2061. Found at: http://www.bls.gov/oes/current/oes472061.htm.
BLS, 2013b. Employer Cost for Employee Compensation, December 2013.
Economic News Release March 12th 2014. Found at: http://www.bls.gov/news.release/ecec.t06.htm.
Census, 2012. U.S. Census Bureau, ``Characteristics of New Housing
2012.'' Found at: http://www.census.gov/construction/chars/highlights.html.
Census, 2014. U.S. Census Bureau, Construction Spending Survey data,
accessed from http://www.census.gov/econ/currentdata.
Dodge Data and Analytics, data run, 2 Penn Plaza New York, New York
10121.
ERG, 2015. Eastern Research Group, ``Supporting Information for
Standard Improvement Project 4,''.September, 2015.
FCC, 2014. Federal Communications Commission, ``911 Wireless
Services Guide,'' December 2014.
NENA, 2001. RCN Commission and the National Emergency Number
Association (NENA), ``Report Card to the Nation: The Effectiveness,
Accessibility and Future of America's 9-1-1 Service,'' September
2001. Found at: https://c.ymcdn.com/sites/www.nena.org/resource/collection/7F122EC0-BC5A-46DD-9A65-B39A035E87D5/NENA_Report_to_the_Nation_1.pdf.
OSHA, 1989. U.S. Department of Labor, Occupational Safety and Health
Administration, Office of Regulatory Analysis. Regulatory Impact and
Regulatory Flexibility Analysis of 29 CFR 190.147 (The Control of
Hazardous Energy Sources--Lockout/Tagout) August, 1989. Found at:
http://www.regulations.gov/#!documentDetail;D=OSHA-S012A-2006-0642-
0266.

V. Legal Considerations

    The purpose of the Occupational Safety and Health Act of 1970 (OSH
Act; 29 U.S.C. 651 et al.) is ``to assure so far as possible every
working man and woman in the Nation safe and healthful working
conditions and to preserve our human resources . . .'' (29 U.S.C.
651(b).) To achieve this goal, Congress authorized the Secretary of
Labor to promulgate and enforce occupational safety and health
standards; authorized summary adoption of existing national consensus
and established Federal standards within two years of the effective
date of the OSH Act (29 U.S.C. 655(a)); authorizing promulgation of
standards pursuant to notice and comment (29 U.S.C. 655(b)); and
required employers to comply with OSHA standards (29 U.S.C. 654(b)).
    An occupational 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 and places of
employment.'' (29 U.S.C. 652(8)). A standard is reasonably necessary or
appropriate within the meaning of Section 652(8) if it substantially
reduces or eliminates significant risk. In addition, it must be
technologically and economically feasible, cost effective, and
consistent with prior Agency action, or a justified departure. A
standard must be supported by substantial evidence, and be better able
to effectuate the OSH Act's purposes than any national consensus
standard it supersedes. (See 58 FR 16612-16616, March 30, 1993.)
    A standard is technologically feasible if the protective measures
it requires already exist, can be brought into existence with available
technology, or can be created with technology that can reasonably be
expected to be developed. (See American Textile Mfrs. Institute v.
OSHA, 452 U.S. 490, 513 (1981) (ATMI); American Iron and Steel
Institute v. OSHA, 939 F.2d 975, 980 (D.C. Cir. 1991) (AISI).)
    A standard is economically feasible if industry can absorb or pass
on the costs of compliance without threatening its long-term
profitability or competitive structure. See ATMI, 452 U.S. at 530 n.
55; AISI, 939 F.2d at 980. A standard is cost effective if the
protective measures it requires are the least costly of the available
alternatives that achieve the same level of protection. ATMI, 452 U.S.
at 514 n. 32; International Union, UAW v. OSHA, 37 F.3d 665, 668 (D.C.
Cir. 1994) (LOTO II). Section 6(b)(7) of the OSH Act authorizes OSHA to
include among a standard's requirements labeling, monitoring, medical
testing, and other information-gathering and transmittal provisions.
(29 U.S.C. 655(b)(7).) OSHA safety standards also must be highly
protective. (See 58 FR at 16614-16615; LOTO II, 37 F.3d at 668-669.)
Finally, whenever practical, standards shall ``be expressed in terms of
objective criteria and of the performance desired.'' (29 U.S.C.
655(b)(5).)

VI. OMB Review Under the Paperwork Reduction Act of 1995

A. Overview

    The purposes of the Paperwork Reduction Act 1995 (PRA), 44 U.S.C.
3501 et seq., include enhancing the quality and utility of information
the Federal government requires and minimizing the paperwork and
reporting burden on affected entities. The PRA requires certain actions
before

an agency can adopt or revise a collection of information (paperwork),
including publishing a summary of the collection of information and a
brief description of the need for and proposed use of the information.
PRA defines ``collection of information'' as ``the obtaining, causing
to be obtained, soliciting, or requiring the disclosure to third
parties or the public, of facts or opinions by or for an agency,
regardless of form or format'' (44 U.S.C. 3502(3)(A)). Under PRA, a
Federal agency may not conduct or sponsor a collection of information
unless it is approved by OMB under the PRA, and displays a currently
valid OMB control number, and the public is not required to respond to
a collection of information unless it displays a currently valid OMB
control number (44 U.S.C. 3507). Also, notwithstanding any other
provisions of law, no person shall be subject to penalty for failing to
comply with a collection of information if the collection of
information does not display a currently valid OMB control number (44
U.S.C. 3512).
    The Standards Improvement Project-Phase IV (SIP-IV) proposal would
modify a number of Information Collections currently approved by the
Office of Management and Budget (OMB) under the PRA.

B. Solicitation of Comments

    Concurrent with publication of this proposed rule, the Department
is submitting a series of Information Collection Requests (ICRs) to
revise the collections in accordance with this NPRM, as required by the
PRA. See 44 U.S.C. 3507(d). Some of these revisions, if adopted, would
result in changes to the existing burden hour and/or cost estimates.
Other revisions may be less significant and would not change the ICR
burden hour and cost estimates.\42\
---------------------------------------------------------------------------

    \42\ The proposal would revise to existing standard provisions
that are not collections of information. These revisions are not
addressed in this preamble section. However some revisions will
modify language contained in a currently OMB approved information
collection (paperwork analysis), though they will not change burden
hour or cost estimates. These information collections, referenced by
OMB Control number, are included in this section since the Agency
will prepare and submit an ICR to OMB to incorporate the revised
language into the existing information collection.
---------------------------------------------------------------------------

    The Agency solicits comments on the information collection
requirements contained in this NPRM. The Agency is particularly
interested in comments on the collections of information requirements
that:
     Evaluate whether the proposed collection of information
requirements are necessary for the proper performance of the Agency's
functions, including whether the information is useful;
     Evaluate the accuracy of OSHA's estimate of the burden
(time and cost) of the information collection requirements, including
the validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the
information collected; and
     Minimize the compliance burden on employers, for example,
by using automated or other technological techniques for collecting and
transmitting information.

C. Proposed Revisions to the Collection of Information Requirements

    As required by 5 CFR 1320.5(a)(1)(iv) and 1320.8(d)(2), the
following paragraphs provide information about the ICRs, including the
changes in burden associated with the proposed revisions to information
collection requirements.
    1. Title: Standards Improvement Project-Phase IV (SIP-IV)
    2. Description of revisions to the ICRs: The SIP-IV proposal adds,
removes, or revises collection of information requirements, as further
explained in Table 1(a) that identifies those ICRs where the proposal
will change burden hours and costs. For those ICRs, Table 1(b) itemizes
the responses, frequencies, time, burden hours, and cost as a result of
the program change. Table 2 identifies those ICRs where the proposal
will add to or revise the text of standards, but do not result in a
burden or cost change as result.

           Table 1(a)--ICRs With Proposed Burden Hour Changes
------------------------------------------------------------------------
                                   OMB control       Provisions being
           ICR title                   No.               modified
------------------------------------------------------------------------
Coke Oven Emissions (29 CFR           1218-0128  OSHA is proposing to
 1910.1029).                                      remove the requirement
                                                  for periodic chest x-
                                                  rays as part of the
                                                  medical exams for
                                                  employees. In
                                                  addition, OSHA is
                                                  proposing to add the
                                                  option of digital
                                                  radiography to its
                                                  existing standards
                                                  because digital
                                                  radiography systems
                                                  are rapidly replacing
                                                  traditional analog
                                                  film-based systems in
                                                  medical facilities.
Acrylonitrile (29 CFR                 1218-0126  OSHA is proposing to
 1910.1045).                                      remove the requirement
                                                  for periodic chest x-
                                                  rays as part of the
                                                  medical exams for
                                                  employees. OSHA is
                                                  proposing to add the
                                                  option of digital
                                                  radiography to its
                                                  existing standards
                                                  because digital
                                                  radiography systems
                                                  are rapidly replacing
                                                  traditional analog
                                                  film-based systems in
                                                  medical facilities.
Inorganic Arsenic (29 CFR             1218-0104  OSHA is proposing to
 1910.1018).                                      remove the requirement
                                                  for periodic chest x-
                                                  rays as part of the
                                                  medical exams for
                                                  employees. OSHA is
                                                  proposing to add the
                                                  option of digital
                                                  radiography to its
                                                  existing standards
                                                  because digital
                                                  radiography systems
                                                  are rapidly replacing
                                                  traditional analog
                                                  film-based systems in
                                                  medical facilities.
Construction Standards on             1218-0093  OSHA is proposing to
 Posting Emergency Telephone                      add to 29 CFR
 Numbers and Floor Load Limits                    1926.50(f) a
 (29 CFR 1926.50 and 29 CFR                       requirement that when
 1926.250).                                       an employer uses a
                                                  communication system
                                                  for contacting 911
                                                  services, if the
                                                  communication system
                                                  is in an area that
                                                  does not automatically
                                                  supply the caller's
                                                  latitude and longitude
                                                  to the 911 dispatcher,
                                                  the employer must post
                                                  or otherwise provide
                                                  to employees the
                                                  latitude and longitude
                                                  of the work site or
                                                  other information that
                                                  communicates the
                                                  location of the
                                                  worksite. In addition,
                                                  OSHA is proposing to
                                                  remove the load limit
                                                  posting requirement
                                                  for single family
                                                  dwellings or
                                                  townhouses in 29 CFR
                                                  1926.250.
------------------------------------------------------------------------

                                                       Table 1(b)--Estimated Burden Hours and Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Estimated
                                                                                cost
                                                                                Average     Estimated     (capital-
     ICR Title and paragraph modified       OMB control   Number of    Number of       Frequency per response       time per   burden hour    operation
                                                No.      respondents   responses                                    response     /program        and
                                                                                (hours)       change    maintenance)
                                                                                change
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coke Oven Emissions (29 CFR 1910.1029)        1218-0128        2,324        2,324  Annual.......................         1.42         -581     -$159,008
 (Sec.   1910.1029(j)).
Acrylonitrile (29 CFR 1910.1045) (Sec.        1218-0126          467          467  Annual.......................         1.25         -117       -31,952
 1910.1045(n)).
Inorganic Arsenic (29 CFR 1910.1018) (Sec.    1218-0104          792          792  Annual.......................         1.42         -198       -54,188
   1910.1018(n)).
Construction Standard on Posting Emergency    1218-0093       22,849       22,849  Annual.......................          .05        1,142        27,899
 Telephone Numbers (29 CFR 1926.50) \43\
 (Sec.   1926.50(f)).
Construction Standard on Floor Load Limits    1218-0093      483,000      483,000  Annual.......................         0.25     -120,750    -2,948,715
 (29 CFR 1926.250) (Sec.   1926.250 (a)).
                                           -------------------------------------------------------------------------------------------------------------
Grand Total...............................  ...........      509,432      509,432  .............................  ...........     -120,504    -3,165,964
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    \43\ Both 29 CFR 1926.50 and 1926.250 are covered by the same
ICR, 1218-0093.

                               Table 2--ICRs With No Proposed Burden Hour Changes
----------------------------------------------------------------------------------------------------------------
                                                  OMB control
                   ICR title                          No.                   Provisions being modified
----------------------------------------------------------------------------------------------------------------
Asbestos in General Industry (29 CFR                 1218-0133  OSHA is proposing to add the option of digital
 1910.1001).                                                     radiography to its existing standards because
                                                                 digital radiography systems are rapidly
                                                                 replacing traditional analog film-based systems
                                                                 in medical facilities.
Asbestos in Construction (29 CFR 1926.1101)...       1218-0134  OSHA is proposing to add the option of digital
                                                                 radiography to its existing standards because
                                                                 digital radiography systems are rapidly
                                                                 replacing traditional analog film-based systems
                                                                 in medical facilities.
Asbestos in Shipyards (29 CFR 1915.1001)......       1218-0195  OSHA is proposing to add the option of digital
                                                                 radiography to its existing standards because
                                                                 digital radiography systems are rapidly
                                                                 replacing traditional analog film-based systems
                                                                 in medical facilities.
Cadmium in Construction (29 CFR 1926.1127)....       1218-0186  OSHA is proposing to add the option of digital
                                                                 radiography to its existing standards because
                                                                 digital radiography systems are rapidly
                                                                 replacing traditional analog film-based systems
                                                                 in medical facilities.
Cadmium in General Industry (29 CFR 1910.1027)       1218-0185  OSHA is proposing to add the option of digital
                                                                 radiography to its existing standards because
                                                                 digital radiography systems are rapidly
                                                                 replacing traditional analog film-based systems
                                                                 in medical facilities.
Cotton Dust (29 CFR 1910.1043)................       1218-0061  OSHA is proposing to revise paragraph (h) and
                                                                 Appendix D of its Cotton Dust standard. Many of
                                                                 the revisions are simply editorial, to clarify
                                                                 existing language, as well as to update
                                                                 outdated pulmonary function measurements. OSHA
                                                                 is also proposing to update paragraph
                                                                 (h)(2)(iii) to require a determination of the
                                                                 FEV1/FVC ration, and the evaluation of FEV1,
                                                                 FVC, and FEV1/FVC against the lower limit of
                                                                 normal (LLN) for each race/ethnic group, by
                                                                 age, which is consistent with generally
                                                                 accepted practices.
----------------------------------------------------------------------------------------------------------------

    This proposal will also have an impact on the provisions in OSHA's
standards that currently require employers to include employee SSNs on
exposure monitoring, medical surveillance, and other records. As
explained above in the Summary and Explanation of the Proposed Rule
section (see Section III.B.17.), the Agency previously considered
stakeholder comments regarding the SSN collection requirements in
OSHA's standards during the SIP II (70 FR 1112, January 5, 2005) and
Respirable Crystalline Silica (81 FR 16285, March 25, 2016)
rulemakings. Eliminating SSN collection requirements from OSHA's
standards will affect several of the ICRs covered under the PRA. Table
3 shows the control number, title, and paragraph or appendix modified
for each of the ICRs that will be affected. The agency believes
removing the social security numbers will have no measureable impact on
employer burden.

            Table 3--ICRs Affected by Social Security Removal
------------------------------------------------------------------------
                                                           Paragraph/
       OMB control No.                  Title          appendix modified
------------------------------------------------------------------------
1218-0202....................  Hazardous Waste         1910.120(f)(8)(ii
                                Operations and          )(A),
                                Emergency Response      1926.65(f)(8)(ii
                                for General Industry    )(A).
                                (29 CFR 1910.120) and
                                Construction (29 CFR
                                1926.65).
1218-0133....................  Asbestos in General     1910.1001(m)(1)(i
                                Industry (29 CFR        i)(F),
                                1910.1001).             1910.1001(m)(3)(
                                                        ii)(A), Appendix
                                                        D.
1218-0010....................  Vinyl Chloride          1910.1017(m)(1).
                                Standard (29 CFR
                                1910.1017).
1218-0104....................  Inorganic Arsenic (29   1910.1018(q)(1)(i
                                CFR 1910.1018).         i)(D),
                                                        1910.1018(q)(2)(
                                                        ii)(A).

1218-0092....................  Lead Standard in        1910.1025(d)(5),
                                General Industry (29    1910.1025(n)(1)(
                                CFR 1910.1025).         ii)(D),
                                                        1910.1025(n)(2)(
                                                        ii)(A),
                                                        1910.1025(n)(3)(
                                                        ii)(A), Appendix
                                                        B.
1218-0252....................  Hexavalent Chromium     1910.1026(m)(1)(i
                                Standards for General   i)(F),
                                Industry (29 CFR        1910.1026(m)(4)(
                                1910.1026), Shipyard    ii)(A),
                                Employment (29 CFR      1915.1026(k)(1)(
                                1915.1026), and         ii)(F),
                                Construction (29 CFR    1915.1026(k)(4)(
                                1926.1126).             ii)(A),
                                                        1926.1126(k)(1)(
                                                        ii)(F),
                                                        1926.1126(k)(4)(
                                                        ii)(A).
1218-0185....................  Cadmium in General      1910.1027(n)(1)(i
                                Industry Standard (29   i)(B),
                                CFR 1910.1027).         1910.1027(n)(3)(
                                                        ii)(A), Appendix
                                                        D.
1218-0129....................  Benzene (29 CFR         1910.1028(k)(1)(i
                                1910.1028).             i)(D),
                                                        1910.1028(k)(2)(
                                                        ii)(A).
1218-0128....................  Coke Oven Emissions     1910.1029(m)(1)(i
                                (29 CFR 1910.1029).     )(a),
                                                        1910.1029(m)(2)(
                                                        i)(a).
1218-0180....................  Bloodborne Pathogens    1910.1030(h)(1)(i
                                Standard (29 CFR        i)(A).
                                1910.1030).
1218-0061....................  Cotton Dust (29 CFR     1910.1043(k)(1)(i
                                1910.1043).             i)(C),
                                                        1910.1043(k)(2)(
                                                        ii)(A),
                                                        Appendices B-I,
                                                        B-II, B-III.
1218-0101....................  1,2-Dibromo-3-          1910.1044(p)(1)(i
                                Choropropane (DBCP)     i)(d),
                                Standard (29 CFR        1910.1044(p)(2)(
                                1910.1044).             ii)(a).
1218-0126....................  Acrylonitrile Standard  1910.1045(q)(2)(i
                                (29 CFR 1910.1045).     i)(D).
1218-0108....................  Ethylene Oxide (EtO)    1910.1047(k)(2)(i
                                Standard (29 CFR        i)(F),
                                1910.1047).             1910.1047(k)(3)(
                                                        ii)(A).
1218-0145....................  Formaldehyde Standard   1910.1048(o)(1)(v
                                (29 CFR 1910.1048).     i),
                                                        1910.1048(o)(3)(
                                                        i),
                                                        1910.1048(o)(4)(
                                                        ii)(D), Appendix
                                                        D.
1218-0184....................  4,4'-                   1910.1050(n)(3)(i
                                Methylenedianiline      i)(D),
                                (MDA) for General       1910.1050(n)(4)(
                                Industry (29 CFR        ii)(A),
                                1910.1050).             1910.1050(n)(5)(
                                                        ii)(A).
1218-0170....................  1,3-Butadiene Standard  1910.1051(m)(2)(i
                                (29 CFR 1910.1051).     i)(F),
                                                        1910.1051(m)(4)(
                                                        ii)(A), Appendix
                                                        F.
1218-0179....................  Methylene Chloride (29  1910.1052(m)(2)(i
                                CFR 1910.1052).         i)(F),
                                                        1910.1052(m)(2)(
                                                        iii)(C),
                                                        1910.1052(m)(3)(
                                                        ii)(A), Appendix
                                                        B.
1218-0266....................  Respirable Crystalline
                                Silica Standards for
                                General Industry,
                                Shipyard Employment
                                and Marine Terminals
                                (29 CFR 1910.1053)
                                and Construction (29
                                CFR 1926.1153)
                                1910.1053(k)(1)(ii)(G
                                ),
                                1910.1053(k)(3)(ii)(A
                                ),
                                1926.1153(j)(1)(ii)(G
                                ),
                                1926.1153(j)(3)(ii)(A
                                ).
1218-0195....................  Asbestos in Shipyards   1915.1001(n)(2)(i
                                Standard (29 CFR        i)(F),
                                1915.1001).             1915.1001(n)(3)(
                                                        ii)(A), Appendix
                                                        D.
1218-0134....................  Asbestos in             1926.1101(n)(2)(i
                                Construction (29 CFR    i)(F),
                                1926.1101).             1926.1101(n)(3)(
                                                        ii)(A), Appendix
                                                        D.
1218-0186....................  Cadmium in              1926.1127(d)(2)(i
                                Construction Standard   v),
                                (29 CFR 1926.1127).     1926.1127(n)(1)(
                                                        ii)(B),
                                                        1926.1127(n)(3)(
                                                        ii)(A).
1218-0183....................  4,4'-                   1926.60(o)(4)(ii)
                                Methylenedianiline      (F),
                                (MDA) in Construction   1926.60(o)(5)(ii
                                (29 CFR 1926.60).       )(A).
1218-0189....................  Lead in Construction    1926.62(d)(5),
                                Standard (29 CFR        1926.62(n)(1)(ii
                                1926.62).               )(D),
                                                        1926.62(n)(2)(ii
                                                        )(A),
                                                        1926.62(n)(3)(ii
                                                        )(A), Appendix
                                                        B.
------------------------------------------------------------------------

    In addition to the above-described changes, the Agency will make
adjustments to the some of the ICRs to reflect on-going PRA
interpretations that will result in changes to the burden hours and
costs; these changes are not a result of this rulemaking.

D. Submitting Comments

    Members of the public who wish to comment on the paperwork
requirements in this proposal must send their written comments to the
Office of Information and Regulatory Affairs, Attn: OMB Desk Officer
for the DOL-OSHA, Office of Management and Budget, Room 10235,
Washington, DC 20503. You may also submit comments to OMB by email at
<EMAIL_ADDRESS>Please reference the ICR's OMB control
number in order to help ensure proper consideration. The Agency
encourages commenters also to submit their comments on these paperwork
requirements to the rulemaking docket (Docket Number OSHA-2012-0007),
along with their comments on other parts of the proposed rule. For
instructions on submitting these comments to the rulemaking docket, see
the sections of this Federal Register notice titled DATES and
ADDRESSES.

E. Docket and Inquiries

    To access the docket to read or download comments and other
materials related to these paperwork determination, including the ICR
(containing the Supporting Statement with attachments describing the
paperwork determinations in detail) use the procedures described under
the section of this notice titled ADDRESSES. You also may obtain an
electronic copy of the complete ICRs by visiting the Web page at http://www.reginfo.gov/public/do/PRAMain, scroll under ``Currently Under
Review'' to ``Department of Labor (DOL)'' to view all of the DOL's
ICRs, including those ICRs submitted for

proposed rulemakings. 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<PHONE_NUMBER>.

VII. Federalism

    OSHA reviewed this proposed rule in accordance with the Executive
Order on Federalism (Executive Order 13132, 64 FR 43255, August 10,
1999), which requires that Federal agencies, to the extent possible,
refrain from limiting State policy options, consult with States prior
to taking any actions that would restrict State policy options, and
take such actions only when clear constitutional authority exists and
the problem is national in scope. Executive Order 13132 provides for
preemption of State law only with the expressed consent of Congress.
Agencies must limit any such preemption to the extent possible.
    Under Section 18 of the OSH Act, Congress expressly provides that
States may adopt, with Federal approval, a plan for the development and
enforcement of occupational safety and health standards; States that
obtain Federal approval for such a plan are referred to 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.
    While OSHA drafted this proposed rule to protect employees in every
State, Section 18(c)(2) of the OSH Act permits State Plan States and
Territories to develop and enforce their own standards, provided the
requirements in these standards are at least as safe and healthful as
the requirements specified in this proposed rule.
    In summary, this proposed rule complies with Executive Order 13132.
In States without OSHA-approved State Plans, any standard developed
from this proposed rule 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.

VIII. State Plans

    When Federal OSHA promulgates a new standard or a more stringent
amendment to an existing standard, the 28 States and U.S. territories
with their own OSHA-approved occupational safety and health plans
(``State Plan States'') must revise their standards to reflect the new
standard or amendment. The State standard must be at least as effective
as the final Federal standard or amendment, and must be promulgated
within six months of the publication date of the final Federal rule (29
U.S.C. 667(c)(2); 29 CFR 1953.5(a)).
    A State-Plan State may demonstrate that a standard change is
unnecessary because the State standard is already the same as or at
least as effective as the new or amended Federal standard. In order to
avoid delays in worker protection, the effective date of the State
standard and any of its delayed provisions must be the date of State
promulgation or the Federal effective date, whichever is later. The
Assistant Secretary may permit a longer time period if the State timely
demonstrates that good cause exists for extending the time limitation
(29 CFR 1953.5(a)). Of the 28 States and territories with OSHA-approved
State plans, 22 cover public and private-sector employees: 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. Six States and territories cover only public-sector
employees: Connecticut, Illinois, Maine, New Jersey, New York, and the
Virgin Islands.
    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.
    OSHA concludes that this final rule, by revising confusing,
outdated, duplicative, or inconsistent standards, will increase the
protection afforded to employees while reducing the compliance burden
of employers. Therefore, States and Territories with approved State
Plans must adopt comparable amendments to their standards within six
months of the promulgation date of this rule unless they demonstrate
that such amendments are not necessary because their existing standards
are at least as effective in protecting workers as this final rule.

IX. Unfunded Mandates Reform Act of 1995

    OSHA reviewed this proposed rule 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 in section IV (``Preliminary
Economic Analysis and Regulatory Flexibility Act Certification'') of
this notice, the Agency determined that this proposed rule has one
revision with estimated annual new costs of $27,899, but all proposed
revisions would result in approximately $3.2 million per year in
overall (net) cost savings to regulated entities.
    As noted under section VIII (``State Plans'') of this notice, the
Agency's standards do not apply to State and local governments except
in States that elect voluntarily to adopt a State Plan approved by the
Agency. Consequently, this proposed rule does not meet the definition
of a ``Federal intergovernmental mandate'' (see Section 421(5) of the
UMRA (2 U.S.C. 658(5)). Therefore, for the purposes of the UMRA, the
Agency certifies that this proposed rule does not mandate that State,
local, or tribal governments adopt new, unfunded regulatory
obligations, or increase expenditures by the private sector of more
than $100 million in any year.

X. Review by the Advisory Committee for Construction Safety and Health

    OSHA must to consult with the ACCSH whenever the Agency proposes a
rulemaking that involves the occupational safety and health of
construction employees (29 CFR 1911.10, 1912.3). Accordingly, prior to
the dates of meetings listed below, OSHA distributed to the ACCSH
members for their review, a copy of the proposed revisions that applied
to construction, as well as a brief summary and explanation of these
revisions. At the regular meetings on December 15-16, 2011, May 10-11
2012, November 29, 2012, March 18, 2013, May 23, 2013, August 22, 2013,
May 7-8 2014, December 3-4, 2014, and December 2, 2015, OSHA staff made
presentations to the ACCSH members that summarized the material
provided to them earlier, and then responded to their questions. The
ACCSH subsequently recommended that OSHA publish the proposal.

XI. Public Participation

A. Submission of Comments and Access to the Docket

    OSHA invites comments on the proposed revisions described, and the
specific issues raised, in this notice. These comments should include
supporting information and data. OSHA will carefully review and
evaluate these comments, information, and data, as well as any other
information in the rulemaking record, to determine how to proceed.
    When submitting comments, parties must follow the procedures
specified in the previous sections titled DATES and

ADDRESSES. The comments must provide the name of the commenter and
docket number. The comments also should identify clearly the provision
of the proposal each comment is addressing, the position taken with
respect to the proposed provision or issue, and the basis for that
position. Comments, along with supporting data and references,
submitted on or before the end of the specified comment period will
become part of the proceedings record, and will be available for public
inspection and copying at http://www.regulations.gov.

B. Requests for an Informal Public Hearing

    Under section 6(b)(3) of the OSH Act and 29 CFR 1911.11, members of
the public may request an informal public hearing by following the
instructions under the section of this Federal Register notice titled
ADDRESSES. Hearing requests must include the name and address of the
party requesting the hearing, and submitted (e.g., postmarked,
transmitted, sent) on or before December 5, 2016. All submissions must
bear a postmark or provide other evidence of the submission date.

List of Subjects

29 CFR Part 1904

    Recordkeeping.

29 CFR Part 1910

    Chest X-ray requirements, Incorporation by reference, Lockout/
tagout, Pulmonary-function testing, Reporting and recordkeeping
requirements.

29 CFR Part 1915

    Chest X-ray requirements, Reporting and recordkeeping requirements,
Sanitation.

29 CFR Part 1926

    Airborne contaminants, Construction, Chest X-ray requirements, Coke
oven emissions, Diesel equipment, Decompression table, Excavations,
Emergency services, Incorporation by reference, Lanyards, Load limits,
Manual on Uniform Traffic Control Devices (MUCTD), Personal protective
equipment, Process safety management, Reporting and recordkeeping
requirements, Roll-over protective structures (ROPs).

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, authorized
the preparation of this notice pursuant to Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657),
29 CFR part 1911, and Secretary's Order 1-2012 (77 FR 3912).

    Signed at Washington, DC, on August 10, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

Proposed Amendments to Standards

    For the reasons stated in the preamble of this proposed rule, the
Occupational Safety and Health Administration is proposing to amend 29
CFR parts 1904, 1910, 1915, and 1926 as set forth below:

PART 1904--RECORDING AND REPORTING OCCUPATIONAL INJURIES AND
ILLNESSES

0
1. Revise the authority citation for part 1904 to read as follows:

    Authority: 29 U.S.C. 657, 658, 660, 666, 669, 673, Secretary of
Labor's Orders No. 3-2000 (65 FR 50017) and 1-2012 (77 FR 3912), as
applicable, and 5 U.S.C. 553.

Subpart C--Recordkeeping Forms and Recording Criteria

0
2. Revise paragraph (b)(6) of Sec.  1904.10 to read as follows:

Sec.  1904.10  Recording criteria for cases involving occupational
hearing loss.

* * * * *
    (b) * * *
    (6) If a physician or other licensed health care professional
determines the hearing loss is not work-related, do I still need to
record the case? If a physician or other licensed health care
professional determines, following the rules set out in Sec.  1904.5,
that the hearing loss is not work-related or that occupational noise
exposure did not significantly aggravate the hearing loss, you do not
have to consider the case work-related or record the case on the OSHA
300 Log.
* * * * *

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

0
3. The authority section for part 1910 continues to read as follows:

    Authority:  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), 4-2010 (75 FR 55355), or 1-2012 (77 FR
3912), as applicable.
    Sections 1910.6, 1910.7, 1910.8, and 1910.9 also issued under 29
CFR 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29
U.S.C. 9a, 5 U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222);
Public Law 11-8 and 111-317; and OMB Circular A-25 (dated July 8,
1993) (58 FR 38142, July 15, 1993).

Subpart A--General

0
4. Add paragraphs (aa) and (bb) to Sec.  1910.6 to read as follows:

Sec.  1910.6  Incorporation by reference.

* * * * *
    (aa) The following material is available for purchase at the
American Thoracic Society (ATS), 25 Broadway, 18th Floor New York, NY
10004; Web site: http://www.atsjournals.org/.
    (1) Spirometric Reference Values from a Sample of the General U.S.
Population. Hankinson JL, Odencrantz JR, Fedan KB. American Journal of
Respiratory and Critical Care Medicine, 159(1):179-187, January 1999,
IBR approved for Sec.  1910.1043(h).
    (2) [Reserved]
    (bb) The following material is available for purchase from the
International Labour Organization (ILO), 4 route des Morillons, CH-1211
Gen[egrave]ve 22, Switzerland; telephone: +41 (0) 22 799 6111; fax: +41
(0) 22 798 8685; Web site: http://www.ilo.org/.
    (1) Guidelines for the Use of the ILO International Classification
of Radiographs of Pneumoconioses, Revised Edition 2011, Occupational
safety and health series; 22 (Rev.2011), IBR approved for Sec.
1910.1001, Appendix E.
    (2) [Reserved]

Subpart J--General Environmental Controls

0
5. The authority section for subpart J continues to read as follows:

    Authority:  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), 5-2007 (72 FR
31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable.

0
6. Amend Sec.  1910.147 by:
0
a. Revising paragraphs (a)(1)(i), (a)(2)(iii)(A), and (a)(3)(i);
0
b. Revising the definition of ``Servicing and/or maintenance'' in
paragraph (b);
0
c. Revising paragraphs (c)(1) and (c)(4)(i) note;
0
d. Revising paragraph (f)(4);
0
e. Revising Appendix A.
    The revisions read as follows:

Sec.  1910.147  The control of hazardous energy (lockout/tagout).

    (a) * * *
    (1) * * *
    (i) This standard covers the servicing and maintenance of machines
and equipment in which the energization or

startup of the machines or equipment, or release of stored energy could
cause injury to employees. This standard establishes minimum
performance requirements for the control of such hazardous energy.
* * * * *
    (2) * * *
    (iii) * * *
    (A) Work on cord and plug connected electric equipment for which
exposure to the hazards of energization or startup of the equipment is
controlled by the unplugging of the equipment from the energy source
and by the plug being under the exclusive control of the employee
performing the servicing or maintenance.
* * * * *
    (3) * * *
    (i) This section requires employers to establish a program and
utilize procedures for affixing appropriate lockout devices or tagout
devices to energy isolating devices, and to otherwise disable machines
or equipment to prevent energization, startup or release of stored
energy in order to prevent injury to employees.
* * * * *
    (b) * * *
    Servicing and/or maintenance. Workplace activities such as
constructing, installing, setting up, adjusting, inspecting, modifying,
and maintaining and/or servicing machines or equipment. These
activities include lubrication, cleaning or unjamming of machines or
equipment and making adjustments or tool changes, where the employee
may be exposed to the energization or startup of the equipment or
release of hazardous energy.
* * * * *
    (c) * * *
    (1) Energy control program. The employer shall establish a program
consisting of energy control procedures, employee training and periodic
inspections to ensure that before any employee performs any servicing
or maintenance on a machine or equipment where the energizing, startup
or release of stored energy could occur and cause injury, the machine
or equipment shall be isolated from the energy source and rendered
inoperative.
* * * * *
    (4) * * *
    (i) * * *
    Note: Exception: The employer need not document the required
procedure for a particular machine or equipment, when all of the
following elements exist: (1) The machine or equipment has no potential
for stored or residual energy or reaccumulation of stored energy after
shut down which could endanger employees; (2) the machine or equipment
has a single energy source which can be readily identified and
isolated; (3) the isolation and locking out of that energy source will
completely deenergize and deactivate the machine or equipment; (4) the
machine or equipment is isolated from that energy source and locked out
during servicing or maintenance; (5) a single lockout device will
achieve a locked-out condition; (6) the lockout device is under the
exclusive control of the authorized employee performing the servicing
or maintenance; (7) the servicing or maintenance does not create
hazards for other employees; and (8) the employer, in utilizing this
exception, has had no accidents involving the activation or
reenergization of the machine or equipment during servicing or
maintenance.
* * * * *
    (f) * * *
    (4) Shift or personnel changes. Specific procedures shall be
utilized during shift or personnel changes to ensure the continuity of
lockout or tagout protection, including provision for the orderly
transfer of lockout or tagout device protection between off- going and
oncoming employees, to minimize exposure to hazards from the
energization or startup of the machine or equipment, or the release of
stored energy.
* * * * *

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Subpart Z--Toxic and Hazardous Substances

0
7. Revise the authority citation for subpart Z to read as follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
or 5-2007 (72 FR 31159), 4-2010 (75 FR 55355) or 1-2012 (77 FR
3912), as applicable; and 29 CFR part 1911.
    All of subpart Z issued under section 6(b) of the Occupational
Safety and Health Act of 1970, except those substances that have
exposure limits listed in Tables Z-1, Z-2, and Z-3 of 29 CFR
1910.1000. The latter were issued under section 6(a) (29 U.S.C.
655(a)).
    Section 1910.1000, Tables Z-1, Z-2 and Z-3 also issued under 5
U.S.C. 553, but not under 29 CFR part 1911 except for the arsenic
(organic compounds), benzene, cotton dust, and chromium (VI)
listings.
    Section 1910.1001 also issued under section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 3704) and 5 U.S.C.
553.
    Section 1910.1002 also issued under 5 U.S.C. 553, but not under
29 U.S.C. 655 or 29 CFR part 1911.
    Sections 1910.1018, 1910.1029, and 1910.1200 also issued under
29 U.S.C. 653.
    Section 1910.1030 also issued under Pub. L. 106-430, 114 Stat.
1901.
    Section 1910.1201 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.

0
8. Amend Sec.  1910.1001 by:
0
a. Revising paragraphs (l)(2)(ii) and (l)(3)(ii);
0
b. Revising the heading to Table 1;
0
c. Revising Appendix D;
0
d. Revising Appendix E;
0
e. Revising Appendix H, sections III and IV(iii).
    The revisions read as follows:

Sec.  1910.1001  Asbestos.

* * * * *
    (l) * * *
    (2) * * *
    (ii) Such examination shall include, as a minimum, a medical and
work history; a complete physical examination of all systems with
emphasis on the respiratory system, the cardiovascular system and
digestive tract; completion of the respiratory disease standardized
questionnaire in Appendix D to this section, part 1; a 14- by 17-inch
or other reasonably-sized standard film or digital posterior-anterior
chest X-ray; pulmonary function tests to include forced vital capacity
(FVC) and forced expiratory volume at 1 second (FEV(1.0)); and any
additional tests deemed appropriate by the examining physician.
Classification of all chest X-rays shall be conducted in accordance
with Appendix E to this section.
    (3) * * *
    (ii) The scope of the medical examination shall be in conformance
with the protocol established in paragraph (l)(2)(ii) of this section,
except that the frequency of chest X-rays shall be conducted in
accordance with Table 1, and the abbreviated standardized questionnaire
contained in part 2 of Appendix D to this section shall be administered
to the employee.
    Table 1--Frequency of Chest X-ray
* * * * *

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0
9. Amend Sec.  1910.1018 by:
0
a. Revising paragraphs (n)(2)(ii)(A) and, (n)(3)(i) and (ii);
0
b. Revising Appendix A, section VI;
0
c. Revising Appendix C, sections I(2) and (4).
    The revisions read as follows:

Sec.  1910.1018  Inorganic arsenic.

* * * * *
    (n) * * *
    (2) * * *
    (ii) * * *
    (A) A standard film or digital posterior-anterior chest X-ray;
* * * * *
    (3) * * *
    (i) Examinations must be provided in accordance with paragraphs
(n)(2)(i) and (n)(2)(ii)(B) and (C) of this section at least annually.
    (ii) Whenever a covered employee has not taken the examinations
specified in paragraphs (n)(2)(i) and (n)(2)(ii)(B) and (C) of this
section within six (6) months preceding the termination of employment,
the employer shall provide such examinations to the employee upon
termination of employment.
* * * * *

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0
10. Amend Sec.  1910.1027 by:
0
a. Revising paragraph (l)(4)(ii)(C);
0
 b. Revising Appendix D.
    The revisions read as follows:

Sec.  1910.1027  Cadmium.

    (l) * * *
    (4) * * *
    (ii) * * *
    (C) A 14 inch by 17 inch or other reasonably-sized standard film or
digital posterior-anterior chest X-ray (after the initial X-ray, the
frequency of chest X-rays is to be determined by the examining
physician);
* * * * *

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0
11. Amend Sec.  1910.1029 by:
0
a. Revising paragraphs (j)(2)(ii) and (j)(3);
0
b. Revising Appendix A, section VI;
0
c. Revising Appendix B, section II(A).
    The revisions read as follows:

Sec.  1910.1029   Coke oven emissions.

* * * * *
    (j) * * *
    (2) * * *
    (ii) 14- by 17-inch or other reasonably-sized standard film or
digital posterior-anterior chest X-ray;
* * * * *
    (3) Periodic examinations. (i) The employer shall provide the
examinations specified in paragraphs (j)(2)(i) and (j)(2)(iii) through
(vi) of this section at least annually for employees covered under
paragraph (j)(1)(i) of this section.
    (ii) The employer must provide the examinations specified in
paragraphs (j)(2)(i) and (j)(2)(iii) through (vii) of this section at
least annually for employees 45 years of age or older or with five (5)
or more years employment in the regulated area.
    (iii) Whenever an employee who is 45 years of age or older or with
five (5) or more years employment in a regulated area transfers or is
transferred from employment in a regulated area, the employer must
continue to provide the examinations specified in paragraphs (j)(2)(i)
and (j)(2)(iii) through (vii) of this section at least annually as long
as that employee is employed by the same employer or a successor
employer.
* * * * *

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0
12. Amend Sec.  1910.1043 by:
0
a. Revising paragraphs (h)(2)(iii) and (h)(3)(ii);
0
b. Revising paragraph (n)(1);
0
c. Revising Appendices B-I, B-II, and B-III;
0
d. Removing and reserving Appendix C;
0
e. Revising Appendix D.
    The revisions read as follows:

Sec.  1910.1043  Cotton Dust.

* * * * *
    (h) * * *
    (2) * * *
    (iii) A pulmonary function measurement, including forced vital
capacity (FVC) and forced expiratory volume in one second (FEV1), and
determination of the FEV1/FVC ratio shall be made. FVC, FEV1, and FEV1/
FVC ratio values shall be compared to appropriate race/ethnicity-
specific Lower Limit of Normal (LLN) values and predicted values
published in Spirometric Reference Values from a Sample of the General
U.S. Population, American Journal of Respiratory and Critical Care
Medicine, 159(1):179-187, January 1999 (incorporated by reference, see
Sec.  1910.6). To obtain reference values for Asian-Americans,
Spirometric Reference Values FEV1 and FVC predicted and LLN values for
Caucasians shall be multiplied by 0.88 to adjust for ethnic
differences. These determinations shall be made for each employee
before the employee enters the workplace on the first day of the work
week, preceded by at least 35 hours of no exposure to cotton dust. The
tests shall be repeated during the shift, no less than 4 and no more
than 10 hours after the beginning of the work shift; and, in any event,
no more than one hour after cessation of exposure. Such exposure shall
be typical of the employee's usual workplace exposure.
* * * * *
    (3) * * *
    (ii) Medical surveillance as required in paragraph (h)(3)(i) of
this section shall be provided every six months for all employees in
the following categories:

    (A) An FEV1 greater than the LLN, but with an FEV1 decrement of 5
percent or 200 ml. on a first working day;
    (B) An FEV1 of less than the LLN; or
* * * * *
    (n) * * *
    (1) Appendices B and D of this section are incorporated as part of
this section and the contents of these appendices are mandatory.
* * * * *
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0
13. Revise paragraphs (n)(2)(iii), and (n)(3)(i) and (ii) of Sec.
1910.1045 to read as follows:

Sec.  1910.1045  Acrylonitrile.

* * * * *
    (n) * * *
    (2) * * *
    (iii) 14- by 17-inch or other reasonably-sized standard film or
digital posterior-anterior chest X-ray; and
* * * * *
    (3) * * *
    (i) The employer shall provide the examinations specified in
paragraphs (n)(2)(i), (ii), and (iv) of this section at least annually
for all employees specified in paragraph (n)(1) of this section.
    (ii) If an employee has not had the examination specified in
paragraphs (n)(2)(i), (ii), and (iv) of this section within 6 months
preceding termination of employment, the employer shall make such
examination available to the employee prior to such termination.
* * * * *
0
14. Revise Appendix D of Sec.  1910.1048 to read as follows:

Sec.  1910.1048  Formaldehyde.

* * * * *
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Sec.  1910.1051  1,3-Butadiene.

* * * * *

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0
16. Revise Appendix B, section IV., of Sec. 1910.1052 to read as
follows:

Sec.  1910.1052  Methylene chloride.

* * * * *

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

0
17. The authority citation for part 1915 continues to read as follows:

    Authority: Section 41, Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 941); 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 31160), 4-
2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable; 29 CFR
part 1911.
    Sections 1915.120 and 1915.152 of 29 CFR also issued under 29
CFR part 1911.

Subpart A--General Provisions

0
18. Add paragraph (d)(6) to Sec.  1915.5 to read as follows:

Sec.  1915.5  Incorporation by reference.

* * * * *
    (d) * * *
    (6) The following material is available for purchase from the
International Labour Organization (ILO), 4 route des Morillons, CH-1211
Gen[egrave]ve 22, Switzerland; telephone: +41 (0) 22 799 6111; fax: +41
(0) 22 798 8685; Web site: http://www.ilo.org/.
    (i) Guidelines for the Use of the ILO International Classification
of Radiographs of Pneumoconioses, Revised Edition 2011, Occupational
safety and health series; 22 (Rev.2011), IBR approved for Sec.
1915.1001, Appendix E.
* * * * *

Subpart F--General Working Conditions

0
19. Revise paragraph (b)(33) of Sec.  1915.80 to read as follows:

Sec.  1915.80  Scope, application, definitions, and effective dates.

* * * * *
    (b) * * *
    (33) Vermin. Insects, birds, rodents and other animals that may
create safety and health hazards for employees.
* * * * *

Subpart Z--Toxic and Hazardous Substances

0
20. Amend Sec.  1915.1001 by:
0
a. Revising paragraph (m)(2)(ii)(C);
0
b. Revising Appendix D;
0
c. Revising Appendix E;
0
d. Revising Appendix I, sections III and IV(iii).
    The revisions read as follows:

Sec.  1915.1001  Asbestos.

* * * * *
    (m) * * *
    (2) * * *
    (ii) * * *
    (C) A physical examination directed to the pulmonary and
gastrointestinal systems, including a 14- by 17-inch or other
reasonably-sized standard film or digital posterior-anterior chest X-
ray to be administered at the discretion of the physician, and
pulmonary function tests of forced vital capacity (FVC) and forced
expiratory volume at one second (FEV(1)). Classification of all chest
X-rays shall be conducted in accordance with Appendix E to this
section.
* * * * *

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PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

Subpart A--General

0
21. The authority citation for subpart A continues to read as follows:

    Authority: 40 U.S.C. 3701 et seq.; 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), or 5-2007 (72 FR 31160),
5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912),
as applicable; and 29 CFR part 1911.
0
22. Amend Sec.  1926.6 by:
0
a. Revising paragraph (u)(1) and removing and reserving (u)(2);
0
b. Redesignating paragraphs (x)(1) through (3) as paragraphs (x)(4)
through (6), and adding new paragraphs (x)(1) through (3);
0
c. Revising paragraph (dd); and
0
d. Adding paragraphs (gg) and (hh).
    The revisions and additions read as follows:

Sec.  1926.6  Incorporation by reference.

* * * * *
    (u) * * *
    (1) Manual on Uniform Traffic Control Devices, 2009 Edition, Part
6, May 2012, IBR approved for Sec. Sec.  1926.200(g) and 1926.201(a).
* * * * *
    (x) * * *
    (1) ISO 27850:2013, Tractors for agriculture and forestry--Falling
object protective structures--Test procedures and performance
requirements, First Edition, May.01, 2013 (``ISO 27850:2013''), IBR
approved for Sec.  1926.1003(c).
    (2) ISO 3471:2008, Earth-moving machinery--Roll-over protective
structures--Laboratory tests and performance requirements, Fourth
Edition, Aug. 8, 2008 (``ISO 3471:2008''), IBR approved for Sec.
1926.1001(c).
    (3) ISO 5700:2013, Tractors for agriculture and forestry--Roll-over
protective structures--Static test method and conditions, Fifth
Edition, May 1, 2013 (``ISO 5700:2013''), IBR approved for Sec.
1926.1002(c).
* * * * *
    (dd) The following material is available for purchase from the
Society of Automotive Engineers (SAE), 400 Commonwealth Drive,
Warrendale, PA 15096; telephone: 1-877-606-7323; fax:<PHONE_NUMBER>; Web
site: http://www.sae.org/:
    (1) SAE 1970 Handbook, IBR approved for Sec.  1926.602(b).
    (2) SAE J166-1971, Trucks and Wagons, IBR approved for Sec.
1926.602(a).
    (3) SAE J167-1970, Protective Frame with Overhead Protection-Test
Procedures and Performance Requirements, IBR approved for Sec.
1926.1003(b).
    (4) SAE J168-1970, Protective Enclosures-Test Procedures and
Performance Requirements, IBR approved for Sec.  1926.1002(b).
    (5) SAE J185 (reaf. May 2003), Access Systems for Off-Road
Machines, reaffirmed May 2003 (``SAE J185 (May 1993)''), IBR approved
for Sec.  1926.1423(c).
    (6) SAE J236-1971, Self-Propelled Graders, IBR approved for Sec.
1926.602(a).
    (7) SAE J237-1971, Front End Loaders and Dozers, IBR approved for
Sec.  1926.602(a).
    (8) SAE J319b-1971, Self-Propelled Scrapers, IBR approved for Sec.
1926.602(a).
    (9) SAE J320a-1971, Minimum Performance Criteria for Roll-Over
Protective Structure for Rubber-Tired, Self-Propelled Scrapers, IBR
approved for Sec.  1926.1001(b).
    (10) SAE J321a-1970, Fenders for Pneumatic-Tired Earthmoving
Haulage Equipment, IBR approved for Sec.  1926.602(a).
    (11) SAE J333a-1970, Operator Protection for Agricultural and Light
Industrial Tractors, IBR approved for Sec.  1926.602(a).
    (12) SAE J334a-1970, Protective Frame Test Procedures and
Performance Requirements, IBR approved for Sec.  1926.1002(b).
    (13) SAE J386-1969, Seat Belts for Construction Equipment, IBR
approved for Sec.  1926.602(a).
    (14) SAE J394-1971, Minimum Performance Criteria for Roll-Over
Protective Structure for Rubber-Tired Front End Loaders and Robber-
Tired Dozers, IBR approved for 1926.1001(b).
    (15) SAE J395-1971, Minimum Performance Criteria for Roll-Over
Protective Structure for Crawler Tractors and Crawler-Type Loaders, IBR
approved for Sec.  1926.1001(b).
    (16) SAE J396-1971, Minimum Performance Criteria for Roll-Over
Protective Structure for Motor Graders, IBR approved for Sec.
1926.1001(b).
    (17) SAE J397-1969, Critical Zone Characteristics and Dimensions
for Operators of Construction and Industrial Machinery, IBR approved
for Sec.  1926.1001(b).
    (18) SAE J743a-1964, Tractor Mounted Side Boom, 1964 (``SAE J743a-
1964''), IBR approved for Sec.  1926.1501(a).
    (19) SAE J959-1966, Lifting Crane Wire-Rope Strength Factors, 1966
(``SAE J959-1966''), IBR approved for Sec.  1926.1501(a).
    (20) SAE J987 (rev. Jun. 2003), Lattice Boom Cranes--Method of
Test, revised Jun. 2003 (``SAE J987 (Jun. 2003)''), IBR approved for
Sec.  1926.1433(c).
    (21) SAE J1063 (rev. Nov. 1993), Cantilevered Boom Crane
Structures--Method of Test, revised Nov. 1993 (``SAE J1063 (Nov.
1993)''), IBR approved for Sec.  1926.1433(c).
* * * * *
    (gg) The following material is available for purchase from the
French government at http://www.journal-officiel.gouv.fr/.
    (1) Travaux en milieu hyperbare, measures particuli[egrave]res de
pr[eacute]vention (Work in hyperbaric environment, specific prevention
measures). J.O. Rep. Fran[ccedil]. Brochure n[deg] 1636, June 1992.
    (2) [Reserved]

    (hh) The following material is available for purchase from the
International Labour Organization (ILO), 4 route des Morillons, CH-1211
Gen[egrave]ve 22, Switzerland; telephone: +41 (0) 22 799 6111; fax: +41
(0) 22 798 8685; Web site: http://www.ilo.org/.
    (1) Guidelines for the Use of the ILO International Classification
of Radiographs of Pneumoconioses, Revised Edition 2011, Occupational
safety and health series; 22 (Rev. 2011), IBR approved for Sec.
1926.1101, Appendix E.
    (2) [Reserved]

Subpart D--Occupational Health and Environmental Controls

0
23. Revise the authority citation for subpart D to read as follows:

    Authority: Section 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3704); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and
657); and 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), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912) as applicable;
and 29 CFR part 1911.
    Sections 1926.59, 1926.60, and 1926.65 also issued under 5
U.S.C. 553 and 29 CFR part 1911.
    Section 1926.61 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
    Section 1926.62 also issued under section 1031 of the Housing
and Community Development Act of 1992 (42 U.S.C. 4853).
    Section 1926.65 also issued under section 126 of the Superfund
Amendments and Reauthorization Act of 1986, as amended (reprinted at
29 U.S.C.A. 655 Note), and 5 U.S.C. 553.

0
24. Revise paragraph (f) of Sec.  1926.50 to read as follows:

Sec.  1926.50  Medical services and first aid.

* * * * *
    (f)(1) In areas where 911 emergency dispatch services are not
available, the telephone numbers of the physicians, hospitals, or
ambulances shall be conspicuously posted.
    (2) In areas where 911 emergency dispatch services are available
and an employer uses a communication system for contacting necessary
emergency-medical service, the employer must:
    (i) Ensure that the communication system is effective in contacting
the emergency-medical service; and
    (ii) When using a communication system in an area that does not
automatically supply the caller's latitude and longitude information to
the 911 emergency dispatcher, the employer must post in a conspicuous
location at the worksite either:
    (A) The latitude and longitude of the worksite; or
    (B) Other location-identification information that communicates
effectively to employees the location of the worksite.
    Note to paragraph (f)(2)(ii) of this section: The requirement
specified in paragraph (f)(2)(ii) of this section does not apply to
worksites with readily available telephone land lines that have 911
emergency service that automatically identifies the location of the
caller.
* * * * *
0
25. Amend Sec.  1926.55 by:
0
a. Revising paragraph (a);
0
b. Revising paragraph (c);
0
c. In appendix A:
0
i. Revising the heading;
0
ii. Removing the entry for ``Coke Oven Emissions'';
0
iii. Revising entries for ``Asbestos''; ``Talc (containing asbestos);
use asbestos limit''; ``Tremolite, asbestiform''; Footnote 3; and the
footnote designated by a single asterisk;
0
iv. Removing Footnote 4 and the footnote designated by double
asterisks.
    The revisions read as follows:

Sec.  1926.55  Gases, vapors, fumes, dusts, and mists.

    (a) Permissible Exposure Limits. Employers must limit an employee's
exposure to any substance listed in Table A of this section in
accordance with the following:
    (1) Substances with limits preceded by (C)--Ceiling Values. An
employee's exposure, as determined from breathing-zone air samples, to
any substance in Table A with a permissible exposure limit preceded by
(C) must at no time exceed the exposure limit specified for that
substance. If instantaneous monitoring is not feasible, then the
employer must assess the ceiling as a 15-minute time-weighted average
exposure that the employer cannot exceed at any time during the working
day.
    (2) Other substances--8-hour Time Weighted Averages. An employee's
exposure, as determined from breathing-zone air samples, to any
substance in Table A with a permissible exposure limit not preceded by
(C) must not exceed the limit specified for that substance measured as
an 8-hour time-weighted average in any work shift.
* * * * *
    (c) Paragraphs (a) and (b) of this section do not apply to the
exposure of employees to airborne asbestos, tremolite, anthophyllite,
or actinolite dust. Whenever any employee is exposed to airborne
asbestos, tremolite, anthophyllite, or actinolite dust, the
requirements of Sec.  1926.1101 of this title shall apply.
* * * * *

                Table A to Sec.   1926.55--Permissible Exposure Limits for Airborne Contaminants
----------------------------------------------------------------------------------------------------------------
                                                                                Skin
                    Substance                       CAS No. \d\       ppm \a\        mg/m3, b       designation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Asbestos; see Sec.   1926.1101..................

                                                  * * * * * * *
Talc (containing asbestos); use asbestos limit;
 see Sec.   1926.1101...........................

                                                  * * * * * * *
Tremolite, asbestiform; see Sec.   1926.1101....

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    Footnotes
* * * * *
    \3\ Use Asbestos Limit Sec.  1926.1101.
* * * * *
    * An ``X'' designation in the ``Skin Designation'' column indicates
that the substance is a dermal hazard.

    \a\ Parts of vapor or gas per million parts of contaminated air by
volume at 25 [deg]C and 760 torr.
    \b\ Milligrams of substance per cubic meter of air. When entry is
in this column only, the value is exact; when listed with a ppm entry,
it is approximate.
* * * * *
    \d\ The CAS number is for information only. Enforcement is based on
the substance name. For an entry covering more than one metal compound,
measured as the metal, the CAS number for the metal is given--not CAS
numbers for the individual compounds.
* * * * *
0
26. Revise Sec.  1926.64 to read as follows:

Sec.  1926.64  Process safety management of highly hazardous chemicals.

    For requirements regarding the process safety management of highly
hazardous chemicals as it pertains to construction work, follow the
requirements in 29 CFR 1910.119 of this chapter.

Subpart E--Personal Protective and Life Saving Equipment

0
27. The authority citation for subpart E continues to read as follows:

    Authority:  40 U.S.C. 3701 et seq.; 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), 5-
2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or
1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.

0
28. Revise paragraph (c) of Sec.  1926.95 to read as follows:

Sec.  1926.95  Criteria for personal protective equipment.

* * * * *
    (c) Design and selection. Employers must ensure that all personal
protective equipment:
    (1) Is of safe design and construction for the work to be
performed; and
    (2) Is selected to ensure that it properly fits each affected
employee.
* * * * *
0
29. Revise paragraph (c) of Sec.  1926.104 to read as follows:

Sec.  1926.104  Safety belts, lifelines, and lanyards.

* * * * *
    (c) Lifelines used on rock-scaling operations, or in areas where
the lifeline may be subjected to cutting or abrasion, shall be a
minimum of 7/8-inch wire core manila rope. For all other lifeline
applications, a minimum of 3/4-inch manila or equivalent, with a
minimum breaking strength of 5,000 pounds, shall be used.
* * * * *

Subpart G--Signs, Signals, and Barricades

0
30. The authority citation for subpart G continues to read as follows:

    Authority: 40 U.S.C. 333; 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), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR
31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable;
and 29 CFR part 1911.

0
31. Revise paragraph (g) of Sec.  1926.200 to read as follows:

Sec.  1926.200  Accident prevention signs, devices, and tags.

* * * * *
    (g) Traffic control signs and devices. (1) At points of hazard,
construction areas shall be posted with legible traffic control signs
and protected by traffic control devices.
    (2) The design and use of all traffic control devices, including
signs, signals, markings, barricades, and other devices, for protection
of construction workers shall conform to Part VI of the MUTCD, 2009
Edition, including Revision 1 dated May 2012 and Revision 2 dated May
2012, FHWA (incorporated by reference, see Sec.  1926.6).
* * * * *
0
32. Revise paragraph (a) of Sec.  1926.201 to read as follows:

Sec.  1926.201   Signaling.

    (a) Flaggers. Signaling by flaggers and the use of flaggers,
including warning garments worn by flaggers, shall conform to Part VI
of the Manual on Uniform Traffic Control Devices, 2009 Edition,
including Revision 1 dated May 2012 and Revision 2 dated May 2012, FHWA
(incorporated by reference, see Sec.  1926.6).
* * * * *

Sec.  1926.202  [Removed]

0
33. Remove Sec.  1926.202.

Sec.  1926.203   [Removed]

0
34. Remove Sec.  1926.203.

Subpart H--Materials Handling, Storage, Use, and Disposal

0
35. The authority citation for subpart H continues to read as follows:

    Authority:  40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; and
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), 4-2010 (75 FR 55355),
or 1-2012 (77 FR 3912), as applicable.
    Section 1926.250 also issued under 29 CFR part 1911.

0
36. Revise paragraph (a)(2) of Sec.  1926.250 to read as follows:

Sec.  1926.250  General requirements for storage.

    (a) * * *
    (2) Employers must:
    (i) Post the maximum safe load limits of the floors within
buildings and structures, in pounds per square foot, conspicuously in
all storage areas, except for floors or slabs on grade, and except that
employers need not post limits in detached single-family dwellings or
townhouses that are under construction; and
    (ii) Ensure that loads on floors do not exceed the maximum safe
loads of the floors.
* * * * *

Subpart P--Excavations

0
37. The authority citation for subpart P is revised to read as follows:

    Authority: Sec. 107, Contract Worker Hours and Safety Standards
Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6, 8,
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), or 1-2012 (77 FR
3912), as applicable.

0
38. Revise paragraph (j) of Sec.  1926.651 to read as follows:

Sec.  1926.651  Specific excavation requirements.

* * * * *
    (j) Protection of employees from loose rock or soil. (1) Where
there is loose rock or soil on the excavation face, employers must use
scaling to remove the loose material; install protective barricades at
intervals as necessary on the face to stop and contain falling
material; or use other means that provide equivalent protection.
    (2) Protection from excavated or other materials or equipment shall
be provided by placing and keeping excavated or other materials or
equipment at least 2 feet (.61 m) from the edge of excavations, or by
the use of retaining devices that are sufficient to prevent materials
or equipment from falling or rolling into excavations, or by a
combination of both if necessary.
* * * * *

Subpart S--Underground Construction, Caissons, Cofferdams, and
Compressed Air

0
39. The authority citation for subpart S continues to read as follows:

    Authority: 40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; and
Secretary of Labor's Orders 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), 5-2007 (72 FR
31159), or 1-2012 (77 FR 3912), as applicable.

0
40. Revise paragraph (k)(10) of Sec.  1926.800 to read as follows:

Sec.  1926.800  Underground construction.

* * * * *
    (k) * * *
    (10)(i) Internal combustion engines, except diesel-powered engines
on mobile equipment, are prohibited underground.
    (ii) Mobile diesel-powered equipment used underground in
atmospheres other than gassy operations purchased on or before [DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] shall
    (A) Comply with paragraph (k)(10)(iii); or
    (B) Have been approved by MSHA under 30 CFR part 32 (formerly
Schedule 24) (1995), or be demonstrated by the employer to be fully
equivalent to such MSHA-approved equipment, and be operated in
accordance with that part. For purposes of this subsection, when an
applicable MSHA provision uses the term ``mine,'' use the phrase
``underground construction site.'' (Each brake horsepower of a diesel
engine requires at least 100 cubic feet (28.32 m\3\) of air per minute
for suitable operation in addition to the air requirements for
personnel. Some engines may require a greater amount of air to ensure
that the allowable levels of carbon monoxide, nitric oxide, and
nitrogen dioxide are not exceeded.)
    (iii) Mobile diesel-powered equipment used underground in
atmospheres other than gassy operations purchased after [DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] shall comply with
MSHA provisions 30 CFR 57.5067, 75.1909, 75.1910, and 75.1911(a)
through (i) and shall be operated in accordance with those provisions.
For purposes of this subsection, when an applicable MSHA provision uses
the term ``mine,'' use the phrase ``underground construction site.''
(Each brake horsepower of a diesel engine requires at least 100 cubic
feet (28.32 m\3\) of air per minute for suitable operation in addition
to the air requirements for personnel. Some engines may require a
greater amount of air to ensure that the allowable levels of carbon
monoxide, nitric oxide, and nitrogen dioxide are not exceeded.)
* * * * *
0
41. Revise paragraph (f)(1) of Sec.  1926.803 to read as follows:

Sec.  1926.803  Compressed Air.

* * * * *
    (f) * * *
    (1) Decompression to normal condition shall be in accordance with
the 1992 French Air and Oxygen decompression tables (incorporated by
reference, see Sec.  1926.6).
* * * * *

Appendix A to Subpart S of Part 1926 [Removed]

0
42. Remove appendix A to subpart S of part 1926.

Subpart W--Rollover Protective Structures; Overhead Protection

0
43. The authority citation for subpart W is revised to read as follows:

    Authority: Section 3704 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); and 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), or 1-2012 (77 FR
3912), as applicable.

0
44. Amend Sec.  1926.1000 by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a) through (c).
    The revisions read as follows:

Sec.  1926.1000  Scope.

    (a) Coverage. This subpart applies to the following types of
material handling equipment: All rubber-tired, self-propelled scrapers,
rubber-tired front-end loaders, rubber-tired dozers, wheel-type
agricultural and industrial tractors, crawler tractors, crawler-type
loaders, and motor graders, with or without attachments, that are used
in construction work. This subpart also applies to compactors and
rubber-tired skid-steer equipment, with or without attachments,
manufactured after [EFFECTIVE DATE OF FINAL RULE], that are used in
construction work. This subpart does not apply to sideboom pipelaying
tractors.
    (b) Equipment manufactured before [EFFECTIVE DATE OF FINAL RULE].
Material handling equipment described in paragraph (a) of this section
(excluding compactors and rubber-tired skid-steer equipment)
manufactured before [EFFECTIVE DATE OF FINAL RULE], shall be equipped
with rollover protective structures that meet the minimum performance
standards prescribed in Sec.  1926.1001(b), as applicable. Agricultural
and industrial tractors used in construction shall be equipped with
rollover protective structures that meet the minimum performance
standards prescribed in Sec.  1926.1002(b), as applicable. When
overhead protection is provided on agricultural and industrial
tractors, the overhead protection shall meet the minimum performance
standards prescribed in Sec.  1926.1003(b), as applicable.
    (c) Equipment manufactured on or after [EFFECTIVE DATE OF FINAL
RULE]. Material handling machinery described in paragraph (a) of this
section manufactured on or after [EFFECTIVE DATE OF FINAL RULE], shall
be equipped with rollover protective structures that meet the minimum
performance standards prescribed in Sec.  1926.1001(c). Agricultural
and industrial tractors used in construction shall be equipped with
rollover protective structures that meet the minimum performance
standards prescribed in Sec.  1926.1002(c). When overhead protection is
provided on agricultural and industrial tractors, the overhead
protection shall meet the minimum performance standards prescribed in
Sec.  1926.1003(c).
* * * * *
0
45. Section 1926.1001 is revised to read as follows:

Sec.  1926.1001  Minimum performance criteria for rollover protective
structures for designated scrapers, loaders, dozers, graders, crawler
tractors, compactors, and rubber-tired skid steer equipment.

    (a) General. This section prescribes minimum performance criteria
for roll-over protective structures (ROPS) for rubber-tired self-
propelled scrapers; rubber-tired front end loaders and rubber-tired
dozers; crawler tractors and crawler-type loaders, motor graders,
compactors, and rubber-tired skid steer equipment.
    (b) Equipment manufactured before [EFFECTIVE DATE OF FINAL RULE].
For equipment listed in paragraph (a) of this section (excluding
compactors and rubber-tired skid steer equipment) manufactured before
[EFFECTIVE DATE OF FINAL RULE], the protective frames shall conform to
the following Society of Automotive Engineers Recommended Practices as
applicable: SAE J320a, Minimum Performance Criteria for Roll-Over
Protective Structure for Rubber-Tired, Self-Propelled Scrapers; SAE
J394, Minimum Performance Criteria for Roll-Over Protective Structure
for Rubber-Tired Front End Loaders and Rubber-Tired Dozers; SAE J395,
Minimum Performance Criteria for Roll-Over Protective Structure for
Crawler Tractors and Crawler-Type Loaders; SAE J396, Minimum
Performance Criteria for Roll-Over Protective Structure for Motor
Graders; and SAE J397-1969, Critical Zone Characteristics and
Dimensions for Operators of Construction and Industrial Machinery, as
applicable (each incorporated by

reference, see Sec.  1926.6), or comply with the consensus standard
(ISO 3471-2008) listed in paragraph (c) of this section.
    (c) Equipment manufactured on or after [EFFECTIVE DATE OF FINAL
RULE]. For equipment listed in paragraph (a) of this section
manufactured on or after [EFFECTIVE DATE OF FINAL RULE], the protective
frames shall meet the test and performance requirements of the
International Organization for Standardization (ISO) standard ISO 3471-
2008 Earth-Moving Machinery--Roll-over protective structures--
Laboratory tests and performance requirements (incorporated by
reference, see Sec.  1926.6).
0
46. Amend Sec.  1926.1002 by:
0
a. Revising paragraphs (a) through (d);
0
b. Removing paragraphs (e) through (i);
0
c. Redesignating paragraphs (j)(1) and (2) as (e)(1) and (2),
respectively;
0
d. Removing paragraphs (j)(3) and (k).
    The revisions read as follows:

Sec.  1926.1002  Protective frames (roll-over protective structures,
known as ROPS) for wheel-type agricultural and industrial tractors used
in construction.

    (a) General. This section sets forth requirements for frames used
to protect operators of wheel-type agricultural and industrial tractors
used in construction work that will minimize the possibility of
operator injury resulting from accidental upsets during normal
operation. See paragraph (e) of this section for definitions of
agricultural and industrial tractors.
    (b) Equipment manufactured before [EFFECTIVE DATE OF FINAL RULE].
For equipment manufactured before [EFFECTIVE DATE OF FINAL RULE], the
protective frames shall meet the test and performance requirements of
the Society of Automotive Engineers Standard J334a-1970, Protective
Frame Test Procedures and Performance Requirements and J168-1970,
Protective enclosures-test procedures and performance requirements, as
applicable (incorporated by reference, see Sec.  1926.6), or comply
with the consensus standard (ISO 5700-2013) listed in paragraph (c) of
this section.
    (c) Equipment manufactured on or after [EFFECTIVE DATE OF FINAL
RULE]. For equipment manufactured on or after [EFFECTIVE DATE OF FINAL
RULE], the protective frames shall meet the test and performance
requirements of the International Organization for Standardization
(ISO) standard ISO 5700-2013, Tractors for agriculture and forestry--
Roll-over protective structures--static test method and acceptance
conditions (incorporated by reference, see Sec.  1926.6).
    (d) For overhead protection requirements, see 29 CFR 1926.1003.
* * * * *
0
47. Section 1926.1003 is revised to read as follows:

Sec.  1926.1003  Overhead protection for operators of agricultural and
industrial tractors used in construction.

    (a) General. This section sets forth requirements for overhead
protection used to protect operators of wheel-type agricultural and
industrial tractors used in construction work that will minimize the
possibility of operator injury resulting from overhead objects such as
flying or falling objection, and from the cover itself in the event of
accidental upset.
    (b) Equipment manufactured before [EFFECTIVE DATE OF FINAL RULE].
When overhead protection is provided on wheel-type agricultural and
industrial tractors manufactured before [EFFECTIVE DATE OF FINAL RULE],
the overhead protection shall be designed and installed according to
the requirements contained in the test and performance requirements of
Society of Automotive Engineers Standard J167-1970, Protective Frame
with Overhead Protection-Test Procedures and Performance Requirements,
which pertains to overhead protection requirements (incorporated by
reference, see Sec.  1926.6) or comply with the consensus standard (ISO
3449-2005) listed in paragraph (c) of this section.
    (c) Equipment manufactured on or after [EFFECTIVE DATE OF FINAL
RULE]. When overhead protection is provided on wheel-type agricultural
and industrial tractors manufactured on or after [insert effective date
of the final rule], the overhead protection shall be designed and
installed according to the requirements contained in the test and
performance requirements of the International Organization for
Standardization (``ISO'') standard ISO 27850-2013, Tractors for
agriculture and forestry--Falling object protective structures--Test
procedures and performance requirements, which pertains to overhead
protection requirements (incorporated by reference, see Sec.  1926.6).
    (d) Site clearing. In the case of machines to which 29 CFR 1926.604
(relating to site clearing) also applies, the overhead protection may
be either the type of protection provided in 29 CFR 1926.604, or the
type of protection provided by this section.

Appendix A to Subpart W of Part 1926 [Removed]

0
48. Remove appendix A to subpart W of part 1926.

Subpart Z--Toxic and Hazardous Substances

0
49. The authority citation for subpart Z continues to read as follows:

    Authority:  Section 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3704); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); and 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
31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912) as applicable;
and 29 CFR part 1911.
    Section 1926.1102 not issued under 29 U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 553.

0
50. Amend Sec.  1926.1101 by:
0
a. Revising paragraph (m)(2)(ii)(C);
0
b. Revising Appendix D;
0
c. Revising Appendix E;
0
d. Revising Appendix I, sections III and IV(iii).
    The revisions read as follows:

Sec.  1926.1101  Asbestos.

* * * * *
    (m) * * *
    (2) * * *
    (ii) * * *
    (C) A physical examination directed to the pulmonary and
gastrointestinal systems, including a 14- by 17-inch or other
reasonably-sized standard film or digital posterior-anterior chest X-
ray to be administered at the discretion of the physician, and
pulmonary function tests of forced vital capacity (FVC) and forced
expiratory volume at one second (FEV(1)). Classification of all chest
X-rays shall be conducted in accordance with Appendix E to this
section.
* * * * *

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0
51. Revise paragraph (l)(4)(ii)(C) of Sec.  1926.1127 to read as
follows:

Sec.  1926.1127  Cadmium.

* * * * *
    (l) * * *
    (4) * * *
    (ii) * * *
    (C) A 14 inch by 17 inch or other reasonably-sized standard film or
digital posterior-anterior chest X-ray (after the initial X-ray, the
frequency of chest X-rays is to be determined by the examining
physician);
* * * * *

Sec.  1926.1129   [Removed and Reserved]

0
52. Remove and reserve Sec.  1926.1129.

Parts 1910, 1915, and 1926 [Amended]

0
53. In addition to the revisions and amendments set forth above, in 29
CFR parts 1910, 1915, and 1926, remove words and punctuation from the
following paragraphs and appendices as follows:

----------------------------------------------------------------------------------------------------------------
                                                                         29 CFR
   Words and punctuation to remove    --------------------------------------------------------------------------
                                              Part 1910                Part 1915                Part 1926
----------------------------------------------------------------------------------------------------------------
and social security number...........  1910.120(f)(8)(ii)(A)..  1915.1001(n)(3)(ii)(A).  1926.60(o)(5)(ii)(A)
                                       1910.1001(m)(3)(ii)(A).  1915.1026(k)(4)(ii)(A).  1926.62(d)(5)
                                       1910.1017(m)(1)........                           1926.62(n)(3)(ii)(A)
                                       1910.1025(d)(5)........                           1926.62 App. B,
                                       1910.1025(n)(3)(ii)(A).                           Sec. XII.
                                       1910.1025 App. B,......                           1926.65(f)(8)(ii)(A)
                                       Sec. XII...............                           1926.1101(n)(3)(ii)(A)
                                       1910.1026(m)(4)(ii)(A).                           1926.1126(k)(4)(ii)(A)
                                       1910.1028(k)(2)(ii)(A).                           1926.1127(d)(2)(iv)
                                       1910.1030(h)(1)(ii)(A).                           1926.1153(j)(3)(ii)(A)
                                       1910.1043(k)(2)(ii)(A).
                                       1910.1044(p)(2)(ii)(a).
                                       1910.1047(k)(3)(ii)(A).
                                       1910.1048(o)(3)(i).....
                                       1910.1048(o)(4)(ii)(D).
                                       1910.1050(n)(5)(ii)(A).
                                       1910.1051(m)(4)(ii)(A).
                                       1910.1053(k)(3)(ii)(A).
social security numbers,.............  1910.1043(k)(1)(ii)(C).
                                       1910.1048(o)(1)(vi)....
social security number,..............  1910.1028(k)(1)(ii)(D).
                                       1910.1050(n)(3)(ii)(D).
                                       1910.1052(m)(2)(ii)(F).
                                       1910.1052(m)(2)(iii)(C)
social security number...............  1910.1001(m)(1)(ii)(F).
                                       1910.1047(k)(2)(ii)(F).
                                       1910.1050(n)(4)(ii)(A).
                                       1910.1051(m)(2)(ii)(F).
                                       1910.1052(m)(3)(ii)(A).
social security number,..............  1910.1018(q)(1)(ii)(D).  1915.1001(n)(2)(ii)(F).  1926.60(o)(4)(ii)(F)
                                       1910.1018(q)(2)(ii)(A).  1915.1026(k)(1)(ii)(F).  1926.62(n)(1)(ii)(D)
                                       1910.1025(n)(1)(ii)(D).                           1926.62(n)(2)(ii)(A)
                                       1910.1025(n)(2)(ii)(A).                           1926.1101(n)(2)(ii)(F)
                                       1910.1026(m)(1)(ii)(F).                           1926.1126(k)(1)(ii)(F)
                                       1910.1027(n)(1)(ii)(B).                           1926.1127(n)(1)(ii)(B)
                                       1910.1027(n)(3)(ii)(A).                           1926.1127(n)(3)(ii)(A)
                                       1910.1029(m)(1)(i)(a)..                           1926.1153(j)(1)(ii)(G)
                                       1910.1029(m)(2)(i)(a)..
                                       1910.1044(p)(1)(ii)(d).
                                       1910.1045(q)(2)(ii)(D).
                                       1910.1053(k)(1)(ii)(G).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-19454 Filed 10-3-16; 8:45 am]
 BILLING CODE 4510-26-P