ensure that a grounding device is used to prevent the accumulation of
static electricity. This provision is equivalent to and replaces
existing paragraph (g)(3)(iv)(a) and is consistent with paragraph
5.3.4(1) of the 2001 edition of NFPA 495 (Ex. 2-5).
    Proposed paragraph (g)(3)(iv)(C) would require the employer to
ensure that the discharge hose used has a resistance range sufficient
to prevent conducting stray currents, yet is conductive enough to bleed
off static electricity buildup. The provision is equivalent to and
replaces existing paragraph (g)(3)(iv)(b) and is consistent with
paragraph 5.3.4(2) of the 2001 edition of NFPA 495 (Ex. 2-5).
    Proposed paragraph (g)(3)(v) proposes requirements for repairs to
bulk delivery vehicles. Paragraph (g)(3)(v)(A) would prohibit hot work
from being performed, or open flames used, on or around any part of the
bulk delivery vehicle until all blasting agents and their ingredients
have been removed and the vehicle has been completely washed down. This
provision is similar to existing paragraph (g)(3)(v)(a) and paragraph
5.3.5(1) of the 2001 edition of NFPA 495 (Ex. 2-5) except in two areas.
First, the existing paragraph and the NFPA standard use the term
``welding'' whereas the proposed paragraph uses the term ``hot work.''
As discussed above in the explanation of proposed paragraph (b), ``hot
work'' means any work involving electric or gas welding, cutting,
brazing, or similar flame or spark-producing operations. Thus, ``hot
work'' includes welding but is a more general term. Use of the term
``hot work'' in the proposed paragraph broadens the protective scope of
the provision and is consistent with the use of the term in other parts
of the proposed standard. Second, the existing language requires that
welding must not be performed unless ``all oxidizer material'' has been
removed. The proposed language is more general in that it requires
``all blasting agents and their ingredients'' be removed before hot
work is performed. Again, the language of the proposed paragraph
broadens the protective scope of the provision. OSHA believes that the
broader language in proposed paragraph (g)(3)(v)(A) provides greater
safety for employees. Similar language for this proposed provision was
recommended by the Petition (Ex. 2-1).
    Proposed paragraph (g)(3)(v)(B) would require the employer to
ensure that before welding or repairing hollow shafts of equipment, all
blasting agents and their ingredients are removed from the outside and
inside of the shaft and the shaft is vented through an opening at least
one-half inch in diameter. The proposed language is similar to and
replaces existing paragraph (g)(3)(v)(b) and is consistent with
paragraph 5.3.5(2) of the 2001 edition of NFPA 495 (Ex. 2-5). However,
the proposed language is more specific than the existing language by
requiring that ``all blasting agents and their ingredients be
removed.'' The existing language only requires that the shaft be
thoroughly cleaned but does not specify what is to be removed. OSHA
believes the proposed language is more understandable and increases
workplace safety by explicitly requiring that all blasting agents and
their ingredients must be removed before such welding or repair work.
    Existing paragraphs (g)(4)(v), (g)(4)(vi), and (g)(5) (except for
(g)(5)(v) and (vi)) are not retained in the proposed standard because
they deal with issues covered by ATF regulations at 27 CFR part 555
subpart K (see preamble discussion above on preemption of storage
requirements in Sec.  1910.109 by ATF's regulations). Existing
paragraphs (g)(5)(v) and (vi) are retained in the proposed standard in
proposed paragraphs (d)(2)(ii)(B) and (g)(1)(i)(B), respectively (see
the preamble discussion above on these two proposed paragraphs for a
detailed explanation).
    Existing paragraph (g)(7) requires persons using blasting agents to
comply with all applicable provisions of existing paragraph (e), Use of
explosives and blasting agents. With the redefining of explosives in
the proposed standard to include blasting agents, existing paragraph
(g)(7) becomes redundant and therefore is not retained in the proposed
rule.
    Paragraph (h) Small arms ammunition, small arms primers, and
smokeless propellants. The requirements of proposed paragraph (h) are
very similar to the requirements in existing paragraph (j). Most of the
revisions have been made to make proposed paragraph (h) consistent with
the 2001 edition of NFPA 495.
    Small arms ammunitions are finished consumer products that pose
lesser hazards to employees when compared with most other forms of
explosives. There are very small quantities of explosive matter sealed
in the ammunition shells which, when inadvertently detonated (except
when confined as in the firing chamber of a weapon), do not constitute
a substantial projection or mass explosion hazard. Therefore, the safe
storage and transportation requirements for small arms ammunition are
different from other explosives.
    Proposed paragraph (h)(1) states that proposed paragraph (h) does
not apply to in-process temporary storage during the manufacture of
small arms ammunition, small arms primers, and smokeless propellants.
This is similar to and replaces existing paragraph (j)(1) except that
the proposed language uses the phrase ``temporary in-process storage''
whereas the existing language only uses the phrase ``in-process
storage.'' The term ``temporary'' has been added to emphasize that in-
process storage is limited to storage which is temporary in nature and
is an integral and indispensable part of the manufacturing process.
However, proposed paragraph (h) does apply to the non-temporary storage
of small arms ammunition, small arms primers, and smokeless
propellants. In addition, existing paragraph (j)(1) states that
existing paragraph (j) does not apply to the intraplant transportation
during the manufacture of small arms ammunition, small arms primers,
and smokeless propellants. This provision has not been retained in the
proposed paragraph because none of the requirements in proposed
paragraph (h) apply to such intraplant transportation.
    Existing paragraph (j)(2)(i) contains a requirement that states:
``No quantity limitations are imposed on the storage of small arms
ammunition in warehouses, retail stores, and other general occupancy
facilities, except those imposed by limitations of storage
facilities.'' This statement has not been included in proposed
paragraph (h) because it is not mandatory in the existing paragraph and
does not improve employee safety.
    Proposed paragraph (h)(2) would require the employer to ensure that
small arms ammunition is separated from flammable liquids, flammable
solids, and oxidizing materials by a fire barrier wall with at least a
1-hour fire resistance rating or by a distance of at least 25 feet. The
proposed requirement replaces the existing paragraph (j)(2)(ii). The
existing provision defines ``flammable solid'' in terms of the
classification used by DOT. The proposed rule has dropped the reference
to DOT's classification because ``flammable solid'' is defined in
OSHA's Hazard Communication standard at Sec.  1910.1200.

    Issue #17: Although proposed paragraph (h)(2) is consistent with
paragraph 923 of the 1970 edition of NFPA 495 (Ex. 2-13), it is not
consistent with paragraph 13.2.3 of the 2001 edition of NFPA 495 (Ex.
2-5). In the 2001 edition, NFPA has reduced the separation distance
from 25 to 15 feet. This reduction in distance may reduce employee
protection. OSHA requests specific comments on whether the minimum
separation distance between small arms ammunition and flammable
liquids, flammable solids, and oxidizing materials should remain 25
feet, be reduced to 15 feet, or be changed to some other distance.
    Existing paragraph (j)(2)(iii), which addresses small arms
ammunition storage with Class A and Class B explosives, has not been
retained in the proposed rule because it is already covered by ATF
storage regulations (27 CFR part 555 subpart K) and OSHA does not want
to duplicate the regulations of other federal agencies.
    Proposed paragraph (h)(3) sets forth requirements for smokeless
propellants. Paragraph (h)(3)(i)(A) would require the employer to
ensure that all smokeless propellants be stored in shipping containers
in accordance with DOT regulations at 49 CFR part 173 for smokeless
propellants. The proposed provision is consistent with paragraph 13.3.6
of the 2001 edition of NFPA 495 (Ex. 2-5) and substantially the same as
existing paragraph (j)(3)(i).
    Paragraph (h)(3)(i)(B) would require the employer to ensure that no
more than 20 pounds of smokeless propellants, in containers not to
exceed 1 pound, are displayed in a commercial establishment. The
existing standard does not have any provisions restricting the quantity
of smokeless propellants that may be displayed in commercial
establishments. On March 31, 1972, OSHA revised Sec.  1910.109 to
include the following language: ``Not more than 20 pounds of smokeless
propellants, in containers of 1 pound maximum capacity, shall be
displayed in commercial establishments'' (37 FR 6577). This is
identical to the intent of proposed paragraph (h)(3)(i)(B). However, on
October 24, 1978, OSHA removed this language from the explosives
standard because it believed it addressed public safety requirements
that are subject to the control of local building and fire code
officials (43 FR 49726). While OSHA agrees that the provision did cover
a public safety issue, it now believes that it also addressed an
employee safety issue because employees in commercial establishments
that display smokeless propellants are often in close proximity to the
propellants. OSHA believes that having no restriction on the quantity
of smokeless propellants that can be displayed in commercial
establishments is contrary to employee safety. Therefore, OSHA is
reinstating this provision in the proposed standard as paragraph
(h)(3)(i)(B).
    Issue #18: Although proposed paragraph (h)(3)(i)(B) is consistent
with paragraph 937 of the 1970 edition of NFPA 495 (Ex. 2-13), it is
not consistent with paragraph 13.3.8 of the 2001 edition of NFPA 495
(Ex. 2-5), which allows not more than 50 pounds of smokeless
propellants to be displayed in a commercial establishment. The 1970
edition appears to provide greater employee safety. OSHA requests
specific comments on whether there should be a weight restriction for
the display of smokeless propellants in commercial establishments and,
if so, whether the maximum weight limit should be 20 pounds, 50 pounds,
or some other quantity.
    Proposed paragraph (h)(3)(ii) sets forth storage requirements for
commercial stocks of smokeless propellants. Proposed paragraph
(h)(3)(ii)(A) would require the employer to ensure that quantities of
smokeless propellants over 20 pounds and not exceeding 100 pounds be
stored in portable wooden boxes having walls at least 1 inch thick.
    Issue #19: Proposed paragraph (h)(3)(ii)(A) is not consistent with
paragraph 13.3.9(1) of the 2001 edition of NFPA 495 (Ex. 2-5) which
requires commercial stocks of smokeless propellants exceeding 50 pounds
but not over 100 pounds to be stored in portable wooden boxes having
walls at least 1 inch thick. The weight restrictions in proposed
paragraph (h)(3)(ii)(A) are the same as in paragraph 937 of the 1970
edition of NFPA 495 (Ex. 2-13) and in existing paragraph (j)(3)(iii)
(i.e., over 20 pounds but not over 100 pounds). Thus they appear to
provide better employee protection than the 2001 edition of NFPA 495.
OSHA requests comments on whether the weight restrictions should be
over 20 pounds but not over 100 pounds, over 50 pounds but not over 100
pounds, or some other range of weights. In addition, OSHA seeks
comments on whether it should allow storage of quantities of 20 to 100
pounds in either portable wooden containers or non-portable cabinets.
    Paragraph (h)(3)(ii)(B) would require the employer to ensure that
quantities of smokeless propellants over 100 pounds and not exceeding
750 pounds are stored in non-portable cabinets having walls at least 1
inch thick. Paragraph (h)(3)(ii)(B)(1) would require that not more than
400 pounds be permitted to be stored in any one non-portable cabinet,
and paragraph (h)(3)(ii)(B)(2) would require non-portable cabinets be
separated by a distance of at least 25 feet or by a fire barrier wall
with at least a 1-hour fire resistance rating. Proposed paragraphs
(h)(3)(ii)(B) and (h)(3)(ii)(B)(1) are similar to existing paragraph
(j)(3)(iv). Proposed paragraph (h)(3)(ii)(B)(2) is a new requirement
that OSHA believes would increase employee safety and is contained in
paragraph 13.3.9(2) of the 2001 edition of NFPA 495 (Ex. 2-5).
    Issue #20: Proposed paragraph (h)(3)(ii)(B) is not consistent with
paragraph 13.3.9(2) of the 2001 edition of NFPA 495 (Ex. 2-5), insofar
as the NFPA provision requires commercial stocks of smokeless
propellants exceeding 100 pounds but not over 800 pounds to be stored
in nonportable storage cabinets having walls at least 1 inch thick. The
weight restrictions in proposed paragraph (h)(3)(ii)(B) (over 100
pounds but not over 750 pounds) are the same as in paragraph 937 of the
1970 edition of NFPA 495 (Ex. 2-13). Thus they appear to provide better
employee protection than the 2001 edition of NFPA 495. OSHA requests
comments on whether the weight restrictions for the storage of
commercial stocks of smokeless propellants should be over 100 pounds
but not over 750 pounds, over 100 pounds but not over 800 pounds, or
some other range of weights.
    Paragraph (h)(3)(ii)(C) would require the employer to ensure that
quantities of smokeless propellants over 750 pounds and not exceeding
5,000 pounds are stored in a building only if the requirements in
proposed provisions (h)(3)(ii)(C)(1) through (h)(3)(ii)(C)(7) are met.
These proposed provisions are new and offer an alternate means of
compliance to existing paragraph (j)(3)(v) for commercial stocks of
smokeless propellants over 750 pounds but less than 5,000 pounds. If
the quantity of smokeless propellants is greater than 750 pounds, and
the provisions in proposed paragraph (h)(3)(ii)(C)(1) through (7) are
not met, storage in accordance with the proposed (h)(3)(iii) is
required. If the quantity of smokeless propellants is over 5000 pounds,
then the storage requirements in proposed paragraph (h)(3)(iii) must be
met.
    Paragraph (h)(3)(ii)(C)(1) would require that the warehouse or
storage room not be accessible to unauthorized personnel. Paragraph
(h)(3)(ii)(C)(2) would require that smokeless propellants be stored in
nonportable

storage cabinets having wood walls at least 1 inch thick and having
shelves with no more than 3 feet of separation between shelves.
Paragraph (h)(3)(ii)(C)(3) would require that no more than 400 pounds
be stored in any one cabinet. Paragraph (h)(3)(ii)(C)(4) would require
that cabinets be located against the walls of the storage room or
warehouse. Paragraph (h)(3)(ii)(C)(5) would require the cabinets to be
at least 40 feet apart. It further allows that the separation between
cabinets shall be permitted to be reduced to 20 feet where barricades
twice the height of the cabinets are attached to the wall midway
between each cabinet and the barricades extend at least 10 feet
outward, and are constructed of either 1/4-inch boiler plate, 2-inch
thick wood, brick, or concrete block. Paragraph (h)(3)(ii)(C)(6) would
require that smokeless propellants be separated from flammable liquids,
flammable solids, and oxidizing materials by a distance of at least 25
feet or by a fire barrier wall with at least a 1-hour fire resistance
rating. Paragraph (h)(3)(ii)(C)(7) would require that the building be
protected by an automatic sprinkler system installed in accordance with
Sec.  1910.159. Proposed paragraphs (h)(3)(ii)(C)(1) to (7) are based
on paragraphs 13.3.9(3)(a) to (g) of the 2001 edition of NFPA 495 (Ex.
2-5). OSHA believes that the level of safety provided by these
requirements in proposed paragraph (h)(3)(ii)(C) would provide an
equivalent level of employee safety to existing paragraph (j)(3)(v).
    Paragraph (h)(3)(iii) would require the employer to ensure that
smokeless propellants exceeding 5,000 pounds or not stored in
accordance with proposed paragraphs (h)(3)(ii)(A) through (C) of this
section are stored in a Type 4 magazine in accordance with ATF
regulations for the storage of explosives (27 CFR 555.203 and 555.210).
Proposed paragraph (h)(3)(iii) is equivalent to existing paragraph
(j)(3)(v) except that it also covers the new requirements in proposed
paragraph (h)(3)(ii)(C) for quantities over 750 pounds but not
exceeding 5,000 pounds.
    Proposed paragraph (h)(4) sets forth requirements for small arms
ammunition primers. Paragraph (h)(4)(i)(A) would require the employer
to ensure that small arms ammunition primers be stored in shipping
containers in accordance with the applicable regulations of DOT (49 CFR
chapter I) (Ex. 2-8). This is substantially the same as existing
paragraph (j)(4)(i).
    Paragraph (h)(4)(i)(B) would require the employer to ensure that
small arms ammunition primers be separated from flammable liquids,
flammable solids, and oxidizing materials by a fire barrier wall with
at least a 1-hour fire resistance rating or by a distance of at least
25 feet. The proposed requirement is similar to existing paragraph
(j)(4)(iii) and is consistent with paragraph 13.5.6(2)(f) of the 2001
edition of NFPA 495 (Ex. 2-5). The existing provision defines
``flammable solid'' in terms of the classification used by DOT. The
proposed rule has dropped the reference to DOT's classification because
``flammable solid'' is defined in OSHA's Hazard Communication standard
at Sec.  1910.1200.
    Paragraph (h)(4)(i)(C) would require the employer to ensure that no
more than 10,000 small arms primers be displayed in a commercial
establishment. This requirement is in accordance with paragraph 13.5.5
of the 2001 edition of NFPA 495 (Ex. 2-5). In a notice published in the
Federal Register on October 24, 1978 (43 FR 49726), OSHA revoked a
similar provision that it believed addressed public safety requirements
subject to the control of local building and fire code officials. As
with proposed paragraph (h)(3)(i)(B) discussed above, OSHA agrees that
this is a public safety issue but believes that it is also an employee
safety issue because employees, as well as the public, can be near
primers in a commercial establishment that displays them. Limiting
display quantities of small arms primers protects such employees.
Therefore, a display limitation is included in proposed paragraph
(h)(4)(i)(C).
    Issue #21: Proposed paragraphs (h)(3)(i)(B) and (h)(4)(i)(C) place
restrictions on the quantity of smokeless propellants and small arms
primers, respectively, that can be displayed in commercial
establishments. Should OSHA further clarify the quantity limitations
for smokeless propellants and small arms primers to allow multiple
displays in commercial establishments? If so, what quantities should be
allowed and should the quantities be based on the size of the
commercial establishment? Should there be a minimum distance between
displays to ensure employee safety? Should the same limitations placed
on commercial establishments also apply to gun shows?
    Proposed paragraph (h)(4)(ii) sets forth requirements for
commercial stocks of small arms primers. Paragraph (h)(4)(ii)(A)(1) and
(2) would require the employer to ensure that, when quantities of
750,000 or less are stored in a building, not more than 100,000 are
stored in any one pile and the piles are at least 15 feet (4.6 m)
apart. The proposed provisions are equivalent to and replace existing
paragraph (j)(4)(iv) and are in accordance with paragraph 13.5.6(1) of
the 2001 edition of NFPA 495 (Ex. 2-5).
    Paragraph (h)(4)(ii)(B) would require the employer to ensure that
quantities of small arms ammunition primers in excess of 750,000 are
stored in a building only if it meets the requirements in proposed
paragraphs (h)(4)(ii)(B)(1) through (h)(4)(ii)(B)(7).
    Paragraph (h)(4)(ii)(B)(1) would require that the warehouse or
storage room not be accessible to unauthorized personnel. Paragraph
(h)(4)(ii)(B)(2) would require primers to be stored in cabinets with no
more than 200,000 primers stored in any one cabinet. Paragraph
(h)(4)(ii)(B)(3) would require that shelves in cabinets have a vertical
separation of at least 2 feet. Paragraph (h)(4)(ii)(B)(4) would require
cabinets to be located against the walls of the warehouse or storage
room. Paragraph (h)(4)(ii)(B)(5) would require the cabinets be at least
40 feet apart. It further allows that the separation between cabinets
may be reduced to 20 feet where barricades twice the height of the
cabinets are firmly attached to the wall midway between each cabinet
and the barricades extend at least 10 feet outward and are constructed
of either \1/4\-inch boiler plate, 2-inch thick wood, brick, or
concrete block. Paragraph (h)(4)(ii)(B)(6) would require primers to be
separated from materials classified by DOT as flammable liquids,
flammable solids, and oxidizing materials by a distance of at least 25
feet or by a fire barrier wall with at least a 1-hour fire resistance
rating. Paragraph (h)(4)(ii)(B)(7) would require the building to be
protected by an automatic sprinkler system installed in accordance with
Sec.  1910.159. Proposed paragraphs (h)(4)(ii)(B)(1) to (7) are based
on paragraph 13.5.6(2) of the 2001 edition of NFPA 495 (Ex. 2-5). These
proposed paragraphs are all new and offer an alternate means of
compliance to existing paragraph (j)(4)(v), which requires primers in
excess of 750,000 to be stored in magazines. OSHA believes that the
level of safety provided by these alternative requirements would
provide an equivalent level of employee safety as the existing
paragraphs (j)(4)(iv) and (j)(4)(v).
    Proposed paragraph (h)(4)(iii) would require the employer to ensure
that small arms ammunition primers that are not stored in accordance
with proposed paragraph (h)(4)(ii) be stored in a magazine in
accordance with ATF regulations for the storage of explosives (27 CFR
555.203 and 555.210).
    Issue #22: Paragraph 14.1.6 of the 2006 edition of NFPA 495 (Ex. 2-
21)

requires that: ``The bulk repackaging of small arms ammunition,
primers, smokeless propellants, or Black Powder propellants shall not
be performed in retail stores.'' The proposed standard does not contain
this requirement. Should it be included in the standard to protect the
safety of employees and, if so, why?
    Paragraph (i) Pyrotechnics. Proposed paragraph (i) is reserved for
the future development of pyrotechnic regulations. The existing
standard has no separate requirements for pyrotechnics, although they
are covered, where applicable, by the general explosives provisions of
the proposed standard as well as other existing OSHA standards, such as
Sec.  1910.119, Process safety management.
    Paragraph (j) Training. Proposed paragraph (j) is new and contains
proposed training requirements for employees in the explosives
industry. OSHA believes that the proposed training requirements will
enhance the workplace safety benefits resulting from the proposal's
safety provisions. This paragraph has been written to clearly state
what training is required and to avoid overlapping training
requirements with other standards.
    Paragraph (j)(1) would require the employer to provide information
and training on safe work practices for each employee prior to or at
the time of the employee's initial job assignment involving the
manufacture, storage, sale, transportation, handling, or use of
explosives, including repair or maintenance of related facilities and
equipment. An equivalent training requirement is contained in OSHA's
hazard communication standard at Sec.  1910.1200(h)(1).
    Paragraph (j)(2) would require the employer to ensure that the
training provided under proposed paragraph (j) is specific to each
employee's unique work duties. It is not the intent of OSHA that each
employee should be trained in all aspects of an operation. However,
every employee needs to be trained to do his or her specific job
safely.
    Paragraph (j)(3) would reinforce the training requirements in Sec.
1910.1200, the Hazard Communication standard, and further requires the
employer to inform each employee of the requirements in Sec.  1910.109
that apply to the employee's work duties. Employers must also make
available to employees a copy of the Sec.  1910.109 standard. This will
help employees to be better informed about workplace hazards involving
explosives.
    Paragraph (j)(4) would require employers to train employees in
safety practices, including applicable emergency procedures, that
relate to their work involving explosives and are necessary for their
safety. OSHA is proposing this paragraph because it believes that
training in safety practices, including applicable emergency
procedures, enhances workplace safety.
    Paragraph (j)(5) would require the employer to retrain employees as
necessary to ensure that each employee has the requisite proficiency in
the relevant safe work practices whenever there are workplace changes,
such as the institution of new or modified procedures or products.
Workplace changes can create new safety hazards to employees. OSHA
believes that, when such changes create new workplace hazards,
retraining is necessary to ensure employee safety and health.
    Paragraph (j)(6) would require the employer to conduct retraining
whenever the employer has reason to believe that there are inadequacies
in the employee's knowledge or performance of safe work practices.
These reasons may include, but are not limited to, observation of
unsafe work practices and errors in operating procedures. Considering
the potential catastrophic impact of unsafe work practices in the
explosives industry, such unsafe work practices or habits need to be
detected and corrected as soon as possible before a tragedy occurs.
    Paragraph (j)(7) would require the employer to provide information
and training in a manner that is understandable to each employee.
Differences in language, reading capabilities, and physical challenges
may create communication issues in a workplace. It is essential that
employers adapt their training methods so that individual employees
comprehend the information and training provided.
    Paragraph (j)(8) would require the employer to determine that each
employee has demonstrated proficiency in all aspects of the required
training. Such demonstrations help to identify comprehension
deficiencies or training failures so they can be corrected in a prompt
manner.
    Paragraph (j)(9) would state that an employer is deemed to be in
compliance with a training provision in proposed paragraph (j) of this
section for an employee if an identical training provision has been
satisfied for that employee under Sec.  1910.1200, Hazard Communication
or DOT training requirements (49 CFR part 172) (Ex. 2-8). This
provision is consistent with OSHA's goal that duplicative training
efforts are not required.
    All existing ``reserved'' paragraphs in Sec.  1910.109 would be
eliminated in the proposed standard. These existing paragraphs are:
(a)(5), (a)(9), (a)(11), (c)(3)(viii), (d)(1)(ii), (d)(2)(ii)(b),
(e)(4)(i), (g)(2)(i), (g)(6)(v), (h)(3)(i), (i)(1)(ii)(a), (j)(3)(ii),
and (j)(4)(ii).
    OSHA is proposing to revise the definition of explosives in OSHA's
hazard communication standard at Sec.  1910.1200 by replacing it with
the definition of explosives in paragraph (b) of the proposed standard.
This revision of the definition of explosives in the hazard
communication standard would not only make the definition consistent
with the one used in the proposed standard, it would also make it
consistent with the definition of explosives used by DOT. As discussed
earlier, the definition in the proposed standard incorporates the
Globally Harmonized System of Classification and Labeling of Chemicals
(GHS). Thus, the revised definition of explosives in the hazard
communication standard would also incorporate the GHS.

IV. Preliminary Economic and Regulatory Screening Analysis

Overview

    The proposed rule would revise and update the provisions contained
in Sec.  1910.109 of the existing Subpart H standards. OSHA has
determined that this action is not a significant regulatory action
within the meaning of Executive Order 12866. In sum, the proposed rule
is anticipated to generate a maximum of $1.5 million in regulatory
costs annually. These costs will be at least partially, if not fully,
offset by cost savings that may be attributed to the de-regulatory
aspects of the proposed revision.
    The proposed requirements primarily update and clarify regulatory
language and address regulatory inconsistencies between OSHA and other
Federal agencies. A number of the new requirements are deregulatory in
nature, and will yield cost-savings relative to the existing standards.
For example, in cases where there is overlap between OSHA and other
agencies, the result of this action could potentially be a reduction in
regulatory burden as covered employers will no longer have to track and
comply with multiple sets of Federal regulations for explosives.
    OSHA has conducted detailed comparisons of the existing and
proposed rules in order to determine which provisions are expected to
increase compliance costs, which are expected to be neutral with
respect to costs, and which are expected to reduce employers'
regulatory burden. Generally, the cost-neutral changes to the existing
standard are changes that fall into two categories: (1) Clarifications

to the scope of the standard and (2) some of the overlaps with other
OSHA or Federal standards that have precedence over Sec.  1910.109. As
an example of the first category, proposed Sec.  1910.109(a)(3)(i)
explicitly excludes the construction industry, which is consistent with
the OSHA convention that a specific OSHA standard supersedes the more
general applicable standard. Activities occurring during construction
or demolition would be covered under the part 1926 construction
standards rather than the part 1910 general industry standards for
explosives and blasting agents. While the explicit exclusion of
construction improves clarity, it does not represent any change in
regulatory burden.
    Several provisions represent changes with deregulatory or cost-
saving features. For example, proposed paragraph (b) adds the
definition of a ``competent person,'' which is applied in proposed
paragraph (e)(1)(iii), replacing existing paragraph (d)(1)(iii). This
existing requirement states that ``proper and qualified supervision''
needs to be provided for transferring explosives from one vehicle to
another, which tends to infer that a supervisor may be required for
such a transfer. In the proposed standard, the competent person needed
to perform these duties need not be a supervisor, so there will be a
cost savings due to differential wage rates associated with the new
wording. These cost savings are estimated below. As a second example,
the labeling criteria for explosives in proposed paragraph (c)(5), by
recognizing the globally harmonized system criteria, may provide a cost
savings as these are the same criteria that DOT is using for the
transportation of explosives. This will help remove the need for having
two different sets of labeling for shipments overseas or within the
United States. The proposed rule also eliminates storage requirements.
Currently, the employer must follow the storage requirements for
explosives in Sec.  1910.109 and ATF's storage regulations in 27 CFR
part 555. Under the proposed rule, the employer would only have to
comply with the ATF regulations. This reduction in overlapping
regulations should result in cost savings for the employer.

Compliance Cost Estimates

    There are a few provisions in the proposed standard that may
potentially result in cost increases for affected employers.
Specifically, these relate to new general provisions in paragraph (c)
and new training provisions in paragraph (j), as described below. OSHA
estimates that the costs associated with complying with the provisions
in paragraph (c) would be $549,375 annually and the training provisions
in paragraph (j) would be $908,354 annually. OSHA believes that the
cost estimates presented below represent upper bound estimates since
the overwhelming majority of employers in the explosives industry are
subject to other explosives regulations in addition to Sec.  1910.109.
    In addition, provisions in current paragraphs (h)(3)(iv)(b) and (c)
that now apply only to water gels will apply to all blasting agents in
proposed paragraphs (g)(2)(ii)(E) and (F). OSHA believes that employers
are currently meeting the proposed requirements that both equipment and
handling procedures be designed to prevent the introduction of foreign
objects or materials and that mixers, pumps, valves, and related
equipment be designed to permit regular and periodic flushing,
cleaning, dismantling, and inspection. Thus, employers will not incur
new costs. OSHA welcomes comments on this assumption.

New General Provisions in Paragraph (c)

    The manufacturers of blasting agents may be affected by new
provisions that are contained in proposed paragraph (c). Specifically,
the provisions with potential cost implications are:
     Requiring that the primary electrical supply to a facility
containing explosives be able to be disconnected from a safe remote
location [proposed paragraph (c)(2)(i)];
     requiring the removal of explosive materials, prior to the
conduct of maintenance or repair activities, from the immediate area
where such activities are to take place [proposed paragraph (c)(4)(i)].
    These new provisions affect only areas where blasting agents
(explosives classified as Division 1.5 explosives) are manufactured or
loaded. Since the manufacturing of Division 1.1-1.4 explosives must
follow the Process Safety Management (PSM) standard requirements (which
already include these types of requirements), manufacturers of blasting
agents, who in general also manufacture other explosives, are already
likely to be in compliance with the proposed paragraph (c) provisions.
    Manufacturers of blasting agents are classified in the North
American Industry Classification System (NAICS) as code 325920,
Explosives Manufacturing. This classification includes all types of
explosives manufacturing, not just blasting agent manufacturing.
According to the U.S. Department of Commerce's (USDOC, 2003) 2001
County Business Patterns (CBP) database and as shown in Table 1, there
are 100 establishments with a total of 7,325 employees in NAICS 325920.
These include all types of explosives manufacturing, not just blasting
agents.
    OSHA estimates that the costs to comply with the above requirements
are a function of the size of the establishment. Larger establishments
typically: (1) Require a greater investment for disconnecting the
primary electrical supply to a facility from a remote location and (2)
have larger amounts of maintenance and repair activities where the
removal of explosive materials would be required. Thus, to account for
the size of the establishment, the compliance costs were expressed on a
per-employee basis.
    In OSHA's professional judgment, a reasonable estimate of the
annualized expenses associated with complying with these provisions is
$75 per employee. Thus, with 7,325 employees affected by the new
general provisions in paragraph (c), the aggregate annual costs of
complying with the provisions in (c) are estimated to be $549,375 for
all affected facilities. OSHA estimates that providing a remote way to
disconnect electricity to a facility would be about $25 per employee or
$250 for a facility with 10 employees. Other costs, such as labor costs
to remove explosive materials during maintenance and repair activities
are estimated to be $50 per employee. For a facility with 10 employees,
$500 translates into roughly 25 hours per year (or 2 hours per month)
at a wage rate of $20.44 for production and maintenance workers.\3\
This seemed reasonable for maintenance activities that occur during the
year. OSHA requests comments on these estimates.
---------------------------------------------------------------------------

    \3\ The hourly wage rate (including fringe benefits) is based on
the average hourly wage data for 2002 reported in the Bureau of
Labor Statistics (BLS) National Industry-Specific Occupational
Employment and Wage Estimates (BLS, 2003). The BLS wage data are
discussed in greater detail in estimating the costs associated with
new training requirements.
---------------------------------------------------------------------------

    These figures are considered to represent upper bound estimates for
several reasons. First, the above estimates assume that all explosive
manufacturers produce blasting agents, which is not likely to be the
case. Second, not all employees at all facilities are involved in
making blasting agents. Third, many manufacturers of blasting agents
also manufacture other explosives and are already likely to be in
compliance with these new requirements in the buildings where the other
explosives are handled, since they are subject to PSM

requirements. Finally, the above requirements represent IME or NFPA
recommended practices, which many manufacturers follow voluntarily.

New Training Provisions in Paragraph (j)

    The new training requirements include the following:
     Providing information and training on safe work practices
for each employee prior to or at the time of the employee's initial job
assignment involving the manufacture, storage, sale, transportation,
handling, or use of explosives, including repair or maintenance of
facilities and related equipment;
     ensuring that the training provided is specific to each
employee's unique work duties;
     in addition to the information and training requirements
of Sec.  1910.1200, Hazard Communication, informing each employee of
the requirements of this section that apply to the employee's work
duties and making a copy of the standard available to the employee;
     training employees in any safety practices, including
applicable emergency procedures that relate to their work and are
necessary for their safety;
     whenever there are workplace changes, such as the
institution of new or modified procedures or products, retraining
employees, as necessary, to ensure that each employee has the requisite
proficiency in the relevant safe work practices;
     retraining employees whenever the employer has reason to
believe that there are inadequacies in the employees' knowledge of or
performance of safe work practices;
     providing information and training in a manner that is
understandable to each employee; and
     determining that each employee has demonstrated
proficiency in all aspects of the required training.
    The proposed training requirements also state that an employer will
be deemed to be in compliance with the training requirements for an
employee if an identical training provision has been satisfied for that
employee under Section 1910.1200, Hazard Communication, or the DOT
training requirements (in 49 CFR part 172).
    The proposed training requirements could primarily affect employees
who come into contact with explosive materials during the manufacturing
of explosives, including blasting agents (NAICS 325920) and small arms
ammunition (NAICS 332992). In particular, these employees primarily
include production employees, as well as installation/maintenance/
repair employees and transportation/material moving employees. Some
transportation workers (i.e., truck drivers, packers, and packagers),
as well as shipping clerks and order fillers, must already be trained
in accordance with DOT requirements, so their employers would already
be in compliance with the training required by proposed paragraph (j).
In addition, the ATF requirements described earlier will apply to
persons involved with handling, storing, and using explosives and
pyrotechnics. The ATF requirements have training and qualification
criteria and Hazcom training requirements are applicable (so these
persons, too, would already have training meeting the requirements of
proposed paragraph (j)).
    Table 1 presents summary data for the manufacturing of explosives,
including blasting agents (NAICS 325920) and small arms ammunition
(NAICS 332992). According to the U.S. Department of Commerce's (USDOC,
2003) 2001 County Business Patterns (CBP) database, there are 100
establishments with 7,325 employees in NAICS 325920. An estimated 58
percent are installation/maintenance/repair, production, and
transportation/material moving workers (excluding truck drivers,
packers, and packagers), based on the Bureau of Labor Statistics (BLS,
2003) Occupational Employment Statistics (OES) Survey data for 2002 for
NAICS 3259. Similarly, the 2001 CBP database (USDOC, 2003) indicates
that there are 111 establishments with 6,717 employees in NAICS 332992.
An estimated 66 percent are installation/maintenance/repair,
production, and transportation/material moving workers (excluding truck
drivers, packers, and packagers) based on the BLS (2003) OES Survey
data for 2002 for NAICS 3329. Thus, combined, there are, after
rounding, approximately 8,700 employees who potentially will need
training in accordance with proposed paragraph (j).
    The estimation of the compliance costs associated with providing
the necessary training to these employees has been determined based on:
(1) An assessment of the risks faced by each employee given each
employee's unique work duties; (2) the provision of training courses to
employees that satisfy the hazard communication requirements tailored
to explosive chemicals; and (3) the allowance for some additional time
to go over emergency evacuation procedures with each employee. The
number of chemicals that an employee will be using and exposed to in
making blasting agents will be limited in number. Therefore, the
training can be more targeted to the chemicals being used, rather than
to more general training on all types of chemicals.
    The compliance cost estimates for the risk assessment are based on
the amount of supervisor time (15 minutes per employee) and clerical
support time (3 minutes per employee) required to determine the risk of
exposure and the appropriate training level for each employee (given
each employee's unique work duties), coupled with supervisor and
clerical wages.
    The cost estimates for the necessary training materials are based
upon two alternative approaches: (1) Using a self-paced on-line
training course (example at http://www.hazmatschool.com) or (2) using a

self-paced interactive training course available on CD-ROM (example at
http://www.jjkeller.com). With each of the training approaches,

approximately two hours of employee time is expected to be required to
complete the course, including time to demonstrate a proficiency with
the material learned to a supervisor. Thus, the compliance cost
estimates associated with the hazard communication training are
calculated based on estimates of the average cost of the training
course (about $50 per employee), the amount of training time required
for each employee to take the course, clerical support time (3 minutes
per employee) to document that the training was taken and successfully
completed, coupled with employee and clerical wages.
    Finally, the compliance cost estimates associated with explaining
the emergency evacuation procedures to each employee are based on the
amount of supervisor time (5 minutes per employee) and employee time (5
minutes per employee) required, coupled with supervisor and employee
wages.
    The hourly wage rates for the above employees are based on the
average hourly wage data for 2002 and were obtained from the Bureau of
Labor Statistics (BLS) National Industry-Specific Occupational
Employment and Wage Estimates (BLS, 2003) for those occupational
categories and affected industry sectors where explosives (including
blasting agents) and small arms ammunition are manufactured. For
benefits data, the March 2000 edition of Employer Costs for Employee
Compensation (BLS, 2000) was used, which indicates a fringe benefits
rate of 37 percent of the hourly wage rate. Specifically, average
hourly wage rates (including fringe benefits) of $31.34, $20.42, and
$16.40 were used for supervisors, employees, and clerical support,
respectively, within NAICS 3259 and NAICS 3329.

    Combining the training course cost with the labor hour estimates
and the hourly wage rates produces a total training cost of
approximately $105 per employee. This consists of $9 per employee for
the risk assessment, $92 per employee for the training itself, and $4
per employee for the review of the evacuation procedures. For the 8,682
employees that require training, the annual training cost is estimated
to be $908,354. Again, these figures are considered to represent upper
bound estimates in that most explosives and small arms ammunition
manufacturers are believed to be in compliance with these new training
requirements since they represent current industry recommended
practices, as well as overlap with other OSHA, DOT, and ATF
regulations.
    As described earlier in the Summary and Explanation section of this
Notice, for blasting operations conducted near gas, electric, water,
telephone, or other similar utilities, proposed paragraph (f)(1)(iv)
would require that, prior to the start of blasting operations,
employers document the approval given by utility representatives. The
current standard, at paragraph (e)(1)(vi), specifies that employers are
to notify utility representatives in writing at least 24 hours in
advance of the blasting operations. The 2001 edition of NFPA 495 (Ex.
2-5) contains provisions for written notification of utilities that are
nearly identical to OSHA's current requirement.
    Based on a review of the consensus standard indicated above and
discussions with industry experts, OSHA believes that most employers
maintain a written record of communication with utilities prior to
blasting operations. However, even if that were not the case, the
incremental employer burden associated with the documentation of
approval given by utilities would in all likelihood be modest,
representing, at most, three minutes of a clerical employee's time to
document and maintain a written record that the utility representative
has approved the blasting operation. By applying a conservative
estimate that as many as 1,000 blasting operations could be affected by
this provision, total costs would equal $820 (1,000 operations x 3
minutes x $16.40/hour). With costs for the other requirements in the
proposed standard totaling $1.5 million, the costs for documenting
approval of blasting operations near utilities would increase total
costs by 0.06 percent and would therefore not present economic
feasibility concerns. OSHA requests public comment on this cost issue.

Technological and Economic Feasibility

    The proposed requirements primarily update and clarify regulatory
language and address regulatory inconsistencies between OSHA standards
and those of other Federal agencies. A number of the new requirements
are deregulatory in nature, and will yield cost-savings relative to the
existing standard. The new requirements that potentially generate costs
are consistent with OSHA standards that apply in similar industries.
Moreover, OSHA believes that most explosives and small arms ammunition
manufacturers are already in compliance with the proposed training
requirements since they represent current industry recommended
practices, as well as overlap with OSHA's PSM requirements and with the
requirements of DOT and ATF regulations. High levels of current
compliance with the proposed rule clearly demonstrate that the proposed
rule is both technologically and economically feasible. OSHA
anticipates that there will be no technological barriers for employers
to achieve compliance with the proposed standard.
    OSHA estimated the cost to employers of the proposed standard and
considered whether it would be economically feasible. This analysis is
presented in Table 2. For NAICS 325920 and 332992, estimated upper
bound compliance costs are significantly less than one percent of
revenue, and 2.6 percent and 1.9 percent of profits respectively.
Therefore, OSHA has determined that the proposed standard is
economically feasible.

Regulatory Flexibility Screening Analysis

    In order to determine whether a regulatory flexibility analysis is
required under the Regulatory Flexibility Act, OSHA has evaluated the
potential economic impacts of this action on small entities. Table 3
and Table 4 present the data used in this analysis to determine whether
this standard would have a significant impact on a substantial number
of small entities. For purposes of this analysis, OSHA used the Small
Business Administration (SBA) definition of a small firm. For NAICS
325920 and NAICS 332992, SBA uses an employment based standard of 500
and 1,000 employees, respectively.
    OSHA derived estimates of profits and revenues using data from the
U.S. Census Bureau and Dun and Bradstreet. As shown in Table 4, upper
bound gross compliance costs represent 0.07 percent of the revenues for
NAICS 325920 and 0.08 percent of the revenues for NAICS 332992. Upper
bound gross compliance costs constitute 1.7 percent of profits for
NAICS 325920 and 2.4 percent of profits for NAICS 332992. Based on this
evaluation, OSHA certifies that this proposed regulation will not have
a significant economic impact on a substantial number of small
entities.

Benefits

    De-Regulatory Benefits. Several provisions in the proposed standard
potentially reduce compliance costs. As noted above, one area of cost
savings is in the change in definition of competent person. In the
proposed standard, a competent person need not be a supervisor, so
there are some cost savings due to differential wage rates.
    These cost savings will accrue primarily to employers involved in
the manufacturing of explosives, including blasting agents (NAICS
325920) and small arms ammunition (NAICS 332992). The U.S. Department
of Commerce's (USDOC, 2003) 2001 County Business Patterns (CBP)
database reports that there are 100 establishments with 7,325 employees
in NAICS 325920 and 111 establishments with 6,717 employees in NAICS
332992. An estimated 4.1 percent of the employees in NAICS 325920 and
3.9 percent of the employees in NAICS 332992 (based on the Bureau of
Labor Statistics (BLS, 2003) Occupational Employment Statistics (OES)
Survey data for 2002 for NAICS 3259 and NAICS 3329, respectively) are
supervisory personnel responsible for the production and transport of
explosive materials. Thus, combined, there are an estimated 561
supervisory employees.
    The hourly wage rates (including fringe benefits) for all
production and transportation personnel and for all production and
transportation supervisory personnel are estimated to be $19.85 and
$30.88, respectively, for NAICS 3259 and NAICS 3329 combined. These
estimates are based on average hourly wage data for 2002, which were
obtained from the Bureau of Labor Statistics (BLS) National Industry-
Specific Occupational Employment and Wage Estimates (BLS, 2003) for
these occupational categories for the affected industry sectors (NAICS
3259 and NAICS 3329) where explosives and small arms ammunition are
manufactured. For benefits data, the March 2000 edition of Employer
Costs for Employee Compensation (BLS, 2000) was used, which indicates a
fringe benefits rate of 37 percent of the hourly wage rate.
    To the extent that certain responsibilities under the proposal can

be handled by a trained competent person rather than by a supervisor, a
savings in labor costs of about $11 per hour can be realized. Depending
on the amount of time devoted to these activities, the cost-savings
could be quite significant. For example, if each of the 561 supervisors
delegate to competent persons the responsibilities of enforcing safety
requirements and precautions related to the transferring of explosives
from one vehicle to another for approximately 80 hours per year
(equivalent to 2 weeks), then the total labor savings would be equal to
$0.5 million per year.
    The above cost savings estimate applies only to the competent
person requirement. OSHA believes that the proposed rule offers many
other opportunities for cost savings. For example, while the existing
standard covers the storage of explosives (including small arms
ammunition, primers, and smokeless propellants), the proposed standard
would only cover the storage of small arms ammunition, primers, and
smokeless propellants, but not other explosives. OSHA is proposing this
change because ATF regulates the storage of explosives (but not the
storage of small arms ammunition, primers, and smokeless propellants
designed for use in small arms). OSHA has determined that its authority
to regulate the storage of these explosives is preempted by ATF's
regulations. Therefore, currently an employer must comply with both
OSHA and ATF regulations for the storage of explosives while under the
proposed standard, the employer would only have to comply with the ATF
regulations. This reduction in regulatory burden would likely lead to
cost reductions. Another example relates to the exterior markings or
placards on vehicles that transport explosives. Currently employers
must comply with OSHA's marking and placarding requirements and with
those of the DOT. Under the proposed standard, employers would only
have to use the markings and placards required by DOT. Again, this
reduction in regulatory burden should lead to cost savings by
employers.
    The proposal's elimination of overlapping (and sometimes
conflicting) regulatory requirements should save some time each year in
assuring compliance with the standard. For example, if the revised
standard can save, on average, four hours of review by a lawyer, as
well as four hours of review by a health or safety engineer for each
establishment, the potential cost savings would equal $108,200. This
estimate is based on an hourly wage rate of $87.51 for lawyers and
$40.73 for health or safety engineers, which includes 37 percent for
fringe benefits applied to the 211 establishments in NAICS 325920 and
NAICS 332992 (BLS, Employer Costs for Employee Compensation, 2000; and
National Industry-Specific Occupational Employment and Wage Estimates,
2003).
    Safety Benefits. The potential safety benefits of the proposed
standard include a reduction in the number of injuries and deaths
associated with accidents involving explosives. In addition,
significant property damage often occurs during these accidents. Unlike
injury and fatality data, OSHA does not systematically collect data on
the amount of property damage which is incurred during workplace
accidents. Consequently, OSHA did not attempt to estimate benefits
associated with reduced property damage.
    To determine the extent to which the proposed standard may reduce
the number of deaths and injuries attributable to explosive accidents,
OSHA examined its accident investigation reports. The most recent and
complete reports cover 1992-2002, and provide detailed information
regarding accidents involving explosive materials. During 1992-2002,
there were 39 accidents, including 18 that were fatal.
    As noted above, the proposed standard primarily affects explosive
manufacturing that is not covered under PSM. Upon review of the
accident reports, OSHA found that seven of the 39 accidents occurred
during the manufacture of explosives. Seven fatalities and five
hospitalizations occurred as a consequence of these accidents during
1992-2002. Upon further review, OSHA found that at least one of these
accidents, which involved two fatalities, could have potentially been
prevented through compliance with the new training requirements.
Specifically, in this particular accident, the employer did not assure
that the employees were wearing appropriate protective clothing or that
spark producing devices were not taken into explosive processing areas.
    Focusing only on this single accident, the proposed standard would
have produced $12.6 million in total benefits or $1.3 million annually
if it were 100 percent effective at preventing these deaths.\4\
---------------------------------------------------------------------------

    \4\ Based on EPA's estimate of a value of $6.1 million for a
statistical life, updated to $6.3 million for inflation (See EPA's
Guidelines for Preparing Economic Analyses, EPA 240-R-00-003,
September 2000).

                            Table 1.--Summary of Explosives Manufacturing and Small Arms Ammunition Manufacturing Industries
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Total
                           NAICS code                                  Number of         Number of    Employment \1\    compliance      Compliance cost
                                                                  establishments \1\     firms \1\                         costs           per firm
--------------------------------------------------------------------------------------------------------------------------------------------------------
325920..........................................................                 100              63           7,325        $993,888             $15,776
332992..........................................................                 111             105           6,717         463,840               4,418
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ U.S. Census Bureau, Statistics of U.S. Businesses, 2001.

                                                         Table 2.--Economic Feasibility Analysis
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Compliance    Compliance
                                                         Number  of       Total      Profit rate  Revenue  per   Profit  per    cost as a     cost as a
                      NAICS code                          firms \1\      revenue         \3\          firm          firm       percent of    percent of
                                                                      ($1,000) \2\    (percent)     ($1,000)      ($1,000)       revenue       profit
--------------------------------------------------------------------------------------------------------------------------------------------------------
325920................................................            63     1,582,333          2.45        25,116       615,352          0.06          2.56
332992................................................           105     1,051,301          2.28        10,012       228,282          0.04          1.94
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ U.S. Census Bureau, Statistics of U.S. Businesses, 2001.
\2\ U.S. Census Bureau, Statistics of U.S. Businesses, 1997, updated to 2002 dollars using the GDP implicit price deflator (NAICS 325920 maps to SIC
  2892 and NAICS 332992 maps to SIC 3482)

\3\ Dun & Bradstreet, Industry Norms and Key Business Ratios, 2000/2001. An alternative source of profit data is the IRS Corporation Source Book of
  Statistics of Income, which suggests profit rates of 5.05 percent and 7.09 percent, respectively. OSHA chose the lower rates reported in Dun &
  Bradstreet to keep the analysis conservative.

          Table 3.--Summary of Employment Data and Compliance Cost Estimates for Small Explosives and Small Arms Ammunition Manufacturing Firms
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Total
                                                                  SBA employment     Number of SBA    Number of  SBA    compliance      Compliance cost
                           NAICS code                              size standard  establishments \1\     firms \1\     costs for SBA       per firm
                                                                                firms
--------------------------------------------------------------------------------------------------------------------------------------------------------
325920..........................................................             500                  59              52        $269,062              $5,174
332992..........................................................           1,000                 101              99          84,178                 850
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ U.S. Census Bureau, Statistics of U.S. Businesses, 2001.

    Note: The published data for NAICS 332992 (SIC 3482) does not
provide information for the <  1,000 employment size class, so the
analysis was based on the <  500 size class. Because the overwhelming
majority of establishments/firms fall into the <  500 category, OSHA
believes the approach is reasonable. Comments are welcome.

                                            Table 4.--Screening Analysis for Small Firms Affected by the Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Total SBA
                                                  Number of     revenue    Profit rate  Revenue per   Profit per  Compliance cost as  Compliance cost as
                   NAICS code                     SBA firms     ($1,000)       \3\          firm         firm        a percent of        a percent of
                                                     \1\          \2\       (percent)                                   revenue             profit
--------------------------------------------------------------------------------------------------------------------------------------------------------
325920.........................................           52      383,261         4.16   $7,370,406     $306,609                0.07                1.69
332992.........................................           99      105,296         3.31    1,063,595       35,205                0.08                2.42
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ U.S. Census Bureau, Statistics of U.S. Businesses, 2001.
\2\ U.S. Census Bureau, Statistics of U.S. Businesses, 1997, updated to 2002 dollars using the GDP implicit price deflator (NAICS 325920 maps to SIC
  2892 and NAICS 332992 maps to SIC 3482).
\3\ Dun & Bradstreet, Industry Norms and Key Business Ratios, 2000/2001. An alternative source of profit data is the IRS Corporation Source Book of
  Statistics of Income, which suggests profit rates of 5.05 percent and 7.09 percent, respectively. OSHA chose the lower rates reported in Dun &
  Bradstreet to keep the analysis conservative.

    Note: The published data for NAICS 332992 (SIC 3482) does not
provide information for the <  1,000 employment size class, so the
analysis was based on the <  500 size class. Because the overwhelming
majority of establishments/firms fall into the <  500 category, OSHA
believes the approach is reasonable. Comments are welcome.

V. Environmental Impact Analysis

    The proposed standard has been reviewed in accordance with the
requirements of the National Environmental Policy Act (NEPA) of 1969
(42 U.S.C. 4321 et seq.), the regulations of the Council on
Environmental Quality (CEQ) (40 CFR part 1500), and DOL NEPA Procedures
(29 CFR part 11). The provisions of the proposed standard focus on the
reduction and avoidance of employee injuries and deaths during the
storage, handling, transportation and use of explosives, including
blasting agents and pyrotechnics. OSHA has determined that these
proposed provisions will have no significant effect on air, water, or
soil quality, plant or animal life, the use of land, or other aspects
of the environment.

VI. Paperwork Reduction Act

    After review of the proposed revisions to the Explosives Standard,
OSHA has identified one new collection of information (paperwork)
requirement and determined other paragraphs are not paperwork
requirements or impose no burden hours or costs on employers.
Collection of information requirements are subject to review by the
Office of Management and Budget (OMB) under the Paperwork Reduction Act
of 1995 (PRA95), 44 U.S.C. 3501 et. seq., and its regulation at 5 CFR
part 1320. PRA95 defines a collection of information to mean ``the
obtaining, causing to be obtained, soliciting, or requiring the
disclosure to third parties or the public of facts or opinions by or
for an agency regardless of form or format'' (44 U.S.C. 3502(3)(A)).
    The new paperwork requirement, contained in proposed paragraph
(f)(1)(iv), requires employers to document approval from the utility
prior to blasting operations that are being conducted in close
proximity to gas, electric, water, telephone, or other similar
utilities. Documentation may be in the form of a fax, email, or record
of a conversation.
    The title, summary, description of the need for and proposed use of
the collection of information requirement, description of respondents,
and the frequency of response of the information collection requirement
are described below with an estimate of the annual cost and reporting
burden as required by Sec.  1320.5(a)(1)(iv) and Sec.  1320.8(d)(2).
The reporting burden includes the time for reviewing instructions,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
    OSHA has a particular interest in comments on the following issues:
     Whether the proposed collection of information requirement
is necessary for the proper performance of the Agency's functions to
protect workers, including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the collection of information requirement, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information-
collection and transmission techniques.
    Title: Explosives (29 CFR 1910.109).
    Summary: Proposed paragraph (f)(1)(iv) would require that whenever
blasting operations are being conducted in close proximity to gas,
electric, water, telephone, or other similar utilities, the employer
will not commence such blasting operations until receiving and
documenting approval from the appropriate utility representatives.
    Description: The current Standard does not require a response from
the

utility prior to the employer beginning blasting; this could lead to
the endangerment of employees working in blasting operations near
utility lines. Obtaining and documenting approval from the utility
prior to blasting will better ensure employee safety during these
operations.
    Respondents: Employers in general industry who conduct blasting
operations near utilities.
    Frequency: On occasion. Employer will contact the utility prior to
blasting near gas, electric, water, telephone, or other utilities.
    Average Time per Response: OSHA estimates on average, the employer
will spend 3 minutes (.05 hour) to document and maintain written
approval that the utility representative has approved the blasting
operation.
    Total Burden Hours: 25.
    Costs (purchase of capital/startup costs): None.
    The Agency has submitted an information collection request (ICR)
for the proposed standard to OMB for review and approval of the
collection of information contained in proposed paragraph (f)(1)(iv).
    Other proposed paragraphs reviewed for paperwork are not new; or,
are not collection of information requirements for the following
reasons: (1) The paperwork requirements are contained in existing
standards; (2) the requirements are exempt from the definition of a
collection of information, since the Government provides specific
language for signs/labels for public disclosure (5 CFR 1320.3(c)(2));
(3) the requirements are usual and customary business activities that
impose no new burden hours or costs on employers (5 CFR 1320.3(b)(2));
and, (4) the training provisions are performance-oriented, and are not
considered collections of information.
    Proposed paragraphs containing paperwork requirements that are in
existing standards include: Sec.  1910.109(c)(5) Labels, Sec.
1910.109(d)(3) Storage of ammonium nitrate in bags and containers, and
Sec.  1910.109(e)(2) Vehicles. Proposed paragraphs that provide
specific language for labels and/or signs include: again, Sec.
1910.109(c)(5) Labels, Sec.  1910.109(d)(4) Storage of bulk ammonium
nitrate, and Sec.  1910.109(f)(1) and (3) Use of explosives for
blasting. Proposed paragraph Sec.  1910.109(e)(1) Transportation of
explosives, contains a notification requirement that is the same as the
notification requirement in paragraph 7.1.7 of the 2001 edition of NFPA
495 (Ex. 2-5). Since employers routinely follow the NFPA Codes, the
notification is a usual and customary business practice. Finally,
paragraphs Sec.  1910.109(f)(3) Use of explosives for blasting, Sec.
1910.109(g)(3) Bulk delivery vehicles, and Sec.  1910.109(j) Training,
contain training requirements that are not counted since these
provisions provide the employer a ``performance-oriented'' approach.
    Interested parties who wish to comment on OSHA's ICR seeking OMB
approval for paragraph (f)(1)(iv), or OSHA's determination that
proposed paragraphs in the preceding paragraph impose no new burden
hours or costs on employers must send their written comments to the
Office of Information and Regulatory Affairs, Attn: OMB Desk Officer
for OSHA, Office of Management and Budget, Room 10235, 726 Jackson
Place, NW., Washington, DC 20503. The Agency also encourages commenters
to submit their comments on this paperwork determination to OSHA along
with their other comments on the proposed rule. To read or download the
complete ICR, go to http://www.regulations.gov (Docket No. OSHA-S031-2006-0665) or http://dockets.osha.gov (Docket No. S-031). You also may

obtain an electronic copy of the complete ICR at http://www.reginfo.gov.
 Click on ``Inventory of Approved Information

Collections, Collections Under Review, Recently Approved/ Expired,''
then scroll under ``Currently Under Review'' to Department of Labor
(DOL) to view all of the DOL's ICRs, including those ICRs submitted for
proposed rulemakings. To make inquiries, or to request other
information, contact Mr. Todd Owen, OSHA, Directorate of Standards and
Guidance, Room N-3609, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone<PHONE_NUMBER>.

VII. Federalism

    OSHA has reviewed this proposed rule 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 there is clear constitutional authority and
the presence of a problem of national scope. Executive Order 13132
provides for preemption of State law only if there is a clear
congressional intent for the Agency to do so. Any such preemption is to
be limited to the extent possible.
    Section 18 of the OSH Act (29 U.S.C. 651 et seq.) expresses
Congress's intent to preempt State laws where OSHA has promulgated
occupational safety and health standards. Under the OSH Act, a State
can avoid preemption on issues covered by Federal standards only if it
submits, and obtains Federal approval of, a plan for the development of
such standards and their enforcement (State-Plan State). 29 U.S.C. 667.
Occupational safety and health standards developed by such State-Plan
States must, among other things, be at least as effective in providing
safe and healthful employment and places of employment as the Federal
standards. Subject to these requirements, State-Plan States are free to
develop and enforce under State law their own requirements for safety
and health standards.
    This proposed rule complies with Executive Order 13132. As Congress
has expressed a clear intent for OSHA standards to preempt State job
safety and health rules in areas addressed by OSHA standards in States
without OSHA-approved State Plans, this proposed rule would limit State
policy options in the same manner as all OSHA standards. In States with
OSHA-approved State Plans, this action does not significantly limit
State policy options.
    State comments are invited on this proposal and will be fully
considered prior to promulgation of a final rule.

VIII. State Plan Standards

    When Federal OSHA promulgates a new standard or more stringent
amendment to an existing standard, the 26 States and 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 there is no need for action, e.g., because an existing
State standard covering this area is already ``at least as effective''
as the new Federal standard or amendment. 29 CFR 1953.5(a). The State
standard must be at least as effective as the final Federal rule, must
be applicable to both the private and public (State and local
government employees) sectors, and must be completed within six months
of the publication date of the final Federal rule. When OSHA
promulgates a new standard or amendment to a standard which does not
impose additional or more stringent requirements than an existing
standard, States are not required to revise their standards, although
OSHA may encourage them to do so. The 26 States and territories with
OSHA-approved State Plans are: Alaska, Arizona, California, Connecticut
(plan covers only State and local government employees), Hawaii,
Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New
Mexico, New Jersey (plan covers only State and local

government employees), New York (plan covers only State and local
government employees), North Carolina, Oregon, Puerto Rico, South
Carolina, Tennessee, Utah, Vermont, Virginia, Virgin Islands (plan
covers only State and local government employees), Washington, and
Wyoming.

IX. Unfunded Mandates

    OSHA reviewed this proposed rule according to the Unfunded Mandates
Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.) and Executive Order
12875 and determined that this rule does not include any Federal
mandate that may result in increased expenditures by State, local, and
tribal governments, or increased expenditures by the private sector of
more than $100 million in any year.

X. Public Participation

Submission of Comments and Access to Docket

    OSHA invites comments on all aspects of the proposed rule.
Throughout this document OSHA has invited comment on specific issues
and requested information and data about practices at your
establishment and in your industry. OSHA will carefully review and
evaluate these comments, information and data, as well as all other
information in the rulemaking record, to determine how to proceed.
    You may submit comments in response to this document (1)
electronically at http://www.regulations.gov, which is the Federal

eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments and other material must identify the Agency name
and the OSHA docket number for this rulemaking (Docket No. OSHA-2007-
0032). You may supplement electronic submissions by uploading document
files electronically. If, instead, you wish to mail additional
materials in reference to an electronic or fax submission, you must
submit three copies to the OSHA Docket Office (see ADDRESSES section).
The additional materials must clearly identify your electronic comments
by name, date, and docket number so OSHA can attach them to your
comments.
    Because of security-related procedures, the use of regular mail may
cause a significant delay in the receipt of comments. For information
about security procedures concerning the delivery of materials by hand,
express delivery, messenger or courier service, please contact the OSHA
Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>).
    Comments and submissions in response to this Federal Register
notice are posted without change at http://www.regulations.gov (Docket

No. OSHA-2007-0032). Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth.
    Exhibits referenced in this Federal Register document are posted in
both Docket No. OSHA-S031-2006-0665 (which is available at http://www.regulations.gov
) and OSHA Docket No. S-031 (which is available at

http://dockets.osha.gov.

    Although all submissions in response to this Federal Register
notice and exhibits referenced in this notice are listed in the http://www.regulations.gov and http://dockets.osha.gov indexes, some

information (e.g., copyrighted material) is not publicly available to
read or download from those Web pages. All submissions and exhibits,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office (see ADDRESSES section). Information
on using the http://www.regulations.gov Web page to submit comments and

access dockets is available at the Web page's User Tips link. Contact
the OSHA Docket Office for information about materials not available
through the Web pages and for assistance in using the internet to
locate docket submissions.
    Electronic copies of this Federal Register document are available
at http://regulations.gov. This document, as well as news releases and

other relevant information, also are available at OSHA's Web page at
http://www.osha.gov.

Requests for Informal Public Hearings

    Under section 6(b)(3) of the OSH Act and 29 CFR 1911.11, members of
the public may request an informal hearing by following the
instructions under the section of this Federal Register notice titled
ADDRESSES. These requests must include the objections to the proposal
that warrant a hearing. The hearing requests must:
     Include the name and address of the party requesting the
hearing;
     Ensure that the request is sent or postmarked no later
than June 12, 2007;
     Number each objection separately;
     Specify with particularity the grounds for each objection;
     Include a detailed summary of the evidence supporting each
objection which the requester plans to offer at the requested hearing.

XI. List of Subjects in 29 CFR Part 1910

    Blasting agents, Explosives, Health, Occupational safety and
health, Pyrotechnics, Safety.

XII. Authority and Signature

    This document was prepared under the authority of Edwin G. Foulke,
Jr., Assistant Secretary of Labor for Occupational Safety and Health,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210. Pursuant to Sections 4, 6, and 8 of the OSH Act of 1970 (29
U.S.C. 653, 655, 657), Secretary of Labor's Order No. 5-2002 (67 FR
65008), and 29 CFR part 1911, it is hereby amending subpart H of 29 CFR
part 1910 as set forth below.

    Signed at Washington, DC on April 4, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.

XIII. Amendments to Standards

    For the reasons set forth in the preamble, OSHA proposes to amend
Part 1910 of Title 29 of the Code of Federal Regulations as follows:

PART 1910--[AMENDED]

Subpart A--General

    1. The authority citation for Subpart A of part 1910 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), or 5-2002 (67 FR
65008), as applicable.

    Sections 1910.7 and 1910.8 also issued under 29 CFR part 1911.
Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, 5
U.S.C. 553; Pub. L. 106-113 (113 Stat. 1501A-222); and OMB Circular
A-25 (dated July 8, 1993) (58 FR 38142, July 15, 1993).

    2. Section 1910.6 is amended by removing and reserving paragraphs
(k)(9), (q)(17), and (q)(25).

Subpart H--Hazardous Materials

    3. The authority citation for subpart H of part 1910 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.

    Sections 1910.103, 1910.106 through 1910.111, and 1910.119,
1910.120, and 1910.122 through 126 also issued under 29 CFR part
1911.

    Section 1910.119 also issued under section 304, Clean Air Act
Amendments of 1990 (Pub. L. 101-549), reprinted at 29 U.S.C. 655 Note.
    Section 1910.120 also issued under section 126, Superfund
Amendments and Reauthorization Act of 1986 as amended (29 U.S.C. 655
Note), and 5 U.S.C. 553.
    4. Section 1910.109 of subpart H is revised to read as follows:

Sec.  1910.109  Explosives.

    (a) Scope. (1) This section applies to the manufacture, storage,
sale, transportation, handling, and use of explosives, including
blasting agents and pyrotechnics.
    (2) The employer also shall comply with Sec.  1910.119, Process
Safety Management, for operations involving the manufacture of
explosives as defined in paragraph (b) of this section. However,
blasting agents as defined in paragraph (b) of this section, including
water gels, slurries, and emulsions classified as Division 1.5
explosives, are not covered by Sec.  1910.119.
    (3) This section does not apply to:
    (i) Construction work covered by 29 CFR part 1926;
    (ii) The use of explosives in medicines and medicinal agents in the
forms prescribed by the official United States Pharmacopeia and the
National Formulary (USP-NF); or
    (iii) The sale and use of consumer and public display pyrotechnics.
    (b) Definitions applicable to this section. Blast area means the
area of a blast within the influence of flying rock or other debris,
gases, and concussion.
    Blast site means the area where explosives are handled during the
preparation and loading of drill holes, including 50 feet (15.2 m) in
all directions from the perimeter formed by loaded holes. The 50 foot
distance requirement applies in all directions along the full depth of
the drill hole.
    Blaster-in-charge means the person in charge of the handling,
loading, and firing of explosives within the blast site and blast area.
    Blasting agent means any material or mixture intended for blasting
that is classified as a Division 1.5 explosive.
    Bulk delivery vehicle means any vehicle that transports blasting
agents or their ingredients in bulk form including bulk delivery
vehicles that are capable of mixing the ingredients to form blasting
agents and loading the blasting agents directly into drill holes.
    Competent person means an employee designated by the employer who,
by way of training and experience, is knowledgeable of applicable
standards, is capable of identifying workplace hazards relating to
explosives, and has authority to take appropriate corrective actions to
control such hazards.
    Detonator means any device containing an initiating or primary
explosive that is used for initiating detonation in another explosive
material. A detonator may not contain more than .35 ounces (10 g) of
total explosives by weight, excluding ignition or delay charges. The
term includes, but is not limited to, electric blasting caps of
instantaneous and delay types, electronic detonators, blasting caps for
use with safety fuse, detonating cord delay connectors, and nonelectric
instantaneous and delay blasting caps which use detonating cord, shock
tube, or any other replacement for electric leg wires.
    Electric detonator means a detonator designed for, and capable of,
initiation by means of an electric current.
    Electronic detonator means a detonator that utilizes stored
electrical energy as a means of powering an electronic timing delay
element/module and that provides initiation energy for firing the base
charge.
    Emulsion means an explosive that either contains substantial
amounts of oxidizer dissolved in water droplets that are surrounded by
an immiscible fuel, or contains droplets of an immiscible fuel that are
surrounded by water containing substantial amounts of oxidizer.
Emulsions, depending on their properties, are classified as Division
1.1 explosives or Division 1.5 blasting agents.
    Explosive means any device, or liquid or solid chemical compound or
mixture, the primary or common purpose of which is to function by
explosion.
    (i) The term ``explosive'' includes all material included as a
Class 1 explosive by DOT in accordance with 49 CFR chapter I. The term
includes, but is not limited to, dynamite, black powder, pellet
powders, detonators, blasting agents, initiating explosives, blasting
caps, safety fuse, fuse lighters, fuse igniters, squibs, cordeau
detonant fuse, instantaneous fuse, igniter cord, igniters,
pyrotechnics, special industrial explosive materials, small arms
ammunition, small arms ammunition primers, smokeless propellant,
cartridges for propellant-actuated power devices, and cartridges for
industrial guns.
    (ii) Explosives are classified using the same classification system
as used by DOT (see 49 CFR 173.50). Explosives are classified into the
following divisions:
    (A) Division 1.1 consists of explosives that have a mass explosion
hazard. A mass explosion is one which affects almost the entire load
instantaneously.
    (B) Division 1.2 consists of explosives that have a projection
hazard but not a mass explosion hazard.
    (C) Division 1.3 consists of explosives that have a fire hazard and
either a minor blast hazard or a minor projection hazard or both, but
not a mass explosion hazard.
    (D) Division 1.4 consists of explosives that present a minor
explosion hazard. The explosive effects are largely confined to the
package and no projection of fragments of appreciable size or range is
to be expected. An external fire must not cause virtually instantaneous
explosion of almost the entire contents of the package.
    (E) Division 1.5 consists of very insensitive explosives. This
division is comprised of substances which have a mass explosion hazard
but are so insensitive that there is very little probability of
initiation or of transition from burning to detonation under normal
conditions. (The probability of transition from burning to detonation
is greater when large quantities are involved.)
    (F) Division 1.6 consists of extremely insensitive articles which
do not have a mass explosive hazard. This division is comprised of
articles which contain only extremely insensitive detonating substances
and which demonstrate a negligible probability of accidental initiation
or propagation. (The risk from articles of Division 1.6 is limited to
the explosion of a single article.)

                     Classification Conversion Table
------------------------------------------------------------------------
      Current OSHA/DOT classification         Prior OSHA classification
------------------------------------------------------------------------
Division 1.1..............................  Class A explosives.
Division 1.2..............................  Class A or Class B
                                             explosives.
Division 1.3..............................  Class B explosives.
Division 1.4..............................  Class C explosives.
Division 1.5..............................  Blasting agents.
Division 1.6..............................  No applicable hazard class.
------------------------------------------------------------------------

    Hot work means any work involving electric or gas welding, cutting,
brazing, or similar flame or spark-producing operations.
    Magazine means any building or structure, other than an explosives
manufacturing building, used for the storage of explosives.
    Propellant-actuated power device means any tool or special
mechanized device or gas generator system which is actuated by a
propellant or which releases and directs work through a smokeless
propellant charge.

    Pyrotechnics means combustible or explosive compositions or
manufactured articles designed and prepared for the purpose of
producing audible or visible effects by combustion, deflagration, or
detonation. They are commonly referred to as fireworks.
    Semiconductive hose means a hose with an electrical resistance high
enough to limit flow of stray electric currents to safe levels, yet not
so high as to prevent drainage of static electric charges to ground; or
a hose of not more than two megohms resistance over its entire length
and of not less than 1,000 ohms per foot.
    Small arms ammunition means any shotgun, rifle, pistol, or revolver
cartridge, and cartridges for propellant-actuated power devices and
industrial guns. Military-type ammunition containing explosive-bursting
charges, or incendiary, tracer, spotting, or pyrotechnic projectiles
are excluded from this definition.
    Small arms ammunition primers mean small percussion-sensitive
explosive charges, encased in a cap, and used to ignite propellant
powder.
    Smokeless propellants mean solid propellants, commonly called
smokeless powders, used in small arms ammunition, cannons, rockets, and
propellant-actuated power devices.
    Special industrial explosive materials mean shaped materials and
sheet forms and various other extrusions, pellets, and packages of high
explosives, which include dynamite, trinitrotoluene (TNT),
pentaerythritol tetranitrate (PETN), hexahydro-1,3,5-trinitro-s-
triazine (RDX), and other similar compounds used for high-energy-rate
forming, expanding, and shaping in metal fabrication, and for
dismemberment and quick reduction of scrap metal.
    Vehicle means any motor vehicle, machine, tractor, trailer, or
semi-trailer propelled or drawn by mechanical power and used in the
transportation of explosives.
    Water gels or slurries mean explosives that contain substantial
proportions of water, oxidizers, and fuel with a cross-linking agent, a
gelling, or a thickening agent added. Water gels or slurries, depending
on their properties, are classified as Division 1.1 explosives or
Division 1.5 blasting agents.
    (c) General provisions. (1) Explosives hazards. The employer shall
ensure the following:
    (i) Explosives are manufactured, stored, sold, transported,
handled, and used in a safe manner;
    (ii) Only persons trained in accordance with paragraph (j) of this
section handle or use explosives;
    (iii) Blasting equipment or explosives that are unsafe due to
deterioration, damage, or other causes are not used, and are disposed
of by an experienced person as soon as possible in accordance with
manufacturers' recommendations;
    (iv) Proper housekeeping is performed to prevent hazardous
accumulations of explosives, oxidizers, or fuels and other sensitizers
in, on, or in close proximity to facilities and equipment containing
explosives;
    (v) All equipment is maintained in good working condition;
    (vi) A program of systematic maintenance of equipment is conducted
on a regular schedule;
    (vii) No person is allowed to enter facilities containing
explosives, or to transport, handle, or use explosives while under the
influence of intoxicating liquors, narcotics, or other drugs that may
cause the person to act in an unsafe manner in the workplace;
    (viii) No person enters a facility containing explosives or a blast
site unless authorized to do so by the employer; and
    (ix) No flammable cleaning solvents are permitted in facilities
containing explosives except where authorized by the employer who
determines that their presence does not endanger the safety of
employees.
    (2) Electrical hazards. (i) The employer shall ensure that the
primary electrical supply to a facility containing explosives can be
disconnected at a safe remote location away from the facility.
    (ii) During the approach and progress of an electrical storm, the
employer shall ensure that:
    (A) All explosive manufacturing and blasting operations are
suspended; and
    (B) Employees located in or near facilities containing explosives
or in blast sites are withdrawn immediately to a safe remote location.
    (3) Fire and Explosion Prevention. (i) The employer shall ensure
that explosives are handled in a manner that minimizes their spillage
and jarring, the generation of explosive dust, and the creation of
friction in or in close proximity to explosives.
    (ii) When a fire is in imminent danger of contact with explosives,
the employer shall ensure that:
    (A) Employees do not fight the fire;
    (B) All employees are immediately removed to a safe area; and
    (C) The fire area is guarded against intruders.
    (iii) The employer shall ensure that:
    (A) No open flames, matches, or spark-producing devices are located
within 50 feet (15.2 m) of explosives or facilities containing
explosives;
    (B) Smoking is only permitted in authorized smoking areas located a
safe distance from explosives;
    (C) No person carries firearms, ammunition, or similar articles in
facilities containing explosives or blast sites except as required for
work duties; and
    (D) Vehicles are not refueled within 50 feet (15.25 m) of a
facility containing explosives or a blast site.
    (4) Maintenance and Repairs. The employer shall ensure the
following:
    (i) Before maintenance or repairs are started in or in close
proximity to any facility containing explosives or in a blast site, the
immediate area surrounding the maintenance or repair work is free of
explosives, including residues and dusts containing explosives; and
    (ii) The fire prevention and protection requirements in Sec.
1910.252(a) and paragraph (c)(3)(iii) of this section are implemented
prior to beginning hot work operations.
    (5) Labels. (i) The employer shall communicate hazards associated
with explosives in accordance with the requirements of the Hazard
Communication Standard, Sec.  1910.1200. Where labeling of explosives
is required under Sec.  1910.1200, Globally Harmonized System (GHS)
labels shall be used as shown in the figure below for different
divisions of explosives. The labels shall have a signal word, a hazard
statement, and either a division designation or a pictogram as shown in
the figure below. The pictogram shall be black on a white background
with a red frame sufficiently large to be clearly visible.
BILLING CODE 4510-26-P

[GRAPHIC] [TIFF OMITTED] TP13AP07.000

BILLING CODE 4510-26-C
    (ii) The employer shall ensure that DOT markings, placards, and
labels are retained in accordance with Sec.  1910.1201.

    (d) Storage of ammonium nitrate. (1) Applicability. (i) Paragraph
(d) of this section applies to the storage of ammonium nitrate in
quantities of 1,000 pounds (454 kg) or more to be used in the
manufacture of explosives.
    (ii) Paragraph (d) of this section does not apply to ammonium
nitrate that can be classified as an explosive as defined in paragraph
(b) of this section.
    (2) Storage buildings. (i) Buildings or structures constructed and
used to store ammonium nitrate since before August 27, 1971, and that
do not meet the requirements of paragraph (d)(2) of this section, shall
be deemed to be acceptable for continued storage use when such use does
not endanger the safety of employees.
    (ii) The employer shall ensure the following:
    (A) Ammonium nitrate is stored in a manner that minimizes as far as
possible fire and explosion hazards, including exposure to toxic vapors
from burning or decomposing ammonium nitrate;
    (B) Storage buildings are not over one story in height above ground
level;
    (C) Storage buildings do not have basements unless the basements
are open on at least one side;
    (D) Storage buildings are adequately ventilated to prevent unsafe
heat or fume accumulations;
    (E) Storage building walls are constructed to meet a four-hour fire
resistant rating whenever they face and are within 50 feet (15.2 m) of
a combustible building, forest, pile of combustible materials, or other
similar hazards. In lieu of a four-hour fire resistant wall, other
equivalent means of exposure protection may be used;
    (F) At a minimum, the roof coverings afford a light degree of fire
protection to the roof deck, do not slip from position, and do not
present a flying brand hazard;
    (G) Storage buildings do not exceed a height of 40 feet unless
constructed of noncombustible material or adequate facilities for
fighting a roof fire are available;
    (H) All flooring is of noncombustible material;
    (I) All flooring is protected against impregnation by ammonium
nitrate;
    (J) Flooring has no drains or piping into which any molten ammonium
nitrate could flow and be confined in the event of fire;
    (K) Storage buildings are dry and free from water seepage;
    (L) Unauthorized persons do not enter an ammonium nitrate storage
area;
    (M) Ammonium nitrate and storage buildings containing ammonium
nitrate are located at a safe distance from readily combustible fuels;
and
    (N) In areas where lightning storms are prevalent, lightning
protection systems are provided. Lightning protection systems meeting
the safety requirements found in Appendix K of National Fire Protection
Association (NFPA) 780-2004, Standard for the Installation of Lightning
Protection Systems, or other equally protective criteria would meet the
requirements of this provision.
    (3) Storage of ammonium nitrate in bags and containers. The
employer shall ensure that:
    (i) Bags and containers used for ammonium nitrate storage are:
    (A) Constructed in accordance with DOT regulations (49 CFR chapter
I); and
    (B) Labeled in accordance with DOT regulations (49 CFR chapter I)
or Sec.  1910.1200, as applicable;
    (ii) Bags and containers of ammonium nitrate are not placed into
storage when the temperature of the ammonium nitrate exceeds 130 F[deg]
(54 [deg]C);
    (iii) Bags and containers of ammonium nitrate are not stored within
30 inches (76.2 cm) of storage building walls and partitions;
    (iv) Stacks of bags or containers of ammonium nitrate do not exceed
20 feet (6.1 m) in height or 20 feet (6.1 m) in width;
    (v) Stacks of bags or containers of ammonium nitrate are limited to
50 feet (15.2 m) in length unless located in a building of non-
combustible construction or protected by an automatic sprinkler system;
    (vi) Bags or containers of ammonium nitrate are not stacked within
36 inches (91.4 cm) of the roof or overhead supporting structure of the
storage building;
    (vii) Aisles at least 3-feet (91.4 cm) wide are provided to
separate stacks of bags or containers of ammonium nitrate; and
    (viii) At least one main aisle separating stacks of bags or
containers of ammonium nitrate in the storage area is at least 4-feet
(1.2 m) wide.
    (4) Storage of bulk ammonium nitrate. The employer shall ensure the
following:
    (i) Bulk storage bins used to store ammonium nitrate are clean and
free of materials which may contaminate ammonium nitrate;
    (ii) Galvanized iron, copper, lead, and zinc are not used in the
construction of ammonium nitrate bulk storage bins, unless suitably
protected against the corrosive and reactive properties of ammonium
nitrate, to avoid contamination of the ammonium nitrate by these
metals;
    (iii) Aluminum and wooden bulk storage bins used to store ammonium
nitrate are protected against ammonium nitrate impregnation;
    (iv) The partitions dividing stored ammonium nitrate from other
products are constructed to prevent contamination of the ammonium
nitrate with these other products;
    (v) Ammonium nitrate bulk storage bins or piles are clearly
identified by signs reading ``Ammonium Nitrate'' with letters at least
2 inches (5.1 cm) high;
    (vi) Ammonium nitrate in piles or in bulk storage bins is loosened
or moved periodically to minimize caking;
    (vii) Explosives are not used to break up or loosen caked ammonium
nitrate;
    (viii) The top of an ammonium nitrate pile is no closer than 36
inches (91.4 cm) below the roof or supporting structure of the storage
building; and
    (ix) Bulk ammonium nitrate is not placed into storage when its
temperature exceeds 130 [deg]F (54 [deg]C);
    (5) Contaminants. The employer shall ensure that:
    (i) Ammonium nitrate is kept in a separate building or is separated
from flammable, combustible, corrosive, explosive, or contaminating
materials or processes by a wall with at least a 1-hour fire-resistant
rating. This separation wall shall extend at least to the underside of
the roof. In lieu of separation walls, ammonium nitrate may be
separated from these materials or processes by a space of at least 30
feet (9.1 m) with means to prevent mixing, such as sills or curbs;
    (ii) Flammable liquids are not placed or stored in buildings used
for the storage of ammonium nitrate except in accordance with Sec.
1910.106, and paragraph (d)(5)(i) of this section;
    (iii) No liquefied petroleum gas is placed or stored in the storage
building except in accordance with Sec.  1910.110; and
    (iv) Sulfur and finely divided metals are not stored in the same
building with ammonium nitrate.
    (6) Fire protection. The employer shall ensure the following:
    (i) Buildings in which greater than 2500 tons (2268 metric tons) of
ammonium nitrate is stored are equipped with an automatic sprinkler
system that complies with Sec.  1910.159; and
    (ii) All fire protection equipment and systems in ammonium nitrate
storage buildings meet the requirements of subpart L of this part.
    (e) Transportation of explosives. (1) General provisions. The
employer shall ensure that:
    (i) No employee smokes, carries matches or any other flame-
producing device, or carries any firearms or

cartridges (except firearms and cartridges required to be carried by
guards) while in, or within 25 feet (7.63m) of, a vehicle containing
explosives;
    (ii) No employee drives, loads, or unloads a vehicle containing
explosives in an unsafe manner;
    (iii) Explosives are not transferred from one vehicle to another
without informing local fire and police departments. A competent person
shall supervise the transfer of explosives. In the event of breakdown
or collision, the local fire and police departments shall be promptly
notified;
    (iv) No repair work, other than emergency repairs that do not
present a source of ignition, is performed on a vehicle containing
explosives;
    (v) Detonators are not transported with other explosives on the
same vehicle, unless packaged, segregated, and transported in
accordance with the regulations of DOT (49 CFR 177.835(g));
    (vi) When explosives are transported on a railway car utilizing
private railroad tracks, the car, its contents, and method of loading
are in accordance with the regulations of DOT (49 CFR chapter I);
    (vii) Explosives at a railway facility, truck terminal, pier,
harbor facility, or airport terminal, whether for delivery to a
consignee or forwarded to some other destination, are kept in a manner
that minimizes risk to employees; and
    (viii) The driver or other employee attending the vehicle is
knowledgeable about the nature and hazards of the explosives contained
in the vehicle and the procedures for handling emergency situations.
    (2) Vehicles. (i) The employer shall ensure that any vehicle used
to carry explosives:
    (A) Is able to safely carry the designated load;
    (B) Has close-fitting floors; and
    (C) Has wood or other non-sparking materials covering any exposed
spark-producing metal on the inside of the vehicle body.
    (ii) The employer shall ensure that any vehicle containing
explosives or oxidizers located at a private facility or blast site has
exterior markings or placards designed and displayed in accordance with
the regulations of DOT (49 CFR chapter I).
    (iii) For all open-bodied vehicles containing explosives, the
employer shall ensure that:
    (A) The explosives are protected with a flameproof and moisture-
proof tarpaulin or other effective means of protection from fire,
sparks, and moisture; and
    (B) The explosives are not loaded above the sides of the vehicle.
    (iv) For each vehicle used to carry explosives, the employer shall
ensure that:
    (A) The vehicle is equipped with at least two fire extinguishers
filled and in good working order, each having a rating of at least 4-
A:40-B:C;
    (B) One of the fire extinguishers on the vehicle is located in
close proximity to the driver's seat; and
    (C) The fire extinguishers on the vehicle are listed or approved by
a nationally recognized testing laboratory (refer to Sec.
1910.155(c)(3)(iv)(A) for definition of listed fire extinguishers, and
Sec.  1910.7 for nationally recognized testing laboratories).
    (v) For each vehicle used for carrying explosives, the employer
shall ensure the following:
    (A) Fire extinguishers are used, maintained, and tested in
accordance with Sec.  1910.157;
    (B) Fire extinguishers are used only to fight non-explosive fires;
i.e., tire fires, battery fires, engine fires, cab fires, etc., where
the fire has not yet reached the explosive cargo; and
    (C) The explosive cargo cannot shift, spill, or become damaged
during transit.
    (vi) The employer shall ensure that any vehicle containing
explosives is maintained in good and safe working condition for
transporting explosives.
    (3) Operation of vehicles. (i) The employer shall ensure that:
    (A) Only employees designated by the employer ride in or drive a
vehicle containing explosives;
    (B) Vehicles containing explosives are only driven by and are in
the charge of a driver who is familiar with relevant traffic
regulations and the provisions of paragraph (e) of this section, and
possesses a valid driver's license appropriate for the vehicle;
    (C) Except under emergency conditions, no vehicle containing
explosives is parked before reaching its destination on any public
street adjacent to or in close proximity to any place of employment;
    (D) No spark-producing metal, spark-producing tools, oils, matches,
firearms, electric storage batteries, flammable substances, acids,
oxidizers, or corrosive compounds are carried in the body of any
vehicle containing explosives, unless the carrying of such dangerous
articles and the explosives complies with DOT regulations (49 CFR
chapter I); and
    (E) Deliveries of explosives are received only by employees
authorized by the employer to receive such explosives.
    (ii) The employer shall ensure that every vehicle containing
Division 1.1, 1.2, or 1.3 explosives at the employer's worksite or
facility is attended at all times by the driver or other responsible
person authorized by the employer.
    (A) For the purposes of this section, the vehicle shall be
considered ``attended'' only when the driver or other responsible
person authorized by the employer is physically on or in the vehicle,
or can see and reach the vehicle quickly and without any interference.
``Attended'' also means that the driver or other employee is awake,
alert, and not engaged in other duties or activities which may divert
attention from the vehicle; and
    (B) The driver or other employee attending the vehicle shall be
authorized, capable, and have the necessary means to drive the assigned
vehicle safely.
    (f) Use of explosives for blasting. (1) General provisions. (i) The
employer shall ensure that the blaster-in-charge:
    (A) Is trained, knowledgeable, and experienced in the storage,
transportation, handling, and use of explosives;
    (B) Is knowledgeable about relevant federal, state, and local
regulations pertaining to explosives;
    (C) Is trained, knowledgeable, and experienced in the use of each
type of blasting method being used;
    (D) Is in control of the blasting operations, blast site, and blast
area; and
    (E) Evaluates each blast site and blast area for which he or she is
responsible and implements the measures that will ensure the safety of
employees and the security of those areas.
    (ii) The employer shall ensure the following: (A) Explosives are
used in accordance with manufacturers' recommendations;
    (B) All employees involved in blasting operations work only under
the supervision of the blaster-in-charge;
    (C) Only Type 3 magazines or the original containers are used to
transport detonators and other explosives from magazines to the blast
site;
    (D) Employees are protected from flying fragments produced during
blasting operations by removing employees to a safe distance, using
protective barricades, or utilizing other equivalent means to protect
employees;
    (E) Adequate precautions are taken to prevent sources of induced
current, such as lightning, adjacent power lines, dust storms, snow
storms, radar, radio transmitters, cellular phones, or other sources of
extraneous electricity, from causing the accidental ignition of
electric blasting caps; and
    (F) Signs are posted warning against the use of mobile radio
transmitters or cellular phones on all roads within 350

feet (106.7 m) of the blasting operations. The signs shall read:
WARNING
EXPLOSIVES HAZARD
DO NOT USE MOBILE RADIO TRANSMITTERS OR CELLULAR PHONES
    (iii) (A) The employer shall ensure that all surface blasting
operations are conducted only during daylight hours; except as provided
in (f)(1)(iii)(B) of this section.
    (B) Unusual blasting operations associated with industrial
processes, such as blasting slag pockets and dustcatchers, that are
performed indoors are permitted at any time of day when a minimum
illumination density of 20 lumens per square foot is provided within a
5-foot (1.5 m) radius of locations where explosives are being
assembled, placed, or attached to detonators.
    (iv) Whenever blasting operations are being conducted in close
proximity to gas, electric, water, telephone, or other similar
utilities, the employer shall not commence such blasting operations
until receiving and documenting approval from the appropriate utility
representatives.
    (2) Explosives at blast sites. The employer shall ensure that:
    (i) Empty containers and paper and fiber packing materials which
previously contained explosives are disposed of in a safe manner, or
reused in accordance with DOT regulations (49 CFR chapter I);
    (ii) Only non-sparking tools shall be used to open containers of
explosives;
    (iii) No explosives are abandoned; and
    (iv) All unused explosives are immediately returned to appropriate
magazines.
    (3) Loading of explosives in drill holes. The employer shall ensure
that:
    (i) All drill holes are of sufficient size to permit the free
insertion of explosives;
    (ii) Tamping of explosives is performed:
    (A) Only with non-sparking tools; and
    (B) In a manner that does not degrade or otherwise damage the
explosives or cause the explosives to detonate;
    (iii) Pneumatic loading of explosives into drill holes primed with
electric detonators or other static electricity-sensitive initiation
systems conforms to the following requirements:
    (A) Equipment is bonded and grounded;
    (B) A semi-conductive hose is used; and
    (C) The blaster-in-charge evaluates all systems to assure that they
will safely dissipate static electricity under potential field
conditions;
    (iv) No employee drills into explosives or any portion of a hole
that at any time contained explosives;
    (v) After loading for a blast is completed but before detonation,
all remaining explosives, including detonators, are immediately
returned to the appropriate magazines;
    (vi) During the time that drill holes are loaded or are being
loaded, only personnel who are engaged in drilling or loading
operations, or are otherwise authorized by the employer, may enter the
blast site; and
    (vii) After the loaded drill holes are connected but prior to them
being connected to a source of initiation:
    (A) The blast area shall be barricaded and posted, guarded, or
both. If barricaded and posted, the posted sign shall read ``DANGER--
EXPLOSIVES HAZARD--DO NOT ENTER'' or equivalent language; and
    (B) All personnel shall be removed from the blast area.
    (4) Initiation of explosive charges. The employer shall ensure
that:
    (i) Where sources of extraneous electricity in excess of fifty (50)
milliamperes (flowing through a one-ohm resistor) are present, electric
detonators are used only if sufficient measures are taken to ensure
that the detonators will not inadvertently activate;
    (ii) The blaster-in-charge supervises selection and installation of
the initiation system;
    (iii) The initiation system is used in accordance with the
manufacturer's recommendations;
    (iv) The blaster-in-charge checks the initiation system visually
after blast hookup;
    (v) The blaster-in-charge tests the blast layout for continuity as
recommended by the manufacturer;
    (vi) Where deemed necessary by the blaster-in-charge, a double
trunk line or closed-loop hookup is used in the initiation system;
    (vii) When a safety fuse is used, only a crimper approved by the
detonator manufacturer or the safety fuse manufacturer is used to
connect the detonator to the safety fuse;
    (viii) All primers are assembled at least 50 feet (15.25 m) away
from any magazine;
    (ix) Primers are made up only as needed for immediate use;
    (x) When an explosives cartridge that does not have a detonator
well is used as a primer, a hole large enough to accommodate the
detonator is made in the cartridge with a spark-resistant powder punch
approved either by the explosives manufacturer or by the blaster-in-
charge;
    (xi) When testing electric circuits that lead to loaded drill
holes, only blasting galvanometers or other instruments specifically
designed for this purpose are used; and
    (xii) In electrical firing:
    (A) Only the person making the lead line connections or the
blaster-in-charge shall fire the shot; and
    (B) Blasting lead lines shall remain shunted (shorted) and not
connected to the blasting machine or other source of current until the
charge is to be fired.
    (5) Warning signal. The employer shall ensure that, before a blast
is fired, all persons and vehicles are at a safe distance outside the
blast area or under sufficient cover, and that an adequate warning
signal is given.
    (6) Post blast procedures. After a blast, the employer shall ensure
that:
    (i) No other person enters the blast area until it is inspected by
the blaster-in-charge and found to be free of misfires and other safety
hazards and the blaster-in-charge has given an all-clear signal; and
    (ii) The blaster-in-charge does not enter the blast site until
sufficient time has passed to allow smoke and fumes to dissipate and
dust to settle.
    (7) Misfires. The employer shall ensure that:
    (i) Whenever there is a misfire while using blasting cap and fuse
or electronic detonators, all employees remain outside the blast area
for at least 1 hour. If electric detonators or nonelectric detonators
(other than cap and fuse) are used and a misfire occurs, this waiting
period may be reduced to 30 minutes;
    (ii) Whenever explosives remain in a misfired hole, a new primer is
inserted and the hole is reblasted. Where reblasting presents a hazard,
the remaining explosives shall be washed out with water, or, where the
misfire is underwater, blown out with air;
    (iii) Misfires are handled under the direction of the blaster-in-
charge and all initiation paths are carefully traced and a thorough
search made for unexploded charges;
    (iv) Explosives recovered from blasting misfires are placed in a
magazine that is used only for the storage of misfired explosives and
are then disposed of as soon as possible in accordance with the
manufacturers' recommendations; and
    (v) Detonators recovered from blasting misfires are not reused and
are disposed of as soon as possible in accordance with the
manufacturers' recommendations.

    (g) Blasting agents, water gels, slurries, and emulsions. (1)
General provisions.
    (i) Unless otherwise set forth in this paragraph (g):
    (A) Blasting agents, water gels, slurries, and emulsions shall be
stored, transported, handled, and used in the same manner as other
explosives; and
    (B) Water gels, slurries, and emulsions classified as Division 1.1
or Division 1.5 shall meet the same requirements as blasting agents in
paragraph (g). However, the manufacture of water gels, slurries, and
emulsions classified as Division 1.1 explosives also shall comply with
Sec.  1910.119 Process Safety Management.
    (ii) The employer shall ensure the following:
    (A) Caked oxidizers, either in bags or in bulk, are not loosened by
blasting;
    (B) Equipment used for mixing and packaging of blasting agents is
constructed of materials compatible with the blasting agent
composition;
    (C) Spills or leaks which may contaminate combustible materials are
cleaned up immediately;
    (D) Ingredients are not kept with incompatible materials; and
    (E) Water gels, slurries, and emulsions, or their liquid
ingredients maintain their liquid or water content.
    (iii) If a Type 5 magazine is used as a bulk storage container for
blasting agents, the employer shall ensure that any electrically driven
conveyors used for loading or unloading the magazine are designed to
minimize damage from corrosion.
    (2) Fixed location mixing. (i) In a building used for the mixing of
blasting agents, the employer shall ensure the following:
    (A) The building is of noncombustible construction or constructed
of sheet metal on wood studs;
    (B) Floors are constructed of concrete or other minimally absorbent
material and have no drains or piping into which molten materials could
flow and be confined during a fire;
    (C) The building is ventilated to prevent unsafe heat or fume
accumulations;
    (D) Heating, if supplied for the building, is provided in a manner
that does not create a fire or ignition hazard;
    (E) All direct sources of building heat shall be provided
exclusively from units located outside the building;
    (F) Heating units which do not depend on combustion processes may
be used in the building if they do not create a fire or ignition
hazard;
    (G) All internal-combustion engines are located outside the
building, or are safely ventilated and isolated by a fire barrier wall
with at least a 1-hour rating;
    (H) The exhaust systems on all internal-combustion engines are
located so that no sparks or other ignition sources create a hazard to
any materials in or in close proximity to the building;
    (I) All electric equipment located in the mixing room is in
accordance with the requirements in subpart S of this part for Class
II, Division 2 locations;
    (J) All fuel-oil storage facilities are separated from the mixing
building and located in such a manner that in case of tank rupture, the
oil will drain away from the building and other facilities containing
explosives or employees. Alternatively, tanks may be diked in a manner
that will contain the entire tank contents in case of rupture; and
    (K) The land surrounding the building is kept clear of all
combustible materials for a distance of at least 25 feet (7.63 m).
    (ii) Equipment used for mixing blasting agents. The employer shall
ensure that:
    (A) The mixing equipment minimizes the possibility of frictional
heating, compaction, and confinement;
    (B) All surfaces of the mixing equipment are accessible for
cleaning;
    (C) All bearings and drive assemblies are mounted outside the mixer
and protected against dust accumulation;
    (D) Suitable means are provided to prevent the flow of fuel oil to
the mixer in case of fire. In gravity-flow systems, an automatic
spring-loaded shutoff valve with a fusible link shall be installed;
    (E) Both equipment and handling procedures prevent the inadvertent
introduction of foreign objects or materials into the mixing process;
and
    (F) Mixers, pumps, valves, and related equipment are regularly and
periodically flushed, cleaned, dismantled, and inspected.
    (iii) Blasting agent compositions. The employer shall ensure that:
    (A) Oxidizers of small particle size, such as crushed ammonium
nitrate prills or fines, which may be more sensitive than coarser
products, are handled with additional care compared to the coarser
products;
    (B) No hydrocarbon liquid fuel with a flashpoint lower than 125
[deg]F (51.7 [deg]C) is used except at ambient air temperatures below
45 [deg]F (7.2 [deg]C) where fuel oils with flashpoints as low as 100
[deg]F (37.8 [deg]C) are used;
    (C) Crude oil and crankcase oil are not used as a blasting agent
ingredient;
    (D) Metal powders such as aluminum are kept dry and stored in
moisture-resistant or weather tight containers;
    (E) Solid fuels are used in a manner that minimizes dust explosion
hazards as far as possible; and
    (F) Peroxides and chlorates are not used.
    (iv) Mixing operations. The employer shall ensure the following:
    (A) Empty ammonium nitrate bags are disposed of daily in a safe
manner;
    (B) No hot work or open flames are permitted in or around the
mixing building unless the equipment and surrounding area have been
completely washed down and all oxidizers and fuels removed;
    (C) Before welding or repairing hollow shafts of mixing equipment,
all blasting agents and their ingredients are removed from the outside
and inside of the shaft, and the shaft is vented through an opening at
least one-half inch in diameter; and
    (D) No explosives other than blasting agents are located inside or
within 50 feet (15.25 m) of any building used for the mixing of
blasting agents.
    (3) Bulk delivery vehicles. (i) Applicability. The provisions of
paragraph (e) of this section also apply to bulk delivery vehicles
transporting blasting agents or their ingredients in bulk form.
    (ii) Bulk delivery vehicle construction. The employer shall ensure
that the following requirements are met for bulk delivery vehicles:
    (A) The vehicle body is constructed of noncombustible materials;
    (B) Vehicles have enclosed bodies;
    (C) All moving parts of the mixing system are designed to prevent
heat buildup;
    (D) Shafts or axles which contact the blasting agent or blasting
agent ingredients have outboard bearings with a 1-inch (2.54 cm)
minimum clearance between the bearings and the outside of the product
container;
    (E) When electrical power is supplied by a self-contained generator
located on the vehicle, the generator is located where it will not
create a fire or ignition hazard;
    (F) The vehicle is able to safely carry the designated load;
    (G) The vehicle's processing equipment, including its mixing and
conveying equipment, is compatible with the relative sensitivity of the
materials being handled;
    (H) All hollow shafts of the vehicle's processing equipment are
constructed to permit venting through an opening at least one-half inch
in diameter; and
    (I) Means are provided on the vehicle to prevent the flow of fuel
to the mixer in case of fire. In gravity flow systems, an automatic
spring-loaded shut-off valve with fusible link shall be installed;
    (iii) Bulk delivery vehicle operation. The employer shall ensure
the following requirements are met for bulk delivery vehicle operation:

    (A) The driver of the vehicle is trained and capable of safely
operating the vehicle;
    (B) The operator, whether the driver or another employee, is
trained and capable of safely operating the mixing, conveying, and
related equipment on the vehicle;
    (C) Smoking, matches, open flames, spark-producing devices, and
firearms (except firearms required to be carried by guards) are not
permitted within 25 feet (7.63 m) of the vehicle;
    (D) The transfer of blasting agents or their ingredients from one
bulk delivery vehicle to another vehicle is performed at a safe
distance away from any blast site where drill holes are loaded or in
the process of being loaded;
    (E) While the bulk delivery vehicle is in a blast site, caution is
exercised to avoid driving the vehicle over hoses or dragging hoses
over firing lines, detonating cords, detonator wires or tubes, or
explosives;
    (F) To ensure the safe movement of the bulk delivery vehicle in the
blast site, the driver has the assistance of a second person to guide
the vehicle's movements;