[Federal Register: November 30, 2009 (Volume 74, Number 228)]
[Notices]
[Page 62632]
[DOCID:fr30no09-109]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Union Pacific Railroad Company

[Docket Number FRA-2007-28454]

    By a letter dated January 16, 2009, FRA granted conditional relief
in response to the petition filed by the Union Pacific Railroad Company
(UP) for a waiver of compliance from 49 CFR 232.305(b)(2) Single car
air brake tests as it relates to UP's in-train wheel-set replacement
program. Specifically, UP sought relief from the regulation to the
extent necessary to permit the replacement of non-FRA-condemnable
wheel-sets on railcars as part of an in-train wheel-set replacement
program without the need to also perform single car air brake tests
(SCABT) as required by Sec.  232.305(b)(2), if the car has not received
a SCABT within the previous 12 months. UP now, by a letter dated June
5, 2009, seeks revision of Condition 6 of FRA's January 16, 2009,
letter. Condition 6 requires the identification and removal of wheels
exerting 100 kips or greater, or exerting 90 kips and an acoustic
bearing detector defect, when the car is empty at the first in-train
wheel replacement location. UP's complete request can be reviewed at
http://www.regulations.gov under the docket number listed above.
    UP states that the threshold of ``100 kips'' in Condition 6 is
onerous, is contrary to UP's and other railroads experience of this
threshold as being close to 140 kips, is not a requirement in 49 CFR
regulations, is an unnecessarily strict standard exclusive to UP's in-
train wheel-set replacement program, places UP in a different category
than other railroads, and hampers UP's innovative and voluntary effort
to improve safety by allowing it to replace an increased numbers of
wheel-sets with incipient defects. As a result, UP requests that FRA
modify this condition to require replacement of wheels exerting 140
kips or greater, or wheels exerting 90 kips in conjunction with
acoustic bearing detector defects.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2007-28454) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, D.C. 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC on November 23, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-28480 Filed 11-27-09; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register Volume 79, Number 30 (Thursday, February 13, 2014)]
[Rules and Regulations]
[Pages 8604-8605]
[FR Doc No: 2014-03058]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0682; Airspace Docket No. 13-ASO-17]

Amendment of Class E Airspace; McMinnville, TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E Airspace at McMinnville, TN, as the
Warri Non-Directional Beacon (NDB) has been decommissioned and new
standard instrument approach procedures developed for Instrument Flight
Rules (IFR) operations at Warren County Memorial Airport. This enhances
the safety and management of aircraft operations at the airport.

DATES: Effective 0901 UTC, April 3, 2014. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On September 24, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class E airspace at
Warren County Memorial Airport, McMinnville, TN. (78 FR 58489).
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9X dated August 7, 2013, and effective September 15,
2013, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace extending upward from 700 feet above
the surface within a 7.2-mile radius of Warren County Memorial Airport,
McMinnville, TN. Airspace reconfiguration is necessary due to the
decommissioning of the Warri NDB and cancellation of the NDB approach,
and for continued safety and management of IFR operations at the
airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Warren County Memorial Airport,
McMinnville, TN.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9X, Airspace Designations and Reporting
Points, dated August 7, 2013, effective September 15, 2013, is amended
as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth

* * * * *

ASO TN E5 McMinnville, TN [Amended]

Warren County Memorial Airport, TN
    (Lat. 35[deg]41'55'' N., long. 85[deg]50'38'' W.)
Columbia River Park Hospital, Point In Space Coordinates
    (Lat. 35[deg]42'06'' N., long. 85[deg]43'45'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.2-mile radius of Warren County Memorial Airport, and
within a 6-mile radius of the point in space (lat. 35[deg]42'06''
N., long. 85[deg]43'45'' W.) serving Columbia River Park Hospital.

    Issued in College Park, Georgia, on February 4, 2014.
Eric Fox,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2014-03058 Filed 2-12-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Notices]
[Pages 32905-32906]
[FR Doc No: 2019-14642]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2265-016; ER12-21-022; ER10-2261-008; ER11-
2062-024; ER11-4307-025; ER12-261-024; ER10-2264-008; ER10-1581-022;
ER10-2354-010; ER11-4308-025; ER13-2107-012; ER13-2020-012; ER13-2050-
012; ER10-2359-009; ER11-3418-004.
    Applicants: NRG Power Marketing LLC, Agua Caliente Solar, LLC,
Cabrillo Power II LLC, Energy Plus Holdings LLC, Green Mountain Energy
Company, Independence Energy Group LLC, Long Beach Generation LLC, Long
Beach Peakers LLC, Midway-Sunset Cogeneration Company, Reliant Energy
Northeast LLC, Solar Partners I, LLC, Solar Partners II, LLC, Solar
Partners VIII, LLC, Sunrise Power Company, LLC, XOOM Energy, LLC.
    Description: Updated Market Power Analysis of the NRG Southwest MBR
Sellers.
    Filed Date: 6/28/19.
    Accession Number: 20190628-5363.
    Comments Due: 5 p.m. ET 8/27/19.

    Docket Numbers: ER10-2290-007.
    Applicants: Avista Corporation.
    Description: Triennial Market Power Update for the Northwest Region
of Avista Corporation.
    Filed Date: 7/1/19.
    Accession Number: 20190701-5387.
    Comments Due: 5 p.m. ET 8/30/19.

    Docket Numbers: ER10-2474-019; ER10-2475-019; ER10-3246-013; ER12-
21-021; ER13-1266-022; ER15-2211-019.
    Applicants: Nevada Power Company, Sierra Pacific Power Company,
PacifiCorp, CalEnergy, LLC, MidAmerican Energy Company.
    Description: Updated Market Power Analysis for the Northwest Region
of the BHE Northwest Entities.
    Filed Date: 6/28/19.
    Accession Number: 20190628-5333.
    Comments Due: 5 p.m. ET 8/27/19.

    Docket Numbers: ER10-2575-009.
    Applicants: Watson Cogeneration Company.
    Description: Updated Market Power Analysis of Watson Cogeneration
Company.
    Filed Date: 6/28/19.
    Accession Number: 20190628-5353.
    Comments Due: 5 p.m. ET 8/27/19.

    Docket Numbers: ER10-2575-010.
    Applicants: Watson Cogeneration Company.
    Description: Notification of Change in Status of Watson
Cogeneration Company.
    Filed Date: 6/28/19.
    Accession Number: 20190628-5354.
    Comments Due: 5 p.m. ET 7/19/19.

    Docket Numbers: ER10-2862-007; ER11-4625-007.
    Applicants: Harbor Cogeneration Company, LLC.
    Description: Triennial Market Power Analysis and Notice of Change
of Status of Harbor Cogeneration Company, LLC, et al.
    Filed Date: 6/28/19.
    Accession Number: 20190628-5350.
    Comments Due: 5 p.m. ET 8/27/19.

    Docket Numbers: ER10-3050-004; ER10-3053-004.
    Applicants: Cabazon Wind Partners, LLC, Whitewater Hill Wind
Partners, LLC.
    Description: Updated Market Power Analysis for the Southwest Region
of Cabazon Wind Partners, LLC, et. al.
    Filed Date: 6/28/19.
    Accession Number: 20190628-5344.
    Comments Due: 5 p.m. ET 8/27/19.

    Docket Numbers: ER11-1858-008.
    Applicants: NorthWestern Corporation.
    Description: Triennial Market Power Analysis for the Northwest
Region of NorthWestern Corporation.
    Filed Date: 6/28/19.
    Accession Number: 20190628-5341.
    Comments Due: 5 p.m. ET 8/27/19.

    Docket Numbers: ER13-1865-003.
    Applicants: Tesoro Refining & Marketing Company LLC.
    Description: Updated Market Power Analysis of Tesoro Refining &
Marketing Company LLC.
    Filed Date: 6/28/19.
    Accession Number: 20190628-5348.
    Comments Due: 5 p.m. ET 8/27/19.

    Docket Numbers: ER13-1865-004.
    Applicants: Tesoro Refining & Marketing Company LLC.
    Description: Notification of Change in Status of Tesoro Refining &
Marketing Company LLC.
    Filed Date: 6/28/19.
    Accession Number: 20190628-5349.
    Comments Due: 5 p.m. ET 7/19/19.

    Docket Numbers: ER16-1341-003.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.19a(b): Refund Report_Historical Amounts Billed under Attachment Z2
to be effective N/A.
    Filed Date: 6/28/19.
    Accession Number: 20190628-5345.

    Comments Due: 5 p.m. ET 7/19/19.

    Docket Numbers: ER19-1073-001; ER11-3942-019; ER13-1139-018; ER13-
1346-010; ER14-2630-011; ER19-1074-001; ER19-1075-001; ER19-1076-001;
ER19-529-001.
    Applicants: Alta Wind VIII, LLC, Brookfield Energy Marketing Inc.,
Brookfield Energy Marketing LP, Brookfield Energy Marketing US LLC,
Brookfield Renewable Trading and Marketing LP, Mesa Wind Power
Corporation, Windstar Energy LLC, Imperial Valley Solar 1, LLC, Regulus
Solar, LLC.
    Description: Updated Market Power Analysis for the Southwest Region
of the Brookfield Companies and the TerraForm Companies.
    Filed Date: 6/28/19.
    Accession Number: 20190628-5339.
    Comments Due: 5 p.m. ET 8/27/19.

    Docket Numbers: ER19-1575-001; ER10-1992-020; ER10-3251-013; ER13-
1586-014; ER14-2382-013; ER14-2871-013; ER15-110-012; ER15-463-012;
ER15-621-012; ER15-622-012; ER16-1129-006; ER16-1130-006; ER16-1131-
006; ER16-1132-006; ER16-182-008; ER16-72-008; ER16-902-004; ER17-1574-
003; ER17-1785-003; ER17-47-005; ER17-48-005; ER18-2013-002; ER18-2240-
001; ER18-2241-001; ER18-47-004; ER19-1658-001; ER19-1660-001; ER19-
1662-001; ER19-1663-001; ER19-1664-001; ER19-1665-001; ER19-1666-001;
ER19-1667-001; ER19-426-001; ER19-427-001.
    Applicants: Alta Oak Realty, LLC, Dutch Wind, LLC, Cameron Ridge,
LLC, Cameron Ridge II, LLC, Coachella Wind, LLC, DifWind Farms Limited
I, DifWind Farms Limited II, DifWind Farms Limited V, DifWind Farms LTD
VI, EUI Affiliate LLC, Garnet Wind, LLC, Luz Solar Partners IX, Ltd.,
Luz Solar Partners VIII, Ltd., Mojave 3/4/5 LLC, MOJAVE 16/17/18 LLC,
Oak Creek Wind Power, LLC, ON Wind Energy LLC, Pacific Crest Power,
LLC, PHWD Affiliate, LLC, Refresh Wind, LLC, Refresh Wind 2, LLC,
Ridgetop Energy, LLC, San Gorgonio Westwinds II--Windustries, LLC, San
Gorgonio Westwinds II, LLC, Terra-Gen 251 Wind, LLC, Terra-Gen Dixie
Valley, LLC, Terra-Gen Energy Services, LLC, Terra-Gen Mojave
Windfarms, LLC, Terra-Gen VG Wind, LLC, TGP Energy Management, LLC,
Victory Garden Phase IV, LLC, Voyager Wind I, LLC, Voyager Wind II,
LLC, VPI Enterprises, LLC, Yavi Energy, LLC.
    Description: Updated Market Power Analysis for the Southwest Region
of Alta Oak Realty, LLC, et. al.
    Filed Date: 6/28/19.
    Accession Number: 20190628-5338.
    Comments Due: 5 p.m. ET 8/27/19.

    Docket Numbers: ER19-2326-000.
    Applicants: NSTAR Electric Company.
    Description: Initial rate filing: SEMASS Partnership--Design,
Engineering and Construction Agreement to be effective 7/1/2019.
    Filed Date: 7/1/19.
    Accession Number: 20190701-5330.
    Comments Due: 5 p.m. ET 7/22/19.

    Docket Numbers: ER19-2327-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: Sec.  205(d) Rate Filing: Notice of Eff Date--Monthly
``Balance of Planning Period'' and Chng to FTR Rights to be effective
9/17/2019.
    Filed Date: 7/1/19.
    Accession Number: 20190701-5341.
    Comments Due: 5 p.m. ET 7/22/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 2, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-14642 Filed 7-9-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 226 (Friday, November 22, 2013)]
[Proposed Rules]
[Pages 70007-70008]
[FR Doc No: 2013-28124]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 174

[EPA-HQ-OPP-2013-0704; FRL-9902-96]

Receipt of a Pesticide Petition Filed for Residues of a Pesticide
Chemical in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petition and request for comment.

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SUMMARY: This document announces the Agency's receipt of an initial
filing of a pesticide petition requesting the establishment or
modification of regulations for residues of a pesticide chemical in or
on various commodities.

DATES: Comments must be received on or before December 23, 2013.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2013-0704, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/

DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.

Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Denise Greenway, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the agency taking?

    EPA is announcing receipt of a pesticide petition filed under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), (21
U.S.C. 346a), requesting the establishment or modification of
regulations in 40 CFR part 174 for residues of a pesticide chemical in
or on various food commodities. The Agency is taking public comment on
the request before responding to the petitioner. EPA is not proposing
any particular action at this time. EPA has determined that the
pesticide petition described in this document contains data or
information prescribed in FFDCA section 408(d)(2); however, EPA has not
fully evaluated the sufficiency of the submitted data at this time or
whether the data supports granting of the pesticide petition. After
considering the public comments, EPA intends to evaluate whether and
what action may be warranted. Additional data may be needed before EPA
can make a final determination on this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition that is the
subject of this document, prepared by the petitioner, is included in a
docket EPA has created for this rulemaking. The docket for this
petition is available online at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), (21 U.S.C. 346a(d)(3)),
EPA is publishing notice of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of a pesticide in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.
    PP 2F8066. Dow AgroSciences LLC, 9330 Zionsville Road,
Indianapolis, IN, 46268, requests to establish an exemption from the
requirement of a tolerance for residues of the plant-incorporated
protectant (PIP), Bacillus thuringiensis Cry1F protein, in or on
soybean. The petitioner believes no analytical method is needed because
the petitioner is seeking an exemption from the requirement of a
tolerance.

List of Subjects in 40 CFR 174

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: November 13, 2013.
Robert McNally,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. 2013-28124 Filed 11-21-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Rules and Regulations]
[Pages 16085-16093]
[FR Doc No: 2016-06359]

=======================================================================
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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

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

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

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

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

ACTION: Final rule.

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SUMMARY: On March 13, 2015, OSHA published in the Federal Register a
notice of proposed rulemaking (NPRM) to revise its eye and face
protection standards for general industry, shipyard employment, marine
terminals, longshoring, and construction by updating the references to
national consensus standards approved by the American National
Standards Institute (ANSI). OSHA received no significant objections
from commenters and therefore is adopting the amendments as proposed.
This final rule updates the references in OSHA's eye and face standards
to reflect the most recent edition of the ANSI/International Safety
Equipment Association (ISEA) eye and face protection standard. It
removes the oldest-referenced edition of the same ANSI standard. It
also amends other provisions of the construction eye and face
protection standard to bring them into alignment with OSHA's general
industry and maritime standards.

DATES: This final rule becomes effective on April 25, 2016. The
incorporation by reference of certain standards listed in the rule was
approved by the Director of the Federal Register as of April 25, 2016.

ADDRESSES: In accordance with 28 U.S.C. 2112(a), OSHA designates Ann S.
Rosenthal, Associate Solicitor of Labor for Occupational Safety and
Health, Office of the Solicitor, Room S-4004, U.S. Department of Labor,
200 Constitution Avenue NW., Washington, DC 20210, to receive petitions
for review of the final rule.
    The address for OSHA's docket office is: Docket Office, Technical
Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
2350. (OSHA's TTY number is<PHONE_NUMBER>)). The hours of operation
for the OSHA Docket Office are 8:15 a.m. to 4:45 p.m., e.t. In
addition, addresses and phone numbers for OSHA's state and regional
offices can be found at http://www.osha.gov/about.html.

FOR FURTHER INFORMATION CONTACT:
    General information and press inquiries: Frank Meilinger, Director,
OSHA Office of Communications, Room N-3647, U.S. Department of Labor,
200 Constitution Avenue NW., Washington, DC 20210; telephone: (202)
693-1999; email<EMAIL_ADDRESS>    Technical information: Ken Stevanus, Directorate of Standards and
Guidance, Room N-3609, OSHA, U.S. Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210; telephone:<PHONE_NUMBER>; fax: (202)
693-1663; email<EMAIL_ADDRESS>    Copies of this Federal Register notice: Electronic copies of this
Federal Register notice are available at http://www.regulations.gov.
This Federal Register notice, as well as news releases and other
relevant information, also are available at OSHA's Web page at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Background
    A. Overview and Procedural Background
    B. Incorporation by Reference Under 1 CFR part 51
III. Summary and Explanation of the Final Rule
    A. Revisions to OSHA's Eye and Face Protection Standards
    B. Discussion of Comments
IV. Agency Determinations
    A. Legal Considerations
    B. Final Economic Analysis and Regulatory Flexibility Act
Certification
    C. Paperwork Reduction Act of 1995
    D. Federalism
    E. State Plan States
    F. Unfunded Mandates Reform Act of 1995
    G. Consultation and Coordination with Indian Tribal Governments
V. Authority and Signature

I. Executive Summary

    This final rule updates eye and face protection requirements in
OSHA's general industry, shipyard employment, marine terminals,
longshoring, and construction standards. The changes involve
incorporation by reference of the latest ANSI/ISEA Z87.1-2010 standard
on Occupational and Educational Eye and Face Protection Devices and
removal of the oldest ANSI (Z87.1-1989) version of the same standard.
In addition, OSHA is modifying the language in its construction
standard to make it more consistent with the general and maritime
industry standards.
    This new rule will allow employers to continue to follow the
existing ANSI standards referenced or allow employers to follow the
latest version of the same ANSI/ISEA standard. Employers are not
required to update or replace protection devices solely as a result of
this rule and may continue to follow their current and usual practices
for their eye and face protection. Therefore, this rule has no
compliance or economic burdens associated with it.

II. Background

A. Overview and Procedural Background

    OSHA requires employers to ensure that their employees use eye and
face protection where necessary to protect them against flying objects,
splashes or droplets of hazardous chemicals, and other workplace
hazards that could injure their eyes and face. OSHA's standards state
that the protection employers provide must meet specified consensus
standards. For operations covered by OSHA's general industry, shipyard
employment, longshoring, and marine terminals standards, the protection
must comply with one of the following standards: ANSI Z87.1-2003, ANSI
Z87.1-1989 (R-1998), and ANSI Z87.1-1989. Alternatively, the employer
may show that the devices used are at least as effective as one of
these consensus standards (29 CFR 1910.133(b); 29 CFR 1915.153(b); 29
CFR 1917.91(a)(1); 29 CFR 1918.101(a)(1)). The construction standard
requires that eye and face protection meet the requirements of ANSI
Z87.1-1968 (29 CFR 1926.102(a)(2)).
    As a part of its ongoing efforts to update its standards with the
latest versions of national consensus standards, (see 69 FR 68283),
OSHA last updated its eye and face protection standards in 2009 (74 FR
46350). That effort did not address the eye and face protection
requirements in the construction standard, which had been revised in
1993, and during the 2009 rulemaking OSHA received several comments
suggesting that the construction requirements be updated as well. After
the new ANSI/ISEA 87.1-2010 standard was published, OSHA decided to
again update its eye and face protection requirements.
    Before publishing a proposal, OSHA consulted the Advisory Committee
on Construction Safety and Health (ACCSH) on May 8, 2014, as required
by 29 CFR 1911.10. OSHA presented two options to ACCSH. The first
option replaced all eye and face protection provisions in the
construction standard with those of the general industry and maritime
standards, except those that

were unique to the construction industry standard. The second option
substituted only the three most current (ANSI/ISEA and ANSI) standards
for the outdated ANSI standard currently cited, or allowed the employer
to show that the protection was at least as protective as one of those
standards. The remaining provisions of the construction standard were
unchanged except for the removal of Table E-1, which referenced the
outdated ANSI standard. The Committee selected the first option and
passed a motion recommending that the Agency move forward in the
rulemaking process. (See ACCSH meeting minutes, ID: OSHA-2014-0024-
0004; see also Options presented to ACCSH, ID: OSHA-2014-0024-0003).
    On March 13, 2015, OSHA published an NPRM in the Federal Register
to revise its eye and face protection standards. For the general
industry and maritime standards, OSHA proposed updating the ANSI
standard references by deleting ANSI Z87.1-1989 and replacing it with
ANSI/ISEA Z87.1-2010 (80 FR 13295). In addition, in the NPRM, the
Agency proposed deleting the reference to ANSI Z87.1-1968 in its
construction standard at 29 CFR 1926.102, and replacing it with the
references to the same three consensus standards (including Z87.1-2010)
cited in the proposed general industry, shipyard employment,
longshoring, and marine terminals standards. As recommended by ACCSH,
OSHA also proposed other changes to the construction standard to bring
it into greater alignment with OSHA's other eye and face protection
requirements, while retaining requirements unique to the construction
standard not covered by the ANSI standards. Thus, the NPRM allowed all
employers covered by OSHA's standards to follow any of the three most
recent versions of the ANSI/ISEA eye and face protection standard.
    OSHA received no significant adverse comment to the proposal, and
this notice finalizes the rule updates as proposed. This action will
ensure consistency among the Agency's standards, and eliminate any
confusion, clarify employer obligations, and provide up-to-date
protection for workers exposed to eye and face hazards.

B. Incorporation by Reference Under 1 CFR Part 51

1. Summary of the Incorporated Consensus Standards
    ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye and
Face Protection Devices, provides requirements for the selection,
testing, use, and maintenance of protectors intended to minimize or
prevent eye and face injuries including impact, non-ionizing radiation
and chemical exposures, in occupational and educational environments.
ANSI Z87.1-2003 and ANSI Z87.1-1989 (R-1998) are prior versions of this
standard which are also incorporated by reference as alternative means
of compliance with OSHA's eye and face protection requirements.
2. Reasonable Availability of the Incorporated Consensus Standards
    OSHA believes that the ANSI/ISEA and ANSI standards are reasonably
available to interested parties. The ANSI/ISEA 2010 and ANSI 2003 and
1989 (R-1998) versions of the Z87.1 standard can be purchased as a
package from ANSI in pdf form for $57 (http://webstore.ansi.org/). They
are also available for purchase at either the IHS Standards (http://global.ihs.com/) or Techstreet (http://www.techstreet.com/) stores.
Employers may rely on manufacturer representations that protection is
compliant with the indicated standard and therefore are not obligated
to incur this expense to comply with the standard. These standards are
also available for review in OSHA's docket office and regional offices;
see the ADDRESSES section of this document for details.

III . Summary and Explanation of the Final Rule

A. Revisions to OSHA's Eye and Face Protection Standards

1. Final Rule for General Industry and Maritime Industry Standards
    OSHA adopted the previous revision of the general industry and
maritime eye and face protection standards on September 9, 2009 (74 FR
46350). These revisions, which became effective on October 9, 2009,
permit compliance with ANSI Z87.1-2003, ANSI Z87.1-1989 (R-1998), or
ANSI Z87.1-1989. Since OSHA published the previous revision, ANSI/ISEA
Z87.1-2010 became available. This final rule includes ANSI/ISEA Z87.1-
2010 in 29 CFR 1910.133(b)(1), 29 CFR 1915.153(b)(1), 29 CFR
1917.91(a)(1)(i) and removes references to ANSI Z87.1-1989. It also
updates the general incorporation by reference section for each of
these standards (i.e., 29 CFR 1910.6, 1915.5, 1917.3, 1918.3) to
reflect the incorporation of ANSI/ISEA Z87.1-2010, ANSI Z87.1-2003, and
ANSI Z87.1-1989 (R-1998).
    OSHA believes that eye and face protection meeting the 2010 ANSI/
ISEA standard is already on the market, and the 2010 standard is not
less protective than the previous versions of the standard. Therefore
it is amending its standard to allow the use of such protection in the
workplace.
2. Final Rule for Construction Industry Standard
    The final rule involves: (1) Changes to the ANSI standard
references and (2) inclusion of language from the general industry eye
and face protection standard. With respect to the consensus standards
update, OSHA is amending 29 CFR 1926.6 and 1926.102, which currently
incorporate by reference ANSI Z87.1-1968 to include the same three
consensus standards incorporated into the general industry and maritime
standards, ANSI/ISEA Z87.1-2010, ANSI Z87.1-2003, and ANSI Z87.1-1989
(R-1998). OSHA is modifying certain existing language to make it nearly
identical to the language in the general industry standard's eye and
face protection provisions. It is retaining provisions unique to the
current construction standard that are not covered in the versions of
the consensus standards incorporated by the proposal.
    Specifically, OSHA is placing language from the general industry
standard, sections 1910.133(a)(1) through (a)(4) and 1910.133(b), in
sections 1926.102(a)(1) through (a)(3), and (a)(7). Additionally, the
Agency is replacing: (1) The scope section in 1926.102(a)(1) with the
scope section in 1910.133(a)(1); (2) the reference to the 1968 ANSI
standard in 1926.102(a)(2) with the updated list of national consensus
standards in 1910.133(b)(1); and (3) the requirements for corrective
lenses in 1926.102(a)(3) with the corrective-lens requirements in
1910.133(a)(3). The final rule removes the requirements in section
1926.102(a)(4)--to keep protective equipment clean, in good repair, and
free of structural and optical defects--which are addressed by
requirements in each of the three versions of the Z87.1 standard.
Likewise, it deletes Table E-1, Eye and Face Protector Selection Guide,
which is specific to the 1968 version of ANSI Z87.1 and referenced in
the current section 1926.102(a)(5), and renumbers Tables E-2 and E-3
under this paragraph as Tables E-1 and E-2, respectively.
    The final rule substitutes the marking requirement specified by
section 1926.102(a)(7) with the marking requirement in section
1910.133(a)(4). The final rule removes the requirement in
1926.102(a)(8) that employers must transmit information from
manufacturers to users about equipment

limitations or precautions and that such limitations and precautions
must be strictly observed. It also adds a provision to the construction
standard that permits an employer to use eye and face protection not
manufactured in accordance with one of the incorporated Z87.1 standards
if the employer can demonstrate compliance with one of the incorporated
Z87.1 standards (i.e., the equivalent-protection provision). The final
rule will redesignate section 1926.102(b) as section 1926.102(c).
    OSHA believes these changes are warranted because it will make
compliance easier for employers who perform work that is covered both
by the construction standard and another of OSHA's standards. Further,
OSHA believes that the consensus standard reference should be updated
because the new ANSI standards are at least as protective as the 1968
standard, and the Agency does not believe that personal protective
equipment (PPE) designed and tested to the 1968 ANSI standard is
currently available for purchase.

B. Discussion of Comments

    OSHA received twelve comments in response to the NPRM on eye and
face protection consensus standards updating. While commenters
generally supported OSHA's efforts to update its standards, some raised
issues to which OSHA responds below.
    Mr. Bruce Donato, a private citizen, Mr. Douglas Greenhaus of the
National Automobile Dealers Association (NADA), and Ms. Julie Trembly
of 3M commented on OSHA's use of consensus standards. Mr. Donato asked
why OSHA uses consensus standards rather than proposing its own
standards (ID: OSHA-2014-0024-0006). Mr. Greenhaus advocated for use of
a performance-oriented approach and removal of all consensus standard
references, believing this approach would free OSHA from the obligation
to continuously review and adopt new versions of third-party standards
(ID: OSHA-2014-0024-0015). Ms. Trembly mentioned that OSHA may want to
allow compliance only with the 2010 ANSI/ISEA standard. She reasoned
that this would ease compliance because the 2010 version is the most
recent and maintains a hazard-based approach (ID: OSHA-2014-0024-0013).
    OSHA disagrees with these commenters. First, the Agency is legally
required to consider national consensus standards. The Occupational
Safety and Health Act of 1970 (OSH Act) requires OSHA to follow them in
promulgating a rule, unless OSHA explains why another requirement will
better effectuate the purposes of the act (29 U.S.C. 655(b)(b)). In
addition, the National Technology Transfer and Advancement Act of 1995
also requires OSHA (and other Federal agencies) to use voluntary
consensus standards unless contrary to applicable law or impractical.
Pub. L 104-113 Sec.  12(d), 15 U.S.C.A. 272 note; see also OMB Circular
A-119, Federal Participation in the Development and Use of Voluntary
Consensus Standards and in Conformity Assessment Activities, 68 FR
8553. Second, voluntary consensus standards contain valuable
information about how to address workplace hazards. As Ms. Patricia
Ennis from the American Society of Safety Engineers pointed out, since
experts with diverse backgrounds produce national consensus standards,
the standards reflect their expertise and the latest developments in
workplace safety (ID: OSHA-2014-0024-0008).
    OSHA disagrees with the suggestion to only incorporate the latest
ANSI/ISEA standard, because it believes some employers may be using eye
and face protection meeting the ANSI 87.1-2003 and ANSI 87.1-1989 (R-
1998) standards. OSHA is unaware of evidence that disallowing the use
of PPE meeting those standards would significantly increase safety.
    Relatedly, Mr. Donato and Mr. Greenhaus of NADA also expressed
concern that the cost of obtaining consensus standards could be
prohibitive to small businesses (IDs: OSHA-2014-0024-0006 and 0015). As
noted above, all referenced consensus standards are available purchase
for a modest sum and may be viewed for free in OSHA's regional offices,
among other places.
    Ms. Julie Weide, a private citizen, commented that she wanted more
mandatory eye protection at worksites, in accordance with equipment
manufacturers' warnings (ID: OSHA-2014-0024-0007). Though her
suggestion falls outside of the scope of the proposal, OSHA notes that
its current eye and face protection standards already require employers
to ensure that affected employees use appropriate eye or face
protection when exposed to hazards from flying particles, molten metal,
liquid chemicals, acids or caustic liquids, chemical gases or vapors,
or potentially injurious light radiation. See 29 CFR 1910.133(a).
    Several commenters supported OSHA's decision to make eye and face
protection requirements consistent across all industry standards,
stating that consistency makes compliance easier for employers (IDs:
OSHA-2014-0024-0009, 0011, and 0012). OSHA agrees with the commenters'
assessment.
    Mr. Joe Miles of the Northeastern Retail Lumber Association (NRLA)
commented that the final rule should provide a transition period so
that associations such as the NRLA would have time to notify members of
the new standards. Members could then inform their customers of the new
PPE requirements, and have sufficient time to order and integrate
necessary PPE into the workplace (ID: OSHA-2014-0024-0011). Mr.
Greenhaus of NADA agreed, opining that small business employers should
be given greater flexibility with respect to compliance (ID: OSHA-2014-
0024-0015).
    Under the final rule, employers may follow any of the three latest
versions of the Z87.1 standards. The new rule places no new
obligations, costs, or time constraints on employers. Employers already
in compliance with OSHA's eye and face requirements may continue their
current usual and customary practice in providing eye and face
protection to their employees. The final now allows employers to follow
the newest ANSI/ISEA Z87.1-2010 standard--if they choose and at their
convenience--or to continue to follow the older versions (ANSI Z87.1-
2003 or Z87.1-1989 (R-1998)), which appeared in the previous version of
the rule. As Mr. Daniel Shipp of the ISEA commented, the removal of the
1989 version will have no effect on the acceptability of any product
because it is identical to the 1989 (R-1998) standard, which remains in
the final rule (ID: OSHA-2014-0024-0012). Further, OSHA anticipates
that compliance with the 2010 version of the ANSI/ISEA Z87.1 standard
will not be burdensome, because as commenters noted, most manufacturers
of eye and face protection devices already follow the latest ANSI/ISEA
standard (IDs: OSHA-2014-0024-0012 and 0013).
    While they supported the proposal, Mr. Faulkner and Ms. Fitch from
the United Steelworkers (USW) and Mr. McCann, a private citizen,
discussed their concerns about improperly-fitting PPE, especially for
women and men of nonstandard body types. They further indicated that
OSHA's standardized PPE requirement throughout various industries was
insufficient. Instead, OSHA should require employers to: (1) Provide
the best fitting PPE available on the market for their workers at no
cost, (2) regularly evaluate which PPE is provided to employees, and
(3) purchase customized PPE where special orders are needed. They also
highlighted a need to protect workers who complain about inadequate PPE
from retaliation (ID: OSHA-2014-0024-0016 and 0017).

    OSHA thanks the commenters for raising these issues and the agency
agrees that PPE must fit properly no matter who is wearing it. A
correct, comfortable fit helps to ensure the worker will receive the
intended protection for the duration of the exposure. Many of the
commenters' concerns are addressed in the existing PPE standard.
Specifically, the general industry standard requires employers to
select PPE that properly fits each affected employee, at no cost to the
employee. See 29 CFR 1910.132(d)(1)(iii) (fit); 1910.132 (h)(1) (cost).
It also requires employers to conduct a hazard assessment to determine
which PPE is necessary. 29 CFR 1910.132(d). Moreover, the standards
require employers to ensure their employees wear ``appropriate'' or
``protective'' eye and face protection, which includes proper fit, and
preclude the use of defective or damaged PPE. These requirements apply
equally for workers of both sexes and all body types. With respect to
the need to protect workers from retaliation, the OSH Act currently
protects workers who complain to employers about workplace safety
issues, including inadequate PPE, from retaliation. 29 U.S.C. 660(c);
29 CFR 1977.9(c). While the specific proposals made by USW and Mr.
McCann fall outside the scope of the proposal, OSHA will continue to
monitor the issues they raised.
    A number of commenters noted a more general need for OSHA to revise
its standards to incorporate by reference the most recent versions of
consensus standards (See, e.g., IDs: OSHA-2014-0024-0008, 0015, and
0016). OSHA agrees with these commenters, and as part of its mandate to
provide a safe and healthful work environment to all employees, the
Agency intends to continue in its efforts to adopt the latest consensus
standards as soon as possible. However, incorporation by reference can,
at times, be a lengthy process because OSHA must evaluate consensus
standards to ensure that they are: (1) At least as effective, or meet,
the current consensus standards incorporated by reference, and (2)
technologically and economically feasible. As a related matter, Mr.
Faulkner and Ms. Fitch from the USW suggested that OSHA coordinate with
the Mine Safety and Health Administration (MSHA), so that OSHA's
standards could also benefit employees in the mining industry (ID:
OSHA-2014-0024-0016). OSHA agrees with the importance of interagency
cooperation, and in general the Agency attempts to coordinate with
other Federal agencies when there is the possibility of duplication,
overlap, or conflict. However, OSHA has no jurisdiction over employers
regulated by MSHA. Nonetheless, where there may be some benefit for
employees in doing so, OSHA will consider working with MSHA on relevant
standards updates in the future.
    Mr. Shipp from ISEA noted that OSHA incorrectly referenced to the
2010 consensus standard in its NPRM. OSHA appreciates this comment and
has corrected the final rule so all references to the 2010 standard
reflect the official designation of the consensus standard: ANSI/ISEA
Z87.1-2010 (ID: OSHA-2014-0024-0012).

IV. Agency Determinations

A. Legal Considerations

    The purpose of the OSH Act is to achieve to the extent possible
safe and healthful working conditions for all employees. 29 U.S.C.
651(b). To achieve this goal, Congress authorized the Secretary of
Labor to promulgate and enforce occupational safety and health
standards. 29 U.S.C. 654(b), 655(b). A safety or health standard is one
``which requires conditions, or the adoption or use of one or more
practices, means, methods, operations, or processes reasonably
necessary or appropriate to provide safe or healthful employment and
places of employment.'' 29 U.S.C. 652(8). A standard is reasonably
necessary or appropriate within the meaning of Section 652(8) of the
OSH Act when a significant risk of material harm exists in the
workplace and the standard would substantially reduce or eliminate that
workplace risk. See Indus. Union Dep't, AFL-CIO v. Am. Petroleum Inst.,
448 U.S. 607 (1980). OSHA already determined that requirements
specified by eye and face protection standards, including design
requirements, are reasonably necessary or appropriate within the
meaning of Section 652(8). See, e.g., 49 FR 49726, 49737 (1978); 51 FR
33251, 33251-59 (1986).
    Moreover, this final rule neither reduces employee protection nor
alters an employer's obligations under the existing standards. With
respect to employee protection, because the final rule will allow
employers to continue to provide the same eye and face protection they
currently provide, employees' protection will not change. In terms of
employers' obligations, the final rule will allow employers additional
options for meeting the design-criteria requirements for eye and face
protection. Accordingly, this final rule does not require an additional
significant risk finding (cf. Edison Elec. Inst. v. OSHA, 849 F.2d 611,
620 (D.C. Cir. 1988)).
    In addition, a safety standard must be technologically feasible.
See UAW v. OSHA, 37 F.3d 665, 668 (D.C. Cir. 1994). A standard is
technologically feasible when the protective measures it requires
already exist, when available technology can bring the protective
measures into existence, or when that technology is reasonably likely
to develop. See Am. Textile Mfrs. Inst. v. OSHA, 452 U.S. 490, 513
(1981); Am. Iron and Steel Inst. v. OSHA, 939 F.2d 975, 980 (D.C. Cir.
1991)). The final rule is technologically feasible because: (1)
Protectors are already manufactured in accordance with the 2010 ANSI/
ISEA standard or the other versions permitted under the revision and
(2) employers already comply with the 2003 and 1998 versions of the
ANSI standard incorporated by reference into the general industry and
maritime standards, which will remain in effect under the final rule.

B. Final Economic Analysis and Regulatory Flexibility Act Certification

    OSHA has determined that employers can comply with the final rule
by following their current usual and customary practice in providing
eye and face protection to their employees. This final rule expands the
options available to employers without removing any existing option and
thus has no costs. Therefore, OSHA finds that the final rule is not
economically significant within the context of Executive Order 12866,
or a major rule under the Unfunded Mandates Reform Act or Section 801
of the Small Business Regulatory Enforcement Fairness Act. In addition,
this final rule complies with Executive Order 13563 because employers
are allowed increased flexibility in choosing eye and face protection
for their employees and are not required to update or replace that
protection solely as a result of this final rule if the employer's
current practice meets the new standards. Because the final rule
imposes no costs, OSHA certifies that it will not have a significant
economic impact on a substantial number of private or public sector
entities. Likewise, it does not meet any of the criteria for an
economically significant or major rule specified by the Executive Order
or relevant statutes.

C. Paperwork Reduction Act of 1995

    As was the case for the NPRM, the Department has determined this
rule does not establish new or revise any existing collection of
information requirements subject to OMB approval

under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501. The proposed
rule invited comments on this determination, and OSHA received no
comments.

D. Federalism

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

E. State Plan States

    When Federal OSHA promulgates a new standard or amends an existing
standard to be more stringent than it was previously, the 28 states or
U.S. Territories with their own OSHA-approved occupational safety and
health plans must revise their standards to reflect the new standard or
amendment, or show OSHA why such action is unnecessary, e.g., because
an existing state standard covering this area is at least as effective
in protecting workers as the new Federal standard or amendment. 29 CFR
1953.5(a). In this regard, the state standard must be at least as
effective as the final Federal rule. State Plan states must adopt the
Federal standard or complete their own standard within six months of
the publication date of the final Federal rule. When OSHA promulgates a
new standard or amendment that does not impose additional or more
stringent requirements than the existing standard, State Plan states
need not amend their standards, although OSHA may encourage them to do
so. The following 21 states and 1 U.S. Territory have OSHA-approved
occupational safety and health plans that apply only to private-sector
employers: Alaska, Arizona, California, Hawaii, Indiana, Iowa,
Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North
Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah,
Vermont, Virginia, Washington, and Wyoming. In addition, Connecticut,
Illinois, Maine, New Jersey, New York, and the Virgin Islands have
OSHA-approved State Plans that apply only to state and local government
employees.
    With regard to this final rule, it will not impose any additional
or more stringent requirements on employers compared to existing OSHA
standards. Through this rulemaking, OSHA is updating the references in
its regulations to recognize recent editions of the applicable national
consensus standards, and deleting a number of outdated editions of the
national consensus standards referenced in its existing PPE standards.
The final rule does not require employers to update or replace their
PPE solely as a result of this rulemaking if the PPE currently in use
meets the existing standards. Therefore, the final rule does not
require action under 29 CFR 1953.5(a), and States and U.S. Territories
with approved State Plans do not need to adopt this rule or show OSHA
why such action is unnecessary. However, to the extent these States and
Territories have the same standards as the OSHA standards affected by
this final rule, OSHA encourages them to adopt the amendments.

F. Unfunded Mandates Reform Act of 1995

    OSHA reviewed this final rule according to the Unfunded Mandates
Reform Act of 1995 (UMRA), 2 U.S.C. 1501-1571, and Executive Order
12875, 58 FR 58093 (October 26, 1993). As discussed above in Section
IV.B (``Final Economic Analysis and Regulatory Flexibility Act
Certification'') of this preamble, OSHA determined that the final rule
imposes no additional costs on any private-sector or public-sector
entity. Accordingly, this final rule requires no additional
expenditures by either public or private employers.
    As noted above under Section IV.E (``State Plan States'') of this
preamble, OSHA standards do not apply to state or local governments
except in states that elected voluntarily to adopt an OSHA-approved
state plan. Consequently, this final rule does not meet the definition
of a ``Federal intergovernmental mandate.'' See 2 U.S.C. 658(5).
Therefore, for the purposes of the UMRA, OSHA certifies that this final
rule does not mandate that state, local, or tribal governments adopt
new, unfunded regulatory obligations, or increase expenditures by the
private sector of more than $100 million in any year.

G. Consultation and Coordination With Indian Tribal Governments

    OSHA reviewed this final rule in accordance with Executive Order
13175, 65 FR 67249 (November 6, 2000), and determined that it does not
have ``tribal implications'' as defined in that order. The final rule
does not have substantial direct effects on one or more Indian tribes,
on the relationship between the Federal government and Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.

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

    Incorporation by reference, Occupational Safety and Health,
Personal Protective Equipment.

V. Authority and Signature

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

    Signed at Washington, DC, on March 15, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to Standards

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

PART 1910--[AMENDED]

Subpart A--[Amended]

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

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

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

Sec.  1910.6  Incorporation by reference.

* * * * *
    (e) * * *
    (69) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal
Eye and Face Protection Devices, Approved April 13, 2010; IBR approved
for Sec.  1910.133(b). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (70) ANSI Z87.1-2003, Occupational and Educational Eye and Face
Personal Protection Devices Approved June 19, 2003; IBR approved for
Sec. Sec.  1910.133(b). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (71) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, Reaffirmation approved January 4,
1999; IBR approved for Sec.  1910.133(b). Copies are available for
purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
* * * * *

Subpart I--[Amended]

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

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

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

Sec.  1910.133  Eye and face protection.

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

PART 1915--[AMENDED]

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

    Authority:  Section 41, Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 941); Sections. 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-
2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable; 29 CFR
part 1911.
    Section 1915.100 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
    Sections 1915.120 and 1915.152 of 29 CFR also issued under 29
CFR part 1911.

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

Sec.  1915.5  Incorporation by reference.

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

Reaffirmation approved January 4, 1999; IBR approved for Sec.
1910.153(b). Copies are available for purchase from:
    (A) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (B) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (C) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
* * * * *

Subpart I--[Amended]

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

Sec.  1915.153  Eye and face protection.

* * * * *
    (b) Criteria for protective eye and face devices. (1) Protective
eye and face protection devices must comply with any of the following
consensus standards:
    (i) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye
and Face Protection Devices, incorporated by reference in Sec.  1915.5;
    (ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec.  1915.5; or
    (iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, incorporated by reference in Sec.
1915.5;
* * * * *

PART 1917--[AMENDED]

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

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

0
9. Amend Sec.  1917.3 by revising paragraphs (b)(6) through (8) to read
as follows:

Sec.  1917.3  Incorporation by reference.

* * * * *
    (b) * * *
    (6) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye
and Face Protection Devices, Approved April 13, 2010; IBR approved for
Sec.  1917.91(a). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (7) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, Approved April 13, 2010; IBR approved for
Sec.  1917.91(a). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, Reaffirmation approved January 4,
1999; IBR approved for Sec.  1917.91(a). Copies are available for
purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
* * * * *

Subpart E--[Amended]

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

Sec.  1917.91  Eye and face protection.

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

PART 1918--[AMENDED]

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

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

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

Sec.  1918.3  Incorporation by reference.

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

    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (8) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, Reaffirmation approved January 4,
1999; IBR approved for Sec.  1918.101(a). Copies are available for
purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
* * * * *

Subpart J--[Amended]

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

Sec.  1918.101  Eye and face protection.

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

PART 1926--[AMENDED]

Subpart A--General [Amended]

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

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

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

Sec.  1926.6  Incorporation by reference.

* * * * *
    (h) * * *
    (31) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal
Eye and Face Protection Devices, Approved April 3, 2010; IBR approved
for Sec.  1926.102(b). Copies are available for purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (32) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, Approved June 19, 2003; IBR approved for Sec.
1926.102(b). Copies available for purchase from the:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
    (33) ANSI Z87.1-1989 (R-1998), Practice for Occupational and
Educational Eye and Face Protection, Reaffirmation approved January 4,
1999; IBR approved for Sec.  1926.102(b). Copies are available for
purchase from:
    (i) American National Standards Institute's e-Standards Store, 25 W
43rd Street, 4th Floor, New York, NY 10036; telephone:<PHONE_NUMBER>;
Web site: http://webstore.ansi.org/;
    (ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO
80112; telephone:<PHONE_NUMBER>; Web site: http://global.ihs.com; or
    (iii) TechStreet Store, 3916 Ranchero Dr., Ann Arbor, MI 48108;
telephone:<PHONE_NUMBER>; Web site: http://techstreet.com.
* * * * *

Subpart E--[Amended]

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

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

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

Sec.  1926.102  Eye and face protection.

    (a)  General requirements. (1) The employer shall ensure that each
affected employee uses appropriate eye or face protection when exposed
to eye or face hazards from flying particles, molten metal, liquid
chemicals, acids or caustic liquids, chemical gases or vapors, or
potentially injurious light radiation.
    (2) The employer shall ensure that each affected employee uses eye
protection that provides side protection when there is a hazard from
flying objects. Detachable side protectors (e.g. clip-on or slide-on
side shields) meeting the pertinent requirements of this section are
acceptable.
    (3) The employer shall ensure that each affected employee who wears
prescription lenses while engaged in operations that involve eye
hazards wears eye protection that incorporates the prescription in its
design, or wears eye protection that can be worn over the prescription
lenses without disturbing the proper position of the prescription
lenses or the protective lenses.
    (4) Eye and face PPE shall be distinctly marked to facilitate
identification of the manufacturer.
* * * * *
    (b) Criteria for protective eye and face protection. (1) Protective
eye and face protection devices must comply with any of the following
consensus standards:
    (i) ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye
and Face Protection Devices, incorporated by reference in Sec.  1926.6;
    (ii) ANSI Z87.1-2003, Occupational and Educational Personal Eye and
Face Protection Devices, incorporated by reference in Sec.  1926.6; or
    (iii) ANSI Z87.1-1989 (R-1998), Practice for Occupational and

Educational Eye and Face Protection, incorporated by reference in Sec.
1926.6;
    (2) Protective eye and face protection devices that the employer
demonstrates are at least as effective as protective eye and face
protection devices that are constructed in accordance with one of the
above consensus standards will be deemed to be in compliance with the
requirements of this section.
    (c) Protection against radiant energy--(1) Selection of shade
numbers for welding filter. Table E-1 shall be used as a guide for the
selection of the proper shade numbers of filter lenses or plates used
in welding. Shades more dense than those listed may be used to suit the
individual's needs.

   Table E-1--Filter Lens Shade Numbers for Protection Against Radiant
                                 Energy
------------------------------------------------------------------------
                    Welding operation                      Shade number
------------------------------------------------------------------------
Shielded metal-arc welding 1/16-, 3/32-, 1/8-, 5/32-inch              10
 diameter electrodes....................................
Gas-shielded arc welding (nonferrous) 1/16-, 3/32-, 1/8-              11
 , 5/32-inch diameter electrodes........................
Gas-shielded arc welding (ferrous) 1/16-, 3/32-, 1/8-, 5/             12
 32-inch diameter electrodes............................
Shielded metal-arc welding 3/16-, 7/32-, 1/4-inch                     12
 diameter electrodes....................................
5/16-, 3/8-inch diameter electrodes.....................              14
Atomic hydrogen welding.................................           10-14
Carbon-arc welding......................................              14
Soldering...............................................               2
Torch brazing...........................................          3 or 4
Light cutting, up to 1 inch.............................          3 or 4
Medium cutting, 1 inch to 6 inches......................          4 or 5
Heavy cutting, over 6 inches............................          5 or 6
Gas welding (light), up to 1/8-inch.....................          4 or 5
Gas welding (medium), 1/8-inch to 1/2-inch..............          5 or 6
Gas welding (heavy), over 1/2-inch......................          6 or 8
------------------------------------------------------------------------

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

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

    (ii) All protective goggles shall bear a label identifying the
following data:
    (A) The laser wavelengths for which use is intended;
    (B) The optical density of those wavelengths;
    (C) The visible light transmission.
[FR Doc. 2016-06359 Filed 3-24-16; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Rules and Regulations]
[Pages 40697-40698]
[FR Doc No: 2017-18114]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0184; Airspace Docket No. 17-ASW-5]

Amendment of Class E Airspace; Pauls Valley, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace extending up to 700 feet
above the surface at Pauls Valley Municipal Airport, Pauls Valley, OK.
Airspace reconfiguration is necessary due to the decommissioning of the
Pauls Valley non-directional radio beacon (NDB), and cancellation of
the NDB approach. This action enhances the safety and management of
standard instrument approach procedures for instrument flight rules
(IFR) operations at the airport.

DATES: Effective 0901 UTC, December 7, 2017. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Walter Tweedy, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace extending upward from 700 feet above the
surface at Pauls Valley Municipal Airport, Pauls Valley, OK, in support
of standard instrument approach procedures for IFR operations at the
airport.

History

    The FAA published in the Federal Register (82 FR 17778 April 13,
2017) Docket No. FAA-2017-0184, a notice of proposed rulemaking (NPRM)
to modify Class E airspace extending upward from 700 feet above the
surface at Pauls Valley Municipal Airport, Pauls Valley, OK. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR 71.1. Subsequent to
publication, the FAA found that the title for Class E airspace in
paragraph 6005 of FAA Order 7400.11A was incomplete, and is corrected
in this rule. The Class E airspace designations listed in this document
will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11A lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace extending upward from 700 feet above
the surface within a 6.6-mile radius of Pauls Valley Municipal Airport,
Pauls Valley, OK. The segment 2.6 miles each side of the 169[deg]
bearing from the Pauls Valley NDB extending from the 6.6-mile radius to
7.6 miles south of the airport is removed due to the decommissioning of
the Pauls Valley NDB, and cancellation of the NDB approach. This action
enhances the safety and management of the standard instrument approach
procedures for IFR operations at the airport.
    Also, the title for paragraph 6005, as published in FAA Order
7400.11A, is corrected from ``Class E Airspace Areas'' to ``Class E
Airspace Areas Extending Upward from 700 feet or More Above the Surface
of the Earth''.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASW OK E5 Pauls Valley, OK [Amended]

Pauls Valley Municipal Airport, OK
    (Lat. 34[deg]42'34'' N., long. 97[deg]13'24'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Pauls Valley Municipal Airport, and
within 4 miles each side of the 000[deg] bearing from the airport
extending from the 6.6-mile radius to 11.6 miles north of the
airport.

    Issued in Fort Worth, Texas, on August 18, 2017.
Christopher Southerland,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-18114 Filed 8-25-17; 8:45 am]
 BILLING CODE 4910-13-P