[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40304-40305]
[FR Doc No: 2018-17364]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-0280]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number: 1625-0045

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0045,
Adequacy Certification for Reception Facilities and Advance Notice--33
CFR part 158, without change. Our ICR describes the information we seek
to collect from the public. Review and comments by OIRA ensure we only
impose paperwork burdens commensurate with our performance of duties.

DATES: Comments must reach the Coast Guard and OIRA on or before
September 13, 2018.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2018-0280] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. Alternatively, you
may submit comments to OIRA using one of the following means:
    (1) Email: [email protected].
    (2) Mail: OIRA, 725 17th Street NW, Washington, DC 20503, attention
Desk Officer for the Coast Guard.
    A copy of the ICR is available through the docket on the internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), ATTN: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE, STOP 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Contact Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection. The Coast Guard invites comments on whether
this ICR should be granted based on the Collection being necessary for
the proper performance of Departmental functions. In particular, the
Coast Guard would appreciate comments addressing: (1) The practical
utility of the Collection; (2) the accuracy of the estimated burden of
the Collection; (3) ways to enhance the quality, utility, and clarity
of information subject to the Collection; and (4) ways to minimize the
burden of the Collection on respondents, including the use of automated
collection techniques or other forms of information technology. These
comments will help OIRA determine whether to approve the ICR referred
to in this Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2018-0280], and must be received by September
13, 2018.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Number: 1625-0045.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (83 FR 24133, May 24, 2018)
required by 44 U.S.C. 3506(c)(2). That Notice elicited no comments.
Accordingly, no changes have been made to the Collections.

Information Collection Request

    Title: Adequacy Certification for Reception Facilities and Advance
Notice--33 CFR part 158.
    OMB Control Number: 1625-0045.
    Summary: This information helps ensure that waterfront facilities
are in compliance with reception facility standards. Advance notice
information from vessels ensures effective management of reception
facilities.
    Need: Section 1905 of Title 33 U.S.C. gives the Coast Guard the
authority to certify the adequacy of reception facilities in ports.
Reception facilities are needed to receive waste from ships which may
not discharge at sea. Under these regulations in 33 CFR part 158 there
are discharge limitations for oil and oily waste, noxious liquid
substances, plastics and other garbage.
    Forms: CG-5401, Certificate of Adequacy for Reception Facility; CG-
5401A, Application for Certificate of Adequacy (COA) for Reception
Facilities, Form A; CG-5401B, Application for Certificate of Adequacy
(COA) for Reception Facilities, Form B; CG-5401C, Application for a
Reception Facility Certificate of Adequacy for Garbage Form C; CG-
5401D, Application for a Reception Facility Certificate of Adequacy for
Ozone Depletion Substances and Exhaust Gas Cleaning System Residue Form
D.
    Respondents: Owners and operators of reception facilities, and
owners and operators of vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has decreased from 4,997
hours to 4,825 hours a year due to a decrease in the estimated annual
number of respondents.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended.

    Dated: July 31, 2018.
James D. Roppel,
U.S. Coast Guard, Acting Chief, Office of Information Management.
[FR Doc. 2018-17364 Filed 8-13-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: March 26, 2009 (Volume 74, Number 57)]
[Rules and Regulations]
[Page 13116-13118]
[DOCID:fr26mr09-17]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0069]

Drawbridge Operation Regulation; Gulf Intracoastal Waterway
(Algiers Alternate Route), Belle Chasse, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for
comments.

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SUMMARY: The Commander, Eighth Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
SR 23 bridge across the Gulf Intracoastal

Waterway (Algiers Alternate Route), mile 3.8, at Belle Chasse,
Plaquemines Parish, Louisiana. This deviation will test a change to the
drawbridge operation schedule to determine whether a permanent change
to the schedule is needed. This test deviation will allow the draw to
open on signal; except that, the draw need not be opened for the
passage of vessels from 6 a.m. to 8:30 a.m. and from 3:30 p.m. to 7
p.m. Monday through Friday, except Federal holidays.

DATES: This deviation is effective from April 10, 2009 until May 11,
2009.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0069 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call David Frank, Bridge Administration Branch, telephone (504)
671-2128. If you have questions on viewing or submitting material to
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking USCG-2008-0069, indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 81/2 by 11 inches, suitable for copying
and electronic filing. If you submit them by mail and would like to
know that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking USCG-2008-0069 in the Docket ID box, and click
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.

Background and Purpose

    Plaquemines Parish has requested that a regulation regarding the
operation of the SR 23 bridge across the Gulf Intracoastal Waterway
(Algiers Alternate Route), mile 3.8, at Belle Chasse, Plaquemines
Parish, Louisiana to allow for the bridge to remain in the closed-to-
navigation for an additional 90 minutes in the afternoon to facilitate
the movement of vehicular traffic. Presently, the draw need not open
for the passage of vessels in the afternoon from 3:30 p.m. until 5:30
p.m. The request from Plaquemines Parish is to add an additional 90
minutes to the closure in the afternoon so that the draw need not open
for the passage of vessels from 3:30 p.m. until 7 p.m. The Louisiana
Department of Transportation and Development has reviewed their bridge
tender logs and have estimated that the change in the schedule affects
an average of two vessels. It should be noted that the vertical
clearance of the bridge in the closed-to-navigation position is 40 feet
above mean high water in the closed-to-navigation position so only
vessels with vertical clearance requirements of more than 40 feet will
be affected by the proposed change.
    This bridge currently opens on signal; except that, from 6 a.m. to
8:30 a.m. and from 3:30 p.m. to 5:30 p.m. Monday through Friday, except
Federal holidays, the draw need not be opened for the passage of
vessels. Plaquemines Parish has requested that the bridge remain closed
an additional 90 minutes in the afternoon, until 7 p.m. in the evening
to minimize the delays to traffic caused by the opening of the bridge.
A recent traffic study indicates that between 1500 and 2000 vehicles
per hour cross the bridge during weekday afternoons. When the bridge
opens for the passage of a vessel at 5:30 p.m., traffic may back up for
more than two miles. As SR 23 is the main highway into and out of
Plaquemines Parish, the traffic backup severely hampers the ability of
emergency responders to transit in the area. Plaquemines Parish Office
of Emergency Management has indicated that the increase in times in the
afternoon will allow for most of the traffic to clear out of the area.
They believe that the request will only cause a minor increase in
delays for vessels wishing to use the area. An alternate route via the
Harvey Canal is available for vessels with vertical clearances of
greater than 40 feet if they do not wish to be delayed.
    During this test deviation, a count of the delayed vessels during
the closure periods will be taken to ensure a future regulation will
not have a significant impact on navigation. This test deviation has
been coordinated with the main commercial waterway user group that has
vessels transiting in this area, and currently there is no expectation
of any significant impacts on navigation.
    The deviation period will be from April 10, 2009 until May 11,
2009, and the operating schedule is, the draw shall open on signal;
except that, the draw need not be opened from 6 a.m. to 8:30 a.m., and
from 3:30 p.m. to 7 p.m.,

Monday through Friday except Federal holidays.
    A Notice of Proposed Rule Making, USCG-2008-1158, is being issued
in conjunction with this Temporary Deviation to obtain public comments.
The Notice of Proposed Rule Making will be in effect for two months
from March 26, 2009 until May 26, 2009. The Coast Guard will evaluate
public comments from this Temporary Deviation and the above referenced
Notice of Proposed Rule Making to determine if a permanent change to
the drawbridge operating regulation at 33 CFR 117.451(b) is warranted.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: March 9, 2009.
David M. Frank,
Bridge Administrator.
 [FR Doc. E9-6689 Filed 3-25-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Notices]
[Pages 56846-56847]
[FR Doc No: 2012-22660]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0937]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Clinical Laboratory Improvement Amendments of 1988
Waiver Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on collections of information
associated with Clinical Laboratory Improvement Amendments of 1988
waiver applications.

DATES: Submit either electronic or written comments on the collection
of information by November 13, 2012.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Clinical Laboratory Improvement Amendments Waiver Applications--(OMB
Control Number 0910-0598)--Extension

    Congress passed the Clinical Laboratory Improvement Amendments
(CLIA) (Pub. L. 100-578) in 1988 to establish quality standards for all
laboratory testing. The purpose was to ensure the accuracy,
reliability, and timeliness of patient test results regardless of where
the test took place. CLIA requires that clinical laboratories obtain a
certificate from the Secretary of Health and Human Services (the
Secretary), before accepting materials derived from the human body for
laboratory tests (42 U.S.C. 263a(b)). Laboratories that perform only
tests that are ``simple'' and that have an ``insignificant risk of an
erroneous result'' may obtain a certificate of waiver (42 U.S.C.
263a(d)(2)). The Secretary has delegated to FDA the authority to
determine whether particular tests (waived tests) are ``simple'' and
have ``an insignificant risk of an erroneous result'' under CLIA (69 FR
22849, April 27, 2004).
    On January 30, 2008, FDA published a guidance document entitled
``Guidance for Industry and FDA Staff: Recommendations for Clinical
Laboratory Improvement Amendments of 1988 (CLIA) Waiver Applications
for Manufacturers of In Vitro Diagnostic Devices'' (http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/ucm079632.htm). This guidance document describes recommendations for
device manufacturers submitting to FDA an application for determination
that a cleared or approved device meets this CLIA standard (CLIA waiver
application). The guidance recommends that CLIA waiver applications
include a description of the features of the device that make it
``simple''; a report describing a hazard analysis that identifies
potential sources of error, including a summary of the design and
results of flex studies and conclusions drawn from the flex studies; a
description of fail-safe and failure alert mechanisms and a description
of the studies validating these mechanisms; a description of clinical
tests that demonstrate the accuracy of the test in the hands of
intended operators; and statistical analyses of clinical study results.
    The total number of reporting and recordkeeping hours is 143,200
hours. FDA bases the burden on an Agency analysis of premarket
submissions with clinical trials similar to the waived laboratory
tests. Based on previous years' experience with CLIA waiver
applications, FDA expects 40 manufacturers to submit one CLIA waiver
application per year. The time required to prepare and submit a waiver
application, including the time needed to assemble supporting data,
averages 780 hours per waiver application for a total of 31,200 hours
for reporting.
    Based on previous years' experience with CLIA waiver applications,
FDA expects that each manufacturer will spend 2,800 hours creating and
maintaining the record for a total of 112,000 hours. The total
operating and maintenance cost associated with the waiver application
is estimated at $66,200. The cost consists of specimen collection for
the clinical study (estimated $23,500); laboratory supplies, reference
testing and study oversight (estimated $26,700); shipping and office
supplies (estimated $6,000); and educational materials, including quick
reference instructions (estimated $10,000).
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
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                                                                        Number of                                                        Total operating
                     Activity                          Number of      responses per     Total annual    Average burden    Total hours    and maintenance
                                                      respondents       respondent       responses       per response                         costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
CLIA waiver application...........................              40                1               40              780           31,200          $66,200
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\1\ There are no capital costs associated with this collection of information.

                                                     Table 2--Estimated Annual Recordkeeping Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Total
                                                                                operating
                 Activity                       Number of       Number of records     Total annual     Average burden per      Total hours         and
                                              recordkeepers     per recordkeeper         records          recordkeeping                        maintenance
                                                                                costs
--------------------------------------------------------------------------------------------------------------------------------------------- -------------
CLIA waiver records......................                 40                   1                  40               2,800             112,000
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    Dated: August 30, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-22660 Filed 9-13-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: April 3, 2006 (Volume 71, Number 63)]
[Rules and Regulations]
[Page 16669-16675]
[DOCID:fr03ap06-15]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1913, 1915, and 1926

Technical Amendments

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

ACTION: Final rule; corrections and technical amendments.

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SUMMARY: The Department of Labor is conducting an ongoing review of its
regulations to update non-substantive or nomenclature references in the
Code of Federal Regulations (CFR). As part of this review, OSHA has
identified safety and health rules needing correction or technical
amendment. The revisions do not affect the substantive requirements or
coverage of the standards involved, modify or revoke existing rights
and obligations, or establish new rights and obligations. The revisions
include updating references and removing obsolete effective dates and
startup dates from existing Agency standards.

DATES: April 3, 2006.

FOR FURTHER INFORMATION CONTACT: Press inquiries: Kevin Ropp, OSHA

Office of Communications, Room N-3647, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-
1999. General and technical information: Michael Seymour, OSHA
Directorate of Standards and Guidance, Room N-3718, U.S. Department of
Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone:
(202) 693-1950. For additional copies of this Federal Register notice,
contact the Office of Publications, OSHA, U.S. Department of Labor,
Room N-3101, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone:<PHONE_NUMBER>. Electronic copies of this Federal Register
notice, as well as news releases and other relevant documents, are
available at OSHA's Web site on the Internet at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor's strategic outcome goal 4.2 measures the
Department's success in creating a regulatory structure that promotes
compliance flexibility and reduces regulatory burdens. As part of this
strategic goal, the Department of Labor is conducting an on-going
review of its regulations to update non-substantive or nomenclature
references in the Code of Federal Regulations (CFR). The Department is
also publishing in the Federal Register a notice amending references in
Employment Standards Administration and Mine Safety and Health
Administration standards.
    As part of this effort, OSHA, in reviewing its regulations, has
found some errors, some incorrect references and some obsolete
provisions. In this corrections and technical amendments document, OSHA
is addressing those items. OSHA has made similar technical revisions in
the past to correct errors. OSHA believes that this action will
increase employee protection and facilitate employer compliance by
improving employer and employee understanding of the affected
provisions.
    The revisions do not affect the substantive requirements or
coverage of the standards involved, modify or revoke existing rights
and obligations, or establish new rights and obligations. Therefore,
the Agency has determined that these revisions do not require notice-
and-comment rulemaking. The rule does not change employers' compliance
costs. Employers, for example, are not required to purchase new
equipment or acquire additional skills or expertise. Accordingly, OSHA
concludes that no economic or regulatory flexibility analysis of this
rule is necessary and certifies that the rule will not have a
significant impact on a substantial number of small entities. Because
this final rule does not affect the substantive requirements of the
standards, the Department of Labor has determined that delaying the
effective date of the rule is unnecessary and good cause exists under 5
U.S.C. 553 (b)(3) to make this rule effective immediately upon
publication in the Federal Register.

II. Summary and Explanation

    With this rulemaking, OSHA is revising the following standards and
regulations:

A. Effective Dates and Startup Dates

    In the safety standards for general industry (29 CFR part 1910),
paragraph (a)(2) of Sec.  1910.178 (``Powered industrial trucks'')
refers to effective dates specified in paragraph (b) of former Sec.
1910.182 (``Effective dates''). OSHA removed Sec.  1910.182 during an
earlier rulemaking, making this reference obsolete. (See 61 FR 9227.)
Therefore, the Agency is removing the reference to Sec.  1910.182(b)
from Sec.  1910.178(a)(2).
    Several additional safety standards for general industry have
provisions that contain references to expired effective dates,
including: Sec.  1910.266 (``Logging operations''), the entry entitled
``j. Effective date'' in the table of contents listed in paragraph (a),
as well as paragraph (j) (``Effective date''); and the single-sentence
standard, Sec.  1910.441 (``Effective date''), that specifies the
effective date for the general-industry diving standards in subpart T
(``Commercial Diving Operations''). Accordingly, OSHA is removing: the
entry ``j. Effective date'' in paragraph (a), as well as paragraph (j),
from Sec.  1910.266; and the one-sentence standard, Sec.  1910.441,
from subpart T.
    The Agency notes that a number of provisions among OSHA's
substance-specific standards for general industry (part 1910) contain
expired effective dates and/or startup dates, including: Paragraph (p)
of Sec.  1910.95 (``Occupational noise exposure''); paragraph (n) of
Sec.  1910.134 (``Respiratory protection''); paragraph (f) of Sec.
1910.1000 (``Air contaminants''); paragraph (o) of Sec.  1910.1001
(``Asbestos''); paragraph (o) of Sec.  1910.1017 (``Vinyl chloride'');
paragraphs (s) and (u) of Sec.  1910.1018 (``Inorganic arsenic'');
paragraphs (p) and (r), and Section XIV (``Effective Date--Paragraph
(P)'') of Appendix B (``Employee Standard Summary'') of Sec.  1910.1025
(``Lead''); paragraph (m) of Sec.  1910.1028 (``Benzene''); paragraph
(o) of Sec.  1910.1029 (``Coke oven emissions''); paragraphs
(g)(2)(ii)(B) and (g)(2)(iii) of Sec.  1910.1030 (``Bloodborne
pathogens''); paragraph (m) of Sec.  1910.1043 (``Cotton dust'');
paragraph (s) of Sec.  1910.1045 (``Acrylonitrile''); paragraph (m) of
Sec.  1910.1047 (``Ethylene oxide''); paragraph (p) of Sec.  1910.1048
(``Formaldehyde''); paragraphs (p) and (r) of Sec.  1910.1050
(``Methylenedianiline''); paragraph (n) of Sec.  1910.1051 (``1,3-
Butadiene''); paragraph (n) of Sec.  1910.1052 (``Methylene
chloride''); and paragraph (k) of Sec.  1910.1450 (``Occupational
exposure to hazardous chemicals in laboratories''). The Agency is
removing these provisions from the respective standards because the
effective and/or startup dates they contain in the standards are now
fully effective and are no longer relevant for pending enforcement
cases.
    In part 1913 (``Rules of Agency Practice and Procedure Concerning
OSHA Access to Employee Medical Records''), paragraph (n) of Sec.
1913.10 (``Rules of agency practice and procedure concerning OSHA
access to employee medical records'') specifies an effective date that
expired over 20 years ago. Accordingly, the Agency is removing
paragraph (n) from Sec.  1913.10.
    Among the standards for shipyard employment (part 1915), paragraph
(q) of Sec.  1915.1001 (``Asbestos'') specifies an effective date and
startup dates. These provisions of this standard are now fully
effective, so OSHA is removing paragraph (q) from Sec.  1915.1001.
    The Agency also finds that the following provisions of part 1926
(``Safety and Health Regulations for Construction'') contain expired
effective dates and/or startup dates: paragraphs (q) and (s) of Sec.
1926.60 (``Methylenedianiline''), paragraphs (p) and (r), and Section
XIV (``Effective Date--Paragraph (P)'') of Appendix B (``Employee
Standard Summary'') of Sec.  1926.62 (``Lead''); paragraph (q) of Sec.
1926.1101 (``Asbestos''); and paragraph (p) of Sec.  1926.1127
(``Cadmium''). With this rulemaking, OSHA is removing these paragraphs
from the respective standards.
    Subpart Y (``Diving'') of part 1926 contains a standard, Sec.
1926.1092 (``Effective date''), that refers to an obsolete general
industry standard (Sec.  1910.441; ``Effective date''). Accordingly,
the Agency is removing Sec.  1926.1092 from the diving standards for
the construction industry.
    A number of provisions in parts 1910, 1915, and 1926 refer to the
effective date of a standard as a number of days after the date of
publication in the Federal Register and not to a specific month,

day, and year. In this rulemaking, OSHA is also removing expired
effective dates in this form.

B. References to Former Sec.  1910.20 (``Access to Employee Exposure
and Medical Records'')

    In an earlier rulemaking (see 61 FR 9227), OSHA revised the
designation of former Sec.  1910.20 to Sec.  1910.1020. However, this
previous rulemaking did not revise references to Sec.  1910.20
contained in various (usually recordkeeping) provisions of a number its
standards and regulations.
    For each of the following paragraphs in parts 1910 (``Occupational
Safety and Health Standards'') and 1913 (``Rules of Agency Practice and
Procedure Concerning OSHA Access to Employee Medical Records''), OSHA
is removing the reference to Sec.  1910.20 and replacing it with a
reference to the new designation, Sec.  1910.1020: Sec.  1910.95
(``Occupational noise exposure''), paragraph (m)(4); Sec.  1910.120
(``Hazardous waste operations and emergency response''), paragraph
(f)(8)(i); Sec.  1910.440 (``Recordkeeping requirements''), paragraph
(b)(2); Sec.  1910.1001 (``Asbestos''), paragraphs (m)(3)(i),
(m)(3)(iii), (m)(5)(ii), (m)(5)(iii), and (m)(6)(i); Sec.  1910.1003
(``13 Carcinogens (4-nitrobiphenyl, etc.''), paragraph (g)(2)(ii);
Sec.  1910.1017 (``Vinyl chloride''), paragraphs (m)(2) and (m)(3);
Sec.  1910.1018 (``Inorganic arsenic''), paragraphs (q)(3)(ii) and
(q)(4)(iv); Sec.  1910.1025 (``Lead''), paragraphs (n)(4)(ii) and
(n)(5)(iv); Sec.  1910.1027 (``Cadmium''), paragraphs (m)(4)(iii)(H),
(n)(1)(iii), (n)(3)(iii), (n)(5)(i), and (n)(6); Sec.  1910.1029
(``Coke oven emissions''), paragraphs (m)(3)(ii) and (m)(4)(iv); Sec.
1910.1030 (``Bloodborne pathogens''), paragraphs (h)(1)(i), (h)(1)(iv),
(h)(3)(iii), and (h)(4)(i); Sec.  1910.1043 (``Cotton dust''),
paragraphs (k)(3)(ii) and (k)(4)(iv); Sec.  1910.1044 (``1,2-Dibromo-3-
chloropropane''), paragraphs (p)(3)(ii) and (p)(4)(iv); Sec.  1910.1045
(``Acrylonitrile''), paragraphs (q)(4)(ii) and (q)(5)(iv); Sec.
1910.1047 (``Ethylene oxide''), paragraphs (k)(2)(iii), (k)(3)(i),
(k)(3)(iii), (k)(4)(ii), (k)(4)(iii), and (k)(5)(i); Sec.  1910.1048
(``Formaldehyde''), paragraphs (o)(6)(ii) and (o)(6)(iii); Sec.
1910.1050 (``Methylenedianiline''), paragraphs (n)(3)(i), (n)(3)(iii),
(n)(4)(i), (n)(4)(iv), (n)(6)(ii), (n)(6)(iii), and (n)(7)(i); Sec.
1910.1051 (``1,3-Butadiene''), paragraphs (m)(2)(iii), (m)(4)(iii),
(m)(5)(ii), and (m)(6)(ii); and Sec.  1913.10 (``Rules of agency
practice and procedure concerning OSHA access to employee medical
records''), paragraphs (b)(1), (b)(3), (b)(4), (d)(4)(i), and (e)(3).
    OSHA is also revising the reference to Sec.  1910.20 in several
paragraphs of part 1915 (``Occupational Safety and Health Standards for
Shipyard Employment''). These paragraphs are: Sec.  1915.1001
(Asbestos), paragraphs (n)(2)(iii), (n)(3)(i), (n)(3)(iii), (n)(7)(ii),
(n)(7)(iii), and (n)(8)(i).
    A number of paragraphs in part 1926 (``Safety and Health
Regulations for Construction'') also refer incorrectly to Sec.
1910.20. Therefore, the Agency is revising these paragraphs to refer
instead to Sec.  1926.33, the construction standard that regulates
access to employee exposure and medical records: Sec.  1926.60
(``Methylenedianiline''), paragraphs (o)(4)(iii), (o)(5)(i),
(o)(5)(iii), (o)(7)(ii), (o)(7)(iii), and (o)(8)(i); Sec.  1926.62
(``Lead''), paragraphs (n)(1)(iii), (n)(2)(iv), and (n)(6)(iv); Sec.
1926.800 (``Underground construction''), paragraph (j)(3); and Sec.
1926.1101 (``asbestos''), paragraphs (n)(2)(iii), (n)(3)(i),
(n)(3)(iii), (n)(7)(ii), (n)(7)(iii), and (n)(8)(i).

C. Removal or Correction of Other Outdated Provisions and References

1. Access to Employee Exposure and Medical Records (Sec.  1910.1020)
    One of the trade-secret provisions of this standard, paragraph
(f)(4)(v), specifies that health professionals, employees, or
designated representatives who request access to trade-secret
information from an employer must ``agree not to release the
information * * * other than to OSHA, as provided in paragraph (f)(9)
of this section * * *.'' However, paragraph (f)(9) addresses how the
requesting party can obtain redress from OSHA if an employer denies
access to trade-secret information, while paragraph (f)(7) of the
standard discusses releasing trade-secret information to the Agency if
the requesting party decides that a need to do so exists. Therefore,
paragraph (f)(4)(v) of the standard should refer to paragraph (f)(7),
not paragraph (f)(9), when addressing the release of trade-secret
information to OSHA. By this rulemaking, the Agency is correcting this
reference.
2. Cadmium (Sec.  1910.1027 and Sec.  1926.1127)
    Paragraph (q)(1) in each of OSHA's cadmium standards contains a
reference to Appendix C. The Agency deleted Appendix C during an
earlier rulemaking (see 63 FR 1152); therefore, it is removing existing
paragraph (q)(1) from these standards.
3. Benzene (Sec.  1910.1028)
    The last sentence in paragraph (n) of this standard states, ``The
protocols for respiratory fit testing in Appendix E of this section are
mandatory.'' However, the Agency removed Appendix E from this standard
in a previous rulemaking (see 63 FR 1152). Therefore, OSHA is deleting
this entire sentence from paragraph (n) of the standard.
4. Formaldehyde (Sec.  1910.1048)
    Appendix A of the formaldehyde standard refers to Appendix E in the
last sentence of the paragraph designated ``Respiratory Protection'' in
the section titled ``Protective Equipment and Clothing.'' However, the
Agency removed Appendix E from this standard in a previous rulemaking
(see 63 FR 1152). Therefore, OSHA is deleting the reference to Appendix
E from this paragraph and section of Appendix A.
5. Methylenedianiline (Sec.  1910.1050 and Sec.  1926.60)
    Paragraph (f)(8)(iii) of Sec.  1926.60 reads, ``Maintain records of
the corrective actions in accordance with paragraph (n) of this
section.'' The reference paragraph in this provision should be
paragraph (o) (``Recordkeeping''), not paragraph (n) (``Medical
surveillance''). The Agency is revising the provision accordingly.
    The last sentence in paragraph (q) of Sec.  1910.1050 and paragraph
(r) of Sec.  1926.60 states, ``The protocols for respiratory fit
testing in appendix E of this section are mandatory.'' However, the
Agency removed Appendix E from both these standards in a previous
rulemaking (see 63 FR 1296). Therefore, OSHA is deleting this entire
sentence from paragraphs (q) and (r), respectively, of these standards.
6. 1,3-Butadiene (Sec.  1910.1051)
    Paragraph (n) contains effective and start-up dates. The Agency is
removing paragraph (n) from this standard because the start-up dates
have expired. However, one start-up date is still current, paragraph
(n)(2)(i), which requires employers to conduct initial monitoring
within 60 days of introducing 1,3-Butadiene (BD) into the workplace.
OSHA is preserving this requirement by adding a sentence to paragraph
(d)(2)(i) that reads: ``The initial monitoring required under this
paragraph shall be completed within 60 days of the introduction of BD
into the workplace.''
7. Lead (Sec.  1926.62)
    Paragraph (d)(2)(v)(F) of this standard specifies that, until
employers perform exposure assessments according to

paragraph (d) of the standard, they must provide designated employees
with interim protection, including ``training as required by paragraph
(l)(2)(ii)(C) of this section, regarding the use of respirators[.]''
However, paragraph (l)(2)(iii) of this standard regulates training for
the proper selection, fitting, use, and limitations of respirator use
and there is no paragraph (l)(2)(ii)(C). Accordingly, the Agency is
removing the reference to paragraph (l)(2)(ii)(C) in paragraph
(d)(2)(v)(F) of the standard and replacing it with a reference to the
correct reference, paragraph (l)(2)(iii) of the standard.
8. Structural Steel Assembly (Sec.  1926.754)
    Section 1926.754 (c)(2), Slip resistance of metal decking, is a
reserved section that has no text and therefore is being removed.

III. Authority

    Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 651, 655, and 657); Section 41 of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941);
Section 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 3704); Secretary of Labor's Order 5-2002 (67 FR 65008); 29
CFR part 1911; and the Administrative Procedures Act (5 U.S.C 553).

    Jonathan L. Snare, Acting Assistant Secretary of Labor, U.S.
Department of Labor, 200 Constitution Ave, NW., Washington, DC 20210
directed the preparation of this notice.

    Signed at Washington, DC, this 3rd day of March, 2006.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.

List of Subjects

29 CFR Part 1910

    Airborne lead; Blood lead; Blood-lead analysis; Coke-oven
emissions; Construction; Effective date; Employee information; Exposure
record; Fit-testing record; Formaldehyde; Initial exposure monitoring;
Medical record; Methylenedianiline; Part 1910, Index; Recordkeeping;
Respirators; Respiratory protection; Respirator training; Respirator
selection; Startup date; Trade-secret information; 1,3-Butadiene; 13
Carcinogens.

29 CFR Part 1913

    Record access; Effective date; Exposure record; Medical record;
Startup date; Privacy.

29 CFR Part 1915

    Asbestos; Effective date; Exposure record; Medical record;
Respirators; Respiratory protection; Shipyards; Startup date.

29 CFR Part 1926

    Airborne lead; Blood lead; Coke oven emissions; Construction;
Effective date; Exposure record; Lead exposure; Medical record;
Methylenedianiline; Recordkeeping; Respirator training; Startup date.

Amendments to Standards

0
In accordance with Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, and 657), Section 41 of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941), Section
107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
3704), the Administrative Procedures Act (5 U.S.C. 553(b)(3)(B)),
Secretary of Labor's Order No. 5-2002 (67 FR 65008), and 29 CFR 1911 as
applicable, the Agency corrects 29 CFR parts 1908, 1910, 1913, 1915,
1917, 1918, and 1926 by making the following corrections and technical
amendments:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Part 1910 [Nomenclature change]

0
1. In 29 CFR part 1910, remove the reference ``Sec.  1910.20'' and add,
in its place, the reference ``Sec.  1910.1020'' in the following
paragraphs:
0
a. Sec.  1910.95(m)(4)
0
b. Sec.  1910.120(f)(8)(i)
0
c. Sec.  1910.440(b)(2)
0
d. Sec.  1910.1001(m)(3)(i), (m)(3)(iii), (m)(5)(ii), (m)(5)(iii), and
(m)(6)(i)
0
e. Sec.  1910.1003(g)(2)(ii)
0
f. Sec.  1910.1017(m)(2) introductory text and (m)(3)
0
g. Sec.  1910.1018(q)(3)(ii) and (q)(4)(iv)
0
h. Sec.  1910.1025(n)(4)(ii) and (n)(5)(iv)
0
i. Sec.  1910.1027(m)(4)(iii)(H), (n)(1)(iii), (n)(3)(iii), (n)(5)(i),
and (n)(6)
0
j. Sec.  1910.1029(m)(3)(ii) and (m)(4)(iv)
0
k. Sec.  1910.1030(h)(1)(i), (h)(1)(iv), (h)(3)(iii), and (h)(4)(i)
0
l. Sec.  1910.1043(k)(3)(ii) and (k)(4)(iv)
0
m. Sec.  1910.1044(p)(3)(ii) and (p)(4)(iv)
0
n. Sec.  1910.1045(q)(4)(ii) and (q)(5)(iv)
0
o. Sec.  1910.1047(k)(2)(iii), (k)(3)(i), (k)(3)(iii), (k)(4)(ii),
(k)(4)(iii), and (k)(5)(i)
0
p. Sec.  1910.1048(o)(6)(ii) and (o)(6)(iii)
0
q. Sec.  1910.1050(n)(3)(i), (n)(3)(iii), (n)(4)(i), (n)(4)(iv),
(n)(6)(ii), (n)(6)(iii), and (n)(7)(i)
0
r. Sec.  1910.1051(m)(2)(iii), (m)(4)(iii), (m)(5)(ii), and (m)(6)(ii)

Subpart G--Occupational Health and Environmental Control

0
2. The authority citation for 29 CFR part 1910 subpart G is revised to
read as follows:

    Authority: Secs. 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 5-2002 (67 FR 50017) as applicable; and 29 CFR part 1911.

Sec.  1910.95  [Amended]

0
3. In Sec.  1910.95, paragraph (p) is removed.

Subpart I--Personal Protective Equipment

0
4. In 29 CFR part 1910, the authority citation for subpart I is revised
to read as follows:

    Authority: Secs. 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 5-2002 (67 FR 65008) as applicable; and 29 CFR part 1911.
    Sec. Sec.  1910.132, 1910.134, and 1910.136 also issued under 29
CFR part 1911.
    Sec. Sec.  1910.133, 1910.135, and 1910.136 also issued under 29
CFR part 1911 and 5 U.S.C. 553.

Sec.  1910.134  [Amended]

0
5. In Sec.  1910.134, paragraph (n) is removed and reserved.

Subpart N--Materials Handling and Storage

0
6. In 29 CFR part 1910, the authority citation for subpart N is revised
to read as follows:

    Authority: Secs. 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 5-2002 (67 FR 65008) as applicable; and 29 CFR part 1911.
    Sec. Sec.  1910.176, 1910.177, 1910.178, 1910.179, 1910.180,
1910.181, and 1910.184 also issued under 29 CFR part 1911.

0
7. In Sec.  1910.178, paragraph (a)(2) is revised to read as follows:

Sec.  1910.178  Powered industrial trucks.

    (a) * * *
    (2) All new powered industrial trucks acquired and used by an
employer shall meet the design and construction requirements for
powered industrial trucks established in the ``American National
Standard for Powered Industrial Trucks, Part II, ANSI B56.1-1969'',
which is incorporated by reference as specified in Sec.  1910.6, except
for vehicles intended primarily for earth moving or over-the-road
hauling.
* * * * *

Subpart R--Special Industries

0
8. The authority citation for 29 CFR Part 1910 subpart R is revised to
read as follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 6-96 (62 FR 111), 3-2000 (65 FR 50017), or 5-2002 (67 FR
65008) as applicable; and 29 CFR part 1911.

Sec.  1910.266  [Amended]

0
9. In Sec.  1910.266, paragraph (a), Table of Contents, the entry ``j.
Effective date'' is removed, the entry ``k. Appendices'' is
redesignated ``j. Appendices'', and the text of paragraph (j) is
removed and paragraph (k) is redesignated as paragraph (j).
* * * * *

Subpart T--Commercial Diving Operations

0
10. The authority citation for 29 CFR part 1910 subpart T is revised to
read as follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, and 657); Sec. 107, Contract
Work Hours and Safety Standards Act (the Construction Safety Act)
(40 U.S.C. 333); Sec. 41, Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 941); Secretary of Labor's Order No. 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 3-2000 (65 FR 50017),
or 5-2002 (67 FR 65008) as applicable; 29 CFR part 1911.

Sec.  1910.441  [Removed]

0
11. Remove Sec.  1910.441.

Subpart Z--Toxic and Hazardous Substances

0
12. The authority citation for 29 CFR part 1910 subpart Z is revised 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 5-2002 (67 FR 65008) as applicable; and 29 CFR part 1911.
    All of subpart Z issued under section 6(b) of the Occupational
Safety and Health Act, 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)).
    Sec.  1910.1000, Tables Z-1, Z-2 and Z-3 also issued under 5
U.S.C. 553, Sec.  1910.1000 Tables Z-1, Z-2, and Z-3 not issued
under 29 CFR part 1911 except for the arsenic (organic compounds),
benzene, and cotton dust listings.
    Sec.  1910.1001 also issued under section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 333) and 5 U.S.C.
553.
    Sec.  1910.1002 not issued under 29 U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 553.
    Sec.  1910.1018, 1910.1029, and 1910.1200 are also issued under
29 U.S.C. 653.

Sec.  1910.1000  [Amended]

0
13. In Sec.  1910.1000, paragraph (f) is removed.

Sec.  1910.1001  [Amended]

0
14. In Sec.  1910.1001, paragraph (o) is removed, and paragraph (p) is
redesignated paragraph (o).

Sec.  1910.1017  [Amended]

0
15. In Sec.  1910.1017, paragraph (o) is removed.

Sec.  1910.1018  [Amended]

0
16. In Sec.  1910.1018, paragraph (s) is removed, and paragraph (t) is
redesignated paragraph (s) and paragraph (u) is removed.

Sec.  1910.1020  [Amended]

0
17. In Sec.  1910.1020, paragraph (f)(4)(v), remove the reference
``paragraph (f)(9)'' and add in its place, the reference ``paragraph
(f)(7)''.

Sec.  1910.1025  [Amended]

0
18. In Sec.  1910.1025, paragraphs (p) and (r) are removed, and
paragraph (q) is redesignated as paragraph (p).

0
19. In Sec.  1910.1025, Appendix B, section XIV. EFFECTIVE DATE--
PARAGRAPH (p) is removed and section XV is redesignated section XIV.

Sec.  1910.1027  [Amended]

0
20. In Sec.  1910.1027, paragraph (q) is revised to read as follows:

Sec.  1910.1027  Cadmium.

* * * * *
    (q) Appendices. Except where portions of appendices A, B, D, E, and
F to this section are expressly incorporated in requirements of this
section, these appendices are purely informational and are not intended
to create any additional obligations not otherwise imposed or to
detract from any existing obligations.
* * * * *

Sec.  1910.1028  [Amended]

0
21. In Sec.  1910.1028, paragraph (m) is removed and reserved, and
paragraph (n) is revised to read as follows:

Sec.  1910.1028  Benzene.

* * * * *
    (n) Appendices. The information contained in Appendices A, B, C,
and D is not intended, by itself, to create any additional obligations
not otherwise imposed or to detract from any existing obligations.
* * * * *

Sec.  1910.1029  [Amended]

0
22. In Sec.  1910.1029, paragraph (o) is removed and reserved.

Sec.  1910.1030  [Amended]

0
23. In Sec.  1910.1030, paragraph (g)(2)(ii)(B) is removed, and
paragraph (g)(2)(ii)(C) is redesignated paragraph (g)(2)(ii)(B), and
paragraph (g)(2)(iii) is removed and reserved.

Sec.  1910.1043  [Amended]

0
24. In Sec.  1910.1043, paragraph (m) is removed, and paragraphs (n)
and (o) are redesignated paragraphs (m) and (n), respectively.

Sec.  1910.1045  [Amended]

0
25. In Sec.  1910.1045, paragraph (s) is removed and reserved.

Sec.  1910.1047  [Amended]

0
26. In Sec.  1910.1047, paragraph (m) is removed and reserved.

Sec.  1910.1048  [Amended]

0
27. In Sec.  1910.1048, paragraph (p) is removed.

0
28. In Sec.  1910.1048, Appendix A, the section entitled ``Protective
Equipment and Clothing'', second paragraph entitled ``Respiratory
Protection:'' is revised to read as follows:

Sec.  1910.1048  Formaldehyde.

* * * * *

Appendix A to Sec.  1910.1048--Substance Technical Guidelines for
Formalin

* * * * *
    Respiratory Protection: Use NIOSH-approved full facepiece
negative pressure respirators equipped with approved cartridges or
canisters within the use limitations of these devices. (Present
restrictions on cartridges and canisters do not permit them to be
used for a full workshift.) In all other situations, use positive
pressure respirators such as the positive-pressure air purifying
respirator or the self-contained breathing apparatus (SCBA). If you
use a negative pressure respirator, your employer must provide you
with fit testing of the respirator at least once a year.
* * * * *

Sec.  1910.1050  [Amended]

0
29. In Sec.  1910.1050, paragraph (p) is removed and reserved,
paragraph (q) is revised to read as set forth below, and paragraph (r)
is removed.

Sec.  1910.1050  Methylenedianiline.

* * * * *

    (q) Appendices. The information contained in Appendices A, B, C,
and D of this section is not intended, by itself, to create any
additional obligations not otherwise imposed by this standard nor
detract from any existing obligation.
* * * * *

Sec.  1910.1051  [Amended]

0
30. In Sec.  1910.1051, paragraph (d)(2)(i) is revised to read as set
forth below, and paragraph (n) is removed and reserved.

Sec.  1910.1051  1,3-Butadiene.

* * * * *
    (d) * * *
    (2) Initial monitoring. (i) Each employer who has a workplace or
work operation covered by this section, shall perform initial
monitoring to determine accurately the airborne concentrations of BD to
which employees may be exposed, or shall rely on objective data
pursuant to paragraph (a)(2)(i) of this section to fulfill this
requirement. The initial monitoring required under this paragraph shall
be completed within 60 days of the introduction of BD into the
workplace.
* * * * *

Sec.  1910.1052  [Amended]

0
31. In Sec.  1910.1052, paragraph (n) is removed and reserved.

Sec.  1910.1450  [Amended]

0
32. In Sec.  1910.1450, paragraph (k) is removed and reserved.

PART 1913--RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING OSHA
ACCESS TO EMPLOYEE MEDICAL RECORDS

0
33. The authority citation for part 1913 is revised to read as follows:

    Authority: Sec. 8, Occupational Safety and Health Act of 1970
(29 U.S.C. 657); Sec. e, Privacy Act (5 U.S.C. 552a(e); 5 U.S.C.
301); Secretary of Labor's Order No. 8-76 (41 FR 25059), or 5-2002
(67 FR 65008) as applicable.

Sec.  1913.10  [Amended]

0
34. Amend Sec.  1913.10 in (b)(1), (b)(3), (b)(4), (d)(4)(i), and
(e)(3) by removing the reference ``Sec.  1910.20'' and adding, in its
place, the reference ``Sec.  1910.1020'', and by removing paragraph
(n).

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

0
35.The authority citation for part 1915 is revised to read as follows:

    Authority: Section 41, Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 941), Secs. 4, 6, and 8, Occupational
Safety and Health Act of 1970 (29 U.S.C. 653,655,657), Secretary of
Labor's Order No. 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 5-2002 (67 FR
65008) as applicable; and 29 CFR part 1911.

Sec.  1915.1001  [Amended]

0
36. Amend Sec.  1915.1001 by removing the reference ``Sec.  1910.20''
and adding, in its place, the reference ``Sec.  1910.1020'' in
paragraphs (n)(2)(iii), (n)(3)(i), (n)(3)(iii), (n)(7)(ii),
(n)(7)(iii), and (n)(8)(i), and by removing paragraph (q).

PART 1926--SAFETY AND HEALTH STANDARDS FOR CONSTRUCTION

Part 1926 [Nomenclature change]

0
37. In 29 CFR part 1926, remove the reference ``Sec.  1910.20'' and
add, in its place, the reference ``Sec.  1926.33'' in the following
places:
0
a. Sec.  1926.60 (o)(4)(iii), (o)(5)(i), (o)(5)(iii), (o)(7)(ii),
(o)(7)(iii), and (o)(8)(i).
0
b. Sec.  1926.62 (n)(1)(iii), (n)(2)(iv), and (n)(6)(iv).
0
c. Sec.  1926.800 (j)(3).
0
d. Sec.  1926.1101 (n)(2)(iii), (n)(3)(i), (n)(3)(iii), (n)(7)(ii),
(n)(7)(iii), and (n)(8)(i).

Subpart D--Occupational Health and Environmental Controls

0
38.The authority citation for 29 CFR part 1926 Subpart D is revised to
read as follows:

    Authority: Sec. 107, Contract Work Hours and Safety Standards
Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6, and 8 of
the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
and 657); Secretary of Labor's 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 5-2002 (67 FR 65008) as applicable;
and 29 CFR part 1911.

Sec.  1926.60  [Amended]

0
39. In Sec.  1926.60 paragraph (f)(8)(iii) is revised, paragraphs (q)
and (s) are removed, and paragraph (r) is redesignated as (q) and
revised to read as follows:

Sec.  1926.60  Methyenedianiline.

* * * * *
    (f) * * *
    (8) * * *
    (iii) Maintain records of the corrective actions in accordance with
paragraph (o) of this section.
* * * * *
    (q) Appendices. The information contained in appendices A, B, C,
and D of this section is not intended, by itself, to create any
additional obligations not otherwise imposed by this standard nor
detract from any existing obligation.
* * * * *

Sec.  1926.62  [Amended]

0
40. In Sec.  1926.62, paragraph (d)(2)(v)(F) is revised, paragraphs (p)
and (r) are removed, and paragraph (q) is redesignated as paragraph
(p).:

Sec.  1926.62  Lead.

* * * * *
    (d) * * *
    (2) * * *
    (v) * * *
    (F) Training as required under paragraph (l)(1)(i) of this section
regarding 29 CFR 1926.59, Hazard Communication; training as required
under paragraph (1)(2)(iii) of this section, regarding use of
respirators; and training in accordance with 29 CFR 1926.21, Safety
training and education.
* * * * *

0
41. In Sec.  1926.62, Appendix B, paragraph XIV. EFFECTIVE DATE--
Paragraph (P) is removed, and paragraph XV is redesignated paragraph
XIV.

Subpart R--Steel Erection

0
42. The authority citation for 29 CFR part 1926 Subpart R is revised to
read as follows:

    Authority: Sec. 107, Contract Work Hours and Safety Standards
Act (Construction Safety Act) (40 U.S.C. 333); Sec. 4, 6, and 8,
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Order No. 3-2000 (65 FR 50017), No. 5-
2002 (67 FR 65008), and 29 CFR part 1911.

Sec.  1926.754  [Amended]

0
43. In Sec.  1926.754, paragraph (c) is revised to read as follows:

Sec.  1926.754  Structural steel assembly.

* * * * *
    (c) Walking/working surfaces--shear connectors and other similar
devices. (1) Tripping hazards. Shear connectors (such as headed steel
studs, steel bars or steel lugs), reinforcing bars, deformed anchors or
threaded studs shall not be attached to the top flanges of beams,
joists or beam attachments so that they project vertically from or
horizontally across the top flange of the member until after the metal
decking, or other walking/working surface, has been installed.
    (2) Installation of shear connectors on composite floors, roofs and
bridge decks. When shear connectors are used in construction of
composite floors, roofs and bridge decks, employees shall lay out and
install the shear connectors after the metal decking has been
installed, using the metal decking as a

working platform. Shear connectors shall not be installed from within a
controlled decking zone (CDZ), as specified in Sec.  1926.760(c)(8).
* * * * *

Subpart Y -- Diving

0
44. The authority citation for 29 CFR part 1926, Subpart Y, is revised
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); Sec. 107, Contract
Work Hours and Safety Standards Act (the Construction Safety
Standards Act) (40 U.S.C. 333); Sec. 41, Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 941); 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), 3-2000 (65 FR 50017) or 5-2002 (67 FR
65008) as applicable; and 29 CFR part 1911.

Sec.  1926.1092  [Removed]

0
45. Section 1926.1092 is removed.

Subpart Z--Toxic and Hazardous Substances

0
46. The authority citation for 29 CFR part 1926 subpart Z is revised to
read as follows:

    Authority: Sec. 107, Contract Work Hours and Safety Standards
Act (the Construction Safety Standards Act) (40 U.S.C. 333); Secs.
4, 6, and 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), 6-96 (62 FR 11), 3-2000 (65
FR 50017), or 5-2002 (67 FR 65008) as applicable; and 29 CFR part
1911.
    Sec.  1926.1102 not issued under 29 U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 553.

Sec.  1926.1101  [Amended]

0
47. In Sec.  1926.1101, paragraph (q) is removed.

Sec.  1926.1127  [Amended]

0
48. In Sec.  1926.1127, paragraph (p) is removed and reserved,
paragraph (q)(1) is removed, and paragraph (q)(2) is redesignated
paragraph (q) and revised to read as follows:

Sec.  1926.1127  Cadmium.

* * * * *
    (q) Appendices. Except where portions of appendices A, B, D, E, and
F to this section are expressly incorporated in requirements of this
section, these appendices are purely informational and are not intended
to create any additional obligations not otherwise imposed or to
detract from any existing obligations.
* * * * *
[FR Doc. 06-3042 Filed 3-31-06; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register Volume 78, Number 137 (Wednesday, July 17, 2013)]
[Notices]
[Pages 42787-42788]
[FR Doc No: 2013-17123]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0589]

Anneri Izurieta; Conviction Reversal; Final Order Withdrawing
Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The U.S. Food and Drug Administration (FDA) is issuing an
order, under the Federal Food, Drug, and Cosmetic Act (the FD&C Act),
withdrawing its January 13, 2012, order debarring Anneri Izurieta from
importing food or offering food for importation into the United States.
FDA is issuing this order because the U.S. Court of Appeals for the
Eleventh Circuit issued an order vacating the conviction and sentence
of Anneri Izurieta.

DATES: Effective Date: July 17, 2013.

FOR FURTHER INFORMATION CONTACT: Kenny Shade, Office of Regulatory
Affairs, Food and Drug Administration, 12420 Parklawn Dr., Rockville,
MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register on January 13, 2012 (77 FR 2070), FDA debarred Anneri Izurieta
for a period of 30 years from importing articles of food or offering
such articles for importation into the United States. FDA issued the
debarment order under section 306(b)(1)(C) of the FD&C Act (21 U.S.C.
335a(b)(1)(C)), which permits FDA to debar an individual from importing
an article of food or offering such an article for importation into the
United States if FDA finds, as required by section 306(b)(3)(A) of the
FD&C Act (21 U.S.C. 335a(b)(3)(A)), that the individual has been
convicted of a felony for conduct relating to the importation into the
United States of any food. The debarment was based on FDA's finding
that Ms. Izurieta was convicted of six felony counts under Federal law
for conduct relating to the importation into the United States of an
article of food. Ms. Izurieta, the president and director of Naver
Trading, was convicted on May 11, 2011, and sentenced on July 29, 2011,
for conspiracy to smuggle goods into the United States and smuggling
goods into the United States. The basis for Ms. Izurieta's conviction
was her alleged role in distributing shipments of dairy products that
were adulterated and not authorized for entry into the United States.
On August 3, 2011, Ms. Izurieta appealed her conviction and sentence.
    On February 22, 2013, the U.S. Court of Appeals for the Eleventh
Circuit issued an order vacating the conviction and sentence of Ms.
Izurieta. A copy of the court's order is available in Docket No. FDA-
2011-N-0589. By this order, the court vacated Ms. Izurieta's
conviction. The order was issued as a mandate on April 23, 2013.
Section 306(d)(3)(B)(i) of the FD&C Act (U.S.C. 335a(d)(3)(B)(i) states
that ``If the conviction which served as the basis for the debarment of
an individual under subsection . . . (b)(3) is reversed, the Secretary
shall withdraw the order of debarment.''
    Accordingly, the Acting Associate Commissioner for Regulatory
Affairs, Office of Regulatory Affairs, under section 306(d)(3)(B)(i) of
the FD&C Act and under authority delegated to the

Associate Commissioner (Staff Manual Guide 1410.21), issues this order
withdrawing the order of debarment of Anneri Izurieta, thereby allowing
her to import food or offer such articles for importation into the
United States. This order is effective July 17, 2013.

    Dated: July 12, 2013.
Melinda K. Plaisier,
Acting Associate Commissioner for Regulatory Affairs, Office of
Regulatory Affairs.
[FR Doc. 2013-17123 Filed 7-16-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Notices]
[Pages 37324-37325]
[FR Doc No: 2021-15043]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0050; FRL-8606-01-OCSPP]

Pesticide Emergency Exemptions; Agency Decisions and State and
Federal Agency Crisis Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has granted emergency exemptions under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of
pesticides as listed in this notice. The exemptions were granted during
the period October 1, 2020 to March 31, 2021 to control unforeseen pest
outbreaks.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Acting Director,
Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed at the end of
the emergency exemption.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2021-0050, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Due to the public health concerns related to
COVID-19, the EPA Docket Center (EPA/DC) and Reading Room is closed to
visitors with limited exceptions. The staff continues to provide remote
customer service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit http://www.epa.gov/dockets.

II. Background

    EPA has granted emergency exemptions to the following State and
Federal agencies. The emergency exemptions may take the following form:
Crisis, public health, quarantine, or specific. EPA has also listed
denied emergency exemption requests in this notice.
    Under FIFRA section 18 (7 U.S.C. 136p), EPA can authorize the use
of a pesticide when emergency conditions exist. Authorizations
(commonly called emergency exemptions) are granted to State and Federal
agencies and are of four types:
    1. A ``specific exemption'' authorizes use of a pesticide against
specific pests on a limited acreage in a particular State. Most
emergency exemptions are specific exemptions.
    2. ``Quarantine'' and ``public health'' exemptions are emergency
exemptions issued for quarantine or public health purposes. These are
rarely requested.
    3. A ``crisis exemption'' is initiated by a State or Federal agency
(and is confirmed by EPA) when there is insufficient time to request
and obtain EPA permission for use of a pesticide in an emergency.
    EPA may deny an emergency exemption: If the State or Federal agency
cannot demonstrate that an emergency exists, if the use poses
unacceptable risks to the environment, or if EPA cannot reach a
conclusion that the proposed pesticide use is likely to result in ``a
reasonable certainty of no harm'' to human health, including exposure
of residues of the pesticide to infants and children.
    If the emergency use of the pesticide on a food or feed commodity
would result in pesticide chemical residues, EPA establishes a time-
limited tolerance meeting the ``reasonable certainty of no harm
standard'' of the Federal Food, Drug, and Cosmetic Act (FFDCA).
    In this document: EPA identifies the State or Federal agency
granted the exemption, the type of exemption, the pesticide authorized
and the pests, the crop or use for which authorized, number of acres
(if applicable), and the duration of the exemption. EPA also gives the
Federal Register citation for the time-limited tolerance, if any.

III. Emergency Exemptions

A. U.S. States and Territories

Arkansas
Department of Agriculture
    Specific exemption: EPA authorized the use of benzobicyclon on a
maximum of 25,000 acres of zero-grade, water-seeded, conventional, and
imidazolinone-resistant rice fields. A time-limited tolerance in
connection with a past action has been established in 40 CFR
180.693(c). Effective April 1, 2021 to August 1, 2021.
    Public health exemption: EPA authorized the use of 1-
octadecanaminium, N,N-dimethyl-N-[3-(trihydroxysilyl)propyl] chloride
on non-porous, non-food-contact surfaces in American Airlines aircraft
and airport facilities to control the Severe Acute

Respiratory Syndrome Coronavirus 2 (SARS-CoV-2), the causal agent of
COVID-19. The use is effective January 19, 2021 to August 24, 2021.
California
Department of Pesticide Regulation
    Specific exemption: EPA authorized the use of kasugamycin on a
maximum of 100,000 acres of almond trees to control bacterial blast
(Pseudomonas syringae pv. syringae). A time-limited tolerance in
connection with a past action has been established in 40 CFR
180.614(b). Effective February 11, 2021 to April 15, 2021.
Florida
Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the use of streptomycin on up
to 330,254 acres of citrus to manage citrus greening disease (also
known as Huanglongbing). Time-limited tolerances in connection with
past actions for this use have been established in 40 CFR 180.245(b).
Effective December 31, 2020 to December 31, 2021.
    EPA authorized the use of the insecticide clothianidin on a maximum
of 125,376 acres of immature (3 to 5 years old) citrus trees to control
the Asian citrus psyllid, the vector of citrus greening disease (also
known as Huanglongbing) to manage disease transmission. A time-limited
tolerance in connection with this action has been established in 40 CFR
180.586(b); Effective January 1, 2021 to October 31, 2021.
Georgia
Department of Agriculture
    Public health exemption: EPA authorized the use of triethylene
glycol as an indoor air treatment at various sites in Georgia when
adherence to current public health guidelines is impractical, difficult
to maintain, or is not expected to provide a sufficient level of
protection, to control the Severe Acute Respiratory Syndrome
Coronavirus 2 (SARS-CoV-2), the causal agent of COVID-19. The use is
effective January 14, 2021 to January 14, 2022.
Louisiana
Department of Agriculture and Forestry
    Specific exemption: EPA authorized the use of triclopyr on a
maximum of 450,000 acres of sugarcane to control divine nightshade. A
time-limited tolerance in connection with this action has been
established in 40 CFR 180.417(b); Effective October 2, 2020 to May 31,
2021.
Massachusetts
Department of Agriculture and Resources
    Specific exemption: EPA authorized the use of pronamide on a
maximum of 5,000 acres of cranberries to control dodder. A time-limited
tolerance in connection with this action has been established in 40 CFR
180.679(b). Effective April 15, 2021 to June 30, 2021.
Oklahoma
Department of Agriculture
    Public health exemption: EPA authorized the use of 1-
octadecanaminium, N,N-dimethyl-N-[3-(trihydroxysilyl)propyl] chloride
on non-porous, non-food-contact surfaces in American Airlines aircraft
and airport facilities to control the Severe Acute Respiratory Syndrome
Coronavirus 2 (SARS-CoV-2), the causal agent of COVID-19. The use is
effective January 19, 2021 to August 24, 2021.
Tennessee
Department of Agriculture
    Public health exemption: EPA authorized the use of triethylene
glycol as an indoor air treatment at various sites in Tennessee when
adherence to current public health guidelines is impractical, difficult
to maintain, or is not expected to provide a sufficient level of
protection, to control the Severe Acute Respiratory Syndrome
Coronavirus 2 (SARS-CoV-2), the causal agent of COVID-19. The use is
effective January 14, 2021 to January 14, 2022.

B. Federal Departments and Agencies

Agriculture Department
Animal and Plant Health Inspector Service
    Quarantine Exemption: EPA authorized the use of acetic acid on
nonporous surfaces to decontaminate from foot and mouth disease virus;
Effective April 19, 2021 to April 19, 2024.
National Aeronautics and Space Administration
    Specific exemption: EPA authorized use of ortho-phthalaldehyde,
immobilized to a porous resin, to treat the International Space Station
(ISS) internal active thermal control system (IATCS) coolant for
control of aerobic and microaerophilic water bacteria and unidentified
gram-negative rods. Effective October 9, 2020 to October 9, 2021. This
request was granted because without this use, the ISS would have no
means of controlling microorganisms in the IATCS because there are no
registered alternatives available which meet the required criteria.
Since this request proposed a use of a new (unregistered) chemical, in
accordance with the requirements at 40 CFR 166.24, a notice of receipt
published in the Federal Register on September 25, 2020 (85 FR 60458)
(FRL-10014-21) with the public comment period closing on October 13,
2020.

    Authority: 7 U.S.C. 136 et seq.

    Dated: July 9, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2021-15043 Filed 7-14-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 51 (Thursday, March 18, 2021)]
[Proposed Rules]
[Pages 14716-14719]
[FR Doc No: 2021-05595]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0137]
RIN 1625-AA08

Special Local Regulation; North Atlantic Ocean, Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish special local
regulations for certain waters of the North Atlantic Ocean. This action
is necessary to provide for the safety of life on these navigable
waters located at Ocean City, MD, during a high-speed power boat racing
event on May 2, 2021. This proposed rulemaking would prohibit persons
and vessels from being in the regulated area unless authorized by the
Captain of the Port Maryland-National Capital Region or Coast Guard
Event Patrol Commander. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before April 2, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0137 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Shaun Landante, U.S. Coast
Guard Sector Maryland-National Capital Region; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    OPA Racing LLC of Brick Township, NJ, has notified the Coast Guard
that it will be conducting the Ocean City Offshore Grand Prix from 12
p.m. to 5 p.m. on May 2, 2021. The high-speed power boat event consists
of approximately 40 participating offshore race boats of various
classes, 21 to 50 feet in length, operating along a designated, marked
racetrack-type course located in the North Atlantic Ocean, at Ocean
City, MD. Hazards from the high-speed power boat racing event include
participants operating near a designated navigation channel, as well as
injury to persons and damage to property that involve vessel mishaps
during high-speed power boat races conducted on navigable waters
located near the shoreline. The Captain of the Port (COTP) Maryland-
National Capital Region has determined that potential hazards
associated with the high-speed power boat races would be a safety
concern for anyone intending to operate within certain waters of the
North Atlantic Ocean at Ocean City, MD, operating in or near the event
area. The Coast Guard is requesting that interested

parties provide comments within a shortened comment period of 15 days
instead of the more typical 30 days for this notice of proposed
rulemaking. The Coast Guard believes a shortened comment period is
necessary and reasonable to ensure the Coast Guard has time to review
and respond to any significant comments submitted by the public in
response to the NPRM and has final rule in effect in time for the
scheduled event.
    The purpose of this rulemaking is to protect event participants,
non-participants, and transiting vessels before, during, and after the
scheduled event. The Coast Guard proposes this rulemaking under
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish
special local regulations from 10 a.m. through 6 p.m. on May 2, 2021.
There is no alternate date planned for this event. The regulated area
would cover all navigable waters of the North Atlantic Ocean, within an
area bounded by the following coordinates: Commencing at a point near
the shoreline at latitude 38[deg]21'42'' N, longitude 075[deg]04'11''
W, thence east to latitude 38[deg]21'33'' N, longitude 075[deg]03'10''
W, thence southwest to latitude 38[deg]19'25'' N, longitude
075[deg]04'02'' W, thence west to the shoreline at latitude
38[deg]19'35'' N, longitude 075[deg]05'02'' W, at Ocean City, MD. The
regulated area is approximately 4,500 yards in length and 1,600 yards
in width.
    This proposed rule provides additional information about areas
within the regulated area and their definitions. These areas include
``Race Area,'' ``Buffer Area,'' and ``Spectator Area.''
    The proposed size of the regulated area are intended to ensure the
safety of life on these navigable waters before, during, and after the
high-speed power boat racing event, scheduled from 12 p.m. to 5 p.m. on
May 2, 2021. The COTP and the Coast Guard Event Patrol Commander
(PATCOM) would have authority to forbid and control the movement of all
vessels and persons, including event participants, in the regulated
area. When hailed or signaled by an official patrol, a vessel or person
in the regulated area would be required to immediately comply with the
directions given by the COTP or Event PATCOM. If a person or vessel
fails to follow such directions, the Coast Guard may expel them from
the area, issue them a citation for failure to comply, or both.
    Except for Ocean City Grand Prix participants and vessels already
at berth, a vessel or person would be required to get permission from
the COTP or Event PATCOM before entering the regulated area. Vessel
operators can request permission to enter and transit through the
regulated area by contacting the Event PATCOM on VHF-FM channel 16.
Vessel traffic would be able to safely transit the regulated area once
the Event PATCOM deems it safe to do so. A person or vessel not
registered with the event sponsor as a participant or assigned as
official patrols would be considered a spectator. Official Patrols are
any vessel assigned or approved by the Commander, Coast Guard Sector
Maryland-National Capital Region with a commissioned, warrant, or petty
officer on board and displaying a Coast Guard ensign.
    If permission is granted by the COTP or Event PATCOM, a person or
vessel would be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels would be required to
operate at a safe speed that minimizes wake while within the regulated
area. Official patrol vessels will direct spectator vessels while
within the regulated area. Only participant vessels and official patrol
vessels would be allowed to enter the race area.
    The regulatory text we are proposing appears at the end of this
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size and
location of the regulated area. Vessel traffic would be able to safely
transit around this regulated area, which would impact a small
designated area of the North Atlantic Ocean for 8 hours. The Coast
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the status of the regulated area. Moreover, the rule
would allow vessels to seek permission to enter the regulated area, and
vessel traffic would be able to safely transit the regulated area once
the Event PATCOM deems it safe to do so.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the

relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting for eight hours. Normally
such actions are categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A preliminary Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket,
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. We review all comments received, but we will only post
comments that address the topic of the proposed rule. We may choose not
to post off-topic, inappropriate, or duplicate comments that we
receive. If you go to the online docket and sign up for email alerts,
you will be notified when comments are posted or a final rule is
published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041;33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0137 to read as follows:

Sec.  100.501T05-0137  Special Local Regulation; North Atlantic Ocean,
Ocean City, MD.

    (a) Locations. All coordinates reference Datum NAD 1983. (1)
Regulated area. All navigable waters of the North Atlantic Ocean,
within an area bounded by the following coordinates: Commencing at a
point near the shoreline at position latitude 38[deg]21'42'' N,
longitude 075[deg]04'11'' W; thence east to latitude 38[deg]21'33'' N,
longitude 075[deg]03'10'' W; thence southwest to latitude
38[deg]19'25'' N, longitude 075[deg]04'02'' W; thence west to the
shoreline at latitude 38[deg]19'35'' N, longitude 075[deg]05'02'' W, at
Ocean City, MD. The race area, buffer area, and spectator area are
within the regulated area.
    (2) Race Area. The race area is a polygon in shape measuring
approximately 3,500 yards in length by 350 yards in width. The area is
bounded by a line commencing at position latitude 38[deg]19'46.85'' N,
longitude 075[deg]04'43.28'' W, thence east to latitude
38[deg]19'44.23'' N, longitude 075[deg]04'29.89'' W, thence north and
parallel to Ocean City, MD shoreline to latitude 38[deg]21'23.24'' N,
longitude 075[deg]03'48.87'' W, thence west to latitude
38[deg]21'25.12'' N, longitude 075[deg]04'02.45'' W; thence south to
the point of origin.
    (3) Buffer Area. The buffer zone is a polygon in shape measuring
approximately 500 yards in all directions surrounding the entire race
area described in the preceding paragraph of this section. The area is
bounded by a line commencing at a point near the shoreline at position
latitude 38[deg]21'42'' N, longitude 075[deg]04'11'' W; thence east to
latitude 38[deg]21'35'' N, longitude 075[deg]03'24'' W; thence
southwest to latitude 38[deg]19'28'' N, longitude 075[deg]04'17'' W;
thence west to the shoreline at latitude 38[deg]19'35'' N, longitude
075[deg]05'02'' W, at Ocean City, MD.

    (4) Spectator Area. The designated spectator area is a polygon in
shape measuring approximately 3,500 yards in length by 350 yards in
width. The area is bounded by a line commencing at position latitude
38[deg]19'40'' N, longitude 075[deg]04'12'' W, thence east to latitude
38[deg]19'37'' N, longitude 075[deg]03'59'' W, thence northeast to
latitude 38[deg]21'17'' N, longitude 075[deg]03'17'' W, thence west to
latitude 38[deg]21'20'' N, longitude 075[deg]03'31'' W, thence
southwest to point of origin.
    (b) Definitions. As used in this section:
    Buffer Area is a neutral area that surrounds the perimeter of the
Race Area within the regulated area described by this section. The
purpose of a buffer zone is to minimize potential collision conflicts
with marine event participants or race boats and spectator vessels or
nearby transiting vessels. This area provides separation between a Race
Area and a specified Spectator Area or other vessels that are operating
in the vicinity of the regulated area established by the special local
regulations.
    Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
    Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means a person or vessel registered with the event
sponsor as participating in the Ocean City Grand Prix or otherwise
designated by the event sponsor as having a function tied to the event.
    Race Area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a race
area within the regulated area defined by this section.
    Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
    (c) Special local regulations: (1) The COTP Maryland-National
Capital Region or Event PATCOM may forbid and control the movement of
all vessels and persons, including event participants, in the regulated
area. When hailed or signaled by an official patrol, a vessel or person
in the regulated area shall immediately comply with the directions
given by the patrol. Failure to do so may result in the Coast Guard
expelling the person or vessel from the area, issuing a citation for
failure to comply, or both. The COTP Maryland-National Capital Region
or Event PATCOM may terminate the event, or a participant's operations
at any time the COTP Maryland-National Capital Region or Event PATCOM
believes it necessary to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM,
and official patrol vessels enforcing this regulated area, can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
pass directly through the regulated area as instructed by Event PATCOM.
A vessel within the regulated area must operate at safe speed that
minimizes wake.
    (4) Only participant vessels and official patrol vessels are
allowed to enter the race area.
    (5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or PATCOM. A person or vessel seeking
such permission can contact the COTP Maryland-National Capital Region
at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 10 a.m.
to 6 p.m. on May 2, 2021.

    Dated: March 12, 2021.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-05595 Filed 3-17-21; 8:45 am]
BILLING CODE 9110-04-P