[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Proposed Rules]
[Pages 13295-13304]
[FR Doc No: 2015-05521]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, 1917, 1918, and 1926

[Docket No. OSHA-2014-0024]
RIN 1218-AC87

Updating OSHA Standards Based on National Consensus Standards;
Eye and Face Protection

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Occupational Safety and Health Administration (``OSHA'' or
``Agency'') is issuing this notice of proposed rulemaking to update its
general industry, shipyard employment, marine terminals, longshoring,
and construction eye and face protection standards by incorporating by
reference the three most recent versions of the American National
Standards Institute (``ANSI'' or ``national consensus standard'')
Occupational and Educational Eye and Face Protection standard. In
addition, OSHA proposes to change language in the construction eye and
face protection standard to make it consistent with both the general
industry and maritime standards.

DATES: Submit comments on this notice of proposed rule (including
comments on the information-collection (paperwork) determination
described under the section titled Procedural Determinations, hearing
requests, and other information) by April 13, 2015. All submissions
must bear a postmark or provide other evidence of the submission date
(the following section titled ADDRESSES describes the available methods
of making submissions).

ADDRESSES: Submit comments, hearing requests, and other information as
follows:
     Electronic. Submit comments electronically to http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow
the instructions online for submitting comments.
     Facsimile. OSHA allows facsimile transmission of comments
and hearing requests that are 10 pages or fewer in length (including
attachments). Send these documents to the OSHA Docket Office at (202)
693-1648; OSHA does not require hard copies of these documents. Instead
of transmitting facsimile copies of attachments that supplement these
documents (e.g., studies, journal articles), commenters must submit
these attachments to the OSHA Docket Office, Technical Data Center
(TDC), Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution
Ave. NW., Washington, DC 20210. These attachments must clearly identify
the sender's name, date, subject, and docket number (i.e., OSHA-2014-
0024 so that the Agency can attach them to the appropriate document.
     Regular mail, express delivery, hand delivery, and
messenger (courier) service. Submit comments and any additional
material (e.g., studies, journal articles) to the OSHA Docket Office,
Docket No. OSHA-2013-0024 or RIN 1218-AC8708 Technical Data Center,
Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW.,
Washington, DC 20210; telephone:<PHONE_NUMBER>. (OSHA's TTY number is
(877) 889-5627)). Note that security procedures may result in
significant delays in receiving comments and other written materials by
regular mail. Contact the OSHA Docket Office for information about
security procedures for delivery of materials by express delivery, hand
delivery, and messenger service. The hours of operation for the OSHA
Docket Office are 8:15 a.m. to 4:45 p.m., e.t.
     Instructions. All submissions must include the Agency name
and the OSHA docket number (i.e., OSHA Docket No. OSHA-2014-0024). OSHA
will place comments and other material, including any personal
information, in the public docket without revision, and these materials
will be available online at: http://www.regulations.gov. Therefore, the
Agency cautions commenters about submitting statements they do not want
made public, or submitting comments that contain personal information
(either about themselves or others), such as social security numbers,
birth dates, and medical data.
    OSHA invites comments on all issues related to this notice of
proposed rulemaking. The Agency also welcomes comments on its findings
that this notice of proposed rulemaking will have no impact on the
regulated community.
     Docket. To read or download comments or other material in
the docket, go to http://www.regulations.gov. The electronic docket for
this notice of proposed rule established at http://www.regulations.gov
contains most of the documents in the docket. Some information (e.g.,
copyrighted material), however, cannot be read or downloaded through
this Web site. All submissions, including copyrighted material, are
accessible at the OSHA Docket Office.

Contact the OSHA Docket Office for assistance in locating docket
submissions.

FOR FURTHER INFORMATION CONTACT:
    General information and press inquiries: Contact Frank Meilinger,
OSHA Office of Communications, Room N-3647, U.S. Department of Labor,
200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693-
1999, email<EMAIL_ADDRESS>    Technical inquiries: Contact Kenneth Stevanus, Directorate of
Standards and Guidance, Room N-3609, OSHA, U.S. Department of Labor,
200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693-
2260; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    Copies of this Federal Register notice. Electronic copies of this
Federal Register notice are available at http://www.regulations.gov.
This Federal Register notice, as well as news releases and other
relevant information, also are available at OSHA's Web page at http://www.osha.gov.

SUPPLEMENTARY INFORMATION: The preamble to the proposed standard
follows this outline:

I. Background
    A. OSHA's Eye and Face Protection Standards
    B. ANSI's Occupational and Educational Eye and Face Protection
Standard
    a. Comparison Between the 2010 and 2003 Versions of ANSI Z87.1
    b. Comparison Between the 2010 and 1968 Versions of ANSI Z87.1
    C. Overview of Proposed Rulemaking
    D. Reasonable Availability of the ANSI Standard to the Public
II. Summary and Explanation of Revisions to the Eye and Face
Protection Standards
    A. Updating the General Industry and Maritime Industry Standards
    B. Updating the Construction Industry Standard
III. Procedural Determinations
    A. Legal Considerations
    B. Preliminary Economic Analysis and Regulatory Flexibility Act
Certification
    C. OMB Review Under the Paperwork Reduction Act of 1995
    D. Federalism
    E. State Plan States
    F. Unfunded Mandates Reform Act of 1995
    G. Consultation and Coordination With Indian Tribal Governments
    H. Consultation With the Advisory Committee on Construction
Safety and Health
IV. Authority and Signature

I. Background

A. OSHA's Eye and Face Protection Standards

    The original OSHA standards addressing eye and face protection were
adopted in 1971 from established Federal standards and national
consensus standards to address the various workplace hazards that pose
a significant risk of death or injury. Since then, OSHA has amended its
standards on numerous occasions, most recently in 2009 for the general
industry, shipyard employment, longshoring, and marine terminals
standards (74 FR 46350), and in 1993 for the construction standard (58
FR 35309). See 29 CFR 1910.133 (General Industry); 29 CFR 1915.153
(Shipyard Employment); 29 CFR 1917.91 (Marine Terminals); 29 CFR
1918.101 (Longshoring); and 29 CFR 1926.102 (Construction). The general
industry and maritime standards require that eye and face protection
comply with national consensus standards incorporated by reference
unless the employer demonstrates that non-specified eye and face
protection equipment is at least as protective of workers. See 29 CFR
1910.133(b)(2); 29 CFR 1915.153(b)(2); 29 CFR 1917.91(a)(1)(ii); and 29
CFR 1918.101(a)(1)(ii). The construction standard requires that eye and
face protection meet the requirements of ANSI Z87.1-1968. See 29 CFR
1926.102(a)(2). Each of these provisions are part of OSHA's
comprehensive requirements to ensure that employees use personal
protective equipment that will protect them from hazards in the
workplace.

B. ANSI's Occupational and Educational Eye and Face Protection Standard

    ANSI's Occupational and Educational Eye and Face Protection, Z87.1,
was first published in 1968 and revised in 1979, 1989, 2003, and 2010.
The 1979 version was nearly identical to the 1968 version; it contained
only minor changes in language and organization. The 1989 version
emphasized performance requirements to encourage and accommodate
advancements in design, materials, technologies, and product
performance. Performance requirements were specified wherever
practical. Minimum thickness requirements for protectors were added and
new impact testing requirements were established to ensure that
protectors intended to provide side protection were tested from the
side and the front. This version also improved the transmittance
requirements for filter lenses. The 2003 version added an enhanced user
selection chart with a system for selecting equipment (e.g.,
spectacles, goggles, and faceshields) that adequately protects from a
particular hazard.
    Unlike earlier versions, the 2010 version of ANSI Z87.1 focuses on
a hazard, such as droplet and splash, impact, optical radiation, dust,
fine dust, and mist, and specifies the type of equipment needed to
protect from that hazard. Earlier versions focused on protector type,
such as spectacles, goggles, faceshields, or welding hats. See Ex.
OSHA-2014-0024-0001 (a side-by-side comparison of versions prepared by
OSHA). It contains general requirements for all protector types, which
assess optical qualities, minimum robustness, ignition, corrosion
resistance, and minimum coverage. It also includes performance
assessments that are unique to a specific protector configuration such
as welding devices or prescription safety eyewear. Finally, it defines
the number of samples to be tested when assessing a protector's ability
to meet applicable performance criteria.
a. Comparison Between the 2010 and 2003 Versions of ANSI Z87.1
    The 2010 version of ANSI Z87.1 adds new requirements to and changes
the structure of the 2003 version. See Ex. OSHA-2014-0024-0001 (a side-
by-side comparison of versions prepared by OSHA). Section 5 of the 2010
version, general requirements, adds Section 5.2, which requires that
protectors are free from projections, sharp edges, or other defects.
The drop ball impact test, which appeared in Section 7.3.1 of the 2003
version, is in Section 5.2.1 of the 2010 version. Additionally, the
test is universally-applied rather than protector-dependent. Section
7.6 of the 2003 version, flammability, has been replaced with Section
5.2.3, ignition. The new section states that protectors shall not
ignite or continue to glow once the rod is removed. It also states that
each externally-exposed material shall be tested. Section 5.2.5 adds
requirements for the minimum coverage area of the eyewire and lens.
Section 5.4 adds marking requirements and states that protectors shall
bear the permanent marking in specified locations.
    In Section 6 of the 2010 version, impact protector requirements,
the spectacle frame test that appeared in Section 7.2 of the 2003
version, has been moved to Section 6.12, and now requires components to
be tested as a complete device. Section 6.13 adds a requirement for
lateral side coverage, and states that the impact-rated protectors
shall provide continuous lateral coverage with specified diameters/
dimensions. Section 6.2.5 includes qualifications for prescription lens
material and lists different ways that the lens can fail to meet the
qualifications. Section 6.2.6 adds qualifications for prescription lens
mounting. It also requires that complete devices using representative
test lenses meeting the requirements of Section

6.2.5 be capable of resisting high mass and high velocity impact.
Section 6.3 provides additional impact requirements for specific
protectors, such as devices with lift fronts, welding helmets, and
faceshields, and prescription lens carriers behind plano protectors.
    Section 7 of the 2010 version, optical radiation protector
requirements, adds a requirement to test in lightest to darkest states
in Section 7.1.3. Section 7.2.1 adds a requirement that goggle housing
intended to provide protection against optical radiation meet
transmittance requirements of shade 6 or higher.
    Section 8 of the 2010 version, droplet and splash, dust, and fine
dust protector requirements, adds a new requirement to Section 8.1.1
that goggles be tested so that the droplets or liquid splash do not
cause a red coloration. Section 8.1.2 mandates that a laser beam not
make direct contact with any point on the eye-region rectangle
``without first being intercepted by the faceshield.''
    Section 14 of the 2003 version is section 9 in the 2010 version and
addresses test methods. This section requires testing at standard
laboratory conditions rather than normal laboratory ambient conditions
required in the previous version. Section 9.10 includes new testing
requirements for lateral protection to assess the lateral protection
area of a complete device. Section 9.14 includes a new prescription
lens test that requires lens materials to withstand impact from high
velocity. Section 9.16 is a new testing requirement for goggles and
faceshields that require a determination of the protector's capability
to keep liquid splashes and sprays from reaching eyes. Sections 9.17
and 9.18 contain new requirements to, respectively, determine the
protector's capability to keep larger dust particles and fine dust
particles from reaching the wearer's eyes. Finally, Sections 7.8, 8.8,
9.8, and 10.8 of the 2003 version, which addressed cleanability of
spectacles and goggles, were removed.
b. Comparison Between the 2010 and 1968 Versions of ANSI Z87.1
    The 2010 version of ANSI Z87.1 also differs significantly from the
1968 version. See Ex. OSHA-2014-0024-0002 (a side-by-side comparison of
versions prepared by OSHA). Whereas the scope of the 1968 version
simply states that it applies to all occupational operations, the 2010
scope is far more specific in that it sets forth criteria related to
the general requirements, testing, permanent marking, selection, care,
and use of protectors to minimize the occurrence and severity or
prevention of injuries from the different types of hazards. In
addition, the 2010 version excludes more hazardous exposures than the
1968 version, including bloodborne pathogens, microwaves, radio-
frequency radiation, and sports and recreation. It also removes nearly
all of the definitions contained in the 1968 version and makes
significant alterations to the remaining definitions. For example, the
1968 definitions for ultraviolet and infrared radiation were defined as
within the range of 50 to 390 nm and 770 to 12000 nm, respectively. The
2010 version defines these ranges from 200 to 380 nm and 780 to 2000
nm, respectively.

C. Overview of Proposed Rulemaking

    As discussed in a previous Federal Register notice (69 FR 68283),
OSHA is undertaking a series of projects to incorporate the latest
versions of national consensus and industry standards into its
regulations. These projects include removing outdated national
consensus and industry standards and updating regulatory text.
    On May 17, 2007, OSHA published a notice of proposed rulemaking (72
FR 27771) entitled ``Updating OSHA Standards Based on National
Consensus Standards; Personal Protective Equipment.'' This notice did
not include a revision of the construction industry standards that
cover personal protective equipment, which had last been updated in
1993. 58 FR 35160. In response to the notice, the Agency received
approximately 25 comments. On December 4, 2007, OSHA held an informal
public hearing at which nine witnesses testified. Several of the
commenters and witnesses questioned the Agency's decision not to
include the construction industry in this rulemaking. See Exs. OSHA-
2007-0044-0021 and -0034; see also, Tr. at 18-19 and 51-52. OSHA
responded that limited resources did not permit inclusion of the
construction industry at that time. Tr. at 18-19; see also, 74 FR
46352.
    On September 9, 2009, OSHA published the final rule (74 FR 46350),
which became effective on October 9, 2009, and pertained only to the
general industry and maritime standards. The final rule did not include
a reference to the 2010 edition of the ANSI standard because this
edition was not available to OSHA prior to February 8, 2008, the date
on which the administrative law judge who presided over the hearing
closed the rulemaking record.
    By this notice, OSHA is proposing to update the references in 29
CFR 1910.133(b)(1), 29 CFR 1915.153(b)(1), 29 CFR 1917.91(a)(1)(i), and
29 CFR 1918.101(a)(1)(i) to include ANSI Z87.1-2010, the most recent
version of that standard and delete the reference to ANSI Z87.1-1989.
As a result, these provisions will allow use of eye and face protection
that complies with the three most recent editions of the consensus
standard, i.e., ANSI Z87.1-2010, Z87.1-2003 and Z87.1-1989 (R-1998). In
addition, OSHA is proposing to amend 29 CFR 1926.102(a)(2) of the
construction standard to remove ANSI Z87.1-1968 and add the three most
recent versions of the ANSI standard to 29 CFR 1926.102(b)(1). This
will make the ANSI references in the construction standard identical to
those in the general industry and maritime standards. This action
addresses the comments received during the initial rulemaking, cited
above, and as stated above, will ensure consistency among the Agency's
standards. These changes also eliminate any confusion, clarify employer
obligations, and provide up-to-date protection for workers exposed to
eye and face hazards.

D. Reasonable Availability of the ANSI Standard to the Public

    OSHA believes that the ANSI standards included in this proposal are
reasonably available to interested parties. The 2010, 2003, and 1989
(R-1998) versions of ANSI Z87.1 can be purchased as a package from ANSI
in pdf form for $57 (http://webstore.ansi.org/). All three are also
available for purchase at both the IHS Standards (http://global.ihs.com/) or Techstreet (http://www.techstreet.com/) stores. In
addition, they are available at OSHA's docket office for review. In
addition, both the 2003 and 1989 (R-1998) versions are available at
OSHA's regional offices for review. If OSHA ultimately finalizes this
rule, all three documents would be maintained in OSHA's national and
regional offices for review by the public.

II. Summary and Explanation of Revisions to the Eye and Face Protection
Standards

A. Updating the General Industry and Maritime Industry Standards

    OSHA adopted the previous revision of the general industry and
maritime eye and face protection standards on September 9, 2009. 74 FR
46350. These revisions, which became effective on October 9, 2009,
permit compliance with ANSI Z87.1-2003, ANSI Z87.1-1989 (R-1998), or
ANSI Z87.1-1989. Since OSHA published the previous revision, ANSI
Z87.1-2010 has become available. This rulemaking will update

the references in 29 CFR 1910.133(b)(1), 29 CFR 1915.153(b)(1), 29 CFR
1917.91(a)(1)(i), and 29 CFR 1918.103(a)(1)(i) to recognize the 2010
edition of ANSI Z87.1 and delete the reference to Z87.1-1989. It will
also update the general incorporation by reference section for each of
these standards (i.e., 29 CFR 1910.6, 1915.5, 1917.3, 1918.3) to
reflect the incorporation of ANSI Z87.1-2010, ANSI Z87.1-2003, and ANSI
Z87.1-1989 (R-1998).
    Since it is OSHA's understanding that eye and face protection is
now only designed, tested, or manufactured in accordance with the 2010,
2003, or 1989 (R-1998) versions of ANSI Z87.1, OSHA believes these
updates are consistent with the usual and customary practice of
employers in the general and maritime industries. Therefore,
incorporating by reference ANSI Z87.1-2010, and deleting ANSI Z87.1-
1989, will not add a compliance burden for employers. OSHA invites
public comment on whether the revisions in the 2010 edition of the
consensus standard represent current industry practice, as well as any
other issues raised by OSHA's proposed revisions to the general
industry and maritime eye and face protection standards.

B. Updating the Construction Industry Standard

    The proposed update to the construction eye and face protection
standard involves: (1) Changes to the ANSI standard references and (2)
inclusion of language from the general industry eye and face protection
standard. With respect to the ANSI standard update, OSHA will amend 29
CFR 1926.6 and 1926.102, which currently incorporate by reference ANSI
Z87.1-1968, to include the three most recent versions of the ANSI
standard, ANSI Z87.1-2010, ANSI Z87.1-2003, and ANSI Z87.1-1989 (R-
1998). With respect to the inclusion of language from the general
industry standard, OSHA will modify certain existing language to make
it nearly identical to the language in the general industry standard's
eye and face protection provisions. It will also retain provisions
unique to the current construction standard that do not appear to be
covered in the versions of the ANSI Z87.1 incorporated by the proposal.
These changes better reflect the requirements of the newer consensus
standards and ease compliance for employers whose employees might also
perform work covered by the general industry or maritime standards.
    Specifically, OSHA is proposing to replace sections 1926.102(a)(1)
through (a)(3), and (a)(7) with the language found in the general
industry standard at 1910.133(a)(1) through (a)(4) and 1910.133(b). The
Agency will also replace: (1) The statement of scope in section
1926.102(a)(1) with the statement of scope in 1910.133(a)(1); (2) the
reference to the 1968 ANSI standard in 1926.102(a)(2) with the updated
list of national consensus standards in 1910.133(b)(1); and (3) the
requirements for corrective lenses in 1926.102(a)(3) with the
corrective-lens requirements in 1910.133(a)(3). The proposal deletes
section 1926.102(a)(4)'s requirement to keep the protective equipment
clean, in good repair, and free of structural and optical defects. This
provision does not appear in 1910.133, and is addressed by requirements
in each of the three versions of Z87.1 included in the proposal. See,
e.g., ANSI Z87.1-2010 (sections 10.3 and 10.4); ANSI Z87.1-2003
(section 6.2.6); and ANSI Z87.1-1989 (R 1998) (sections 14.4, 14.5,
15.7). The proposal also removes Table E-1, Eye and Face Protector
Selection Guide, which is specific to the 1968 version of ANSI Z87.1
and referenced in the current section 1926.102(a)(5). Removal of Table
E-1 is of no consequence because employers and employees may use any of
the three newly-referenced ANSI standards, which contain similar
selection guides. See ANSI Z87.1-2010, Annex I. Selection Chart, ANSI
Z87.1-2003, Annex I--Selection Chart, or ANSI Z87.1-1989 (R-1998),
Selection Chart. Once Table E-1 is removed, OSHA will renumber Tables
E-2 and E-3 under this paragraph as Tables E-1 and E-2, respectively.
    The proposal retains section 1926.102(a)(6)--which specifies, among
other requirements, that protectors must be capable of being
disinfected, easily cleanable, and durable--because its language does
not appear to be in the most recent ANSI standard, Z87.1-2010. The
proposal also substitutes the marking requirement specified by section
1926.102(a)(7) with the marking requirement in section 1910.133(a)(4).
In addition, the proposal will delete the requirement in
1926.102(a)(8)--that employers must transmit information from
manufacturers to users about equipment limitations or precautions and
that such limitations and precautions must be strictly observed--to
bring the section into closer alignment with the general industry
standard because this requirement is covered by requirements in each of
the ANSI standards (see ANSI Z87.1-2010, section 10.2; ANSI Z87.1-2003,
section 6.2.6; ANSI Z87.1-1989 (R 1998), section 14.2. The language
adopted from the general industry standard will add a provision to the
construction standard that permits an employer to use eye and face
protection not manufactured in accordance with one of the incorporated
ANSI Z87.1 standards if the employer can demonstrate compliance with
one of the incorporated ANSI Z87.1 standards (i.e., the equivalent-
protection provision). Finally, section 1926.102(b) will be
redesignated as section 1926.102(c).
    OSHA believes that it is consistent with employers' usual and
customary practice in the construction industry to require use of eye
and face protection that complies with ANSI Z87.1-2010, ANSI Z87.1-
2003, or ANSI Z87.1-1989 (R-1998). Accordingly, the Agency determined
that incorporating these editions of ANSI Z87.1 consensus standards for
eye and face protection into 29 CFR 1926.102(b)(1) does not add a
compliance burden for employers. OSHA invites public comment on whether
use of eye and face protection that complies with ANSI Z87.1-2010, ANSI
Z87.1-2003, or ANSI Z87.1-1989 (R-1998) and inclusion of language from
the general industry standard's eye and face provisions accords with
employers' usual and customary practice in the construction industry,
as well as any other issues raised by OSHA's proposed revisions to the
construction standard for eye and face protection.

III. Procedural Determinations

A. Legal Considerations

    The purpose of the Occupational Safety and Health Act of 1970 (OSH
Act) is to achieve to the extent possible safe and healthful working
conditions for all employees. 29 U.S.C. 651(b). To achieve this goal,
Congress authorized the Secretary of Labor to promulgate and enforce
occupational safety and health standards. 29 U.S.C. 654(b), 655(b). A
safety or health standard is a standard ``which requires conditions, or
the adoption or use of one or more practices, means, methods,
operations, or processes reasonably necessary or appropriate to provide
safe or healthful employment and places of employment.'' 29 U.S.C.
652(8). A standard is reasonably necessary or appropriate within the
meaning of Section 652(8) of the OSH Act when a significant risk of
material harm exists in the workplace and the standard would
substantially reduce or eliminate that workplace risk. See Indus. Union
Dep't, AFL-CIO v. Am. Petroleum Inst., 448 U.S. 607 (1980). OSHA
already determined that requirements specified by eye and face
protection standards, including design requirements, are

reasonably necessary or appropriate within the meaning of Section
652(8). See, e.g., 49 FR 49726, 49737 (1978); 51 FR 33251, 33251-59
(1986).
    Moreover, this notice of proposed rulemaking neither reduces
employee protection nor alters an employer's obligations under the
existing standards. With respect to employee protection, because the
proposal will allow employers to continue to provide the same eye and
face protection they currently provide, employees' protection will not
change. In terms of employers' obligations, the proposal will allow
employers additional options for meeting the design-criteria
requirements for eye and face protection. Accordingly, this proposal
does not require an additional significant risk finding (cf. Edison
Elec. Inst. v. OSHA, 849 F.2d 611, 620 (D.C. Cir. 1988)).
    In addition, a safety standard must be technologically feasible.
See UAW v. OSHA, 37 F.3d 665, 668 (D.C. Cir. 1994). A standard is
technologically feasible when the protective measures it requires
already exist, when available technology can bring the protective
measures into existence, or when that technology is reasonably likely
to develop. See Am. Textile Mfrs. Inst. v. OSHA, 452 U.S. 490, 513
(1981); Am. Iron and Steel Inst. v. OSHA, 939 F.2d 975, 980 (D.C. Cir.
1991)). The proposed revisions detailed in this NPRM are
technologically feasible because: (1) Protectors are already
manufactured in accordance with the 2010 ANSI standard or the other
versions permitted under the revision and (2) employers already comply
with the 2003 and 1998 versions of the ANSI standard incorporated by
reference into the general industry and maritime standards, which will
remain in effect under the proposed rule.

B. Preliminary Economic Analysis and Regulatory Flexibility Act
Certification

    OSHA has preliminarily determined that employers can comply with
the proposed rule by following their current usual and customary
practice in providing eye and face protection to their employees.
Therefore, OSHA finds that this notice of proposed rulemaking is not
economically significant within the context of Executive Order 12866,
or a major rule under the Unfunded Mandates Reform Act or Section 801
of the Small Business Regulatory Enforcement Fairness Act. In addition,
this notice of proposed rulemaking complies with Executive Order 13563
because employers are allowed increased flexibility in choosing eye and
face protection for their employees and are not required to update or
replace that protection solely as a result of this rule if the
employer's current practice meets the revised standards. Because the
rule imposes no costs, OSHA certifies that it will not have a
significant economic impact on a substantial number of private or
public sector entities and does not meet any of the criteria for an
economically significant or major rule specified by the Executive Order
or relevant statutes.

C. OMB Review Under the Paperwork Reduction Act of 1995

    This notice of proposed rulemaking does not establish or revise any
collection of information requirements for purposes of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501. Accordingly, the Agency did not
submit an Information Collection Request to OMB in association with
this rulemaking.
    Members of the public may respond to this paperwork determination
by sending their written comments to the Office of Information and
Regulatory Affairs, Attn: OSHA Desk Officer (RIN 1218-AC77), Office of
Management and Budget, Room 10235, 725 17th Street NW., Washington, DC
20503. The Agency encourages commenters to submit these comments to the
rulemaking docket, along with their comments on other parts of this
notice of proposed rulemaking. For instructions on submitting these
comments and accessing the docket, see the sections of this Federal
Register document titled DATES and ADDRESSES.
    To make inquiries or to request other information contact Mr. Todd
Owen, Directorate of Standards and Guidance, OSHA, Room N-3609, U.S.
Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210;
telephone:<PHONE_NUMBER>.

D. Federalism

    OSHA reviewed this notice of proposed rulemaking in accordance with
the Executive Order on Federalism (Executive Order 13132, 64 FR 43255,
August 10, 1999), which requires that agencies, to the extent possible,
refrain from limiting state policy options, consult with states prior
to taking any actions that would restrict state policy options, and
take such actions only when clear constitutional authority exists and
the problem is national in scope. Executive Order 13132 provides for
preemption of state law only with the expressed consent of Congress.
Agencies must limit any such preemption to the extent possible.
    Under Section 18 of the OSH Act, 29 U.S.C. 651 et seq., Congress
expressly provides that states may adopt, with Federal approval, a plan
for the development and enforcement of occupational safety and health
standards (29 U.S.C. 667); OSHA refers to states that obtain Federal
approval for such a plan as ``State Plan states.'' Occupational safety
and health standards developed by State Plan states must be at least as
effective in providing safe and healthful employment and places of
employment as the Federal standards. 29 U.S.C. 667. Subject to these
requirements, State Plan states are free to develop and enforce under
state law their own requirements for occupational safety and health
standards.
    While OSHA drafted this notice of proposed rulemaking to protect
employees in every state, Section 18(c)(2) of the OSH Act permits State
Plan states and U.S. territories to develop and enforce their own
standards for eye and face protection provided these requirements are
at least as effective in providing safe and healthful employment and
places of employment as the requirements specified in this notice of
proposed rulemaking.
    In summary, this notice of proposed rulemaking complies with
Executive Order 13132. In states without OSHA-approved state plans,
this rulemaking limits state policy options in the same manner as other
OSHA standards. In State Plan states, this rulemaking does not
significantly limit state policy options because, as explained in the
following section, State Plan states do not have to adopt this notice
of proposed rulemaking

E. State Plan States

    When Federal OSHA promulgates a new standard or amends an existing
standard to be more stringent than it was previously, the 27 states or
U.S. territories with their own OSHA-approved occupational safety and
health plans must revise their standards to reflect the new standard or
amendment, or show OSHA why such action is unnecessary, e.g., because
an existing state standard covering this area is at least as effective
in protecting workers as the new Federal standard or amendment. 29 CFR
1953.5(a). In this regard, the state standard must be at least as
effective as the final Federal rule. State Plan states must adopt the
Federal standard or complete their own standard within six months of
the publication date of the final Federal rule. When OSHA promulgates a
new standard or amendment that does not impose additional or more
stringent requirements than the existing standard,

State Plan states need not amend their standards, although OSHA may
encourage them to do so. The following 21 states and 1 U.S. territory
have OSHA-approved occupational safety and health plans that apply only
to private-sector employers: Alaska, Arizona, California, Hawaii,
Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New
Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee,
Utah, Vermont, Virginia, Washington, and Wyoming. In addition,
Connecticut, Illinois, New Jersey, New York, and the Virgin Islands
have OSHA-approved State Plans that apply only to state and local
government employees.
    When OSHA promulgates a new final rule, states and territories with
approved State Plans must adopt comparable amendments to their
standards relating to personal protective equipment across OSHA's
various industries within six months of OSHA's promulgation of the
final rule unless they demonstrate that such a change is not necessary
because their existing standards are already the same, or at least as
effective, as OSHA's new final rule.

F. Unfunded Mandates Reform Act of 1995

    OSHA reviewed this notice of proposed rulemaking according to the
Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1501-1571, and
Executive Order 12875, 58 FR 58093 (1993). As discussed above in
Section IV.B (``Preliminary Economic Analysis and Regulatory
Flexibility Certification'') of this preamble, OSHA preliminarily
determined that the proposed rule imposes no additional costs on any
private-sector or public-sector entity. Accordingly, this notice of
proposed rulemaking requires no additional expenditures by either
public or private employers.
    As noted above under Section IV.E (``State Plan States'') of this
preamble, OSHA standards do not apply to state or local governments
except in states that elected voluntarily to adopt an OSHA-approved
state plan. Consequently, this notice of proposed rulemaking does not
meet the definition of a ``Federal intergovernmental mandate.'' See 2
U.S.C. 658(5). Therefore, for the purposes of the UMRA, OSHA certifies
that this notice of proposed rulemaking does not mandate that state,
local, or tribal governments adopt new, unfunded regulatory
obligations, or increase expenditures by the private sector of more
than $100 million in any year.

G. Consultation and Coordination With Indian Tribal Governments

    OSHA reviewed this notice of proposed rulemaking in accordance with
Executive Order 13175, 65 FR 67249 (2000), and determined that it does
not have ``tribal implications'' as defined in that order. As proposed,
the rule does not have substantial direct effects 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.

H. Consultation With the Advisory Committee on Construction Safety and
Health

    Under 29 CFR parts 1911 and 1912, OSHA must consult with the
Advisory Committee on Construction Safety and Health (``ACCSH'' or
``the Committee''), established pursuant to Section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 3701 et seq.), in
setting standards for construction work. Specifically, 29 CFR
1911.10(a) requires the Assistant Secretary to provide the ACCSH with a
draft proposed rule (along with pertinent factual information) and give
the Committee an opportunity to submit recommendations. See also 29 CFR
1912.3(a) (``[W]henever occupational safety or health standards for
construction activities are proposed, the Assistant Secretary [for
Occupational Safety and Health] shall consult the Advisory
Committee'').
    On May 8, 2014, OSHA presented its proposal to update the Agency's
eye and face protection standards including its construction standard
at 29 CFR 1926.102 to the ACCSH. OSHA presented the committee two
options for updating of its construction standard. In the first option
OSHA proposed to replace the provisions in the construction standard
with those of the general industry and maritime standards, except for
those that were unique to the construction industry standard. This
would make the construction eye and face protection standard nearly
identical to the general industry and maritime standards however, it
would preserve those provisions that are unique to the construction
standard.
    The second option proposed would substitute only the three most
current ANSI standards for the outdated ANSI standard currently cited
and include the new provision allowing the use of any equivalent-
protection standards. The remaining provisions of the construction
standard would stay intact except for the removal of Table E-1 which
references the outdated ANSI standard. This option would retain
existing requirements that are familiar to employers and employees in
the construction industry. The Committee subsequently selected the
first option and passed a motion recommending that the Agency move
forward in the rulemaking process. (See the minutes from the meeting
Docket No. OSHA-2014-0024-0004; see also two options for an update,
available at Docket No. OSHA-2014-0024-0003).

List of Subjects in 29 CFR Parts 1910, 1915, 1917, 1918, and 1926

    Incorporation by reference, Occupational safety and health,
Personal protective equipment.

IV. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC 20210, authorized the preparation
of this notice. OSHA is issuing this proposed rule pursuant to 29
U.S.C. 653, 655, and 657; 40 U.S.C. 3701 et seq.; 5 U.S.C. 553;
Secretary of Labor's Order 1-2012, 77 FR 3912 (2012); and 29 CFR part
1911.

    Signed at Washington, DC, on March 2, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to Standards

    For the reasons stated above in the preamble, the Occupational
Safety and Health Administration proposes to amend 29 CFR parts 1910,
1915, 1917, 1918 and 1926 as follows:

PART 1910--[AMENDED]

Subpart A--[Amended]

0
1. The authority citation for subpart A of part 1910 continues to read
as follows:

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
Numbers 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736),
1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002
(67 FR 65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012
(77 FR 3912), as applicable.
    Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29
CFR 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29
U.S.C. 9a, 5 U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222);
Pub. L. 11-8 and 111-317; and OMB Circular A-25 (dated July 8, 1993)
(58 FR 38142, July 15, 1993).

0
2. Amend Sec.  1910.6 by revising paragraphs (e)(69) through (e)(71) to
read as follows:

Sec.  1910.6  Incorporation by reference.

* * * * *
    (e) * * *
    (69) ANSI Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, approved April 13, 2010; IBR approved for
Sec.  1910.133(b)(1)(i). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (70) ANSI Z87.1-2003, Occupational and Educational Eye and Face
Personal Protection Devices, approved June 19, 2003; IBR approved for
Sec. Sec.  1910.133(b)(1)(ii). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (71) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection; IBR approved for Sec.
1910.133(b)(1)(iii). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
* * * * *

Subpart I--[Amended]

0
3. The authority citation for subpart I of part 1910 continues to read
as follows:

    Authority:  Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or
1-2012 (77 FR 3912), as applicable, and 29 CFR part 1911; Sections
1910.132, 1910.134, and 1910.138 of 29 CFR also issued under 29 CFR
1911; Sections 1910.133, 1910.135, and 1910.136 of 29 CFR also
issued under 29 CFR 1911 and 5 U.S.C. 553.

0
4. Amend Sec.  1910.133 by revising paragraph (b)(1) to read as
follows:

Sec.  1910.133  Eye and face protection.

* * * * *
    (b) Criteria for protective eye and face protection. (1) Protective
eye and face protection devices must comply with any of the following
consensus standards:
    (i) ANSI Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec.  1910.6;
    (ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec.  1910.6; or
    (iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, incorporated by reference in Sec.
1910.6;
* * * * *

PART 1915--[AMENDED]

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

    Authority: Section 41, Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 941); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-
2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable; 29 CFR
part 1911.

    Section 1915.100 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
    Sections 1915.120 and 1915.152 of 29 CFR also issued under 29
CFR part 1911.
    Source: 47 FR 16986, Apr. 20, 1982, unless otherwise noted.

0
6. Amend Sec.  1915.5 by revising paragraphs (d)(1)(vi) through
(d)(1)(viii) to read as follows:

Sec.  1915.5  Incorporation by reference.

* * * * *
    (d)(1) * * *
    (vi) ANSI Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, approved April 13, 2010; IBR approved for
Sec.  1915.153(b)(1)(i). Copies are available for purchase from:
    (A) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (B) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (C) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (vii) ANSI Z87.1-2003, Occupational and Educational Personal Eye
and Face Protection Devices, approved June 19, 2003; IBR approved for
Sec.  1910.153(b)(1)(ii). Copies available for purchase from the:
    (A) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (B) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (C) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (viii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection; IBR approved for Sec.
1910.153(b)(1)(iii). Copies are available for purchase from:
    (A) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (B) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (C) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
* * * * *

Subpart I--[Amended]

0
7. Amend Sec.  1915.153 by revising paragraph (b)(1) to read as
follows:

Sec.  1915.153  Eye and face protection.

* * * * *
    (b) Criteria for protective eye and face devices. (1) Protective
eye and face protection devices must comply with any of the following
consensus standards:
    (i) ANSI Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec.  1915.5;
    (ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face

Protection Devices, incorporated by reference in Sec.  1915.5; or
    (iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, incorporated by reference in Sec.
1915.5;
* * * * *

PART 1917--[AMENDED]

0
8. The authority citation for part 1917 continues to read as follows:

    Authority:  33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 7 FR 3912),as applicable; and 29 CFR 1911.
    Section 1917.28 also issued under 5 U.S.C. 553.
    Section 1917.29 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
    Source: 48 FR 30909, July 5, 1983, unless otherwise noted.
* * * * *
0
9. Amend Sec.  1917.3 by revising paragraphs (b)(6) through (b)(8) to
read as follows:

Sec.  1917.3  Incorporation by reference.

* * * * *
    (b) * * *
    (6) ANSI Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, approved April 13, 2010; IBR approved for
Sec.  1917.91(a)(1)(i)(A). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, approved June 19, 2003; IBR approved for Sec.
1917.91(a)(1)(i)(B). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection; IBR approved for Sec.
1917.91(a)(1)(i)(C). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
* * * * *

Subpart E--[Amended]

0
10. Amend Sec.  1917.91 by revising paragraph (a)(1)(i) to read as
follows:

Sec.  1917.91  Eye and face protection.

    (a)(1)(i) The employer shall ensure that each affected employee
uses protective eye and face protection devices that comply with any of
the following consensus standards:
    (A) ANSI Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec.  1917.3;
    (B) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec.  1917.3; or
    (C) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, incorporated by reference in Sec.
1917.3;
* * * * *

PART 1918--[AMENDED]

0
11. The authority citation for part 1918 is revised to read as follows:

    Authority:  33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR 1911.
    Section 1918.90 also issued under 5 U.S.C. 553.
    Section 1918.100 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
    Source: 62 FR 40202, July 25, 1997, unless otherwise noted.

0
12. Amend Sec.  1918.3 by revising paragraphs (b)(6) through (b)(8) to
read as follows:

Sec.  1918.3  Incorporation by reference.

* * * * *
    (b) * * *
    (6) ANSI Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, approved April 13, 2010; IBR approved for
Sec.  1918.101(a)(1)(i)(A). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, approved June 19, 2003; IBR approved for Sec.
1918.101(a)(1)(i)(B). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection; IBR approved for Sec.
1918.101(a)(1)(i)(C). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
* * * * *

Subpart J--[Amended]

0
13. Amend Sec.  1918.101 by revising paragraph (a)(1)(i) to read as
follows:

Sec.  1918.101  Eye and face protection.

    (a) * * *
    (1)(i) Employers must ensure that each employee uses appropriate
eye and/or face protection when the

employee is exposed to an eye or face hazards, and that protective eye
and face devices comply with any of the following consensus standards:
    (A) ANSI Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec.  1918.3;
    (B) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec.  1918.3; or
    (C) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, incorporated by reference in Sec.
1918.3
* * * * *

PART 1926--[AMENDED]

Subpart A--General [Amended]

0
14. The authority citation for subpart A of part 1926 continues to read
as follows:

    Authority:  40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 5-
2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or
1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.

0
15. Amend Sec.  1926.6 as follows:
0
a. Revise paragraph (h)(31);
0
b. Redesignate paragraphs (h)(32) thru (h)(34) as (h)(34) thru (h)(36);
0
c. Add new paragraphs (h)(32) and (h)(33).
    The revisions and additions read as follows:

Sec.  1926.6  Incorporation by reference.

* * * * *
    (h) * * *
    (31) ANSI Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, approved April 13, 2010; IBR approved for
Sec.  1926.102(b)(1)(i). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (32) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, approved June 19, 2003; IBR approved for Sec.
1926.102(b)(2)(ii). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (33) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection; IBR approved for Sec.
1926.102(b)(2)(iii). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
* * * * *

Subpart E--[Amended]

0
16. Revise the authority citation for subpart E of part 1926 to read as
follows:

    Authority:  40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 5-
2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or
1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.

0
17. Amend Sec.  1926.102 as follows:
0
a. Revise paragraphs (a)(1) thru (a)(4).
0
b. Delete paragraphs (a)(5), (a)(7), (a)(8) and Table E-1.
0
c. Redesignate paragraph (a)(6) as (a)(5) and Tables E-2 and E-3 as
Tables E-1 and E-2 .
0
d. Revise paragraph (b).
0
e. Add paragraph (c).
    The additions and revisions read as follows:

Sec.  1926.102  Eye and face protection.

    (a) General requirements. (1) The employer shall ensure that each
affected employee uses appropriate eye or face protection when exposed
to eye or face hazards from flying particles, molten metal, liquid
chemicals, acids or caustic liquids, chemical gases or vapors, or
potentially injurious light radiation.
    (2) The employer shall ensure that each affected employee uses eye
protection that provides side protection when there is a hazard from
flying objects. Detachable side protectors (e.g. clip-on or slide-on
side shields) meeting the pertinent requirements of this section are
acceptable.
    (3) The employer shall ensure that each affected employee who wears
prescription lenses while engaged in operations that involve eye
hazards wears eye protection that incorporates the prescription in its
design, or wears eye protection that can be worn over the prescription
lenses without disturbing the proper position of the prescription
lenses or the protective lenses.
    (4) Eye and face PPE shall be distinctly marked to facilitate
identification of the manufacturer.
* * * * *
    (b) Criteria for protective eye and face protection. (1) Protective
eye and face protection devices must comply with any of the following
consensus standards:
    (i) ANSI Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec.  1926.6;
    (ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec.  1926.6; or
    (iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, incorporated by reference in Sec.
1926.6;
    (2) Protective eye and face protection devices that the employer
demonstrates are at least as effective as protective eye and face
protection devices that are constructed in accordance with one of the
above consensus standards will be deemed to be in compliance with the
requirements of this section.
    (c) Protection against radiant energy--(1) Selection of shade
numbers for welding filter. Table E-1 shall be used as a guide for the
selection of the proper shade numbers of filter lenses or plates used
in welding. Shades more dense than those listed may be used to suit the
individual's needs.

   Table E-1--Filter Lens Shade Numbers for Protection Against Radiant
                                 Energy
------------------------------------------------------------------------
              Welding operation                        Shade No.
------------------------------------------------------------------------
Shielded metal-arc welding \1/16\-, \3/32\-,   10.
 \1/8\-, \5/32\-inch diameter electrodes.
Gas-shielded arc welding (nonferrous) \1/16\-  11.
 , \3/32\-, \1/8\-, \5/32\-inch diameter
 electrodes.
Gas-shielded arc welding (ferrous) \1/16\-,    12.
 \3/32\-, \1/8\-, \5/32\-inch diameter
 electrodes.

Shielded metal-arc welding \3/16\-, \7/32\-,   12.
 \1/4\-inch diameter electrodes.
\5/16\-, \3/8\-inch diameter electrodes......  14.
Atomic hydrogen welding......................  10-14.
Carbon-arc welding...........................  14.
Soldering....................................  2.
Torch brazing................................  3 or 4.
Light cutting, up to 1 inch..................  3 or 4.
Medium cutting, 1 inch to 6 inches...........  4 or 5.
Heavy cutting, over 6 inches.................  5 or 6.
Gas welding (light), up to \1/8\-inch........  4 or 5.
Gas welding (medium), \1/8\-inch to \1/2\-     5 or 6.
 inch.
Gas welding (heavy), over \1/2\-inch.........  6 or 8.
------------------------------------------------------------------------

    (2) Laser protection. (i) Employees whose occupation or assignment
requires exposure to laser beams shall be furnished suitable laser
safety goggles which will protect for the specific wavelength of the
laser and be of optical density (O.D.) adequate for the energy
involved. Table E-2 lists the maximum power or energy density for which
adequate protection is afforded by glasses of optical densities from 5
through 8.

                 Table E-2--Selecting Laser Safety Glass
------------------------------------------------------------------------
                                                        Attenuation
                                                  ----------------------
Intensity, CW maximum power density (watts/cm\2\)   Optical
                                                    density  Attenuation
                                                    (O.D.)      factor
------------------------------------------------------------------------
10-2.............................................         5        10\5\
10-1.............................................         6        10\6\
1.0..............................................         7        10\7\
10.0.............................................         8        10\8\
------------------------------------------------------------------------

    Output levels falling between lines in this table shall require the
higher optical density.
    (ii) All protective goggles shall bear a label identifying the
following data:
    (A) The laser wavelengths for which use is intended;
    (B) The optical density of those wavelengths;
    (C) The visible light transmission.

[FR Doc. 2015-05521 Filed 3-12-15; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Pages 30194-30196]
[FR Doc No: E9-14800]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60130; File No. SR-CBOE-2009-038]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of Proposed Rule Change Related to the
Complex Order Book

June 17, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 16, 2009, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the CBOE.
The Commission is publishing this notice to solicit

comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The CBOE proposes to amend Rule 6.53C, ``Complex Orders on the
Hybrid System,'' with respect to order and quote types that may be
entered to trade against orders in the complex order book (``COB'')
system. The text of the proposed rule change is available on the
Exchange's Web site at (http://www.cboe.org/Legal), at the CBOE's
Office of the Secretary, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Under Rule 6.53C(c)(1), the Exchange determines which classes and
which complex order origin types (i.e., non-broker-dealer public
customer, broker-dealers that are not Market-Makers or specialists on
an options exchange, and/or Market-Makers or specialists on an options
exchange) are eligible for entry into the COB and whether such complex
orders can route directly to the COB and/or from PAR to the COB.
Complex orders not eligible to route to COB (either directly or from
PAR to COB) route to PAR. In addition, Rule 6.53C(c)(ii)(3) provides in
relevant part that market participants, as defined in Rule 6.45A or
6.45B, may submit orders or quotes to trade against orders resting in
the COB.
    Depending on the particular option class, orders and quotes
submitted by market participants may or may not be eligible to rest in
COB. For example, the Exchange may determine for a particular option
class that only non-broker-dealer public customer and broker-dealers
that are not Market-Makers or specialists on an options exchange are
eligible to rest in COB. For that class, Market-Maker orders and quotes
would not be eligible to rest in COB, but may be submitted to trade
against orders resting in COB pursuant to subparagraph (c)(ii)(3).
    Currently, market participants whose orders and quotes are not
eligible to rest in COB but who wish to trade against orders resting in
the COB may enter limit orders using an immediate-or-cancel (``IOC'')
contingency to avoid resting in COB. Alternatively, if an IOC
contingency is not used, a market participant needs to cancel any
remaining volume for a limit order or quote after the limit order or
quote trades against an order resting in COB.
    The Exchange now proposes to amend Rule 6.53C(c)(ii)(3) to provide
that market participants entering orders or quotes that are not
eligible to rest in the COB may only enter IOC orders, and such other
order or quote types as the Exchange may determine on a class-by-class
basis, to trade against orders resting in the COB. For orders types
that are not eligible to rest in or trade against the COB, the orders
will be automatically routed to PAR or at the order entry firm's
discretion to the order entry firm's booth. For quotes types that are
not eligible to rest in or trade against the COB, the quotes will be
automatically cancelled. In this regard, the Exchange notes that only
Market-Makers may enter quotes. The Exchange also notes that, should
the Exchange determine that Market-Maker quotes are not eligible to
rest in or trade against the COB, Market-Makers would at a minimum be
permitted to submit IOC orders to trade against the COB.
    Finally, the Exchange is also proposing changes to the text of Rule
6.53C(c)(i) to clarify that complex orders not eligible to rest in or
trade against the COB will route to PAR or at the order entry firm's
discretion to the order entry firm's booth. Currently the rule text in
this subparagraph only references that such orders will route to PAR.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \3\ in general and furthers the objectives
of Section 6(b)(5) of the Act \4\ in particular in that it is designed
to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. In particular, the Exchange believes that the addition of the
new functionality further automates the handling of complex orders and
quotes in accordance with the requirements of Rule 6.53C.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2009-038 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2009-038. This file
number should be included on the

subject line if e-mail is used. To help the Commission process and
review your comments more efficiently, please use only one method. The
Commission will post all comments on the Commission's Internet Web site
(http://www.sec.gov/rules/sro.shtml). Copies of the submission, all
subsequent amendments, all written statements with respect to the
proposed rule change that are filed with the Commission, and all
written communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Room, 100 F Street, NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of the CBOE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-CBOE-2009-038 and should be submitted on or before July
15, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-14800 Filed 6-23-09; 8:45 am]
BILLING CODE 8010-01-P