Title	Regulatory Reference	Initial	Annual	Other

Interval	Comments

Access to Employee Exposure and Medical Records	29 CFR 1910.1020(g)	X	X

(g) Employee information. (1) Upon an employee's first entering into
employment, and at least annually thereafter, each employer shall inform
current employees covered by this section of the following:

(g)(1)(i) The existence, location, and availability of any records
covered by this section;

(g)(1)(ii) The person responsible for maintaining and providing access
to records; and

(g)(1)(iii) Each employee's rights of access to these records.

Asbestos Awareness	29 CFR 1910.1001(j)(2)

29 CFR 1910.1001(j)(3)	X	X

(j)(2) Duties of employers and building and facility owners. (i)
Building and facility owners shall determine the presence, location, and
quantity of ACM and/or PACM at the work site.  Employers and building
and facility owners shall exercise due diligence in complying with these
requirements to inform employers and employees about the presence and
location of ACM and PACM.

(j)(3)(v) At the entrance to mechanical rooms/areas in which employees
reasonably can be expected to enter and which contain ACM and/or PACM,
the building owner shall post signs which identify the material which is
present, its location, and appropriate work practices which, if
followed, will ensure that ACM and/or PACM will not be disturbed.  The
employer shall ensure, to the extent feasible, that employees who come
in contact with these signs can comprehend them.  Means to ensure
employee comprehension may include the use of foreign languages,
pictographs, graphics, and awareness training.

Benzene	29 CFR 1910.1028(j)(3)	X	X

(j)(3) Information and training. (i) The employer shall provide
employees with information and training at the time of their initial
assignment to a work area where benzene is present. If exposures are
above the action level, employees shall be provided with information and
training at least annually thereafter.

Bloodborne Pathogens	29 CFR 1910.1030(g)(2)	X	X

(g)(2) Information and training. (i) Employers shall ensure that all
employees with occupational exposure participate in a training program
which must be provided at no cost to the employee and during working
hours.

(g)(2)(ii) Training shall be provided as follows:

(g)(2)(ii)(A) At the time of initial assignment to tasks where
occupational exposure may take place;

(g)(2)(ii)(B) Within 90 days after the effective date of the standard;
and

(g)(2)(ii)(C) At least annually thereafter.

Confined Space Awareness	29 CFR 1910.146(c)(2)	X

	(c)(2) If the workplace contains permit spaces, the employer shall
inform exposed employees, by posting danger signs or by any other
equally effective means, of the existence and location of and the danger
posed by the permit spaces.

Confined Space Entry – Entrant;

Confined Space Entry – Attendant

Confined Space Entry - Supervisor	29 CFR 1910.146(g)

29 CFR 1910.146(i)

29 CFR 1910.146(h)

29 CFR 1910.146(j)	X

	g) Training. (1) The employer shall provide training so that all
employees whose work is regulated by this section acquire the
understanding, knowledge, and skills necessary for the safe performance
of the duties assigned under this section.

(g)(2) Training shall be provided to each affected employee:

(g)(2)(i) Before the employee is first assigned duties under this
section;

(g)(2)(ii) Before there is a change in assigned duties;

(g)(2)(iii) Whenever there is a change in permit space operations that
presents a hazard about which an employee has not previously been
trained;

(g)(2)(iv) Whenever the employer has reason to believe either that there
are deviations from the permit space entry procedures required by
paragraph   HYPERLINK
"JavaScript:DoLink(230383,1,'29CFR1910.146%28d%29%283%29')"  (d)(3)  of
this section or that there are inadequacies in the employee's knowledge
or use of these procedures.

(g)(3) The training shall establish employee proficiency in the duties
required by this section and shall introduce new or revised procedures,
as necessary, for compliance with this section.

(g)(4) The employer shall certify that the training required by
paragraphs   HYPERLINK
"JavaScript:DoLink(230383,1,'29CFR1910.146%28g%29%281%29')"  (g)(1)
through   HYPERLINK
"JavaScript:DoLink(230383,1,'29CFR1910.146%28g%29%283%29')"  (g)(3)  of
this section has been accomplished. The certification shall contain each
employee's name, the signatures or initials of the trainers, and the
dates of training. The certification shall be available for inspection
by employees and their authorized representatives.

Confined Space Entry – Rescuer	29 CFR 1910.146(g)

29 CFR 1910.146(k)(2)	X	X

(k)(2)(ii) Train affected employees to perform assigned rescue duties.
The employer must ensure that such employees successfully complete the
training required to establish proficiency as an authorized entrant, as
provided by paragraphs   HYPERLINK
"JavaScript:DoLink(230383,1,'29CFR1910.146%28g%29')"  (g)  and
HYPERLINK "JavaScript:DoLink(230383,1,'29CFR1910.146%28h%29')"  (h)  of
this section;

(k)(2)(iii) Train affected employees in basic first-aid and
cardiopulmonary resuscitation (CPR). The employer shall ensure that at
least one member of the rescue team or service holding a current
certification in first aid and CPR is available; and

(k)(2)(iv) Ensure that affected employees practice making permit space
rescues at least once every 12 months, by means of simulated rescue
operations in which they remove dummies, manikins, or actual persons
from the actual permit spaces or from representative permit spaces.
Representative permit spaces shall, with respect to opening size,
configuration, and accessibility, simulate the types of permit spaces
from which rescue is to be performed.

Control of Work – Hot Work	29 CFR 1910.252	X

	(a)(2)(iii)(B) Fire watchers shall have fire extinguishing equipment
readily available and be trained in its use.  They shall be familiar
with facilities for sounding an alarm in the event of a fire.

(a)(2)(xiii)(C) Insist that cutters or welders and their supervisors are
suitably trained in the safe operation of their equipment and the safe
use of the process.

CPR	29 CFR 1910.151(b)	X

2-yr	(b) In the absence of an infirmary, clinic, or hospital in near
proximity to the workplace which is used for the treatment of all
injured employees, a person or persons shall be adequately trained to
render first aid.

DOT: Drug and Alcohol – Reasonable Cause Supervisory 	49 CFR
199.113(c)

49 CFR 199.241	X

	(c) Training under each EAP for supervisory personnel who will
determine whether an employee must be drug tested based on reasonable
cause must include one 60-minute period of training on the specific,
contemporaneous physical, behavioral, and performance indicators of
probable drug use.

Each operator shall ensure that persons designated to determine whether
reasonable suspicion exists to require a covered employee to undergo
alcohol testing under   HYPERLINK
"http://www.cyberregs.com/cgi-exe/cpage.dll?pg=x&rp=/indx/CFR/49CFR/CFR_
49_199_-_5_C.htm&sid=2005051007572416121&aph=0&cid=bp&sval=1&spar1=49&re
f=/nonindx/CFR/49CFR/RESRCH/mtoc.htm&uid=mayr2&clrA=0663B2&clrV=0663B2&c
lrX=008E00" \l "g=5~c=225~h=~i=~(b)#g=5~c=225~h=~i=~(b)"  §199.225(b)
receive at least 60 minutes of training on the physical, behavioral,
speech, and performance indicators of probable alcohol misuse.

DOT: Hazmat – General Awareness	49 CFR 172.704(a)(1)

49 CFR 172.704(c)	X

3-yr	(a) Hazmat employee training must include the following:

(1) General awareness/familiarization training. Each hazmat employee
shall be provided general awareness/familiarization training designed to
provide familiarity with the requirements of this subchapter, and to
enable the employee to recognize and identify hazardous materials
consistent with the hazard communication standards of this subchapter.

(c) Initial and recurrent training-(1) Initial training. A new hazmat
employee, or a hazmat employee who changes job functions may perform
those functions prior to the completion of training provided-

(i) The employee performs those functions under the direct supervision
of a properly trained and knowledgeable hazmat employee; and

ii) The training is completed within 90 days after employment or a
change in job function.

2) Recurrent training. A hazmat employee shall receive the training
required by this subpart at least once every three years.

DOT: Hazmat – Function Specific	49 CFR 172.704(a)(2)	X

3-yr	2) Function-specific training. (i) Each hazmat employee shall be
provided function-specific training concerning requirements of this
subchapter, or exemptions issued under subchapter A of this chapter,
which are specifically applicable to the functions the employee
performs.

(ii) As an alternative to function-specific training on the requirements
of this subchapter, training relating to the requirements of the ICAO
Technical Instructions and the IMDG Code may be provided to the extent
such training addresses functions authorized by   HYPERLINK
"http://www.cyberregs.com/cgi-exe/cpage.dll?pg=x&rp=/pseudo.htm&sid=2005
051007572416121&aph=0&cid=bp&sval=1&spar1=49&ref=/indx/CFR/49CFR/CFR_49_
172_-_5_H.htm&uid=mayr2&clrA=0663B2&clrV=0663B2&clrX=008E00&pseudo=UN1%2
C%2CCFR%2CCFR_49_171%2Cg=5~c=11~h=~i=%2C" \l "g=5~c=11~h=~i="
§§171.11  and   HYPERLINK
"http://www.cyberregs.com/cgi-exe/cpage.dll?pg=x&rp=/pseudo.htm&sid=2005
051007572416121&aph=0&cid=bp&sval=1&spar1=49&ref=/indx/CFR/49CFR/CFR_49_
172_-_5_H.htm&uid=mayr2&clrA=0663B2&clrV=0663B2&clrX=008E00&pseudo=UN1%2
C%2CCFR%2CCFR_49_171%2Cg=5~c=12~h=~i=%2C" \l "g=5~c=12~h=~i="  171.12
of this subchapter.

(c) Initial and recurrent training-(1) Initial training. A new hazmat
employee, or a hazmat employee who changes job functions may perform
those functions prior to the completion of training provided-

(i) The employee performs those functions under the direct supervision
of a properly trained and knowledgeable hazmat employee; and

ii) The training is completed within 90 days after employment or a
change in job function.

2) Recurrent training. A hazmat employee shall receive the training
required by this subpart at least once every three years.

DOT: Hazmat – Safety (Emergency Response)	49 CFR 172.704(a)(3)	X

3-yr	(3) Safety training. Each hazmat employee shall receive safety
training concerning-

(i) Emergency response information required by subpart G of part 172;

(ii) Measures to protect the employee from the hazards associated with
hazardous materials to which they may be exposed in the work place,
including specific measures the hazmat employer has implemented to
protect employees from exposure; and

(iii) Methods and procedures for avoiding accidents, such as the proper
procedures for handling packages containing hazardous materials.

(c) Initial and recurrent training-(1) Initial training. A new hazmat
employee, or a hazmat employee who changes job functions may perform
those functions prior to the completion of training provided-

(i) The employee performs those functions under the direct supervision
of a properly trained and knowledgeable hazmat employee; and

ii) The training is completed within 90 days after employment or a
change in job function.

2) Recurrent training. A hazmat employee shall receive the training
required by this subpart at least once every three years.

DOT: Hazmat – Security	49 CFR 172.704(a)(4)

49 CFR 172.704(a)(5)	X

3-yr	(4) Security awareness training. No later than the date of the
first scheduled recurrent training after March 25, 2003, and in no case
later than March 24, 2006, each hazmat employee must receive training
that provides an awareness of security risks associated with hazardous
materials transportation and methods designed to enhance transportation
security.  This training must also include a component covering how to
recognize and respond to possible security threats.  After March 25,
2003, new hazmat employees must receive the security awareness training
required by this paragraph within 90 days after employment.

(5) In-depth security training. By December 22, 2003, each hazmat
employee of a person required to have a security plan in accordance with
subpart I of this part must be trained concerning the security plan and
its implementation.  Security training must include company security
objectives, specific security procedures, employee responsibilities,
actions to take in the event of a security breach, and the
organizational security structure.

(c) Initial and recurrent training-(1) Initial training. A new hazmat
employee, or a hazmat employee who changes job functions may perform
those functions prior to the completion of training provided-

(i) The employee performs those functions under the direct supervision
of a properly trained and knowledgeable hazmat employee; and

ii) The training is completed within 90 days after employment or a
change in job function.

2) Recurrent training. A hazmat employee shall receive the training
required by this subpart at least once every three years.

DOT: Hazmat – Modal-Specific	49 CFR 172.700	X

3-yr	a) Purpose. This subpart prescribes requirements for training
hazmat employees.

(b) Scope. Training as used in this subpart means a systematic program
that ensures a hazmat employee has familiarity with the general
provisions of this subchapter, is able to recognize and identify
hazardous materials, has knowledge of specific requirements of this
subchapter applicable to functions performed by the employee, and has
knowledge of emergency response information, self-protection measures
and accident prevention methods and procedures (see   HYPERLINK
"http://www.cyberregs.com/cgi-exe/cpage.dll?pg=x&rp=/indx/CFR/49CFR/CFR_
49_172_-_5_H.htm&sid=2005051007572416121&aph=0&cid=bp&sval=1&spar1=49&re
f=/nonindx/CFR/49CFR/RESRCH/mtoc.htm&uid=mayr2&clrA=0663B2&clrV=0663B2&c
lrX=008E00" \l "g=5~c=704~h=~i=#g=5~c=704~h=~i="  §172.704 ).

(c) Modal-specific training requirements. Additional training
requirements for the individual modes of transportation are prescribed
in parts 174, 175, 176, and 177 of this subchapter.

DOT: Hazmat - Driver	49 CFR 177.800(c)

49 CFR 177.816(a)	X

	c) Responsibility for training. A carrier may not transport a hazardous
material by motor vehicle unless each of its hazmat employees involved
in that transportation is trained as required by this part and subpart H
of part 172 of this subchapter.

(a) In addition to the training requirements of   HYPERLINK
"http://www.cyberregs.com/cgi-exe/cpage.dll?pg=x&rp=/indx/CFR/49CFR/CFR_
49_177_-_5_A.htm&sid=2005051007572416121&aph=0&cid=bp&sval=1&spar1=49&re
f=/nonindx/CFR/49CFR/RESRCH/mtoc.htm&uid=mayr2&clrA=0663B2&clrV=0663B2&c
lrX=008E00" \l "g=5~c=800~h=~i=#g=5~c=800~h=~i="  §177.800 , no carrier
may transport, or cause to be transported, a hazardous material unless
each hazmat employee who will operate a motor vehicle has been trained
in the applicable requirements of   HYPERLINK
"http://www.cyberregs.com/cgi-exe/cpage.dll?pg=x&rp=/pseudo.htm&sid=2005
051007572416121&aph=0&cid=bp&sval=1&spar1=49&ref=/indx/CFR/49CFR/CFR_49_
177_-_5_A.htm&uid=mayr2&clrA=0663B2&clrV=0663B2&clrX=008E00&pseudo=UN1%2
C%2CCFR%2CCFR_49_390%2C%2C"  49 CFR parts 390  through 397 and the
procedures necessary for the safe operation of that motor vehicle.

Electrical Safety – Non-Qualified	29 CFR 1910.332	X

	(a) Scope. The training requirements contained in this section apply to
employees who face a risk of electric shock that is not reduced to a
safe level by the electrical installation requirements of   HYPERLINK
"http://www.cyberregs.com/cgi-exe/cpage.dll?pg=x&rp=/indx/CFR/29CFR/CFR_
29_1910_-_5_S.htm&sid=2005051007572416121&aph=0&cid=bp&sval=1&spar1=29&r
ef=/nonindx/CFR/29CFR/OSHA/mtoc.htm&uid=mayr2&clrA=0663B2&clrV=0663B2&cl
rX=008E00" \l "g=5~c=303~h=~i=#g=5~c=303~h=~i="  §§1910.303  through
1910.308.

Note:

Employees in occupations listed in Table S-4 face such a risk and are
required to be trained.  Other employees who also may reasonably be
expected to face a comparable risk of injury due to electric shock or
other electrical hazards must also be trained.

(b) Content of training. (1) Practices addressed in this standard.
Employees shall be trained in and familiar with the safety-related work
practices required by   HYPERLINK
"http://www.cyberregs.com/cgi-exe/cpage.dll?pg=x&rp=/indx/CFR/29CFR/CFR_
29_1910_-_5_S.htm&sid=2005051007572416121&aph=0&cid=bp&sval=1&spar1=29&r
ef=/nonindx/CFR/29CFR/OSHA/mtoc.htm&uid=mayr2&clrA=0663B2&clrV=0663B2&cl
rX=008E00" \l "g=5~c=331~h=~i=#g=5~c=331~h=~i="  §§1910.331  through
1910.335 that pertain to their respective job assignments.

(2) Additional requirements for unqualified persons. Employees who are
covered by paragraph (a) of this section but who are not qualified
persons shall also be trained in and familiar with any electrically
related safety practices not specifically addressed by   HYPERLINK
"http://www.cyberregs.com/cgi-exe/cpage.dll?pg=x&rp=/indx/CFR/29CFR/CFR_
29_1910_-_5_S.htm&sid=2005051007572416121&aph=0&cid=bp&sval=1&spar1=29&r
ef=/nonindx/CFR/29CFR/OSHA/mtoc.htm&uid=mayr2&clrA=0663B2&clrV=0663B2&cl
rX=008E00" \l "g=5~c=331~h=~i=#g=5~c=331~h=~i="  §§1910.331  through
1910.335 but which are necessary for their safety.

Electrical Safety – Qualified	29 CFR 1910.332	X

	(3) Additional requirements for qualified persons. Qualified persons
(i.e., those permitted to work on or near exposed energized parts)
shall, at a minimum, be trained in and familiar with the following:

(i) The skills and techniques necessary to distinguish exposed live
parts from other parts of electric equipment,

(ii) The skills and techniques necessary to determine the nominal
voltage of exposed live parts, and

(iii) The clearance distances specified in   HYPERLINK
"http://www.cyberregs.com/cgi-exe/cpage.dll?pg=x&rp=/indx/CFR/29CFR/CFR_
29_1910_-_5_S.htm&sid=2005051007572416121&aph=0&cid=bp&sval=1&spar1=29&r
ef=/nonindx/CFR/29CFR/OSHA/mtoc.htm&uid=mayr2&clrA=0663B2&clrV=0663B2&cl
rX=008E00" \l "g=5~c=333~h=~i=~(c)#g=5~c=333~h=~i=~(c)"  §1910.333(c)
and the corresponding voltages to which the qualified person will be
exposed.

Note 1: For the purposes of   HYPERLINK
"http://www.cyberregs.com/cgi-exe/cpage.dll?pg=x&rp=/indx/CFR/29CFR/CFR_
29_1910_-_5_S.htm&sid=2005051007572416121&aph=0&cid=bp&sval=1&spar1=29&r
ef=/nonindx/CFR/29CFR/OSHA/mtoc.htm&uid=mayr2&clrA=0663B2&clrV=0663B2&cl
rX=008E00" \l "g=5~c=331~h=~i=#g=5~c=331~h=~i="  §§1910.331  through
1910.335, a person must have the training required by paragraph (b)(3)
of this section in order to be considered a qualified person.

Note 2: Qualified persons whose work on energized equipment involves
either direct contact or contact by means of tools or materials must
also have the training needed to meet   HYPERLINK
"http://www.cyberregs.com/cgi-exe/cpage.dll?pg=x&rp=/indx/CFR/29CFR/CFR_
29_1910_-_5_S.htm&sid=2005051007572416121&aph=0&cid=bp&sval=1&spar1=29&r
ef=/nonindx/CFR/29CFR/OSHA/mtoc.htm&uid=mayr2&clrA=0663B2&clrV=0663B2&cl
rX=008E00" \l "g=5~c=333~h=~i=~(c)(2)#g=5~c=333~h=~i=~(c)(2)"
§1910.333(c)(2) .

Emergency Alarm Systems	29 CFR 1910.165(d)(5)	X

	(5) The employer shall assure that the servicing, maintenance and
testing of employee alarms are done by persons trained in the designed
operation and functions necessary for reliable and safe operation of the
system.

Fall Protection	29 CFR 1926.503	X

	(a) Training Program. (1) The employer shall provide a training program
for each employee who might be exposed to fall hazards. The program
shall enable each employee to recognize the hazards of falling and shall
train each employee in the procedures to be followed in order to
minimize these hazards.

(b) Certification of training. (1) The employer shall verify compliance
with paragraph (a) of this section by preparing a written certification
record. The written certification record shall contain the name or other
identity of the employee trained, the date(s) of the training, and the
signature of the person who conducted the training or the signature of
the employer. If the employer relies on training conducted by another
employer or completed prior to the effective date of this section, the
certification record shall indicate the date the employer determined the
prior training was adequate rather than the date of actual training.

(c) Retraining. When the employer has reason to believe that any
affected employee who has already been trained does not have the
understanding and skill required by paragraph (a) of this section, the
employer shall retrain each such employee.

Fire Prevention Plan	29 CFR 1910.39(d)	X

	(d) Employee information. An employer must inform employees upon
initial assignment to a job of the fire hazards to which they are
exposed. An employer must also review with each employee those parts of
the fire prevention plan necessary for self-protection.

First Aid	29 CFR 1910.151(b)	X

2-yr	(b) In the absence of an infirmary, clinic, or hospital in near
proximity to the workplace which is used for the treatment of all
injured employees, a person or persons shall be adequately trained to
render first aid.

Forklift Safety	29 CFR 1910.178(l)(1)

29 CFR 1910.178(l)(4)	X

3-yr	(l) Operator training. (1) Safe operation. (i) The employer shall
ensure that each powered industrial truck operator is competent to
operate a powered industrial truck safely, as demonstrated by the
successful completion of the training and evaluation specified in this
paragraph (l).

(ii) Prior to permitting an employee to operate a powered industrial
truck (except for training purposes), the employer shall ensure that
each operator has successfully completed the training required by this
paragraph (l), except as permitted by paragraph (l)(5).

(4) Refresher training and evaluation. (i) Refresher training, including
an evaluation of the effectiveness of that training, shall be conducted
as required by paragraph (l)(4)(ii) to ensure that the operator has the
knowledge and skills needed to operate the powered industrial truck
safely.

(ii) Refresher training in relevant topics shall be provided to the
operator when:

(A) The operator has been observed to operate the vehicle in an unsafe
manner;

(B) The operator has been involved in an accident or near-miss incident;

(C) The operator has received an evaluation that reveals that the
operator is not operating the truck safely;

(D) The operator is assigned to drive a different type of truck; or

(E) A condition in the workplace changes in a manner that could affect
safe operation of the truck.

(iii) An evaluation of each powered industrial truck operator's
performance shall be conducted at least once every three years.

	Hazard Communication	29 CFR 1910.1200(h)	X

	(h) Employee information and training. (1) Employers shall provide
employees with effective information and training on hazardous chemicals
in their work area at the time of their initial assignment, and whenever
a new physical or health hazard the employees have not previously been
trained about is introduced into their work area. Information and
training may be designed to cover categories of hazards (e.g.,
flammability, carcinogenicity) or specific chemicals.

HAZWOPER: First Responder Awareness

(Level 1)	29 CFR 1910.120(e)

29 CFR 1910.120(e)(8)	X	X

(e) Training-(1) General. (i) All employees working on site (such as but
not limited to equipment operators, general laborers and others) exposed
to hazardous substances, health hazards, or safety hazards and their
supervisors and management responsible for the site shall receive
training meeting the requirements of this paragraph before they are
permitted to engage in hazardous waste operations that could expose them
to hazardous substances, safety, or health hazards, and they shall
receive review training as specified in this paragraph.

(ii) Employees shall not be permitted to participate in or supervise
field activities until they have been trained to a level required by
their job function and responsibility.

(8) Refresher training. Employees specified in paragraph (e)(1) of this
section, and managers and supervisors specified in paragraph (e)(4) of
this section, shall receive eight hours of refresher training annually
on the items specified in paragraph (e)(2) and/or (e)(4) of this
section, any critique of incidents that have occurred in the past year
that can serve as training examples of related work, and other relevant
topics.

HAZWOPER: First Responder Operations

(Level 2)	29 CFR 1910.120(q)(6)(ii)

29 CFR 1910.120(q)(8)	X	X

(ii) First responder operations level. First responders at the
operations level are individuals who respond to releases or potential
releases of hazardous substances as part of the initial response to the
site for the purpose of protecting nearby persons, property, or the
environment from the effects of the release. They are trained to respond
in a defensive fashion without actually trying to stop the release.
Their function is to contain the release from a safe distance, keep it
from spreading, and prevent exposures. First responders at the
operational level shall have received at least eight hours of training
or have had sufficient experience to objectively demonstrate competency
in the following areas in addition to those listed for the awareness
level and the employer shall so certify:

(A) Knowledge of the basic hazard and risk assessment techniques.

(B) Know how to select and use proper personal protective equipment
provided to the first responder operational level.

(C) An understanding of basic hazardous materials terms.

(D) Know how to perform basic control, containment and/or confinement
operations within the capabilities of the resources and personal
protective equipment available with their unit.

(E) Know how to implement basic decontamination procedures.

(F) An understanding of the relevant standard operating procedures and
termination procedures.

(8) Refresher training. (i) Those employees who are trained in
accordance with paragraph (q)(6) of this section shall receive annual
refresher training of sufficient content and duration to maintain their
competencies, or shall demonstrate competency in those areas at least
yearly.

HAZWOPER: Hazardous Material Specialist (Level 4)	29 CFR
1910.120(q)(6)(iii)

29 CFR 1910.120(q)(8)	X	X

(iii) Hazardous materials technician. Hazardous materials technicians
are individuals who respond to releases or potential releases for the
purpose of stopping the release. They assume a more aggressive role than
a first responder at the operations level in that they will approach the
point of release in order to plug, patch or otherwise stop the release
of a hazardous substance. Hazardous materials technicians shall have
received at least 24 hours of training equal to the first responder
operations level and in addition have competency in the following areas
and the employer shall so certify:

(A) Know how to implement the employer's emergency response plan.

(B) Know the classification, identification and verification of known
and unknown materials by using field survey instruments and equipment.

(C) Be able to function within an assigned role in the Incident Command
System.

(D) Know how to select and use proper specialized chemical personal
protective equipment provided to the hazardous materials technician.

(E) Understand hazard and risk assessment techniques.

(F) Be able to perform advance control, containment, and/or confinement
operations within the capabilities of the resources and personal
protective equipment available with the unit.

(G) Understand and implement decontamination procedures.

(H) Understand termination procedures.

(I) Understand basic chemical and toxicological terminology and
behavior.

(8) Refresher training. (i) Those employees who are trained in
accordance with paragraph (q)(6) of this section shall receive annual
refresher training of sufficient content and duration to maintain their
competencies, or shall demonstrate competency in those areas at least
yearly.

HAZWOPER: Hazardous Materials Technician (Level 3)	29 CFR
1910.120(q)(6)(iv)

29 CFR 1910.120(q)(8)	X	X

(iv) Hazardous materials specialist. Hazardous materials specialists are
individuals who respond with and provide support to hazardous materials
technicians. Their duties parallel those of the hazardous materials
technician, however, those duties require a more directed or specific
knowledge of the various substances they may be called upon to contain.
The hazardous materials specialist would also act as the site liaison
with Federal, state, local and other government authorities in regards
to site activities. Hazardous materials specialists shall have received
at least 24 hours of training equal to the technician level and in
addition have competency in the following areas and the employer shall
so certify:

(A) Know how to implement the local emergency response plan.

(B) Understand classification, identification and verification of known
and unknown materials by using advanced survey instruments and
equipment.

(C) Know of the state emergency response plan.

(D) Be able to select and use proper specialized chemical personal
protective equipment provided to the hazardous materials specialist.

(E) Understand in-depth hazard and risk techniques.

(F) Be able to perform specialized control, containment, and/or
confinement operations within the capabilities of the resources and
personal protective equipment available.

(G) Be able to determine and implement decontamination procedures.

(H) Have the ability to develop a site safety and control plan.

(I) Understand chemical, radiological and toxicological terminology and
behavior.

(8) Refresher training. (i) Those employees who are trained in
accordance with paragraph (q)(6) of this section shall receive annual
refresher training of sufficient content and duration to maintain their
competencies, or shall demonstrate competency in those areas at least
yearly.

HAZWOPER: Incident Commander

(Level 5)	29 CFR 1910.120(q)(6)(v)

29 CFR 1910.120(q)(8)	X	X

v) On scene incident commander. Incident commanders, who will assume
control of the incident scene beyond the first responder awareness
level, shall receive at least 24 hours of training equal to the first
responder operations level and in addition have competency in the
following areas and the employer shall so certify:

(A) Know and be able to implement the employer's incident command
system.

(B) Know how to implement the employer's emergency response plan.

(C) Know and understand the hazards and risks associated with employees
working in chemical protective clothing.

(D) Know how to implement the local emergency response plan.

(E) Know of the state emergency response plan and of the Federal
Regional Response Team.

(F) Know and understand the importance of decontamination procedures.

(8) Refresher training. (i) Those employees who are trained in
accordance with paragraph (q)(6) of this section shall receive annual
refresher training of sufficient content and duration to maintain their
competencies, or shall demonstrate competency in those areas at least
yearly.

Hearing Conservation	29 CFR 1910.95(k)	X	X

(k) Training program. (1) The employer shall institute a training
program for all employees who are exposed to noise at or above an 8-hour
time-weighted average of 85 decibels, and shall ensure employee
participation in such program.

(2) The training program shall be repeated annually for each employee
included in the hearing conservation program. Information provided in
the training program shall be updated to be consistent with changes in
protective equipment and work processes.

Incident Management Plan	29 CFR 1910.38(e)

29 CFR 1910.38(f)	X

	(e) Training. An employer must designate and train employees to assist
in a safe and orderly evacuation of other employees.

(f) Review of emergency action plan. An employer must review the
emergency action plan with each employee covered by the plan:

(1) When the plan is developed or the employee is assigned initially to
a job;

(2) When the employee's responsibilities under the plan change; and

(3) When the plan is changed.

Injury and Illness Reporting	29 CFR 1904.35(a)(1)	X

	(a) Basic requirement. Your employees and their representatives must be
involved in the recordkeeping system in several ways.

(1) You must inform each employee of how he or she is to report an
injury or illness to you.

Laboratory Safety	29 CFR 1910.1450(f)	X

3-yr	(f) Employee information and training. (1) The employer shall
provide employees with information and training to ensure that they are
apprised of the hazards of chemicals present in their work area.

(2) Such information shall be provided at the time of an employee's
initial assignment to a work area where hazardous chemicals are present
and prior to assignments involving new exposure situations. The
frequency of refresher information and training shall be determined by
the employer.

Ladder Safety	29 CFR 1926.1060	X

	(a) The employer shall provide a training program for each employee
using ladders and stairways, as necessary. The program shall enable each
employee to recognize hazards related to ladders and stairways, and
shall train each employee in the procedures to be followed to minimize
these hazards.

(b) Retraining shall be provided for each employee as necessary so that
the employee maintains the understanding and knowledge acquired through
compliance with this section.

Lead	29 CFR 1910.1025(l)	X	X

(l) Employee information and training-(1) Training program. (i) Each
employer who has a workplace in which there is a potential exposure to
airborne lead at any level shall inform employees of the content of
Appendices A and B of this regulation.

(ii) The employer shall institute a training program for and assure the
participation of all employees who are subject to exposure to lead at or
above the action level or for whom the possibility of skin or eye
irritation exists.

(iii) The employer shall provide initial training by 180 days from the
effective date for those employees covered by paragraph (l)(1) (ii) on
the standard's effective date and prior to the time of initial job
assignment for those employees subsequently covered by this paragraph.

(iv) The training program shall be repeated at least annually for each
employee.

Lockout/Tagout – Affected	29 CFR 1910.147(c)(7)	X

	(7) Training and communication. (i) The employer shall provide training
to ensure that the purpose and function of the energy control program
are understood by employees and that the knowledge and skills required
for the safe application, usage, and removal of the energy controls are
acquired by employees. The training shall include the following:

(B) Each affected employee shall be instructed in the purpose and use of
the energy control procedure.

(iii) Employee retraining.

(A) Retraining shall be provided for all authorized and affected
employees whenever there is a change in their job assignments, a change
in machines, equipment or processes that present a new hazard, or when
there is a change in the energy control procedures.

(B) Additional retraining shall also be conducted whenever a periodic
inspection under paragraph (c)(6) of this section reveals, or whenever
the employer has reason to believe, that there are deviations from or
inadequacies in the employee's knowledge or use of the energy control
procedures.

(C) The retraining shall reestablish employee proficiency and introduce
new or revised control methods and procedures, as necessary.

Lockout/Tagout – Authorized	29 CFR 1910.147(c)(7)	X

	7) Training and communication. (i) The employer shall provide training
to ensure that the purpose and function of the energy control program
are understood by employees and that the knowledge and skills required
for the safe application, usage, and removal of the energy controls are
acquired by employees. The training shall include the following:

(A) Each authorized employee shall receive training in the recognition
of applicable hazardous energy sources, the type and magnitude of the
energy available in the workplace, and the methods and means necessary
for energy isolation and control.

(iii) Employee retraining.

(A) Retraining shall be provided for all authorized and affected
employees whenever there is a change in their job assignments, a change
in machines, equipment or processes that present a new hazard, or when
there is a change in the energy control procedures.

(B) Additional retraining shall also be conducted whenever a periodic
inspection under paragraph (c)(6) of this section reveals, or whenever
the employer has reason to believe, that there are deviations from or
inadequacies in the employee's knowledge or use of the energy control
procedures.

(C) The retraining shall reestablish employee proficiency and introduce
new or revised control methods and procedures, as necessary.

Lockout/Tagout – Periodic Inspection	29 CFR 1910.147(c)(6)

X

6) Periodic inspection. (i) The employer shall conduct a periodic
inspection of the energy control procedure at least annually to ensure
that the procedure and the requirements of this standard are being
followed.

(A) The periodic inspection shall be perfomed by an authorized employee
other than the ones(s) utilizing the energy control procedure being
inspected.

(B) The periodic inspection shall be conducted to correct any deviations
or inadequacies identified.

(C) Where lockout is used for energy control, the periodic inspection
shall include a review, between the inspector and each authorized
employee, of that employee's responsibilities under the energy control
procedure being inspected.

(D) Where tagout is used for energy control, the periodic inspection
shall include a review, between the inspector and each authorized and
affected employee, of that employee's responsibilities under the energy
control procedure being inspected, and the elements set forth in
paragraph (c)(7)(ii) of this section.

(ii) The employer shall certify that the periodic inspections have been
performed. The certification shall identify the machine or equipment on
which the energy control procedure was being utilized, the date of the
inspection, the employees included in the inspection, and the person
performing the inspection.

Personal Protective Equipment	29 CFR 1910.132(f)	X

	(f) Training. (1) The employer shall provide training to each employee
who is required by this section to use PPE.

(2) Each affected employee shall demonstrate an understanding of the
training specified in paragraph (f)(1) of this section, and the ability
to use PPE properly, before being allowed to perform work requiring the
use of PPE.

(3) When the employer has reason to believe that any affected employee
who has already been trained does not have the understanding and skill
required by paragraph (f)(2) of this section, the employer shall retrain
each such employee. Circumstances where retraining is required include,
but are not limited to, situations where:

(i) Changes in the workplace render previous training obsolete; or

(ii) Changes in the types of PPE to be used render previous training
obsolete; or

(iii) Inadequacies in an affected employee's knowledge or use of
assigned PPE indicate that the employee has not retained the requisite
understanding or skill.

Portable Fire Extinguishers	29 CFR 1910.157(g)	X	X

(g) Training and education. (1) Where the employer has provided portable
fire extinguishers for employee use in the workplace, the employer shall
also provide an educational program to familiarize employees with the
general principles of fire extinguisher use and the hazards involved
with incipient stage fire fighting.

(2) The employer shall provide the education required in paragraph
(g)(1) of this section upon initial employment and at least annually
thereafter.

(3) The employer shall provide employees who have been designated to use
fire fighting equipment as part of an emergency action plan with
training in the use of the appropriate equipment.

(4) The employer shall provide the training required in paragraph (g)(3)
of this section upon initial assignment to the designated group of
employees and at least annually thereafter.

Powered Platforms	29 CFR 1910.66(h)(7)(i)(1)	X

	(i) Operations-(1) Training. (i) Working platforms shall be operated
only by persons who are proficient in the operation, safe use and
inspection of the particular working platform to be operated.

(ii) All employees who operate working platforms shall be trained in the
following:

(A) Recognition of, and preventive measures for, the safety hazards
associated with their individual work tasks.

(B) General recognition and prevention of safety hazards associated with
the use of working platforms, including the provisions in the section
relating to the particular working platform to be operated.

(C) Emergency action plan procedures required in paragraph (e)(9) of
this section.

(D) Work procedures required in paragraph (i)(1)(iv) of this section.

(E) Personal fall arrest system inspection, care, use and system
performance.

(iii) Training of employees in the operation and inspection of working
platforms shall be done by a competent person.

(iv) Written work procedures for the operation, safe use and inspection
of working platforms shall be provided for employee training. Pictorial
methods of instruction, may be used, in lieu of written work procedures,
if employee communication is improved using this method. The operating
manuals supplied by manufacturers for platform system components can
serve as the basis for these procedures.

(v) The employer shall certify that employees have been trained in
operating and inspecting a working platform by preparing a certification
record which includes the identity of the person trained, the signature
of the employer or the person who conducted the training and the date
that training was completed. The certification record shall be prepared
at the completion of the training required in paragraph (i)(1)(ii) of
this section, and shall be maintained in a file for the duration of the
employee's employment. The certification record shall be kept readily
available for review by the Assistant Secretary of Labor or the
Assistant Secretary's representative.

Respiratory Protection	29 CFR 1910.134(k)	X	X

(k) Training and information. This paragraph requires the employer to
provide effective training to employees who are required to use
respirators. The training must be comprehensive, understandable, and
recur annually, and more often if necessary. This paragraph also
requires the employer to provide the basic information on respirators in
Appendix D of this section to employees who wear respirators when not
required by this section or by the employer to do so.

5) Retraining shall be administered annually, and when the following
situations occur:

(i) Changes in the workplace or the type of respirator render previous
training obsolete;

(ii) Inadequacies in the employee's knowledge or use of the respirator
indicate that the employee has not retained the requisite understanding
or skill; or

(iii) Any other situation arises in which retraining appears necessary
to ensure safe respirator use.

Safety Signs and Color Codes	29 CFR 1910.145(c)	X

	(c) Classification of signs according to use-(1) Danger signs. (i)
There shall be no variation in the type of design of signs posted to
warn of specific dangers and radiation hazards.

(ii) All employees shall be instructed that danger signs indicate
immediate danger and that special precautions are necessary.

(2) Caution signs. (i) Caution signs shall be used only to warn against
potential hazards or to caution against unsafe practices.

(ii) All employees shall be instructed that caution signs indicate a
possible hazard against which proper precaution should be taken.

Scaffold Safety	29 CFR 1926.454(a)	X

	a) The employer shall have each employee who performs work while on a
scaffold trained by a person qualified in the subject matter to
recognize the hazards associated with the type of scaffold being used
and to understand the procedures to control or minimize those hazards.

Scaffolding – Competent Person	29 CFR 1926.454(b)

29 CFR 1926.454(c)	X

	(b) The employer shall have each employee who is involved in erecting,
disassembling, moving, operating, repairing, maintaining, or inspecting
a scaffold trained by a competent person to recognize any hazards
associated with the work in question.

(c) When the employer has reason to believe that an employee lacks the
skill or understanding needed for safe work involving the erection, use
or dismantling of scaffolds, the employer shall retrain each such
employee so that the requisite proficiency is regained.

SPCC:  Operation and Maintenance	40 CFR 112.7(f)	X	X

(f) Personnel, training, and discharge prevention procedures. (1) At a
minimum, train your oil-handling personnel in the operation and
maintenance of equipment to prevent discharges; discharge procedure
protocols; applicable pollution control laws, rules, and regulations;
general facility operations; and, the contents of the facility SPCC
Plan.

(2) Designate a person at each applicable facility who is accountable
for discharge prevention and who reports to facility management.

(3) Schedule and conduct discharge prevention briefings for your
oil-handling personnel at least once a year to assure adequate
understanding of the SPCC Plan for that facility. Such briefings must
highlight and describe known discharges as described in   HYPERLINK
"http://www.cyberregs.com/cgi-exe/cpage.dll?pg=x&rp=/indx/CFR/40CFR/CFR_
40_112.htm&sid=2005051014275716577&aph=0&cid=bp&sval=1&spar1=40&ref=/non
indx/CFR/40CFR/CWA/mtoc.htm&uid=mayr2&clrA=0663B2&clrV=0663B2&clrX=008E0
0" \l "g=5~c=1~h=~i=~(b)#g=5~c=1~h=~i=~(b)"  §112.1(b)  or failures,
malfunctioning components, and any recently developed precautionary
measures.

SPCC: Facility Response	40 CFR 112.21(b)	X	X

(b) The facility owner or operator shall develop a facility response
training program to train those personnel involved in oil spill response
activities. It is recommended that the training program be based on the
USCG's Training Elements for Oil Spill Response, as applicable to
facility operations. An alternative program can also be acceptable
subject to approval by the Regional Administrator.

(1) The owner or operator shall be responsible for the proper
instruction of facility personnel in the procedures to respond to
discharges of oil and in applicable oil spill response laws, rules, and
regulations.

(2) Training shall be functional in nature according to job tasks for
both supervisory and non-supervisory operational personnel.

Auditor’s Note:  USCG’s Training Elements for Oil Spill Response
mirrors the requirements in 29 CFR 1910.120 HAZWOPER.  Training for
HAZWOPER should fulfill this regulatory training requirement.

Trenching and Shoring	29 CFR 1926

Trenching and Shoring

Regulatory Required Training

Typical Onshore Field Operations (excluding PSM and RMP)

Page   PAGE  1  of   NUMPAGES  3


[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8750-8751]
[FR Doc No: 2015-03239]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0024]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Virginia Tech Transportation Institute (VTTI)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application for exemption from VTTI to
allow the placement of camera-based data acquisition systems (DAS) at
the bottom of windshields on commercial motor vehicles (CMVs). The
Federal Motor Carrier Safety Regulations (FMCSRs) currently require
antennas, transponders, and similar devices to be located not more than
6 inches below the upper edge of the windshield, outside the area swept
by the windshield wipers, and outside the driver's sight lines to the
road and highway signs and signals. VTTI is coordinating device
development and installation of the DASs for a National Highway Traffic
Safety Administration (NHTSA) research program in up to 150 CMVs. The
exemption would enable VTTI and NHTSA to conduct research on the
reliability of collision avoidance systems for CMVs. VTTI believes that
mounting the DASs at the bottom of the windshield would maintain a
level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption.

DATES: Comments must be received on or before March 20, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2015-0024 using any of the
following methods:
     Web site: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington,
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday-Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public participation: The http://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You may find
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov Web site as well as
the DOT's http://docketsinfo.dot.gov Web site. If you would like
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Huntley, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century
(TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from
the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20,
2004, FMCSA published a final rule (69 FR 51589) implementing section
4007. Under this rule, FMCSA must publish a notice of each exemption

request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide the public with an opportunity to inspect the information
relevant to the application, including any safety analyses that have
been conducted. The Agency must also provide an opportunity for public
comment on the request.
    The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)). If the Agency denies the request, it must state the reason
for doing so. If the decision is to grant the exemption, the notice
must specify the person or class of persons receiving the exemption and
the regulatory provision or provisions from which an exemption is
granted. The notice must specify the effective period of the exemption
(up to 2 years) and explain the terms and conditions of the exemption.
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).

VTTI's Application for Exemption

    VTTI has applied for an exemption from 49 CFR 393.60(e)(1) to allow
the installation of DASs at the bottom of the windshield on CMVs. A
copy of the application is included in the docket referenced at the
beginning of this notice.
    Section 393.60(e)(1) of the FMCSRs prohibits the obstruction of the
driver's field of view by devices mounted at the top of the windshield.
Antennas, transponders and similar devices (devices) must not be
mounted more than 152 mm (6 inches) below the upper edge of the
windshield. These devices must be located outside the area swept by the
windshield wipers and outside the driver's sight lines to the road and
highway signs and signals.
    VTTI has applied for the exemption because it wants to install DASs
in up to 150 CMVs operating throughout the United States in support of
research being conducted on behalf of NHTSA. VTTI contends that it must
be able to mount the DASs lower than allowed under 49 CFR 393.60(e)(1)
``because the safety equipment must have a clear forward facing view of
the road, and low enough to accurately scan facial features for
detection of impaired driving.'' VTTI's mounting preference for the
DASs and necessary mounting brackets is at the bottom of the
windshield, and is best suited for mounting within and/or below 3
inches of the bottom of the windshield wiper sweep, and out of the
driver's sightlines to the road and highway signs and signals, to the
extent practicable.

FMCSA Grant of Waiver to VTTI

    Pursuant to 49 U.S.C. 31315(a) and 49 CFR part 381, subpart B, the
FMCSA granted VTTI a 90-day waiver on January 26, 2015 to allow the
placement of the DASs at the bottom of windshields on CMVs, outside of
the area permitted by section 393.60 of the FMCSRs. This waiver is
effective from January 26, 2015, through April 25, 2015. Up to 150 DASs
will be installed and the affected motor carriers are listed as below:

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

------------------------------------------------------------------------
1. USDOT # 32052.......................  Crosby Trucking Service Inc. in
                                          Mount Sydney VA.
2. USDOT # 369138......................  Rush Trucking Corporation in
                                          Wayne Michigan.
3. USDOT # 1977980.....................  Kuperus Trucking Inc. in
                                          Jenison MI.
4. USDOT # 282628......................  Stagecoach Cartage and
                                          Distribution, LP in El Paso
                                          TX.
5. USDOT # 184405......................  J & M Tank Lines Inc. in
                                          Birmingham AL.
6. USDOT # 1243338.....................  P&S Transportation LLC in
                                          Ensley AL.
7. USDOT # 75827.......................  Modular Transport Company in
                                          Wyoming MI.
------------------------------------------------------------------------

    During the waiver period, these motor carriers participating in the
NHTSA research program must ensure that the DASs are mounted within
three inches of the bottom of the driver side windshield wiper sweep,
and out of the driver's sightlines to the road and highway signs and
signals as much as practicable. Vehicles participating in the study
must carry a copy of this waiver in the vehicle.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on VTTI's application for an
exemption from 49 CFR 393.60(e)(1). All comments received before the
close of business on the comment closing date indicated at the
beginning of this notice will be considered and will be available for
examination in the docket at the location listed under the Addresses
section of this notice. Comments received after the comment closing
date will be filed in the public docket and will be considered to the
extent practicable. In addition to late comments, FMCSA will also
continue to file, in the public docket, relevant information that
becomes available after the comment closing date. Interested persons
should continue to examine the public docket for new material.

    Issued on: February 9, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-03239 Filed 2-17-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Rules and Regulations]
[Pages 6969-6972]
[FR Doc No: 2019-03716]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1059]
RIN 1625-AA00

Safety Zones; Tappan Zee Bridge Demolition, Hudson River; South
Nyack and Tarrytown, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones for
navigable waters within approximately a 2,500 foot radius of the center
of the old Tappan Zee Bridge east cantilever span. The two safety zones
are needed to protect personnel, vessels, and the marine environment
from potential hazards created by dropping the east cantilever span by
explosive charges into the Hudson River. Entry of vessels or persons
into either of these two safety zones is prohibited unless specifically
authorized by the Captain of the Port New York or a designated
representative.

DATES: This rule is effective without actual notice from March 1, 2019
through April 31, 2019. For the purposes of enforcement, actual notice
will be used from January 12, 2019 through March 1, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1059 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Jeff Yunker, Waterways Management Division, U.S.
Coast Guard Sector New York, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port New York and New Jersey
DBO USCG First District Bridge Office
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
NYSTA New York State Thruway Authority
RNA Regulated Navigation Area
Sec.  Section
TFR Temporary Final Rule
TIR Temporary Interim Rule
U.S.C. United States Code

II. Background Information and Regulatory History

    On September 26, 2013, the Coast Guard published a TIR establishing
a RNA on the navigable waters of the Hudson River, NY, for the Tappan
Zee Bridge replacement project (78 FR 59231). We received no comments
on the September 26, 2013 TIR. No public meeting was requested, and no
public meeting was held. Construction on the Tappan Zee Bridge
replacement project began on October 1, 2013.
    On July 25, 2014, the Coast Guard published a change to the
original TIR which established a new safety zone and expanded the RNA
to create both an Eastern and Western RNA for the Tappan Zee Bridge
replacement project on navigable waters of the Hudson River, NY (79 FR
43250). We received two comments on the July 25, 2014, TIR. The first
comment referenced an unrelated rulemaking effort to establish
anchorage locations along the Hudson River. The second comment merely
provided the environmental checklist for the TIR. No public meeting was
requested, and no public meeting was held.
    On August 23, 2018 the NYSTA requested the RNAs and safety zone be
extended until December 31, 2019, to complete all remaining contract
operations in and over the Hudson River, including, but not limited to,
steel erection, concrete bridge deck placements, installation of
navigation lighting, and removal of the original Tappan Zee Bridge. On
December 21, 2018, the Coast Guard published a change to the original
TIR extending the RNAs and safety zone effective date to December 31,
2019 (83 FR 65521).
    On November 9, 2018, the Coast Guard received the contractor's
preliminary plan and procedures for explosives handling, and their east
cantilever span salvage plan. The contractor has since deployed heavy
lifting chains along the Hudson Riverbed beneath the east cantilever
span, east of the Federal navigation channel. These heavy chains will
be used to lift and remove the east cantilever span from the Hudson
Riverbed after it has been felled from the existing bridge structure by
explosive charges. The Hudson River will be closed to all vessels
within approximately a 2,500 foot radius of the center of the east
cantilever span, unless authorized by the COTP or his designated
representative during these operations. These two safety zones will
provide this 2,500 foot restricted area that is not currently within
the boundaries of the existing eastern RNA codified at 33 CFR 165.T01-
0174.
    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM with respect to this rule
because the plans for using explosive charges to drop the east
cantilever span into the Hudson River was only recently finalized and
provided to the Coast Guard, which did not give the Coast Guard enough
time to publish an NPRM, take public comments, and issue a final rule
before demolition commences. Timely action is needed to respond to the
potential safety hazards associated with this demolition project. It
would be impracticable and contrary to the public interest to publish
an NPRM because we must establish these two safety zones prior to
demolition on January 12, 2019, to protect the safety of the waterway
users, construction crew, and other personnel associated with the
bridge project. A delay of the demolition to accommodate a full notice
and comment period would delay necessary operations, result in
increased costs, and delay the completion date of the bridge project
and subsequent reopening of the Hudson River for normal operations.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists
for making this rule effective less than 30 days after publication in
the Federal Register. Delaying the effective date of this rule would be
impracticable because immediate action is needed to respond to the
potential safety hazards associated with the use of explosives to drop
the east cantilever span of the old Tappan Zee Bridge to the Hudson
Riverbed and subsequent removal of the

east cantilever span from the Hudson River.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP has determined that potential hazards associated with
the use of explosives to drop the east cantilever span of the old
Tappan Zee Bridge to the Hudson Riverbed, tentatively scheduled no
earlier than Saturday, January 12, 2019, will be a safety concern for
anyone within a 2,500-foot radius of the center of the east cantilever
span of the old Tappan Zee Bridge. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the two safety zones during the dropping of the east cantilever
span of the old Tappan Zee Bridge.

IV. Discussion of the Rule

    This rule establishes two safety zones, a North Safety Zone and a
South Safety Zone, from 7:00 a.m. on January 12, 2019 through 11:59
p.m. on April 31, 2019. This rule is tentatively scheduled to be
enforced from 7:00 a.m. until 10:00 a.m. on January 12, 2019. The two
safety zones cover all navigable waters of the Hudson River within
approximately a 2,500 foot radius of the center of the old Tappan Zee
Bridge east cantilever span in approximate position 41[deg]04'12.3'' N,
073[deg]52'40.1'' W (NAD 83). The two safety zones are immediately
adjacent, north and south, of the existing eastern RNA, and immediately
adjacent, east, of the existing safety zone, codified at 33 CFR
165.T01-0174.
    The North Safety Zone includes all waters of the Hudson River north
of the old Tappan Zee Bridge, and east of the existing construction
safety zone, from surface to bottom, bound by the following approximate
positions: 41[deg]04'21.96'' N, 073[deg]52'03.25'' W, thence to
41[deg]04'26.27'' N, 073[deg]52'19.82'' W, thence to 41[deg]04'26.53''
N, 073[deg]53'20.07'' W, thence to 41[deg]04'37.50'' N,
073[deg]53'20.59'' W, thence to 41[deg]04'37.50'' N, 073[deg]52'21.65''
W, thence to the point of origin (NAD 83).
    The South Safety Zone includes all waters of the Hudson River south
of the old Tappan Zee Bridge, and east of the existing construction
safety zone, from surface to bottom, bound by the following approximate
positions: 41[deg]03'46.91'' N, 073[deg]52'05.89'' W, thence to
41[deg]03'56.69'' N, 073[deg]52'24.75'' W, thence to 41[deg]03'56.92''
N, 073[deg]53'18.84'' W, thence to 41[deg]03'46.92'' N,
073[deg]53'18.42'' W, thence to the point of origin (NAD 83).
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    The Coast Guard is publishing this rulemaking to be effective, and
enforceable, through April 31, 2019 in case the project is delayed due
to construction delays or unforeseen circumstances.
    The duration of the two safety zones are intended to protect
personnel, vessels, and the marine environment in these navigable
waters during the use of explosives to drop the east cantilever span of
the old Tappan Zee Bridge to the Hudson Riverbed. No vessel or person
will be permitted to enter the two safety zones without obtaining
permission from the COTP or a designated representative.
    The Coast Guard will notify the public and local mariners of these
two safety zones through the Local Notice to Mariners and/or Broadcast
Notice to Mariners via VHF-FM marine channel 16 in advance of any
scheduled enforcement period.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the following
reasons: (1) The two safety zones only impact a small designated area
of the Hudson River, (2) the two safety zones will only be enforced
during the demolition and cleanup of the east cantilever span of the
old Tappan Zee Bridge to the Hudson Riverbed, (3) vessels not
constrained by their draft or length may still transit from the north,
to, and from, the marina located in Tarrytown, NY on the east shore of
the Hudson River, (4) the demolition operations are scheduled in the
Winter when recreational vessel traffic is less frequent.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
two safety zones may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
two safety zones during demolition and cleanup operations that will
prohibit entry within a 2,500 foot radius of the center of the old
Tappan Zee Bridge east cantilever span during the use of explosives to
drop the east cantilever span of the old Tappan Zee Bridge to the
Hudson Riverbed. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T01-1059 to read as follows:

Sec.  165.T01-1059  Safety Zones, Tappan Zee Bridge Demolition, Hudson
River; South Nyack and Tarrytown, NY.

    (a) North safety zone boundaries. The following is a safety zone:
All waters of the Hudson River north of the old Tappan Zee Bridge, and
east of the existing construction safety zone, from surface to bottom,
bound by the following approximate positions: 41[deg]04'21.96'' N,
073[deg]52'03.25'' W, thence to 41[deg]04'26.27'' N, 073[deg]52'19.82''
W, thence to 41[deg]04'26.53'' N, 073[deg]53'20.07'' W, thence to
41[deg]04'37.50'' N, 073[deg]53'20.59'' W, thence to 41[deg]04'37.50''
N, 073[deg]52'21.65'' W, thence to the point of origin (NAD 83).
    (b) South safety zone boundaries. The following is a safety zone:
All waters of the Hudson River south of the old Tappan Zee Bridge, and
east of the existing construction safety zone, from surface to bottom,
bound by the following approximate positions: 41[deg]03'46.91'' N,
073[deg]52'05.89'' W, thence to 41[deg]03'56.69'' N, 073[deg]52'24.75''
W, thence to 41[deg]03'56.92'' N, 073[deg]53'18.84'' W, thence to
41[deg]03'46.92'' N, 073[deg]53'18.42'' W, thence to the point of
origin (NAD 83).
    (c) Definitions. The following definitions apply to this section:
    Designated representative means any Coast Guard commissioned,
warrant, petty officer, or designated Patrol Commander of the U.S.
Coast Guard who has been designated by the Captain of the Port, Sector
New York (COTP), to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
    Official patrol vessels means any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned or approved
by the COTP.
    (d) Regulations. When these two safety zones are enforced, the
following regulations, along with those contained in Sec.  165.23
apply:
    (1) During periods of enforcement no person or vessel may enter or
remain in either of the two safety zones described in paragraphs (a)
and (b) of this section unless authorized by the COTP or the COTP's
designated representative.
    (2) Persons and vessels may request permission to enter the zone on
VHF-16.
    (3) Any vessels permitted to enter these zones must comply with all
orders and directions from the COTP or the COTP's designated
representative.
    (4) Upon being hailed by a Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
    (5) Notwithstanding anything contained in this section, the Rules
of the Road in 33 CFR subchapter E, part 84, are still in effect and
must be strictly adhered to at all times.
    (d) Enforcement periods. This regulation is enforceable 24 hours a
day from 7:00 a.m. on January 12, 2019 until 11:59 p.m. on April 31,
2019, but will only be enforced during the use of explosives to drop
the east cantilever span of the old Tappan Zee Bridge to the Hudson
Riverbed. The demolition operations that will require enforcement of
the two safety zone regulations are tentatively scheduled to take place
on January 12, 2019, from approximately 7:00 a.m. until 10:00 a.m.,
unless delayed. The COTP will provide notice of the channel closure by
appropriate means to the affected segments of the public. Such means of
notification may include, but are not limited to, Broadcast Notice to
Mariners and/or Local Notice to Mariners.
    (1) If enforcement is suspended, the COTP will provide a notice of
the suspension of enforcement by appropriate means. Such means of
notification may include, but are not limited to, Broadcast Notice to
Mariners and/or Local Notice to Mariners.
    (2) Violations of this regulation may be reported to the COTP at
(718) 354-4353 or on VHF-Channel 16.

    Dated: January 3, 2019.
J.P. Tama,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2019-03716 Filed 2-28-19; 8:45 am]
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