
[Federal Register Volume 78, Number 42 (Monday, March 4, 2013)]
[Notices]
[Pages 14122-14126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04825]


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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0054]


Revocation of Permanent Variances

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

ACTION: Notice of revocation.

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

SUMMARY: With this notice, OSHA is revoking twenty-four (24) obsolete 
variances. Between 1975 and 1977, OSHA 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 governing general 
requirements for scaffolds in effect during this period. In 1996, OSHA 
revised its scaffolds standards for construction to include provisions 
that essentially 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 revoking the 
variances.
    Based on comments received in response to a December 19, 2011, 
notice proposing to revoke these variances (76 FR 78698), on August 7, 
2012, OSHA published a notice in the Federal Register correcting 
several cross references in OSHA's scaffolds standards for construction 
(77 FR 46948). Today's notice revoking the variances takes into 
consideration these newly corrected cross references.

DATES: The effective date of the revocation of the permanent variances 
is March 4, 2013.

FOR FURTHER INFORMATION CONTACT: 
General information and press inquiries. 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. 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-
inch 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 make 
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, 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

[[Page 14123]]

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 overlap it 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 required employers to 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 scaffolds standards in construction 
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 the 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 builders' 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).

II. Comments on the Proposed Revocation of Variances

    OSHA published a proposed revocation of the permanent variances in 
the Federal Register on December 19, 2011 (76 FR 78698). The notice 
invited interested parties, including the 24 companies engaged in the 
construction of cylindrical steel tanks granted the permanent 
variances, and affected employees, to submit written data, views, and 
arguments regarding the proposed revocation. The notice also included a 
table comparing the conditions specified in the 24 variances with the 
analogous paragraphs in OSHA's current Sec.  1926451 and Appendix A to 
29 CFR part 1926, subpart L. In addition, the Federal Register notice 
stated that interested parties could request a hearing on the proposed 
revocation of the permanent variances. OSHA did not receive any 
requests for a hearing.
    OSHA received one comment on the proposed revocation. Mr. Donald 
Lowe of Tampa Tank, Inc., submitted a comment requesting clarification 
of the table comparing the variance conditions with OSHA's current 
standard at Sec.  1926.451 and Appendix A to 29 CFR part 1926, subpart 
L (see Document ID No. OSHA-2011-0054-0001 \1\). The comment indicated 
that paragraphs (z)(3) and (z)(5) in Appendix A incorrectly refer to 
guardrail requirements in Sec.  1926.451(e)(4).
---------------------------------------------------------------------------

    \1\ In Docket No. OSHA-2011-0054 for this revocation action.
---------------------------------------------------------------------------

III. OSHA's Corrected Standard

    OSHA published a correction notice addressing its standards on 
respiratory protection, mechanical power presses, and scaffold 
specifications in the Federal Register on August 7, 2012 (77 FR 46948). 
This notice included correcting a cross reference made in two 
paragraphs in Appendix A to 29 CFR part 1926, subpart L, which specify 
requirements for tank builders' scaffolds. Specifically, when OSHA 
published its 1996 final rule addressing scaffolds standards in 
construction, paragraphs (z)(3) and (z)(5) in Appendix A referred to 
guardrail requirements in Sec.  1926.451(e)(4). However, the 
requirements at Sec.  1926.451(e)(4) contain provisions for stair 
towers; these provisions are not applicable to tank builders' 
scaffolds. The reference cited in paragraphs (z)(3) and (z)(5) should 
be to paragraph Sec.  1926.451(g)(4), which addresses in part guardrail 
systems for tank builders' scaffolds. Accordingly, the August 7, 2012, 
Federal Register notice corrected paragraphs (z)(3) and (z)(5) of 
Appendix A to refer to Sec.  1926.451(g)(4).
    Because of the August 7, 2011, correction, it is important to state 
exactly what tank builders must do to be in compliance with Appendix A. 
Paragraph (z)(1) of Appendix A 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 scaffold 
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; this wire 
or rope serves 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

[[Page 14124]]

wire or 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(g)(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-inch 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 must comply 
with Sec.  1926.451(g)(4), and employers must space the guardrail 
supports at intervals no greater than 10\1/2\ feet apart.

IV. Other Corrections

    Condition (8) or (h) from the comparison table in the December 19, 
2011, Federal Register notice proposing to revoke the variances 
included a reference to 29 CFR 1926.451(a)(15). This condition states: 
``Guardrails shall be constructed of taut wire rope, and shall be 
supported by angle irons attached to brackets welded to the steel 
plates. These guardrails shall be at least of equivalent strength, 
stability and height as those required for the 8 foot span of 
2 x 4 wood rails by 29 CFR 1926.451(a)(15). 
Guardrail supports shall be located at no greater than 10[foot] 
6 intervals.''
    OSHA notes that condition (8) from most of the tank-builder 
variances granted between 1975 and 1977 reference OSHA's former 
scaffolding standard at Sec.  1926.451(a)(5). The one exception is a 
variance granted to the Baker Tank Company on August 9, 1977 (42 FR 
40269), which references Sec.  1926.451(a)(15). Former Sec.  
1926.451(a)(15) states, ``The poles, legs, or uprights of scaffolds 
shall be plumb, and securely and rigidly braced to prevent swaying and 
displacement,'' while former Sec.  1926.451(a)(5) states, ``Guardrails 
shall be 2 x 4 inches or the equivalent, approximately 42 inches high, 
with a midrail, when required. Supports shall be at intervals not to 
exceed 8 feet. Toeboards shall be a minimum of 4 inches in height.''
    The reference to Sec.  1926.451(a)(15) in condition (8) of the 1977 
Baker Tank Company variance is incorrect. OSHA used the conditions from 
the 1977 Baker Tank Company variance to develop the comparison table 
used in its December 19, 2011, variance-revocation notice. As a result, 
condition (8) or (h) of that table incorporated the incorrect reference 
(to Sec.  1926.451(a)(15)). Accordingly, OSHA modified variance 
condition (8) or (h) in the comparison table below to reference Sec.  
1926.451(a)(5) instead of Sec.  1926.451(a)(15).\2\
---------------------------------------------------------------------------

    \2\ The comparison table below also corrects the reference to 
Sec.  1926.451(e)(4) to Sec.  1926.451(g)(4), as discussed in the 
previous section of this notice.
---------------------------------------------------------------------------

    The following table compares the conditions specified in the 24 
variances with the analogous paragraphs of the current corrected 
provisions in Sec.  1926.451 and Appendix A of 29 CFR part 1926, 
subpart L.

------------------------------------------------------------------------
                                            Provision in current Sec.
           Variance condition             1926.451 and appendix A of 29
                                             CFR Part 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
 kept in well-designed tool containers.   employee on a scaffold shall
 This does not include fitup bars, key    be 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  Appendix A, Paragraph (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(g)(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      Appendix A, Paragraph (z)(2):
 three employees shall be working on a    Not 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        Appendix A, Paragraph (z)(1):
 distance between brackets to which       The 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.

[[Page 14125]]

 
Condition (6) or (f): Scaffold planks    Appendix A, Paragraph (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   Appendix A, Paragraph (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)(5).          Sec.   1926.451(g)(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 the table contrasting the variance 
conditions with the analogous paragraphs in the current standard for 
scaffolds in construction, OSHA finds that current Sec.  1926.451 and 
corrected 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 corrected standards and the variances impose equivalent 
compliance burdens on employers. Accordingly, 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.

V. Findings and Conclusions

    Based on its review of the record, including the corrections to the 
references in Appendix A to 29 CFR part 1926, subpart L, OSHA finds 
that 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 described 
herein. Therefore, OSHA concludes that these variances are unnecessary, 
and is revoking the variances and requiring employers to 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 
revoked by this notice. Interested parties may refer to the Federal 
Register cite in the table to obtain detailed information about the 
variances.

----------------------------------------------------------------------------------------------------------------
                                                                                   Federal       OSHA Standards
  Name of employer (company) *           Variance No.           Date granted   Register  Cite     Affected **
----------------------------------------------------------------------------------------------------------------
American Bridge Division,        V-74-44, V-74-57............        05/06/75     40 FR 19715  1926.451(a)(4),
 United States Steel Corp.                                                                      (a)(5), and
                                                                                                (a)(10).
Baker Tank Company.............  V-77-7, V-77-1..............        08/09/77     42 FR 40269  1926.451(a)(4),
                                                                                                (a)(5), and
                                                                                                (a)(10).
Bethlehem Steel Corporation,     V-74-44, V-74-57............        05/06/75     40 FR 19715  1926.451(a)(4),
 Fabricated Steel Construction                                                                  (a)(5), and
 Division.                                                                                      (a)(10).
Brown Minneapolis Tank and       V-73-31, V-74-30............        04/04/75     40 FR 15139  1926.451(a)(4),
 Fabricating Co.                                                                                (a)(5), and
                                                                                                (a)(10).
Caldwell Tanks, Inc............  V-73-31, V-74-30............        04/04/75     40 FR 15139  1926.451(a)(4),
                                                                                                (a)(5), and
                                                                                                (a)(10).
Chattanooga Boiler & Tank Co...  V-73-31, V-74-30............        04/04/75     40 FR 15139  1926.451(a)(4),
                                                                                                (a)(5), and
                                                                                                (a)(10).
Chicago Bridge & Iron Co.......  V-73-31, V-74-30............        04/04/75     40 FR 15139  1926.451(a)(4),
                                                                                                (a)(5), and
                                                                                                (a)(10).
Edwards Tank Erection, Inc.....  V-76-4, V-76-5..............        09/24/76     41 FR 41976  1926.451(a)(4),
                                                                                                (a)(5), and
                                                                                                (a)(10).
Fisher Tank and Welding Co.....  V-73-31, V-74-30............        04/04/75     40 FR 15139  1926.451(a)(4),
                                                                                                (a)(5), and
                                                                                                (a)(10).
General American Transportation  V-75-35.....................        04/27/76     41 FR 17642  1926.451(a)(4),
 Corporation.                                                                                   (a)(5), and
                                                                                                (a)(10).
Gorbett Brothers, Inc..........  V-75-35.....................        04/27/76     41 FR 17642  1926.451(a)(4),
                                                                                                (a)(5), and
                                                                                                (a)(10).
Graver Tank & Manufacturing Co.  V-73-31, V-74-30............        04/04/75     40 FR 15139  1926.451(a)(4),
                                                                                                (a)(5), and
                                                                                                (a)(10).
Marathon Steel Co. (formerly     V-73-31, V-74-30............        04/04/75     40 FR 15139  1926.451(a)(4),
 Allison Steel Manufacturing                                                                    (a)(5), and
 Co.).                                                                                          (a)(10).
Newport News Industrial          V-76-4, V-76-5..............        09/24/76     41 FR 41976  1926.451(a)(4),
 Corporation of Ohio.                                                                           (a)(5), and
                                                                                                (a)(10).
Nooter Corp....................  V-73-31, V-74-30............        04/04/75     40 FR 15139  1926.451(a)(4),
                                                                                                (a)(5), and
                                                                                                (a)(10).
Pittsburgh-Des Moines Steel Co.  V-73-31, V-74-30............        04/04/75     40 FR 15139  1926.451(a)(4),
                                                                                                (a)(5), and
                                                                                                (a)(10).
Prairie Tank and Construction    V-75-35.....................        04/27/76     41 FR 17642  1926.451(a)(4),
 Company.                                                                                       (5), and (10).
PSF Industries, Inc............  V-74-44, V-74-57............        05/06/75     40 FR 19715  1926.451(a)(4),
                                                                                                (a)(5), and
                                                                                                (a)(10).
Richmond Engineering Company,    V-77-7, V-77-1..............        08/09/77     42 FR 40269  1926.451(a)(4),
 Inc.                                                                                           (a)(5), and
                                                                                                (a)(10).
Tank Services, Inc.............  V-75-35.....................        04/27/76     41 FR 17642  1926.451(a)(4),
                                                                                                (a)(5), and
                                                                                                (a)(10).
The Bishopric Products, Co.....  V-73-31, V-74-30............        04/04/75     40 FR 15139  1926.451(a)(4),
                                                                                                (a)(5), and
                                                                                                (a)(10).
Universal Tank & Iron Works....  V-73-31, V-74-30............        04/04/75     40 FR 15139  1926.451(a)(4),
                                                                                                (a)(5), and
                                                                                                (a)(10).
Western Petro-Chem. Services,    V-73-31, V-74-30............        04/04/75     40 FR 15139  1926.451(a)(4),
 Inc.                                                                                           (a)(5), and
                                                                                                (a)(10).
Wyatt, Division U.S. Industries  V-73-31, V-74-30............        04/04/75     40 FR 15139  1926.451(a)(4),
                                                                                                (a)(5), and
                                                                                                (a)(10).
----------------------------------------------------------------------------------------------------------------
* As listed on the original variance.
** From OSHA's original scaffold standard issued in 1971.


[[Page 14126]]

VI. 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. 
About the same time, the State-Plan states began to assume 
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. As OSHA is revoking 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, the current OSHA 
standard. If a State-Plan state standard differs from the OSHA 
standard, these employers must either meet any state-specific 
requirements in the state standard or apply directly to the applicable 
State Plan Office for a variance from the state's 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.

VII. 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, authorized 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. 1-2012 (76 FR 3912), and 29 
CFR part 1905.

    Signed at Washington, DC, on February 19, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-04825 Filed 3-1-13; 8:45 am]
BILLING CODE 4510-26-P


