V-76-5.....................        09/24/76  41 FR 41976........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).

[[Page 78701]]

 
Fisher Tank and Welding Co...........  V-73-31, V-74-30...................        04/04/75  40 FR 15139........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
General American Transportation        V-75-35............................        04/27/76  41 FR 17642........................  1926.451(a)(4), (5),
 Corporation.                                                                                                                     and (10).
Gorbett Brothers, Inc................  V-75-35............................        04/27/76  41 FR 17642........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
Graver Tank & Manufacturing Co.......  V-73-31, V-74-30...................        04/04/75  40 FR 15139........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
Marathon Steel Co. (formerly Allison   V-73-31, V-74-30...................        04/04/75  40 FR 15139........................  1926.451(a)(4), (5),
 Steel Manufacturing Co.).                                                                                                        and (10).
Newport News Industrial Corporation    V-76-4, V-76-5.....................        09/24/76  41 FR 41976........................  1926.451(a)(4), (5),
 of Ohio.                                                                                                                         and (10).
Nooter Corp..........................  V-73-31, V-74-30...................        04/04/75  40 FR 15139........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
Pittsburgh-Des Moines Steel Co.......  V-73-31, V-74-30...................        04/04/75  40 FR 15139........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
Prairie Tank and Construction Company  V-75-35............................        04/27/76  41 FR 17642........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
PSF Industries, Inc..................  V-74-44, V-74-57...................        05/06/75  40 FR 19715........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
Richmond Engineering Company, Inc....  V-77-7, V-77-1.....................        08/09/77  42 FR 40269........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
Tank Services, Inc...................  V-75-35............................        04/27/76  41 FR 17642........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
The Bishopric Products, Co...........  V-73-31, V-74-30...................        04/04/75  40 FR 15139........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
Universal Tank & Iron Works..........  V-73-31, V-74-30...................        04/04/75  40 FR 15139........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
Western Petro-Chem. Services, Inc....  V-73-31, V-74-30...................        04/04/75  40 FR 15139........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
Wyatt, Division U.S. Industries......  V-73-31, V-74-30...................        04/04/75  40 FR 15139........................  1926.451(a)(4), (5),
                                                                                                                                  and (10).
--------------------------------------------------------------------------------------------------------------------------------------------------------
 * As listed on the original variance.
** From OSHA's original scaffold standard issued in 1971.

II. State Plan States

    Twenty-two states administer OSHA-approved occupational safety and 
health programs, or State Plans, that have jurisdiction over private-
sector employers within the state. These states 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. OSHA granted the 24 variances at issue under Federal authority 
with nationwide applicability, without reference to the State Plans. 
Subsequently, each State Plan state assumed responsibility for most 
occupational safety and health activities in the state, including 
enforcement, standards development, and granting variances. 
Accordingly, each State Plan state adopted state scaffolding standards 
that are identical to, or at least as effective as, the current Federal 
standard at 29 CFR 1926.451. If OSHA revokes the variances described 
herein, affected employers operating in one or more of these State Plan 
states must determine if the applicable state standards are identical 
to, or different from, OSHA's. These companies must meet any state-
specific requirements in these standards, or apply directly to the 
State Plan Office for a variance from the state standard. Information 
on State Plans is available on OSHA's Web site at http://www.osha.gov/dcsp/osp/index.html, and includes links to each state's Web site, as 
well as information on state-specific standards.

III. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Ave. NW., Washington, DC, directed the preparation of this 
notice. OSHA is issuing this notice under the authority specified by 
Section 6(d) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655), Secretary of Labor's Order No. 4-2010 (75 FR 55355), and 
29 CFR part 1905.

    Signed at Washington, DC, on December 13, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-32369 Filed 12-16-11; 8:45 am]
BILLING CODE 4510-26-P


