Note: Where an initial test on either steel or aluminium
indicates the chemical being tested is corrosive, the follow-up test
on the other metal is not necessary.

B.16.3 Additional Classification Considerations

    The specimen to be used for the test shall be made of the
following materials:
    (a) For the purposes of testing steel, steel types S235JR+CR
(1.0037 resp.St 37-2), S275J2G3+CR (1.0144 resp.St 44-3), ISO 3574,
Unified Numbering System (UNS) G 10200, or SAE 1020;
    (b) For the purposes of testing aluminium: Non-clad types 7075-
T6 or AZ5GU-T6.

APPENDIX C TO Sec.  1910.1200--ALLOCATION OF LABEL ELEMENTS (MANDATORY)

    C.1 The label for each hazardous chemical shall include the
product identifier used on the safety data sheet.
    C.1.1 The labels on shipped containers shall also include the
name, address, and telephone number of the chemical manufacturer,
importer, or responsible party.
    C.2 The label for each hazardous chemical that is classified
shall include the signal word, hazard statement(s), pictogram(s),
and precautionary statement(s) specified in C.4 for each hazard
class and associated hazard category, except as provided for in
C.2.1 through C.2.4.

C.2.1 Precedence of Hazard Information

    C.2.1.1 If the signal word ``Danger'' is included, the signal
word ``Warning'' shall not appear;
    C.2.1.2 If the skull and crossbones pictogram is included, the
exclamation mark pictogram shall not appear where it is used for
acute toxicity;
    C.2.1.3 If the corrosive pictogram is included, the exclamation
mark pictogram shall not appear where it is used for skin or eye
irritation;
    C.2.1.4 If the health hazard pictogram is included for
respiratory sensitization, the exclamation mark pictogram shall not
appear where it is used for skin sensitization or for skin or eye
irritation.

C.2.2 Hazard Statement Text

    C.2.2.1 The text of all applicable hazard statements shall
appear on the label, except as otherwise specified. The information
in italics shall be included as part of the hazard statement as
provided. For example: ``causes damage to organs (state all organs
affected) through prolonged or repeated exposure (state route of
exposure if no other routes of exposure cause the hazard)''. Hazard
statements may be combined where appropriate to reduce the
information on the label and improve readability, as long as all of
the hazards are conveyed as required.
    C.2.2.2 If the chemical manufacturer, importer, or responsible
party can demonstrate that all or part of the hazard statement is
inappropriate to a specific substance or mixture, the corresponding
statement may be omitted from the label.

C.2.3 Pictograms

    C.2.3.1 Pictograms shall be in the shape of a square set at a
point and shall include a black hazard symbol on a white background
with a red frame sufficiently wide to be clearly visible. A square
red frame set at a point without a hazard symbol is not a pictogram
and is not permitted on the label.

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C.2.4 Precautionary Statement Text

    C.2.4.1 There are four types of precautionary statements
presented, ``prevention,'' ``response,'' ``storage,'' and
``disposal.'' The core part of the precautionary statement is
presented in bold print. This is the text, except as otherwise
specified, that shall appear on the label. Where additional
information is required, it is indicated in plain text.
    C.2.4.2 When a backslash or diagonal mark (/) appears in the
precautionary statement text, it indicates that a choice has to be
made between the separated phrases. In such cases, the chemical
manufacturer, importer, or responsible party can choose the most
appropriate phrase(s). For example, ``Wear protective gloves/
protective clothing/eye protection/face protection'' could read
``wear eye protection''.
    C.2.4.3 When three full stops (* * *) appear in the
precautionary statement text, they indicate that all applicable
conditions are not listed. For example, in ``Use explosion-proof
electrical/ventilating/lighting/* * */equipment'', the use of ``* *
*'' indicates that other equipment may need to be specified. In such
cases, the chemical manufacturer, importer, or responsible party can
choose the other conditions to be specified.
    C.2.4.4 When text in italics is used in a precautionary
statement, this indicates specific conditions applying to the use or
allocation of the precautionary statement. For example, ``Use
explosion-proof electrical/ventilating/lighting/* * */equipment'' is
only required for flammable solids ``if dust clouds can occur''.
Text in italics is intended to be an explanatory, conditional note
and is not intended to appear on the label.
    C.2.4.5 Where square brackets ([ ]) appear around text in a
precautionary statement, this indicates that the text in square
brackets is not appropriate in every case and should be used only in
certain circumstances. In these cases, conditions for use explaining
when the text should be used are provided. For example, one
precautionary statement states: ``[In case of inadequate
ventilation] wear respiratory protection.'' This statement is given
with the condition for use ``- text in square brackets may be used
if additional information is provided with the chemical at the point
of use that explains what type of ventilation would be adequate for
safe use''. This means that, if additional information is provided
with the chemical explaining what type of ventilation would be
adequate for safe use, the text in square brackets should be used
and the statement would read: ``In case of inadequate ventilation
wear respiratory protection.'' However, if the chemical is supplied
without such ventilation information, the text in square brackets
should not be used, and the precautionary statement should read:
``Wear respiratory protection.''
    C.2.4.6 Precautionary statements may be combined or consolidated
to save label space and improve readability. For example, ``Keep
away from heat, sparks and open flame,'' ``Store in a well-
ventilated place'' and ``Keep cool'' can be combined to read ``Keep
away from heat, sparks and open flame and store in a cool, well-
ventilated place.''
    C.2.4.7 In most cases, the precautionary statements are
independent (e.g., the phrases for explosive hazards do not modify
those related to certain health hazards, and products that are
classified for both hazard classes shall bear appropriate
precautionary statements for both). Where a chemical is classified
for a number of hazards, and the precautionary statements are
similar, the most stringent shall be included on the label (this
will be applicable mainly to preventive measures). An order of
precedence may be imposed by the chemical manufacturer, importer or
responsible party in situations where phrases concern ``Response.''
Rapid action may be crucial. For example, if a chemical is
carcinogenic and acutely toxic, rapid action may be crucial, and
first aid measures for acute toxicity will take precedence over
those for long-term effects. In addition, medical attention to
delayed health effects may be required in cases of incidental
exposure, even if not associated with immediate symptoms of
intoxication.
    C.2.4.8 If the chemical manufacturer, importer, or responsible
party can demonstrate that a precautionary statement is
inappropriate to a specific substance or mixture, the precautionary
statement may be omitted from the label.

C.3 Supplementary Hazard Information

    C.3.1 To ensure that non-standardized information does not lead
to unnecessarily wide variation or undermine the required
information, supplementary information on the label is limited to
when it provides further detail and does not contradict or cast
doubt on the validity of the standardized hazard information.
    C.3.2 Where the chemical manufacturer, importer, or distributor
chooses to add supplementary information on the label, the placement
of supplemental information shall not impede identification of
information required by this section.
    C.3.3 Where an ingredient with unknown acute toxicity is used in
a mixture at a concentration >=1%, and the mixture is not classified
based on testing of the mixture as a whole, a statement that X% of
the mixture consists of ingredient(s) of unknown acute toxicity is
required on the label.
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Appendix D to Sec.  1910.1200--Safety Data Sheets (Mandatory)

    A safety data sheet (SDS) shall include the information
specified in Table D.1 under the section number and heading
indicated for sections 1-11 and 16. If no relevant information is
found for any given subheading within a section, the SDS shall
clearly indicate that no applicable information is available.
Sections 12-15 may be included in the SDS, but are not mandatory.

                Table D.1--Minimum Information for an SDS
------------------------------------------------------------------------
           Heading                             Subheading
------------------------------------------------------------------------
1. Identification............  (a) Product identifier used on the label;
                               (b) Other means of identification;
                               (c) Recommended use of the chemical and
                                restrictions on use;
                               (d) Name, address, and telephone number
                                of the chemical manufacturer, importer,
                                or other responsible party;
                               (e) Emergency phone number.
2. Hazard(s) identification..  (a) Classification of the chemical in
                                accordance with paragraph (d) of Sec.
                                1910.1200;
                               (b) Signal word, hazard statement(s),
                                symbol(s) and precautionary statement(s)
                                in accordance with paragraph (f) of Sec.
                                  1910.1200. (Hazard symbols may be
                                provided as graphical reproductions in
                                black and white or the name of the
                                symbol, e.g., flame, skull and
                                crossbones);
                               (c) Describe any hazards not otherwise
                                classified that have been identified
                                during the classification process;
                               (d) Where an ingredient with unknown
                                acute toxicity is used in a mixture at a
                                concentration >=1% and the mixture is
                                not classified based on testing of the
                                mixture as a whole, a statement that X%
                                of the mixture consists of ingredient(s)
                                of unknown acute toxicity is required.
3. Composition/information on  Except as provided for in paragraph (i)
 ingredients.                   of Sec.   1910.1200 on trade secrets:
                               For Substances
                               (a) Chemical name;
                               (b) Common name and synonyms;
                               (c) CAS number and other unique
                                identifiers;
                               (d) Impurities and stabilizing additives
                                which are themselves classified and
                                which contribute to the classification
                                of the substance.
                               For Mixtures
                               In addition to the information required
                                for substances:
                               (a) The chemical name and concentration
                                (exact percentage) or concentration
                                ranges of all ingredients which are
                                classified as health hazards in
                                accordance with paragraph (d) of Sec.
                                1910.1200 and
                               (1) Are present above their cut-off/
                                concentration limits; or
                               (2) Present a health risk below the cut-
                                off/concentration limits.
                               (b) The concentration (exact percentage)
                                shall be specified unless a trade secret
                                claim is made in accordance with
                                paragraph (i) of Sec.   1910.1200, when
                                there is batch-to-batch variability in
                                the production of a mixture, or for a
                                group of substantially similar mixtures
                                (See A.<IP_ADDRESS>) with similar chemical
                                composition. In these cases,
                                concentration ranges may be used.
                               For All Chemicals Where a Trade Secret is
                                Claimed
                               Where a trade secret is claimed in
                                accordance with paragraph (i) of Sec.
                                1910.1200, a statement that the specific
                                chemical identity and/or exact
                                percentage (concentration) of
                                composition has been withheld as a trade
                                secret is required.
4. First-aid measures........  (a) Description of necessary measures,
                                subdivided according to the different
                                routes of exposure, i.e., inhalation,
                                skin and eye contact, and ingestion;
                               (b) Most important symptoms/effects,
                                acute and delayed.
                               (c) Indication of immediate medical
                                attention and special treatment needed,
                                if necessary.
5. Fire-fighting measures....  (a) Suitable (and unsuitable)
                                extinguishing media.
                               (b) Specific hazards arising from the
                                chemical (e.g., nature of any hazardous
                                combustion products).
                               (c) Special protective equipment and
                                precautions for fire-fighters.
6. Accidental release          (a) Personal precautions, protective
 measures.                      equipment, and emergency procedures.
                               (b) Methods and materials for containment
                                and cleaning up.
7. Handling and storage......  (a) Precautions for safe handling.
                               (b) Conditions for safe storage,
                                including any incompatibilities.
8. Exposure controls/personal  (a) OSHA permissible exposure limit
 protection.                    (PEL), American Conference of
                                Governmental Industrial Hygienists
                                (ACGIH) Threshold Limit Value (TLV), and
                                any other exposure limit used or
                                recommended by the chemical
                                manufacturer, importer, or employer
                                preparing the safety data sheet, where
                                available.
                               (b) Appropriate engineering controls.
                               (c) Individual protection measures, such
                                as personal protective equipment.
9. Physical and chemical       (a) Appearance (physical state, color,
 properties.                    etc.);
                               (b) Odor;
                               (c) Odor threshold;
                               (d) pH;
                               (e) Melting point/freezing point;
                               (f) Initial boiling point and boiling
                                range;
                               (g) Flash point;
                               (h) Evaporation rate;
                               (i) Flammability (solid, gas);
                               (j) Upper/lower flammability or explosive
                                limits;

                               (k) Vapor pressure;
                               (l) Vapor density;
                               (m) Relative density;
                               (n) Solubility(ies);
                               (o) Partition coefficient: n-octanol/
                                water;
                               (p) Auto-ignition temperature;
                               (q) Decomposition temperature;
                               (r) Viscosity.
10. Stability and reactivity.  (a) Reactivity;
                               (b) Chemical stability;
                               (c) Possibility of hazardous reactions;
                               (d) Conditions to avoid (e.g., static
                                discharge, shock, or vibration);
                               (e) Incompatible materials;
                               (f) Hazardous decomposition products.
11. Toxicological information  Description of the various toxicological
                                (health) effects and the available data
                                used to identify those effects,
                                including:
                               (a) Information on the likely routes of
                                exposure (inhalation, ingestion, skin
                                and eye contact);
                               (b) Symptoms related to the physical,
                                chemical and toxicological
                                characteristics;
                               (c) Delayed and immediate effects and
                                also chronic effects from short- and
                                long-term exposure;
                               (d) Numerical measures of toxicity (such
                                as acute toxicity estimates).
                               (e) Whether the hazardous chemical is
                                listed in the National Toxicology
                                Program (NTP) Report on Carcinogens
                                (latest edition) or has been found to be
                                a potential carcinogen in the
                                International Agency for Research on
                                Cancer (IARC) Monographs (latest
                                edition), or by OSHA.
12. Ecological information     (a) Ecotoxicity (aquatic and terrestrial,
 (Non-mandatory).               where available);
                               (b) Persistence and degradability;
                               (c) Bioaccumulative potential;
                               (d) Mobility in soil;
                               (e) Other adverse effects (such as
                                hazardous to the ozone layer).
13. Disposal considerations    Description of waste residues and
 (Non-mandatory).               information on their safe handling and
                                methods of disposal, including the
                                disposal of any contaminated packaging.
14. Transport information      (a) UN number;
 (Non-mandatory).
                               (b) UN proper shipping name;
                               (c) Transport hazard class(es);
                               (d) Packing group, if applicable;
                               (e) Environmental hazards (e.g., Marine
                                pollutant (Yes/No));
                               (f) Transport in bulk (according to Annex
                                II of MARPOL 73/78 and the IBC Code);
                               (g) Special precautions which a user
                                needs to be aware of, or needs to comply
                                with, in connection with transport or
                                conveyance either within or outside
                                their premises.
15. Regulatory information     Safety, health and environmental
 (Non-mandatory).               regulations specific for the product in
                                question.
16. Other information,         The date of preparation of the SDS or the
 including date of              last change to it.
 preparation or last revision.
------------------------------------------------------------------------

Appendix F to Sec.  1910.1200--Guidance for Hazard Classifications Re:
Carcinogenicity (Non-Mandatory)

    The mandatory criteria for classification of a chemical for
carcinogenicity under HCS (Sec.  1910.1200) are found in Appendix
A.6 to this section. This non-mandatory Appendix provides additional
guidance on hazard classification for carcinogenicity. Part A of
Appendix F includes background guidance provided by GHS based on the
Preamble of the International Agency for Research on Cancer (IARC)
``Monographs on the Evaluation of Carcinogenic Risks to Humans''
(2006). Part B provides IARC classification information. Part C
provides background guidance from the National Toxicology Program
(NTP) ``Report on Carcinogens'' (RoC), and Part D is a table that
compares GHS carcinogen hazard categories to carcinogen
classifications under IARC and NTP, allowing classifiers to be able
to use information from IARC and NTP RoC carcinogen classifications
to complete their classifications under the GHS, and thus the HCS.

Part A: Background Guidance 1
---------------------------------------------------------------------------

    \1\ The text of Appendix F, Part A, on the IARC Monographs, is
paraphrased from the 2006 Preamble to the ``Monographs on the
Evaluation of Carcinogenic Risks to Humans''; the Classifier is
referred to the full IARC Preamble for the complete text. The text
is not part of the agreed GHS text on the harmonized system
developed by the OECD Task Force-HCL.
---------------------------------------------------------------------------

    As noted in Footnote 6 of Appendix A.6. to this section, the GHS
includes as guidance for classifiers information taken from the
Preamble of the International Agency for Research on Cancer (IARC)
``Monographs on the Evaluation of Carcinogenic Risks to Humans''
(2006), providing guidance on the evaluation of the strength and
evidence of carcinogenic risks to humans. This guidance also
discusses some additional considerations in classification and an
approach to analysis, rather than hard-and-fast rules. Part A is
consistent with Appendix A.6, and should help in evaluating
information to determine carcinogenicity.
    Carcinogenicity in humans:
    The evidence relevant to carcinogenicity from studies in humans
is classified into one of the following categories:
    (a) Sufficient evidence of carcinogenicity: A causal
relationship has been established between exposure to the agent and
human cancer. That is, a positive relationship has been observed
between the exposure and cancer in studies in which chance, bias and
confounding could be ruled out with reasonable confidence.
    (b) Limited evidence of carcinogenicity: A positive association
has been observed between exposure to the agent and cancer for which
a causal interpretation is considered by the Working Group to be
credible, but chance, bias or confounding could not be ruled out
with reasonable confidence.
    In some instances, the above categories may be used to classify
the degree of evidence related to carcinogenicity in specific organs
or tissues.
    Carcinogenicity in experimental animals:
    The evidence relevant to carcinogenicity in experimental animals
is classified into one of the following categories:

    (a) Sufficient evidence of carcinogenicity: A causal
relationship has been established between the agent and an increased
incidence of malignant neoplasms or of an appropriate combination of
benign and malignant neoplasms in two or more species of animals or
two or more independent studies in one species carried out at
different times or in different laboratories or under different
protocols. An increased incidence of tumors in both sexes of a
single species in a well-conducted study, ideally conducted under
Good Laboratory Practices, can also provide sufficient evidence.
    Exceptionally, a single study in one species and sex might be
considered to provide sufficient evidence of carcinogenicity when
malignant neoplasms occur to an unusual degree with regard to
incidence, site, type of tumor or age at onset, or when there are
strong findings of tumors at multiple sites.
    (a) Limited evidence of carcinogenicity: The data suggest a
carcinogenic effect but are limited for making a definitive
evaluation because, e.g. the evidence of carcinogenicity is
restricted to a single experiment; there are unresolved questions
regarding the adequacy of the design, conduct or interpretation of
the studies; the agent increases the incidence only of benign
neoplasms or lesions of uncertain neoplastic potential; or the
evidence of carcinogenicity is restricted to studies that
demonstrate only promoting activity in a narrow range of tissues or
organs.

Guidance on How To Consider Important Factors in Classification of
Carcinogenicity (See Reference Section)

    The weight of evidence analysis called for in GHS and the HCS
(Sec.  1910.1200) is an integrative approach that considers
important factors in determining carcinogenic potential along with
the strength of evidence analysis. The IPCS ``Conceptual Framework
for Evaluating a Mode of Action for Chemical Carcinogenesis''
(2001), International Life Sciences Institute (ILSI) ``Framework for
Human Relevance Analysis of Information on Carcinogenic Modes of
Action'' (Meek, et al., 2003; Cohen et al., 2003, 2004), and
Preamble to the IARC Monographs (2006; Section B.6. (Scientific
Review and Evaluation; Evaluation and Rationale)) provide a basis
for systematic assessments that may be performed in a consistent
fashion. The IPCS also convened a panel in 2004 to further develop
and clarify the human relevance framework. However, the above
documents are not intended to dictate answers, nor provide lists of
criteria to be checked off.

Mode of Action

    Various documents on carcinogen assessment all note that mode of
action in and of itself, or consideration of comparative metabolism,
should be evaluated on a case-by-case basis and are part of an
analytic evaluative approach. One must look closely at any mode of
action in animal experiments, taking into consideration comparative
toxicokinetics/toxicodynamics between the animal test species and
humans to determine the relevance of the results to humans. This may
lead to the possibility of discounting very specific effects of
certain types of substances. Life stage-dependent effects on
cellular differentiation may also lead to qualitative differences
between animals and humans. Only if a mode of action of tumor
development is conclusively determined not to be operative in humans
may the carcinogenic evidence for that tumor be discounted. However,
a weight of evidence evaluation for a substance calls for any other
tumorigenic activity to be evaluated, as well.

Responses in Multiple Animal Experiments

    Positive responses in several species add to the weight of
evidence that a substance is a carcinogen. Taking into account all
of the factors listed in A.<IP_ADDRESS> and more, such chemicals with
positive outcomes in two or more species would be provisionally
considered to be classified in GHS Category 1B until human relevance
of animal results are assessed in their entirety. It should be
noted, however, that positive results for one species in at least
two independent studies, or a single positive study showing
unusually strong evidence of malignancy may also lead to Category
1B.

Responses Are in One Sex or Both Sexes

    Any case of gender-specific tumors should be evaluated in light
of the total tumorigenic response to the substance observed at other
sites (multi-site responses or incidence above background) in
determining the carcinogenic potential of the substance.
    If tumors are seen only in one sex of an animal species, the
mode of action should be carefully evaluated to see if the response
is consistent with the postulated mode of action. Effects seen only
in one sex in a test species may be less convincing than effects
seen in both sexes, unless there is a clear patho-physiological
difference consistent with the mode of action to explain the single
sex response.

Confounding Effects of Excessive Toxicity or Localized Effects

    Tumors occurring only at excessive doses associated with severe
toxicity generally have doubtful potential for carcinogenicity in
humans. In addition, tumors occurring only at sites of contact and/
or only at excessive doses need to be carefully evaluated for human
relevance for carcinogenic hazard. For example, forestomach tumors,
following administration by gavage of an irritating or corrosive,
non-mutagenic chemical, may be of questionable relevance. However,
such determinations must be evaluated carefully in justifying the
carcinogenic potential for humans; any occurrence of other tumors at
distant sites must also be considered.

Tumor Type, Reduced Tumor Latency

    Unusual tumor types or tumors occurring with reduced latency may
add to the weight of evidence for the carcinogenic potential of a
substance, even if the tumors are not statistically significant.
    Toxicokinetic behavior is normally assumed to be similar in
animals and humans, at least from a qualitative perspective. On the
other hand, certain tumor types in animals may be associated with
toxicokinetics or toxicodynamics that are unique to the animal
species tested and may not be predictive of carcinogenicity in
humans. Very few such examples have been agreed internationally.
However, one example is the lack of human relevance of kidney tumors
in male rats associated with compounds causing [alpha]2u-globulin
nephropathy (IARC, Scientific Publication N[deg] 147 \2\). Even when
a particular tumor type may be discounted, expert judgment must be
used in assessing the total tumor profile in any animal experiment.
---------------------------------------------------------------------------

    \2\ While most international agencies do not consider kidney
tumors coincident with [alpha]2u-globulin nephropathy to be a
predictor of risk in humans, this view is not universally held.
(See: Doi et al., 2007).
---------------------------------------------------------------------------

Part B: International Agency for Research on Cancer (IARC) 3
---------------------------------------------------------------------------

    \3\ Preamble of the International Agency for Research on Cancer
(IARC) ``Monographs on the Evaluation of Carcinogenic Risks to
Humans'' (2006).
---------------------------------------------------------------------------

    IARC Carcinogen Classification Categories:
    Group 1: The agent is carcinogenic to humans
    This category is used when there is sufficient evidence of
carcinogenicity in humans. Exceptionally, an agent may be placed in
this category when evidence of carcinogenicity in humans is less
than sufficient but there is sufficient evidence of carcinogenicity
in experimental animals and strong evidence in exposed humans that
the agent acts through a relevant mechanism of carcinogenicity.
    Group 2:
    This category includes agents for which, at one extreme, the
degree of evidence of carcinogenicity in humans is almost
sufficient, as well as those for which, at the other extreme, there
are no human data but for which there is evidence of carcinogenicity
in experimental animals. Agents are assigned to either Group 2A
(probably carcinogenic to humans) or Group 2B (possibly carcinogenic
to humans) on the basis of epidemiological and experimental evidence
of carcinogenicity and mechanistic and other relevant data. The
terms probably carcinogenic and possibly carcinogenic have no
quantitative significance and are used simply as descriptors of
different levels of evidence of human carcinogenicity, with probably
carcinogenic signifying a higher level of evidence than possibly
carcinogenic.
    Group 2A: The agent is probably carcinogenic to human.
    This category is used when there is limited evidence of
carcinogenicity in humans and sufficient evidence of carcinogenicity
in experimental animals. In some cases, an agent may be classified
in this category when there is inadequate evidence of
carcinogenicity in humans and sufficient evidence of carcinogenicity
in experimental animals and strong evidence that the carcinogenesis
is mediated by a mechanism that also operates in humans.
Exceptionally, an agent may be classified in this category solely on
the basis of limited evidence of carcinogenicity in humans. An agent
may be assigned to this category if it clearly belongs, based on
mechanistic considerations, to a class of agents for which one or
more members have been classified in Group 1 or Group 2A.

    Group 2B: The agent is possibly carcinogenic to humans.
    This category is used for agents for which there is limited
evidence of carcinogenicity in humans and less than sufficient
evidence of carcinogenicity in experimental animals. It may also be
used when there is inadequate evidence of carcinogenicity in humans
but there is sufficient evidence of carcinogenicity in experimental
animals. In some instances, an agent for which there is inadequate
evidence of carcinogenicity in humans and less than sufficient
evidence of carcinogenicity in experimental animals together with
supporting evidence from mechanistic and other relevant data may be
placed in this group. An agent may be classified in this category
solely on the basis of strong evidence from mechanistic and other
relevant data.

Part C: National Toxicology Program (NTP), ``Report on Carcinogens'',
Background Guidance

NTP Listing Criteria \4\:
---------------------------------------------------------------------------

    \4\ See: http://ntp.niehs.nih.gov/go/15209.
---------------------------------------------------------------------------

    The criteria for listing an agent, substance, mixture, or
exposure circumstance in the Report on Carcinogens (RoC) are as
follows:
    Known To Be A Human Carcinogen: There is sufficient evidence of
carcinogenicity from studies in humans \5\ that indicates a causal
relationship between exposure to the agent, substance, or mixture,
and human cancer.
---------------------------------------------------------------------------

    \5\ This evidence can include traditional cancer epidemiology
studies, data from clinical studies, and/or data derived from the
study of tissues or cells from humans exposed to the substance in
question that can be useful for evaluating whether a relevant cancer
mechanism is operating in people.
---------------------------------------------------------------------------

    Reasonably Anticipated To Be A Human Carcinogen: There is
limited evidence of carcinogenicity from studies in humans that
indicates that a causal interpretation is credible, but that
alternative explanations, such as chance, bias, or confounding
factors, could not adequately be excluded,

or

there is sufficient evidence of carcinogenicity from studies in
experimental animals that indicates there is an increased incidence
of malignant and/or a combination of malignant and benign tumors in
multiple species or at multiple tissue sites, or by multiple routes
of exposure, or to an unusual degree with regard to incidence, site,
or type of tumor, or age at onset,

or

there is less than sufficient evidence of carcinogenicity in humans
or laboratory animals; however, the agent, substance, or mixture
belongs to a well-defined, structurally-related class of substances
whose members are listed in a previous Report on Carcinogens as
either known to be a human carcinogen or reasonably anticipated to
be a human carcinogen, or there is convincing relevant information
that the agent acts through mechanisms indicating it would likely
cause cancer in humans.
    Conclusions regarding carcinogenicity in humans or experimental
animals are based on scientific judgment, with consideration given
to all relevant information. Relevant information includes, but is
not limited to, dose response, route of exposure, chemical
structure, metabolism, pharmacokinetics, sensitive sub-populations,
genetic effects, or other data relating to mechanism of action or
factors that may be unique to a given substance. For example, there
may be substances for which there is evidence of carcinogenicity in
laboratory animals, but there are compelling data indicating that
the agent acts through mechanisms that do not operate in humans and
would therefore not reasonably be anticipated to cause cancer in
humans.

Part D: Table Relating Approximate Equivalences Among IARC, NTP RoC,
and GHS Carcinogenicity Classifications

    The following table may be used to perform hazard
classifications for carcinogenicity under the HCS (Sec.  1910.1200).
It relates the approximated GHS hazard categories for
carcinogenicity to the classifications provided by IARC and NTP, as
described in Parts B and C of this Appendix.

                        Approximate Equivalences Among Carcinogen Classification Schemes
----------------------------------------------------------------------------------------------------------------
                  IARC                                GHS                               NTP RoC
----------------------------------------------------------------------------------------------------------------
Group 1.................................  Category 1A................  Known.
Group 2A................................  Category 1B................  Reasonably Anticipated.
Group 2B................................  Category 2.................  (See Note 1).
----------------------------------------------------------------------------------------------------------------
Note 1:
1. Limited evidence of carcinogenicity from studies in humans (corresponding to IARC 2A/GHS 1B);
2. Sufficient evidence of carcinogenicity from studies in experimental animals (again, essentially corresponding
  to IARC 2A/GHS 1B);
3. Less than sufficient evidence of carcinogenicity in humans or laboratory animals; however:
c. The agent, substance, or mixture belongs to a well-defined, structurally-related class of substances whose
  members are listed in a previous RoC as either ``Known'' or ``Reasonably Anticipated'' to be a human
  carcinogen, or
d. There is convincing relevant information that the agent acts through mechanisms indicating it would likely
  cause cancer in humans.

*References

Cohen, S.M., J. Klaunig, M.E. Meek, R.N. Hill, T. Pastoor, L.
Lehman-McKeeman, J. Bucher, D.G. Longfellow, J. Seed, V. Dellarco,
P. Fenner-Crisp, and D. Patton. 2004. Evaluating the human relevance
of chemically induced animal tumors. Toxicol. Sci. 78(2):181-186.
Cohen, S.M., M.E. Meek, J.E. Klaunig, D.E. Patton, P.A. Fenner-
Crisp. 2003. The human relevance of information on carcinogenic
modes of action: Overview. Crit. Rev. Toxicol. 33(6):581-9.
Meek, M.E., J.R. Bucher, S.M. Cohen, V. Dellarco, R.N. Hill, L.
Lehman-McKeeman, D.G. Longfellow, T. Pastoor, J. Seed, D.E. Patton.
2003. A framework for human relevance analysis of information on
carcinogenic modes of action. Crit. Rev. Toxicol. 33(6):591-653.
Sonich-Mullin, C., R. Fielder, J. Wiltse, K. Baetcke, J. Dempsey, P.
Fenner-Crisp, D. Grant, M. Hartley, A. Knapp, D. Kroese, I.
Mangelsdorf, E. Meek, J.M. Rice, and M. Younes. 2001. The conceptual
framework for evaluating a mode of action for chemical
carcinogenesis. Reg. Toxicol. Pharm. 34:146-152.
International Programme on Chemical Safety Harmonization Group.
2004. Report of the First Meeting of the Cancer Working Group. World
Health Organization. Report IPCS/HSC-CWG-1/04. Geneva.
International Agency for Research on Cancer. IARC Monographs on the
Evaluation of Carcinogenic Risks to Human. Preambles to Volumes.
World Health Organization. Lyon, France.
Cohen, S.M., P.A. Fenner-Crisp, and D.E. Patton. 2003. Special
Issue: Cancer Modes of Action and Human Relevance. Critical Reviews
in Toxicology, R.O. McClellan, ed., Volume 33/Issue 6. CRC Press.
Capen, C.C., E. Dybing, and J.D. Wilbourn. 1999. Species differences
in thyroid, kidney and urinary bladder carcinogenesis. International
Agency for Research on Cancer, Scientific Publication N[deg] 147.
Doi, A.M., G. Hill, J. Seely, J.R. Hailey, G. Kissling, and J.R.
Buchera. 2007. [alpha]2u-Globulin nephropathy and renal tumors in
National Toxicology Program studies. Toxicol. Pathol. 35:533-540.
* * * * *

0
33. Amend Sec.  1910.1450 as follows:
0
A. Remove the definitions of Combustible liquid, Compressed gas,
Explosive, Flammable, Flashpoint, Organic peroxide, Oxidizer, Unstable
(reactive), and Water-reactive from paragraph (b);
0
B. Revise the definitions of Hazardous chemical, Physical hazard, and
Reproductive toxins in paragraph (b);
0
C. Add definitions of Health hazard and Mutagen in alphabetical order
in paragraph (b);

0
D. In paragraphs (f)(3)(v), (h)(1) introductory text, (h)(1)(ii) and
(h)(2)(iii), remove the phrases ``Material Safety Data Sheets'' and
``material safety data sheets'' and add in their place ``safety data
sheets'';
0
E. In Appendix A to Sec.  1910.1450, in the Table of Contents (item
``G'') remove ``Material Safety Data Sheets'' and add in its place
``Safety Data Sheets'';
0
F. In Appendix A to Sec.  1910.1450, revise the heading ``G. Material
Safety Data Sheets'' and revise the text following the heading.
    The revisions read as follows:

Sec.  1910.1450  Occupational exposure to hazardous chemicals in
laboratories.

* * * * *
    (b) * * *
    Hazardous chemical means any chemical which is classified as health
hazard or simple asphyxiant in accordance with the Hazard Communication
Standard (Sec.  1910.1200).
    Health hazard means a chemical that is classified as posing one of
the following hazardous effects: Acute toxicity (any route of
exposure); skin corrosion or irritation; serious eye damage or eye
irritation; respiratory or skin sensitization; germ cell mutagenicity;
carcinogenity; reproductive toxicity; specific target organ toxicity
(single or repeated exposure); aspiration hazard. The criteria for
determining whether a chemical is classified as a health hazard are
detailed in Appendix A of the Hazard Communication Standard (Sec.
1910.1200) and Sec.  1910.1200(c) (definition of ``simple
asphyxiant'').
* * * * *
    Mutagen means chemicals that cause permanent changes in the amount
or structure of the genetic material in a cell. Chemicals classified as
mutagens in accordance with the Hazard Communication Standard (Sec.
1910.1200) shall be considered mutagens for purposes of this section.
* * * * *
    Physical hazard means a chemical that is classified as posing one
of the following hazardous effects: Explosive; flammable (gases,
aerosols, liquids, or solids); oxidizer (liquid, solid, or gas); self
reactive; pyrophoric (gas, liquid or solid); self-heating; organic
peroxide; corrosive to metal; gas under pressure; in contact with water
emits flammable gas; or combustible dust. The criteria for determining
whether a chemical is classified as a physical hazard are in Appendix B
of the Hazard Communication Standard (Sec.  1910.1200) and Sec.
1910.1200(c) (definitions of ``combustible dust'' and ``pyrophoric
gas'').
* * * * *
    Reproductive toxins mean chemicals that affect the reproductive
capabilities including adverse effects on sexual function and fertility
in adult males and females, as well as adverse effects on the
development of the offspring. Chemicals classified as reproductive
toxins in accordance with the Hazard Communication Standard (Sec.
1910.1200) shall be considered reproductive toxins for purposes of this
section.
* * * * *

Appendix A to Sec.  1910.1450--National Research Council
Recommendations Concerning Chemical Hygiene in Laboratories (Non-
Mandatory)

* * * * *
G. Safety Data Sheets
    Safety data sheets are presented in ``Prudent Practices'' for the
chemicals listed below. (Asterisks denote that comprehensive safety
data sheets are provided).
* * * * *

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

0
34. Revise the authority citation for part 1915 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.

Subpart Z--[Amended]

0
35. Revise Sec.  1915.1001 paragraphs (i)(3), (k)(7), and (k)(8) to
read as follows:

Sec.  1915.1001  Asbestos.

* * * * *
    (i) * * *
    (3) The employer shall ensure that contaminated clothing is
transported in sealed impermeable bags, or other closed, impermeable
containers, and labeled in accordance with paragraph (k) of this
section.
* * * * *
    (k) * * *
    (7) Hazard communication. (i) Labels shall be affixed to all
products containing asbestos and to all containers containing such
products, including waste containers. Where feasible, installed
asbestos products shall contain a visible label.
    (ii) General. The employer shall include asbestos in the program
established to comply with the Hazard Communication Standard (HCS)
(Sec.  1910.1200). The employer shall ensure that each employee has
access to labels on containers of asbestos and safety data sheets, and
is trained in accordance with the provisions of the HCS and paragraph
(k)(9) of this section. The employer shall ensure that at least the
following hazards are addressed: Cancer and lung effects.
    (iii) Labels. (A) The employer shall ensure that labels of bags or
containers of protective clothing and equipment, scrap, waste, and
debris containing asbestos fibers bear the following information:

DANGER
CONTAINS ASBESTOS FIBERS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
DO NOT BREATHE DUST
AVOID CREATING DUST

    (B)(1) Prior to June 1, 2015, employers may include the following
information on raw materials, mixtures or labels of bags or containers
of protective clothing and equipment, scrap, waste, and debris
containing asbestos fibers in lieu of the labeling requirements in
paragraphs (k)(7)(ii) and (k)(7)(iii)(A) of this section:

DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD

    (2) Labels shall also contain a warning statement against breathing
asbestos fibers.
    (iv) The provisions for labels required in paragraph (k)(7) of this
section do not apply where:
    (A) Asbestos fibers have been modified by a bonding agent, coating,
binder, or other material, provided that the manufacturer can
demonstrate that, during any reasonably foreseeable use, handling,
storage, disposal, processing, or transportation, no airborne
concentrations of asbestos fibers in excess of the permissible exposure
limit and/or excursion limit will be released, or
    (B) Asbestos is present in a product in concentrations less than
1.0 percent.
    (8) Signs. (i) Warning signs that demarcate the regulated area
shall be provided and displayed at each location where a regulated area
is required to be established by paragraph (e) of this section. Signs
shall be posted at such a distance from such a location that an

employee may read the signs and take necessary protective steps before
entering the area marked by the signs.
    (ii) The warning signs required by this paragraph (k)(8) shall bear
the following legend:

DANGER
ASBESTOS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AUTHORIZED PERSONNEL ONLY

    (iii) In addition, where the use of respirators and protective
clothing is required in the regulated area under this section, the
warning signs shall include the following:

WEAR RESPIRATORY PROTECTION
AND PROTECTIVE CLOTHING IN THIS AREA

    (iv) The employer shall ensure that employees working in and
contiguous to regulated areas comprehend the warning signs required to
be posted by paragraph (k)(8) of this section. Means to ensure employee
comprehension may include the use of foreign languages, pictographs,
and graphics.
    (v) When a building/vessel owner or employer identifies previously
installed PACM and/or ACM, labels or signs shall be affixed or posted
so that employees will be notified of what materials contain PACM and/
or ACM. The employer shall attach such labels in areas where they will
clearly be noticed by employees who are likely to be exposed, such as
at the entrance to mechanical room/areas. Signs required by paragraph
(k)(6) of this section may be posted in lieu of labels, so long as they
contain information required for labeling. The employer shall ensure,
to the extent feasible, that employees who come in contact with these
signs or labels can comprehend them. Means to ensure employee
comprehension may include the use of foreign languages, pictographs,
graphics, and awareness training.
    (vi) Prior to June 1, 2016, employers may use the following legend
in lieu of that specified in paragraph (k)(8)(ii) of this section:

DANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY

    (vii) Prior to June 1, 2016, employers may use the following legend
in lieu of that specified in paragraph (k)(8)(iii) of this section:

RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA

* * * * *

0
36. Revise Sec.  1915.1026 paragraphs (g)(2)(iv) and (j)(1), to read as
follows;

Sec.  1915.1026  Chromium (VI).

* * * * *
    (g) * * *
    (2) * * *
    (iv) The employer shall ensure that bags or containers of
contaminated protective clothing or equipment that are removed from
change rooms for laundering, cleaning, maintenance, or disposal are
labeled in accordance with the requirements of the Hazard Communication
Standard, Sec.  1910.1200.
* * * * *
    (j) * * *
    (1) Hazard communication. The employer shall include chromium (VI)
in the program established to comply with the Hazard Communication
Standard (HCS) (Sec.  1910.1200). The employer shall ensure that each
employee has access to labels on containers of chromium (VI) and safety
data sheets, and is trained in accordance with the provisions of HCS
and paragraph (j)(2) of this section. The employer shall ensure that at
least the following hazards are addressed: Cancer; skin sensitization;
and eye irritation.
* * * * *

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

Subpart D--[Amended]

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

    Authority: Section 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3704); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and
657); and Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76
(41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR
111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR
31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912) as applicable;
and 29 CFR part 1911.
    Sections 1926.58, 1926.59, 1926.60, and 1926.65 also issued
under 5 U.S.C. 553 and 29 CFR part 1911.
    Section 1926.61 also issued under 49 U.S.C. 1801-1819 and 6
U.S.C. 553.
    Section 1926.62 also issued under section 1031 of the Housing
and Community Development Act of 1992 (42 U.S.C. 4853).
    Section 1926.65 also issued under section 126 of the Superfund
Amendments and Reauthorization Act of 1986, as amended (reprinted at
29 U.S.C.A. 655 Note), and 5 U.S.C. 553.

0
38. Revise Sec.  1926.60 paragraphs (l)(1) and (l)(2) to read as
follows:

Sec.  1926.60  Methylenedianiline.

* * * * *
    (l) * * *
    (1) Hazard communication. The employer shall include
Methylenedianiline (MDA) in the program established to comply with the
Hazard Communication Standard (HCS) (Sec.  1910.1200). The employer
shall ensure that each employee has access to labels on containers of
MDA and safety data sheets, and is trained in accordance with the
provisions of HCS and paragraph (l)(3) of this section. The employer
shall ensure that at least the following hazards are addressed: Cancer;
liver effects; and skin sensitization.
    (2) Signs and labels-- (i) Signs. (A) The employer shall post and
maintain legible signs demarcating regulated areas and entrances or
access-ways to regulated areas that bear the following legend:

DANGER
MDA
MAY CAUSE CANCER
CAUSES DAMAGE TO THE LIVER
RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING MAY BE REQUIRED IN
THIS AREA
AUTHORIZED PERSONNEL ONLY

    (B) Prior to June 1, 2016, employers may use the following legend
in lieu of that specified in paragraph (l)(2)(i)(A) of this section:

DANGER
MDA
MAY CAUSE CANCER
LIVER TOXIN
AUTHORIZED PERSONNEL ONLY
RESPIRATORS AND PROTECTIVE CLOTHING MAY BE REQUIRED TO BE WORN IN
THIS AREA

    (ii) Labels. (A) The employer shall ensure that labels or other
appropriate forms of warning are provided for containers of MDA within
the workplace. The labels shall comply with the requirements of Sec.
1910.1200(f) and shall include at least the following information for
pure MDA and mixtures containing MDA:

DANGER
CONTAINS MDA
MAY CAUSE CANCER
CAUSES DAMAGE TO THE LIVER

    (B) Prior to June 1, 2015, employers may include the following
information workplace labels in lieu of the labeling requirements in
paragraph (l)(2)(ii)(A) of this section:
    (1) For Pure MDA:

DANGER
CONTAINS MDA
MAY CAUSE CANCER
LIVER TOXIN

    (2) For mixtures containing MDA:

DANGER
CONTAINS MDA
CONTAINS MATERIALS WHICH MAY CAUSE CANCER

LIVER TOXIN
* * * * *

0
39. Amend Sec.  1926.62 by revising paragraph (g)(2)(vii), the heading
of paragraph (l), paragraph (l)(1)(i), and paragraph (m), and Appendix
B to Sec.  1926.62 section XI, to read as follows:

Sec.  1926.62  Lead.

* * * * *
    (g) * * *
    (2) * * *
    (vii)(A) The employer shall ensure that the containers of
contaminated protective clothing and equipment required by paragraph
(g)(2)(v) of this section are labeled as follows:

DANGER: CLOTHING AND EQUIPMENT CONTAMINATED WITH LEAD. MAY DAMAGE
FERTILITY OR THE UNBORN CHILD. CAUSES DAMAGE TO THE CENTRAL NERVOUS
SYSTEM. DO NOT EAT, DRINK OR SMOKE WHEN HANDLING. DO NOT REMOVE DUST
BY BLOWING OR SHAKING. DISPOSE OF LEAD CONTAMINATED WASH WATER IN
ACCORDANCE WITH APPLICABLE LOCAL, STATE, OR FEDERAL REGULATIONS.

    (B) Prior to June 1, 2015, employers may include the following
information on bags or containers of contaminated protective clothing
and equipment required by paragraph (g)(2)(v) in lieu of the labeling
requirements in paragraph (g)(2)(vii)(A) of this section:

Caution: Clothing contaminated with lead. Do not remove dust by
blowing or shaking. Dispose of lead contaminated wash water in
accordance with applicable local, state, or federal regulations.
* * * * *
    (l) Communication of hazards.
    (1) * * *
    (i) Hazard communication. The employer shall include lead in the
program established to comply with the Hazard Communication Standard
(HCS) (Sec.  1910.1200). The employer shall ensure that each employee
has access to labels on containers of lead and safety data sheets, and
is trained in accordance with the provisions of HCS and paragraph (l)
of this section. The employer shall ensure that at least the following
hazards are addressed:
    (A) Reproductive/developmental toxicity;
    (B) Central nervous system effects;
    (C) Kidney effects;
    (D) Blood effects; and
    (E) Acute toxicity effects.
* * * * *
    (m) Signs.
    (1) General.
    (i) The employer shall post the following warning signs in each
work area where an employee's exposure to lead is above the PEL.

DANGER
LEAD WORK AREA
MAY DAMAGE FERTILITY OR THE UNBORN CHILD
CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM
DO NOT EAT, DRINK OR SMOKE IN THIS AREA

    (ii) The employer shall ensure that no statement appears on or near
any sign required by this paragraph (m) that contradicts or detracts
from the meaning of the required sign.
    (iii) The employer shall ensure that signs required by this
paragraph (m) are illuminated and cleaned as necessary so that the
legend is readily visible.
    (iv) The employer may use signs required by other statutes,
regulations or ordinances in addition to, or in combination with, signs
required by this paragraph (m).
    (v) Prior to June 1, 2016, employers may use the following legend
in lieu of that specified in paragraph (m)(1)(i) of this section:

WARNING
LEAD WORK AREA
POISON
NO SMOKING OR EATING
* * * * *

Appendix B to Sec.  1926.62--Employee Standard Summary

* * * * *

XI. Signs--Paragraph (M)

    The standard requires that the following warning sign be posted
in work areas when the exposure to lead is above the PEL:

DANGER
LEAD WORK AREA
MAY DAMAGE FERTILITY OR THE UNBORN CHILD
CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM
DO NOT EAT, DRINK OR SMOKE IN THIS AREA

    Prior to June 1, 2016, employers may use the following legend in
lieu of that specified above:

WARNING
LEAD WORK AREA
POISON
NO SMOKING OR EATING
* * * * *

0
40. Revise Sec.  1926.64 paragraphs (a)(1)(ii) introductory text,
(a)(1)(ii)(B), and (d)(1)(vii), and the note following paragraph
(d)(1)(vii), to read as follows:

Sec.  1926.64  Process safety management of highly hazardous chemicals.

* * * * *
    (a) * * *
    (1) * * *
    (ii) A process which involves a Category 1 flammable gas (as
defined in Sec.  1910.1200(c)) or flammable liquid with a flashpoint
below 100 [deg]F (37.8 [deg]C) on site in one location, in a quantity
of 10,000 pounds (4535.9 kg) or more except for:
* * * * *
    (B) Flammable liquids with a flashpoint below 100 [deg]F (37.8
[deg]C) stored in atmospheric tanks or transferred that are kept below
their normal boiling point without benefit of chilling or
refrigeration.
* * * * *
    (d) * * *
    (1) * * *
    (vii) Hazardous effects of inadvertent mixing of different
materials that could foreseeably occur.

    Note to paragraph (d)(1): Safety data sheets meeting the
requirements of Sec.  1910.1200(g) may be used to comply with this
requirement to the extent they contain the information required by
this paragraph (d)(1).

* * * * *

0
41. Amend Sec.  1926.65 paragraph (a)(3) by revising the definition of
``Health hazard'' to read as follows:

Sec.  1926.65  Hazardous waste operations and emergency response.

    (a) * * *
    (3) * * *
    Health hazard means a chemical or a pathogen where acute or chronic
health effects may occur in exposed employees. It also includes stress
due to temperature extremes. The term health hazard includes chemicals
that are classified in accordance with the Hazard Communication
Standard, Sec.  1910.1200, as posing one of the following hazardous
effects: acute toxicity (any route of exposure); skin corrosion or
irritation; serious eye damage or eye irritation; respiratory or skin
sensitization; germ cell mutagenicity; carcinogenicity; reproductive
toxicity; specific target organ toxicity (single or repeated exposure);
aspiration toxicity or simple asphyxiant. (See Appendix A to Sec.
1910.1200--Health Hazard Criteria (Mandatory) for the criteria for
determining whether a chemical is classified as a health hazard.)
* * * * *

Subpart F--[Amended]

0
42. Revise the authority citation for subpart F to read as follows:

    Authority: Section 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3704); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); 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 (62 FR 50017), 5-2002 (67 FR 650008), 5-2007 (72 FR 31159), 4-
2010 (75 FR 55355), or 1-2012

(77 FR 3912), as applicable; and 29 CFR part 1911.
* * * * *

0
43. Amend Sec.  1926.152 as follows:
0
A. Revise the section heading;
0
B. Remove the words ``and combustible'' from the first sentence in
paragraph (a)(1), the heading of paragraph (b), and paragraphs (b)(2)
introductory text, (b)(4)(viii), (h) introductory text, and (h)(1);
0
C. Remove the words ``or combustible'' wherever it appears in
paragraphs (a)(2), (b)(1), (b)(4)(iii), (b)(5), and (c)(3);
0
D. Remove the words ``or combustible'' in paragraphs (d) (the heading),
(d)(1), (d)(4), (e)(1), (e)(3), (f)(2), (g)(1), and (g)(8);
0
E. Remove the words ``or combustible'' wherever it appears in
paragraphs (i)(1)(i)(D) and (F), (i)(1)(iii)(D), (i)(2)(ii)(A), (D),
and (F), (i)(2)(vii)(B)(2), (i)(4)(iv)(C), (i)(5)(vi)(A), (D), (G), (V)
introductory text, and (i)(5)(vi)(V)(1); (j)(1)(i), (j)(2)(ii), (j)(5),
and (k)(4);
0
F. Amend the fifth sentence of paragraph (b)(4)(vi) by adding the words
``Category 1, 2, or 3'' before the words ``flammable liquids'';
0
G. Amend paragraphs (e)(2), (e)(5), (g)(7)(i), and (g)(7)(ii), by
adding the words ``Category 1, 2, or 3'' before the words ``flammable
liquids'' ;
0
H. Amend paragraphs (f)(1) and (f)(3) by removing the words ``Flammable
liquids'' and adding in their place the words ``Category 1, 2, or 3
flammable liquids'';
0
I. Revise paragraphs (b)(2)(iii), (b)(3), (h) introductory text,
(i)(2)(iv)(F) and (G), (i)(2)(vi)(B), (i)(2)(viii)(E), (i)(3)(i),
(i)(3)(iv)(A) and (C), (i)(3)(v)(D), and (i)(4)(iv)(E);
0
J. Revise Table F-19 and paragraph (k)(3)(iv).
    The revisions read as follows:

Sec.  1926.152  Flammable liquids.

* * * * *
    (b) * * *
    (2) * * *
    (iii) Cabinets shall be labeled in conspicuous lettering,
``Flammable-Keep Away from Open Flames.''
    (3) Not more than 60 gallons of Category 1, 2 and/or 3 flammable
liquids or 120 gallons of Category 4 flammable liquids shall be stored
in any one storage cabinet. Not more than three such cabinets may be
located in a single storage area. Quantities in excess of this shall be
stored in an inside storage room.
* * * * *
    (h) Scope. This section applies to the handling, storage, and use
of flammable liquids with a flashpoint at or below 199.4 [deg]F (93
[deg]C). This section does not apply to:
* * * * *
    (i) * * *
    (2) * * *
    (iv) * * *
    (F) Tanks and pressure vessels storing Category 1 flammable liquids
shall be equipped with venting devices that shall be normally closed
except when venting to pressure or vacuum conditions. Tanks and
pressure vessels storing Category 2 flammable liquids, or Category 3
flammable liquids with a flashpoint below 100 [deg]F (37.8 [deg]C),
shall be equipped with venting devices that shall be normally closed
except when venting under pressure or vacuum conditions, or with
approved flame arresters.
    Exemption: Tanks of 3,000 bbls (barrels) (84 m(3)) capacity or less
containing crude petroleum in crude-producing areas; and, outside
aboveground atmospheric tanks under 1,000 gallons (3,785 L) capacity
containing other than Category 1 flammable liquids may have open vents.
(See paragraph (i)(2)(vi)(B) of this section.)
    (G) Flame arresters or venting devices required in paragraph
(i)(2)(iv)(F) of this section may be omitted for Category 2 flammable
liquids or Category 3 flammable liquids with a flashpoint below 100
[deg]F (37.8 [deg]C) where conditions are such that their use may, in
case of obstruction, result in tank damage.
* * * * *
    (vi) * * *
    (B) Where vent pipe outlets for tanks storing Category 1 or 2
flammable liquids, or Category 3 flammable liquids with a flashpoint
below 100 [deg]F (37.8 [deg]C), are adjacent to buildings or public
ways, they shall be located so that the vapors are released at a safe
point outside of buildings and not less than 12 feet (3.658 m) above
the adjacent ground level. In order to aid their dispersion, vapors
shall be discharged upward or horizontally away from closely adjacent
walls. Vent outlets shall be located so that flammable vapors will not
be trapped by eaves or other obstructions and shall be at least 5 feet
(1.52 m) from building openings.
    (viii) * * *
    (E) For Category 2 flammable liquids or Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), other than
crude oils, gasolines, and asphalts, the fill pipe shall be so designed
and installed as to minimize the possibility of generating static
electricity. A fill pipe entering the top of a tank shall terminate
within 6 inches (15.24 cm) of the bottom of the tank and shall be
installed to avoid excessive vibration.
* * * * *
    (3) * * *
    (i) Location. Evacuation for underground storage tanks shall be
made with due care to avoid undermining of foundations of existing
structures. Underground tanks or tanks under buildings shall be so
located with respect to existing building foundations and supports that
the loads carried by the latter cannot be transmitted to the tank. The
distance from any part of a tank storing Category 1 or 2 flammable
liquids, or Category 3 flammable liquids with a flashpoint below 100
[deg]F (37.8 [deg]C), to the nearest wall of any basement or pit shall
be not less than 1 foot (0.304 m), and to any property line that may be
built upon, not less than 3 feet (0.912 m). The distance from any part
of a tank storing Category 3 flammable liquids with a flashpoint at or
above 100 [deg]F (37.8 [deg]C) or Category 4 flammable liquids to the
nearest wall of any basement, pit or property line shall be not less
than 1 foot (0.304 m).
* * * * *
    (iv) * * *
    (A) Location and arrangement of vents for Category 1 or 2 flammable
liquids, or Category 3 flammable liquids with a flashpoint below 100
[deg]F (37.8 [deg]C). Vent pipes from tanks storing Category 1 or 2
flammable liquids, or Category 3 flammable liquids with a flashpoint
below 100 [deg]F (37.8 [deg]C), shall be so located that the discharge
point is outside of buildings, higher than the fill pipe opening, and
not less than 12 feet (3.658 m) above the adjacent ground level. Vent
pipes shall discharge only upward in order to disperse vapors. Vent
pipes 2 inches (5.08 cm) or less in nominal inside diameter shall not
be obstructed by devices that will cause excessive back pressure. Vent
pipe outlets shall be so located that flammable vapors will not enter
building openings, or be trapped under eaves or other obstructions. If
the vent pipe is less than 10 feet (3.04 m) in length, or greater than
2 inches (5.08 cm) in nominal inside diameter, the outlet shall be
provided with a vacuum and pressure relief device or there shall be an
approved flame arrester located in the vent line at the outlet or
within the approved distance from the outlet.
* * * * *
    (C) Location and arrangement of vents for Category 3 flammable
liquids with a flashpoint at or above 100 [deg]F (37.8 [deg]C) or
Category 4 flammable liquids. Vent pipes from tanks storing Category 3
flammable liquids with a flashpoint at or above 100 [deg]F (37.8
[deg]C) or Category 4

flammable liquids shall terminate outside of the building and higher
than the fill pipe opening. Vent outlets shall be above normal snow
level. They may be fitted with return bends, coarse screens or other
devices to minimize ingress of foreign material.
* * * * *
    (v) * * *
    (D) For Category 2 flammable liquids, or Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), other than
crude oils, gasolines, and asphalts, the fill pipe shall be so designed
and installed as to minimize the possibility of generating static
electricity by terminating within 6 inches (15.24 cm) of the bottom of
the tank.
* * * * *
    (4) * * *
    (iv) * * *
    (E) For Category 2 flammable liquids, or Category 3 flammable
liquids with a flashpoint below 100 [deg]F (37.8 [deg]C), other than
crude oils, gasolines, and asphalts, the fill pipe shall be so designed
and installed as to minimize the possibility of generating static
electricity by terminating within 6 inches (15.24 cm) of the bottom of
the tank.
* * * * *
    (k) * * *
    (3) * * *
* * * * *
BILLING CODE 4510-26-P

[GRAPHIC] [TIFF OMITTED] TR26MR12.128

[GRAPHIC] [TIFF OMITTED] TR26MR12.129

BILLING CODE 4510-26-C
    (iv) Piping handling Category 1 or 2 flammable liquids, or Category
3 flammable liquids with a flashpoint below 100 [deg]F (37.8 [deg]C),
shall be grounded to control stray currents.
* * * * *

0
44. Amend Sec.  1926.155 as follows:
0
A. Remove and reserve paragraph (c);
0
B. Revise paragraphs (h) and (i)(1) and (2).
    The revisions read as follows:

Sec.  1926.155  Definitions applicable to this subpart.

* * * * *
    (h) Flammable liquid means any liquid having a vapor pressure not
exceeding 40 pounds per square inch (absolute) at 100 [deg]F (37.8
[deg]C) and having a flashpoint at or below 199.4 [deg]F (93 [deg]C).
Flammable liquids are divided into four categories as follows:
    (1) Category 1 shall include liquids having flashpoints below 73.4
[deg]F (23 [deg]C) and having a boiling point at or below 95 [deg]F (35
[deg]C).
    (2) Category 2 shall include liquids having flashpoints below 73.4
[deg]F (23 [deg]C) and having a boiling point above 95 [deg]F (35
[deg]C).
    (3) Category 3 shall include liquids having flashpoints at or above
73.4 [deg]F (23 [deg]C) and at or below 140 [deg]F (60 [deg]C).
    (4) Category 4 shall include liquids having flashpoints above 140
[deg]F (60 [deg]C) and at or below 199.4 [deg]F (93 [deg]C).
    (i) * * *
    (1) The flashpoint of liquids having a viscosity less than 45
Saybolt Universal Second(s) at 100 [deg]F (37.8 [deg]C) and a
flashpoint below 175 [deg]F (79.4 [deg]C) shall be determined in
accordance with the Standard Method of Test for Flash Point by the Tag
Closed Tester, ASTM D-56-69 (incorporated by reference; See Sec.
1926.6), or an equivalent method as defined by Sec.  1910.1200 appendix
B.
    (2) The flashpoints of liquids having a viscosity of 45 Saybolt
Universal Second(s) or more at 175 [deg]F (79.4 [deg]C) or higher shall
be determined in accordance with the Standard Method of Test for Flash
Point by the Pensky Martens Closed Tester, ASTM D-93-69 (incorporated
by reference; See Sec.  1926.6), or an equivalent method as defined by
Sec.  1910.1200 appendix B.
* * * * *

Subpart Z--[Amended]

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

    Authority: Section107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3704); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); and Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76
(41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR
111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR
31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912) as applicable;
and 29 CFR part 1911.

    Section 1926.1102 not issued under 29 U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 553.

0
46. Amend Sec.  1926.1101 as follows:
0
A. Redesignate paragraph (k)(1) as (k)(1)(i) and add a new heading to
paragraph (k)(1);
0
B. Add new paragraphs (k)(1)(ii), (k)(7)(ii)(C), (k)(7)(ii)(D), and
(k)(8)(iv);
0
C. Amend paragraphs (k)(2)(i) and (k)(3)(i) by removing the references
to ``(k)(1)'' and adding in their place ``(k)(1)(i)'';
0
D. Revise paragraphs (k)(7)(ii)(A) and (B), and (k)(8)(ii) and (iii);
    The revisions read as follows:

Sec.  1926.1101  Asbestos.

* * * * *
    (k) * * *
    (1) Hazard communication.
* * * * *
    (ii) The employer shall include asbestos in the program established
to comply with the Hazard Communication Standard (HCS) (Sec.
1910.1200). The employer shall ensure that each employee has access to
labels on containers of asbestos and safety data sheets, and is trained
in accordance with the provisions of HCS and paragraphs (k)(9) and (10)
of this section. The employer shall provide information on at least the
following hazards: Cancer and lung effects.
* * * * *
    (7) * * *
    (ii) * * *
    (A) The warning signs required by paragraph (k)(7) of this section
shall bear the following information.

DANGER
ASBESTOS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AUTHORIZED PERSONNEL ONLY

    (B) In addition, where the use of respirators and protective
clothing is required in the regulated area under this section, the
warning signs shall include the following:

WEAR RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING IN THIS AREA

    (C) Prior to June 1, 2016, employers may use the following legend
in lieu of that specified in paragraph (k)(7)(ii)(A) of this section:

DANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY

    (D) Prior to June 1, 2016, employers may use the following legend
in lieu of that specified in paragraph (k)(7)(ii)(B) of this section:

RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA

* * * * *
    (8) * * *
    (ii) The employer shall ensure that such labels comply with
paragraphs (k) of this section.
    (iii) The employer shall ensure that labels of bags or containers
of protective clothing and equipment, scrap, waste, and debris
containing asbestos fibers bear the following information:

DANGER
CONTAINS ASBESTOS FIBERS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
DO NOT BREATHE DUST
AVOID CREATING DUST

    (iv) (A) Prior to June 1, 2015, employers may include the following
information on raw materials, mixtures or labels of bags or containers
of protective clothing and equipment, scrap, waste, and debris
containing asbestos fibers in lieu of the labeling requirements in
paragraphs (k)(8)(ii) and (k)(8)(iii) of this section:

DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD

    (B) Labels shall also contain a warning statement against breathing
asbestos fibers.
* * * * *

0
47. Revise Sec.  1926.1126 paragraphs (g)(2)(iv) and (j)(1) to read as
follows:

Sec.  1926.1126  Chromium (VI).

* * * * *
    (g) * * *
    (2) * * *
    (iv) The employer shall ensure that bags or containers of
contaminated protective clothing or equipment that are removed from
change rooms for laundering, cleaning, maintenance, or disposal shall
be labeled in accordance with the requirements of the Hazard
Communication Standard, Sec.  1910.1200.
* * * * *
    (j) * * *
    (1) Hazard communication. The employer shall include chromium (VI)
in the program established to comply with the Hazard Communication
Standard (HCS) (Sec.  1910.1200). The employer shall ensure that each
employee has access to labels on containers of chromium and safety data
sheets, and is trained in accordance with the provisions of Sec.
1910.1200 and paragraph (j)(2) of this section. The employer shall
provide information on at least the following hazards: Cancer; eye
irritation; and skin sensitization.
* * * * *

0
48. Revise Sec.  1926.1127 paragraphs (i)(2)(iv), (k)(7), and (m)(1),
(m)(2), and (m)(3), to read as follows:

Sec.  1926.1127  Cadmium.

* * * * *
    (i) * * *
    (2) * * *
    (iv) The employer shall ensure that containers of contaminated
protective clothing and equipment that are to be taken out of the
change rooms or the workplace for laundering, cleaning, maintenance or
disposal shall bear labels in accordance with paragraph (m)(3)(ii) of
this section.
    (k) * * *
    (7) Waste, scrap, debris, bags, and containers, personal protective
equipment and clothing contaminated with cadmium and consigned for
disposal shall be collected and disposed of in sealed impermeable bags
or other closed, impermeable containers. These bags and containers
shall be labeled in accordance with paragraph (m)(3)(ii) of this
section.
* * * * *
    (m) * * *
    (1) Hazard communication. The employer shall include cadmium in the
program established to comply with the Hazard Communication Standard
(HCS) (Sec.  1910.1200). The employer shall ensure that each employee
has access to labels on containers of cadmium and safety data sheets,
and is trained in accordance with the provisions of HCS and paragraph
(m)(4) of this section. The employer shall provide information on at
least the following hazards: Cancer; lung effects; kidney effects; and
acute toxicity effects.
    (2) Warning signs. (i) Warning signs shall be provided and
displayed in regulated areas. In addition, warning signs shall be
posted at all approaches to regulated areas so that an employee may
read the signs and take necessary protective steps before entering the
area.
    (ii) Warning signs required by paragraph (m)(2)(i) of this section
shall bear the following legend:

DANGER
CADMIUM
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS AND KIDNEYS
WEAR RESPIRATORY PROTECTION IN THIS AREA
AUTHORIZED PERSONNEL ONLY

    (iii) The employer shall ensure that signs required by this
paragraph (m)(2) are illuminated, cleaned, and maintained as necessary
so that the legend is readily visible.
    (iv) Prior to June 1, 2016, employers may use the following legend
in lieu of

that specified in paragraph (m)(2)(ii) of this section:

DANGER
CADMIUM
CANCER HAZARD
CAN CAUSE LUNG AND KIDNEY DISEASE
AUTHORIZED PERSONNEL ONLY
RESPIRATORS REQUIRED IN THIS AREA

    (3) Warning labels. (i) Shipping and storage containers containing
cadmium or cadmium compounds shall bear appropriate warning labels, as
specified in paragraph (m)(1) of this section.
    (ii) The warning labels for containers of cadmium-contaminated
protective clothing, equipment, waste, scrap, or debris shall include
at least the following information:

DANGER
CONTAINS CADMIUM
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS AND KIDNEYS
AVOID CREATING DUST

    (iii) Where feasible, installed cadmium products shall have a
visible label or other indication that cadmium is present.
    (iv) Prior to June 1, 2015, employers may include the following
information on shipping and storage containers containing cadmium,
cadmium compounds, or cadmium-contaminated clothing, equipment, waste,
scrap, or debris in lieu of the labeling requirements specified in
paragraphs (m)(3)(i) and (m)(3)(ii) of this section:

DANGER
CONTAINS CADMIUM
CANCER HAZARD
AVOID CREATING DUST
CAN CAUSE LUNG AND KIDNEY DISEASE
* * * * *
[FR Doc. 2012-4826 Filed 3-20-12; 11:15 am]
BILLING CODE 4510-26-P


[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Pages 21906-21907]
[FR Doc No: 2020-08212]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88634; File No. SR-BOX-2019-19]

Self-Regulatory Organizations; BOX Exchange LLC; Notice of
Designation of Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change, as
Modified by Amendment No. 2, To Adopt Rules Governing the Trading of
Equity Securities on the Exchange Through a Facility of the Exchange
Known as the Boston Security Token Exchange LLC

April 14, 2020.
    On September 27, 2019, BOX Exchange LLC (the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to adopt rules
governing the listing and trading of equity securities that would be
NMS stocks on the Exchange through a facility of the Exchange known as
the Boston Security Token Exchange LLC. The proposed rule change was
published for comment in the Federal Register on October 18, 2019.\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 87287 (October 11,
2019), 84 FR 56022 (October 18, 2019) (``Original Notice'').
---------------------------------------------------------------------------

    On November 29, 2019, pursuant to Section 19(b)(2) of the Act,\4\
the Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to approve or disapprove the proposed
rule change.\5\ On December 26, 2019, the Exchange filed Amendment No.
1 to the proposed rule change, which amended the proposed rule change
as originally filed.\6\ On January 16, 2020, the Commission published
Amendment No. 1 for notice and comment and instituted proceedings to
determine whether to approve or disapprove the proposed

rule change, as modified by Amendment No. 1.\7\ On February 19, 2020,
the Exchange filed Amendment No. 2 to the proposed rule change, which
replaced and superseded the proposed rule change as originally
filed.\8\ The Commission published the proposed rule change, as
modified by Amendment No. 2, for comment in the Federal Register on
March 6, 2020.\9\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 87641 (November 29,
2019), 84 FR 66701 (December 5, 2019). The Commission designated
January 16, 2020, as the date by which the Commission shall approve
or disapprove, or institute proceedings to determine whether to
approve or disapprove, the proposed rule change.
    \6\ When the Exchange filed Amendment No. 1 to BOX-2019-19, it
also submitted the text of the partial amendment as a comment letter
to the filing, which the Commission made publicly available at
https://www.sec.gov/comments/sr-box-2019-19/srbox201919-6613675-202939.pdf (``Amendment No. 1'').
    \7\ See Securities Exchange Act Release No. 88002 (January 16,
2020), 85 FR 4040 (January 23, 2020) (``Order Instituting
Proceedings'' or ``OIP'').
    \8\ In filing Amendment No. 2, the Exchange responded to
questions raised in comment letters and OIP. See Letter from Lisa
Fall, President, BOX Exchange LLC, to Vanessa Countryman, Secretary,
Commission, dated February 19, 2020, available at https://www.sec.gov/comments/sr-box-2019-19/srbox201919-6840937-208871.pdf.
    \9\ See Securities Exchange Act Release No. 88300 (February 28,
2020), 85 FR 13242 (March 6, 2020). Comments on the proposed rule
change can be found at: https://www.sec.gov/comments/sr-box-2019-19/srbox201919.htm. The Exchange submitted a response to comment
letters and OIP, which the Commission made publicly available at
https://www.sec.gov/comments/sr-box-2019-19/srbox201919-7055631-215391.pdf.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \10\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of filing of the proposed rule
change. The Commission may extend the period for issuing an order
approving or disapproving the proposed rule change, however, by not
more than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. The
proposed rule change was published for notice and comment in the
Federal Register on October 18, 2019.\11\ April 15, 2020 is 180 days
from that date, and June 14, 2020 is 240 days from that date.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).
    \11\ See Original Notice, supra note 3.
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider the proposed
rule change. Accordingly, the Commission, pursuant to Section 19(b)(2)
of the Act,\12\ designates June 14, 2020 as the date by which the
Commission shall either approve or disapprove the proposed rule change
(File No. SR-BOX-2019-19).
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-08212 Filed 4-17-20; 8:45 am]
BILLING CODE 8011-01-P


PUBLIC HEARING SPEAKER REGISTRATION Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone ( Clean Air Interstate Rule): Reconsideration U. S. Environmental Protection Agency Headquarters 1310 L Street, Rooms 152 and 154 Washington, DC 20460 December 14, 2005   9: 00 a. m. to 12: 00 p. m.

NAME E MAIL ADDRESS AFFILIATION ADDRESS PHONE NUMBER Rayburn L. Butts Manager, Reg. Planning rbutts@ fpl. com Florida Power & Light 700 Universe Blvd Juno Beach, FL 33408 561 691 7040 Bart E. Cassidy Bcassidy@ mgkflaw. com Manko, Gold, Katcher & Fox, LLP 401 City Avenue, Ste 500 Bala Cynwyd, PA 19004 484 430 2306 John Hampp john_ hampp@ fpl. com Florida Power and Light Group 700 Universe Blvd Juno Beach, FL 33408 561 691 2894 Scott Lorey Legislative Director slorey@ adirondackcouncil. org Adirondack Council 342 Hamilton Street Albany, NY 12210 518 432 1770 Robert Manning robertm@ hgslaw. com Florida Association of Electrical Utilities ( Hopping Green & Sams Attorneys and Counselors) 123 South Calhoun St. Tallahassee, FL 32301 850 222 7500 Fred P. Osman fredosman@ osmanenvironmental. c om Osman Envir. Solutions, LLC 4708 Rock Ledge Drive Harrisburg, PA 17110 717 234 3610


[Federal Register Volume 87, Number 185 (Monday, September 26, 2022)]
[Notices]
[Page 58405]
[FR Doc No: 2022-20733]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95843; File No. SR-MEMX-2022-20]

Self-Regulatory Organizations; MEMX LLC; Notice of Withdrawal of
a Proposed Rule Change To Update Exchange Rule 13.4(a) Regarding the
Exchange's Usage of Data Feeds

September 20, 2022.
    On July 26, 2022, MEMX LLC (``MEMX'') filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to update Exchange Rule 13.4(a) regarding the
sources of data that the Exchange utilizes for the handling, execution
and routing of orders, as well as for surveillance necessary to monitor
compliance with applicable securities laws and Exchange rules, with
respect to certain market centers. The filing was immediately effective
upon filing with the Commission pursuant to Section 19(b)(3)(A) of the
Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The proposed rule change
was published for comment in the Federal Register on August 4, 2022.\5\
On September 19, 2022, MEMX withdrew the proposed rule change (SR-MEMX-
2022-20).
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
    \5\ See Securities Exchange Act Release No. 95395 (July 29,
2022), 87 FR 47799.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-20733 Filed 9-23-22; 8:45 am]
BILLING CODE 8011-01-P