DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. OSHA-2011-0183]

RIN 1218-AC64

Revising Standards Referenced in the Acetylene Standard

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

ACTION:  Direct final rule; request for comments.

SUMMARY:  In this direct final rule, the Agency is revising its
Acetylene Standard for general industry by updating a reference to a
standard published by a standards-developing organization (“SDO
standards”).  This rulemaking is a continuation of OSHA’s ongoing
effort to update references to SDO standards used throughout its rules.

DATES:  This direct final rule will become effective on [INSERT DATE 90
DAYS AFTER DATE OF PUBLICATION OF THIS NOTICE IN THE FEDERAL REGISTER]
unless OSHA receives significant adverse comment by [INSERT DATE 30 DAYS
AFTER DATE OF PUBLICATION OF THIS NOTICE IN THE FEDERAL REGISTER].  If
OSHA receives adverse comment, it will publish a timely withdrawal of
the rule in the Federal Register.  Submit comments to this direct final
rule (including comments to the information-collection (paperwork)
determination described under the section titled PROCEDURAL
DETERMINATIONS), hearing requests, and other information by [INSERT DATE
30 DAYS AFTER DATE OF PUBLICATION OF THIS NOTICE IN THE FEDERAL
REGISTER].  All submissions must bear a postmark or provide other
evidence of the submission date.  (The following section titled
ADDRESSES describes methods available for making submissions.)

The Director of the Federal Register approved the incorporation by
reference of specific publications listed in this direct final rule as
of [insert date 90 days after DATE OF publication OF THIS NOTICE in the
FEDERAL REGISTER].

ADDRESSES:  Submit comments, hearing requests, and other information as
follows:

	•  Electronic:  Submit comments electronically to  HYPERLINK
"http://www.regulations.gov" 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; OSHA does not require hard copies of these documents.  Instead
of transmitting facsimile copies of attachments that supplement these
documents (e.g., studies, journal articles), commenters must submit
these attachments 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 (OSHA-2011-0183) so
that the Agency can attach them to the appropriate document.

•  Regular mail, express delivery, hand (courier) delivery, and
messenger service:  Submit comments and any additional material (e.g.,
studies, journal articles) to the OSHA Docket Office, Docket No.
OSHA-2011-0183 or Regulation Identification Number (RIN) 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 procedures 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 (OSHA-2011-0183).  OSHA will place comments and other
material, including any personal information, in the public docket
without revision, and these materials will be available online at 
HYPERLINK "http://www.regulations.gov" 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:  The electronic docket for this direct final rule
established at  HYPERLINK "http://www.regulations.gov/"
http://www.regulations.gov   lists most of the documents in the docket. 
However, some information (e.g., copyrighted material) is not publicly
available to read or download through this website.  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:  Press inquiries:  Contact Frank
Meilinger, OSHA Office of Communications, Room N-3647, U.S. Department
of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone:
 (202) 693-1999.

General and technical information:  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) 693-2255; fax:  (202) 693-1663.

SUPPLEMENTARY INFORMATION:

Copies of this Federal Register notice:  Electronic copies of this
Federal Register notice are available at http://www.regulations.gov. 
This notice, as well as news releases and other relevant information,
also are available at OSHA’s webpage at http://www.osha.gov.

Availability of Incorporated Standards:  OSHA is incorporating by
reference into this section the standard published by the Compressed Gas
Association required in § 1910.102(a) with the approval of the Director
of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.  To
enforce any edition other than the editions specified in § 1910.102(a),
OSHA must publish a notice of change in the Federal Register, and the
material must be available to the public.  All approved material is
available for inspection at the National Archives and Records
Administration (NARA).  For information on the availability of this
material at NARA, telephone 202-741-6030, or go to:
http:/www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html.  Also, the material is available for inspection at any
OSHA Regional Office or the OSHA Docket Office (U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210;
telephone 202-693-2350 (TTY number:  877-889-5627)).

Table of Contents

I.	Background

II.	Direct Final Rulemaking

General

Relationship Between this Direct Final Rule and the Companion Proposed
Rule

Request for Comment

III.	Summary and Explanation of Revisions to the Acetylene Standard

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 of 1995

	G.  Public Participation

V.	Authority and Signature

I.  Background

This action is part of a rulemaking project instituted by the
Occupational Safety and Health Administration (“OSHA” or “the
Agency”) to update OSHA standards that reference or include language
from outdated standards published by standards developing organizations
(“SDO standards”) (69 FR 68283).  A SDO standard referenced in
OSHA’s Acetylene Standard (29 CFR 1910.102) is among the SDO standards
that the Agency identified for revision.

OSHA adopted the original Acetylene Standard in 1974 pursuant to Section
6(a) of the Occupational Safety and Health Act of 1970 (OSH Act; 29
U.S.C. 651, 655).  This section allowed OSHA, during the first two years
after passage of the OSH Act, to adopt existing Federal and national
consensus standards as OSHA safety and health standards, including the
Acetylene Standard.

On August 11, 2009, OSHA published a direct final rule (DFR) and
accompanying notice of proposed rulemaking that updated references to
recognize the latest edition of the Compressed Gas Association standard,
CGA G-1-2003, in the Acetylene Standard.  See 74 FR 40442 and 74 FR
40450, respectively.  OSHA received no adverse comments on the DFR, and
it became effective on November 9, 2009.  See 74 FR 57883.

The Compressed Gas Association published a new edition of CGA G-1 in
June 2009.  OSHA did not include CGA G-1-2009 in the DFR because that
edition was not available to OSHA prior to publication of the DFR. 
However, three of the eight comments received on the DFR (Exs.
OSHA-2008-0034-0017, -0010, and -0022) recommended that the Agency
reference CGA G-1-2009 instead.  OSHA did not include the 2009 edition
of CGA G-1 in the DFR because that edition was not available to OSHA
prior to publication of the DFR.  This rulemaking is removing CGA
G-1-2003 from the existing Acetylene Standard and replacing it with CGA
G-1-2009.

II. Direct Final Rulemaking

A.  General

In a direct final rulemaking, an agency publishes a DFR in the Federal
Register along with a statement that the rule will become effective
unless the agency receives significant adverse comment within a
specified period.  An agency uses direct final rulemaking when it
anticipates the rule will be non-controversial.  The agency concurrently
publishes a proposed rule that is essentially identical to the DFR.  If,
however, the agency receives significant adverse comment within the
specified period, the agency withdraws the DFR and treats the comments
as submissions on the proposed rule.

	OSHA is using a DFR for this rulemaking because it expects the rule to:
 be noncontroversial; provide protection to employees that is at least
equivalent to the protection afforded to them by the outdated standard;
and impose no significant new compliance costs on employers (69 FR
68283, 68285).  OSHA used DFRs previously to update or, when
appropriate, revoke references to outdated national SDO standards in
OSHA rules (see, e.g., 69 FR 68283, 70 FR 76979, and 71 FR 80843).

	For purposes of this direct final rulemaking, a significant adverse
comment is one that explains why the rule would be inappropriate,
including challenges to the rule’s underlying premise or approach.  In
determining whether a comment necessitates withdrawal of the DFR, OSHA
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 an addition to the rule to be a
significant adverse comment unless the comment states why the DFR would
be ineffective without the addition.  If OSHA receives a timely
significant adverse comment, the Agency will publish a Federal Register
notice withdrawing the DFR no later than [INSERT DATE 60 DAYS AFTER DATE
OF PUBLICATION OF THIS NOTICE IN THE FEDERAL REGISTER].

OSHA determined that updating and replacing the SDO standard in the
Acetylene Standard is appropriate for direct final rulemaking.  First,
the revision made to the Acetylene Standard by this DFR does not
compromise the safety of employees, and instead enhances employee
protection.  As described below, the revision will make the requirements
of OSHA’s Acetylene Standard consistent with current industry
practices, thereby eliminating confusion and clarifying employer
obligations, which will increase employee safety by encouraging
compliance.  Furthermore, bringing the Acetylene Standard in line with
industry practice will not produce additional costs for employers, and
may reduce compliance costs.  Finally, the revision is non-controversial
because it merely updates the SDO standard referenced in the rule to the
most current version of that standard.

B.  Relationship Between this Direct Final Rule and the Companion
Proposed Rule

This direct final rule is the companion document to a notice of proposed
rulemaking also published in the “Proposed Rules” section of
today’s Federal Register.  If OSHA receives no significant adverse
comment on this direct final rule, it will publish a Federal Register
document confirming the effective date of this direct final rule and
withdrawing the companion proposed rule.  The confirmation may include
minor stylistic or technical corrections to the document.  For the
purpose of judicial review, OSHA considers the date that it confirms the
effective date of the direct final rule to be the date of issuance. 
However, if OSHA receives significant adverse comment on the direct
final rule, it will publish a timely withdrawal of this direct final
rule and proceed with the proposed rule, which addresses the same
revisions to the Acetylene Standard.

C.  Request for Comment

OSHA requests comments on all issues related to this direct final
rulemaking, including economic or other regulatory impacts of this
action on the regulated community.  OSHA will consider all of the
comments, and the comments will become part of the record.

III. Summary and Explanation of Revisions to the Acetylene Standard

This DFR updates the SDO standard referenced in paragraph 1910.102(a) of
the Acetylene Standard.  To ensure that employers have access to the
latest safety requirements for managing acetylene, this rulemaking is
adopting the requirements specified in the most recent, 2009, edition of
the SDO standard, CGA G-1-2009.  The following discussion provides a
summary of the revisions OSHA is making to paragraph (a) of the
Acetylene Standard.

For paragraph (a) of § 1910.102 (Cylinders), this DFR is replacing the
reference to the 2003 edition of CGA Pamphlet G-1 (“Acetylene”) (Ex.
OSHA-2008-0034-0006) with the most recent (i.e., 2009) edition of that
standard, also entitled “Acetylene” (Ex. OSHA-2011-0183-0003).  In
reviewing CGA G1-2009, the Agency prepared a side-by-side comparison of
the 2009 and 2003 editions (Ex. OSHA-2011-0183-0004).  OSHA found minor
changes to the titles of CGA reports referenced in paragraph 4 of
section 3.2 (Physical and chemical properties) and section 4.2 (Valves);
these changes are not substantive.  In section 4.5 (Marking and
labeling), CGA also provides additional guidance clarifying Department
of Transportation labeling regulations, and labeling requirements for
transporting acetylene in Canada.  The Agency determined that this
information provides guidance only, and, therefore, imposes no
additional burden on employers.  Finally, OSHA identified an addition to
the note in section 5.2 (Rules for storing acetylene) that designates as
“in service” single cylinders of acetylene and oxygen located at a
work station (e.g., chained to a wall or building column, secured on a
cylinder cart).  The Agency determined that this change is consistent
with current industry practice, and, consequently, does not increase
employers’ burden.

OSHA believes that the provisions of CGA G-1-2009 are consistent with
the usual and customary practice of employers in the industry, and
determined that incorporating CGA G-1-2009 into paragraph (a) of §
1910.102 does not add compliance burden for employers.  OSHA invites the
public to comment on whether the revisions made to the Acetylene
Standard represent current industry practice.

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.
ftp://ftp.gpo.gov/Acetylene/Acetylene-DFR-08-02-11MEV.doc651(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 "which
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 DFR will not reduce the employee protections put into place by the
standard OSHA is updating under this rulemaking.  Instead, this
rulemaking likely will enhance employee safety by clarifying employer
obligations.  Therefore, it is unnecessary to determine significant
risk, or the extent to which this rule would reduce that risk, as
typically is 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 DFR is not “economically significant” as specified by Executive
Order 12866, or a "major rule" under Section 804 of the Small Business
Regulatory Enforcement Fairness Act of 1996 (“SBREFA”; 5 U.S.C.
804).  The DFR does not impose significant additional costs on any
private-sector or public-sector entity, and does not meet any of the
criteria for an economically significant or major rule specified by
Executive Order 12866 and the relevant statutes.  OSHA developed the
rule with attention to the approaches to rulemaking outlined in
Executive Orders 12866 and 13563.

This DFR simply updates a reference to an outdated SDO standard in
OSHA’s Acetylene Standard.  The Agency concludes that the revisions
will not impose any additional costs on employers because it believes
that the updated SDO standard represents the usual and customary
practice of employers in the industry.  Consequently, the DFR imposes no
costs on employers.  Therefore, OSHA certifies that this rulemaking will
not have a significant economic impact on a substantial number of small
entities.  Accordingly, the Agency is not preparing a regulatory
flexibility analysis under the Regulatory Flexibility Act (5 U.S.C. 601
et seq.).

C.  OMB Review Under the Paperwork Reduction Act of 1995

Neither the existing nor updated SDO standard addressed by this DFR
contain collection of information requirements.  Therefore, this DFR
does not impose or remove any information-collection requirements for
purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.
and 5 CFR 1320.  Accordingly, the Agency does not have to prepare an
Information Collection Request in association with this rulemaking.

Members of the public may respond to this paperwork determination by
sending 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 submit these comments to the
rulemaking docket, along with their comments on other parts of the DFR. 
For instructions on submitting these comments and accessing the docket,
see the sections of this Federal Register notice titled DATES and
ADDRESSES.  However, OSHA will not consider any comment received on this
paperwork determination to be a “significant adverse comment” as
specified under Section II (“Direct Final Rulemaking”) of this
notice.

	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 DFR 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.

Under Section 18 of the Occupational Safety and Health Act of 1970
(“OSH Act”; U.S.C. 651 et seq.), Congress expressly provides that
States may adopt, with Federal approval, a plan for the development and
enforcement of occupational safety and health standards; OSHA refers to
States that obtain Federal approval for such a plan as “State Plan
States.”  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 their own requirements for occupational
safety and health standards.  While OSHA drafted this DFR to protect
employees in every State, Section 18(c)(2) of the Act permits State Plan
States and Territories to develop and enforce their own standards for
acetylene operations provided these requirements are at least as
effective in providing safe and healthful employment and places of
employment as the requirements specified in this DFR.

	In summary, this DFR complies with Executive Order 13132.  In States
without OSHA-approved State Plans, any standard developed from this DFR
would limit State policy options in the same manner as every standard
promulgated by OSHA.  In States with OSHA-approved State Plans, this
rulemaking would not significantly limit State policy options.

E.  State Plan States

When Federal OSHA promulgates a new standard or a more stringent
amendment to an existing standard, the 27 States or 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., if an existing State standard covering this area is already “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, and must be completed within six months of the
publication date of the final Federal rule.  29 CFR 1953.5(a).  When
OSHA promulgates a new standard or amendment that does not impose
additional or more stringent requirements than the existing standard,
State Plan States are not required to amend their standards, although
OSHA may encourage them to do so.

While this DFR does not impose any additional or more stringent
requirements on employers than the existing Acetylene Standard, OSHA
believes that the provisions of this DFR will provide employers with
critical, updated information and methods that will help protect their
employees from the hazards found in workplaces engaged in acetylene
operations.  Therefore, OSHA encourages the State Plan States to adopt
provisions comparable to the provisions in this DFR within six months
after the promulgation date of the rule.  The 27 States and territories
with OSHA-approved State Plans are:  Alaska, Arizona, California,
Connecticut, Hawaii, Illinois, Indiana, Iowa, Kentucky, Maryland,
Michigan, Minnesota, Nevada, New Mexico, New Jersey, New York, North
Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont,
Virginia, Virgin Islands, Washington, and Wyoming.  Connecticut,
Illinois, New Jersey, New York, and the Virgin Islands have
OSHA-approved State Plans that apply to State and local government
employees only.

F.  Unfunded Mandates Reform Act of 1995

	OSHA reviewed this DFR in accordance with the Unfunded Mandates Reform
Act of 1995 (“UMRA”; 2 U.S.C. 1501 et seq.) and Executive Order
12875 (56 FR 58093).  As discussed above in Section IV.B (“Final
Economic Analysis and Regulatory Flexibility Act Certification”) of
this notice, the Agency determined that this DFR will not impose
additional costs on any private-sector or public-sector entity. 
Accordingly, this DFR requires no additional expenditures by either
public or private employers.

As noted above under Section IV.E (“State Plan States”) of this
notice, 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 DFR 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 DFR 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.

G.  Public Participation

	OSHA requests comments on all issues concerning this DFR.  The Agency
also welcomes comments on its determination that this DFR has no
negative economic impacts on employers, and will increase employee
protection.  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 a full discussion of what constitutes a
significant adverse comment, see Section II (“Direct Final
Rulemaking”) of this notice.

 	The Agency will withdraw this DFR if it receives significant adverse
comment on the amendments contained in it, and proceed with the
companion proposed rule by addressing the comment(s) and publishing a
new final rule.  The comment period for this DFR runs concurrently with
that of the companion proposed rule.  Therefore, OSHA will treat any
comments received under this DFR as comments regarding the companion
proposed rule.  Similarly, OSHA will consider a significant adverse
comment submitted to this DFR as a comment to the companion proposed
rule; the Agency will consider such a comment in developing a subsequent
final rule.

	OSHA will post comments received without revision to  HYPERLINK
"http://www.regulations.gov" http://www.regulations.gov , including any
personal information provided.  Accordingly, OSHA cautions commenters
about submitting personal information such as Social Security numbers
and birth dates.

List of Subjects in 29 CFR Part 1910

Acetylene, General industry, Incorporation by reference, Occupational
safety and health, Safety.

V.  Authority and Signature

David Michaels, PhD, MPH, Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210, authorized the preparation of this notice. 
The Agency is issuing this notice 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 4-2010 (75 FR 55355), and 29 CFR part 1911.

	Signed at Washington, DC on November 22, 2011.

____________________________________________________

David Michaels, PhD, MPH

Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to the Standard

	For the reasons discussed in the preamble, the Occupational Safety and
Health Administration is amending 29 CFR part 1910 as set forth below:

PART 1910-OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart A—[Amended]

1.  The authority citation for subpart A continues 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),
5–2002 (67 FR 65008), 5–2007 (72 FR 31159), and 4–2010 (75 FR
55355), as applicable.

Sections 1910.6, 1910.7, 1910.8 and 1910.9 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); Pub. L. 111–8
and 111–317; and OMB Circular A–25 (dated July 8, 1993) (58 FR
38142, July 15, 1993).

2.  Amend § 1910.6 by revising paragraph (k)(3) to read as follows:

§ 1910.6  Incorporation by reference.

*	*	*	*	*

(k)  	*	*	*

(3)  CGA G-1-2009 Acetylene, Twelfth Edition, IBR approved for §
1910.102(a).  Copies of CGA Pamphlet G-1-2009 are available for purchase
from the:  Compressed Gas Association, Inc., 4221 Walney Road, 5th
Floor, Chantilly, VA 20151; telephone:  703-788-2700; fax: 
703-961-1831; e-mail:  cga@cganet.com.

*	*	*	*	*

Subpart H—[Amended]

3.  Revise the authority citation for subpart H to read as follows:

   Authority:  29 U.S.C. 653, 655, 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), 5-2002 (67 FR 65008),
5-2007 (72 FR 31159), or 4-2010 (75 FR 55355), as applicable; and 29 CFR
part 11.

   	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 29 U.S.C. 655 Note, and 5 U.S.C.
553.

4.  Amend § 1910.102 by revising paragraph (a) to read as follows:

§ 1910.102  Acetylene.

(a)  Cylinders.  Employers must ensure that the in-plant transfer,
handling, storage, and use of acetylene in cylinders comply with the
provisions of CGA Pamphlet G-1-2009 (“Acetylene”) (incorporated by
reference, see § 1910.6).

*	*	*	*	*

BILLING CODE 4510-26-P

In its comments to the 2009 DFR revising OSHA’s Acetylene Standard,
CGA made the following statement regarding the addition to this note: 
“CGA does not envision a hardship or economic burden on the industry
nor any reduction in industrial safety as a result of this change,“

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BILLING CODE 4510-26-P

