Federal Registers - Table of Contents Federal Registers - Table of Contents
• Publication Date: 10/17/2006
• Publication Type: Final Rules
• Fed Register #: 71:60843-60847
• Standard Number: 1915
• Title: Updating National Consensus Standards in OSHA's Standard for Fire Protection in Shipyard Employment

[Federal Register: October 17, 2006 (Volume 71, Number 200)]
[Rules and Regulations]               
[Page 60843-60847]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc06-16]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1915

[Docket No. S-051A]
RIN 1218-AC16
 
Updating National Consensus Standards in OSHA's Standard for Fire 
Protection in Shipyard Employment.

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

ACTION: Direct final rule.

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

SUMMARY: On September 15, 2004, the Occupational Safety and Health 
Administration (OSHA) promulgated a new fire protection rule for 
shipyard employment that incorporated by reference 19 National Fire 
Protection Association (NFPA) standards. Ten of those NFPA standards 
had been updated by NFPA since the fire protection rule was proposed 
and an additional NFPA standard has been updated since the final rule 
was published. In this direct final rule, OSHA is replacing the 
references to those eleven NFPA standards by adding the most recent 
versions.

DATES: This direct final rule will become effective on January 16, 2007 
unless significant adverse comment is received by November 16, 2006. If 
significant adverse comment is received, OSHA will publish a timely 
withdrawal of this rule. The incorporation by reference of certain 
publications listed in this rule is approved by the Director of the 
Federal Register as of January 16, 2007.
    Comments to this direct final rule must be submitted by the 
following dates: Hard copy: Your comments must be submitted (postmarked 
or sent) by November 16, 2006. Electronic transmission and facsimile: 
Your comments must be sent by November 16, 2006.

ADDRESSES: You may submit written comments to this direct final rule--
identified by docket number S-051A or RIN number 1218-AC16--by any of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     OSHA Web site: http://ecomments.osha.gov. Follow the 
instructions for submitting comments on OSHA's web page.
     Fax: If your written comments are 10 pages or fewer, you 
may fax them to the OSHA Docket Office at (202) 693-1648.
     Regular mail, express delivery, hand delivery, and courier 
service: Submit three copies to the OSHA Docket Office, Docket No. S-
051A, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-
2625, Washington, DC 20210; telephone (202) 693-2350. (OSHA's TTY 
number is (877) 889-5627). OSHA Docket Office hours of operation are 
8:15 a.m. to 4:45 p.m., EST.

FOR FURTHER INFORMATION: For general information and press inquiries, 
contact Kevin Ropp, Director, OSHA Office of Communications, Room N-
3647, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210; telephone: (202) 693-1999. For technical 
inquiries, contact Jim Maddux, Director, Office of Maritime, 
Directorate of Standards and Guidance, Room N-3609, OSHA, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210; telephone: (202) 693-2086 or fax (202) 693-1663. Copies of this 
Federal Register notice are available from the OSHA Office of 
Publications, Room N-3101, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210; telephone: (202) 693-1888. 
Electronic copies of this Federal Register notice, as well as news 
releases and other relevant documents, are available at OSHA's Web page 
at http://www.osha.gov.
    For access to the docket to read background documents or comments 
received, go to http://dockets.osha.gov. Contact the OSHA Docket Office 
for information about materials not available through the OSHA Web page 
and for assistance in using the Web page to locate docket submissions.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Request for Comment
II. Direct Final Rulemaking
III. Discussion of Changes
IV. Legal Considerations
V. Final Economic Analysis and Regulatory Flexibility Act 
Certification
VI. Paperwork Reduction Act
VII. Federalism
VIII. State Plan States
IX. Unfunded Mandates Reform Act
X. List of Subjects for 29 CFR Part 1915
XI. Authority and Signature

I. Request for Comment

    OSHA requests comments on all issues related to this action. OSHA 
also welcomes comments on the Agency's findings that there are not 
negative economic or other regulatory impacts of this action on the 
regulated community. If OSHA receives no significant adverse comment, 
OSHA will publish a Federal Register document confirming the effective 
date of this direct final rule and withdrawing the companion proposed 
rule published in the Proposed Rules section of today's Federal 
Register. Such confirmation may include minor stylistic or technical 
changes to the document.
    Comments received will be posted without change to http://dockets.osha.gov,
including any personal information provided. OSHA 

cautions you about submitting personal information such as social 
security numbers and birth dates.

II. Direct Final Rulemaking

    In direct final rulemaking, an agency publishes a final rule in the 
Federal Register with a statement that the rule will go into effect 
unless a significant adverse comment is received within a specified 
period of time. An identical proposed rule is often published at the 
same time. If no significant adverse comments are submitted, the rule 
goes into effect. If any significant adverse comments are received, the 
agency withdraws the direct final rule and treats the comments as 
responses to the proposed rule. Direct final rulemaking is used where 
an agency anticipates that a rule will not be controversial. Examples 
include minor substantive changes to regulations updating incorporated 
references to the latest edition of national consensus standards, and 
direct incorporations of mandates from new legislation.
    For purposes of this direct final rulemaking, a significant adverse 
comment is one that explains why the rule would be inappropriate, 
including challenges to the rule's underlying premise or approach. In 
determining whether a comment necessitates withdrawal of the direct 
final rule, OSHA will consider whether the comment raises an issue 
serious enough to warrant a substantive response in a notice-and-
comment process. A comment recommending additional changes will not be 
considered a significant adverse comment unless the comment states why 
the direct final rule would be ineffective without the addition. If a 
timely significant adverse comment is received, the Agency will publish 
a notice of significant adverse comment in the Federal Register 
withdrawing this direct final rule no later than January 16, 2007.
    OSHA is also publishing today a companion proposed rule, which is 
identical to this direct final rule. In the event the direct final rule 
is withdrawn because of significant adverse comment, OSHA intends to 
proceed with the rulemaking by addressing the comment(s) and publishing 
a new final rule. If a significant adverse comment is received 
regarding certain revisions included in this direct final rule, but not 
others, OSHA may (1) Finalize those changes that did not receive 
significant adverse comment, and (2) conduct further rulemaking under 
the companion proposed rule for the changes that did receive 
significant adverse comment. The comment period for the proposed rule 
runs concurrently with that of the direct final rule. Any comments 
received under the companion proposed rule will be treated as comments 
regarding the direct final rule. Likewise, significant adverse comments 
submitted to the direct final rule will be considered as comments to 
the companion proposed rule; the Agency will consider such comments in 
developing a subsequent final rule.
    OSHA has determined that the subject of this rulemaking is suitable 
for direct final rulemaking. This direct final rule will enhance OSHA's 
fire protection in shipyard standard by adding the most current NFPA 
consensus standards to the OSHA standard. OSHA's changes will benefit 
the safety of employees by requiring employers to comply with the newer 
standards, which may be even more protective than the older standards. 
Furthermore, OSHA's changes will not result in additional compliance 
costs. OSHA does not anticipate any objections to this direct final 
rule.

III. Discussion of Changes

    On September 15, 2004, OSHA issued a new fire protection final rule 
for shipyard employment that incorporated by reference 19 National Fire 
Protection Association (NFPA) standards (69 FR 55667). The purpose of 
this direct final rule is to add ten recently updated NFPA standards to 
the standard for fire protection in shipyard employment. The 10 NFPA 
standards are new versions of 11 NFPA standards currently in OSHA's 
standard. The reason there are only 10 is because the NFPA combined two 
of its standards, NFPA 11-1998 and NFPA 11A-1999, into the NFPA 11-2002 
standard covering foam fire extinguishing systems. This direct final 
rule replaces the 11 older NFPA standards with the 10 newer NFPA 
standards.
    Table I lists the older NFPA standards incorporated by reference in 
the fire protection in shipyard employment standard, and lists the 
sections in the standard in which these NFPA standards are referenced. 
It also lists the latest versions of the NFPA standards to be added to 
the standard for fire protection in shipyard employment through this 
direct final rule.

                                                     Table I
----------------------------------------------------------------------------------------------------------------
                                                                 NFPA standards
              Section                     Paragraph         incorporated by reference    Latest version of NFPA
                                                               in 29 CFR part 1915              standard
----------------------------------------------------------------------------------------------------------------
1915.505 Fire Response............  (e)(3)(v)............  NFPA 1981-1997 Standard on  NFPA 1981-2002 Standard
                                                            Open-Circuit Self-          on Open-Circuit Self-
                                                            Contained Breathing         Contained Breathing
                                                            Apparatus for the Fire      Apparatus for Fire and
                                                            Service.                    Emergency Services (Ex.
                                                                                        1-1).
1915.507 Land-side fire protection  (b)(1), (b)(2).......  NFPA 10-1998 Standard for   NFPA 10-2002 Standard for
 systems.                                                   Portable Fire               Portable Fire
                                                            Extinguishers.              Extinguishers (Ex. 1-2).
                                    (c)(6)...............  NFPA 72-1999 National Fire  NFPA 72-2002 National
                                                            Alarm Code.                 Fire Alarm Code (Ex. 1-
                                                                                        3).
                                    (b)(2), (d)(1).......  NFPA 14-2000 Standard for   NFPA 14-2003 Standard for
                                                            the Installation of         the Installation of
                                                            Standpipe, Private          Standpipe and Hose
                                                            Hydrant, and Hose Systems.  Systems (Ex. 1-4).
                                    (d)(2)...............  NFPA 13-1999 Standard for   NFPA 13-2002 Standard for
                                                            the Installation of         the Installation of
                                                            Sprinkler Systems.          Sprinkler Systems (Ex.1-
                                                                                        5).

[[Page 60845]]


                                                           NFPA 750-2000 Standard on   NFPA 750-2003 Standard on
                                                            Water Mist Fire             Water Mist Fire
                                                            Protection Systems.         Protection Systems (Ex.
                                                                                        1-6).
                                    (d)(3)...............  NFPA 11-1998 Standard for   NFPA 11-2005 Standard for
                                                            Low-Expansion Foam.         Low-, Medium-, and High-
                                                                                        Expansion Foam (Ex. 1-
                                                                                        7).
                                                           NFPA 11A-1999 Standard for
                                                            Medium- and High-
                                                            Expansion Foam Systems.
                                    (d)(5)...............  NFPA 12A-1997 Standard on   NFPA 12A-2004 Standard on
                                                            Halon 1301 Fire             Halon 1301 Fire
                                                            Extinguishing Systems.      Extinguishing Systems
                                                                                        (Ex. 1-8).
                                                           NFPA 2001-2000 Standard on  NFPA 2001-2004 Standard
                                                            Clean Agent Fire            on Clean Agent Fire
                                                            Extinguishing Systems.      Extinguishing Systems
                                                                                        (Ex. 1-9).
                                                           NFPA 12-2000 Standard on    NFPA 12-2005 Standard on
                                                            Carbon Dioxide              Carbon Dioxide
                                                            Extinguishing Systems.      Extinguishing Systems.
----------------------------------------------------------------------------------------------------------------

    OSHA has examined the latest versions of the NFPA standards and 
compared them with the versions currently referenced in the fire 
protection in shipyard employment standard. OSHA finds that the latest 
versions are as protective on the whole, and in certain ways more 
protective, than the earlier versions of the same NFPA standards. The 
latest versions are also more comprehensive than the earlier versions 
and reflect recent developments in safety technology, equipment, and 
testing. The changes to the NFPA standards include:
     Standard on Open-Circuit Self-Contained Breathing 
Apparatus for Fire and Emergency Services--NFPA 1981-2002 has been 
revised to add requirements for heads-up displays (HUD) that provide 
the user of a self-contained breathing apparatus (SCBA) with 
information regarding breathing air supply status, alert the user when 
the breathing air supply is at 50 percent of full, and, where the HUD 
is powered by battery power source, warn the user when the HUD only has 
2 more hours of battery power. The updated standard also includes new 
requirements for a Rapid Intervention Company/Crew (RIC) Universal Air 
Connection (UAC) (or RIC UAC) on all new SCBA. The RIC UAC is a 
standard connection device that allows a rescue breathing air supply to 
be joined to the SCBA of a victim, fire fighter or other emergency 
services responder to replenish the breathing air in the SCBA breathing 
air cylinder when the victim cannot be rapidly moved to a safe 
atmosphere. (Ex. 1-1).
     Standard for Low-, Medium-, and High-Expansion Foam--NFPA 
11-2005 has been revised to combine the older NFPA 11 low-expansion 
foam system requirements with the older NFPA 11A medium- and high-
expansion foam provisions. (Ex.1-7).
     Standard for Portable Fire Extinguishers--NFPA 10-2002 has 
been revised to prohibit ``extended wand-type'' discharge devices on 
Class K--fire extinguishers manufactured after 01/01/2002. (Class ``K'' 
extinguishers are used for ``combustible cooking media'' fire hazards 
in commercial kitchens.) The new version of NFPA 10 allows the use of 
electronic equipment to monitor the status of portable fire 
extinguishers an alternative that may be more effective and efficient 
than manual monitoring (Ex. 1-2).
     National Fire Alarm Code--NFPA 72-2002 has been updated to 
revise fire alarm power supply requirements, to improve the 
survivability of fire alarms from attack by fire, and to improve the 
``supervising stations'' used in larger fire alarm systems. (Ex. 1-3).
     Standard for the Installation of Sprinkler Systems--NFPA 
13-2002 has been updated to add the sprinkler installation requirements 
found in other NFPA standards, to include criteria for solid shelf 
storage areas, and to make the standard easier for users to reference. 
(Ex. 1-5).
    The remaining NFPA standards have been updated to make minor 
technical and editorial changes and to improve readability by 
formatting them into a standard layout.

IV. Legal Considerations

    The purpose of the Occupational Safety and Health Act of 1970, 29 
U.S.C. 651 et seq., is ``to assure so far as possible every working man 
and woman in the Nation safe and healthful working conditions and to 
preserve our human resources.'' 29 U.S.C. 651(b). To achieve this goal, 
Congress authorized the Secretary of Labor to promulgate and enforce 
occupational safety and health standards. 29 U.S.C. 655(b), 654(b). A 
safety or health standard is a standard ``which requires conditions, or 
the adoption or use of one or more practices, means, methods, 
operations, or processes, reasonably necessary or appropriate to 
provide safe or healthful employment and places of employment.'' 29 
U.S.C. 652(8). A standard is reasonably necessary or appropriate within 
the meaning of section 652(8) if, among other things, a significant 
risk of material harm exists in the workplace and the proposed standard 
would substantially reduce or eliminate that workplace risk.
    This direct final rule, which addresses the hazard of fire in 
shipyard employment, may enhance the employee protections currently in 
place through incorporated references to NFPA consensus standards. In 
its final rule on fire protection in shipyard employment, OSHA 
discussed injuries and fatalities that may result from fire hazards in 
shipyards, and the potential for reducing those injuries and deaths 
through adoption of the final standard (69 FR 55668, 55669, 55699). 
Because this direct final rule simply updates the NFPA standards 
incorporated by reference in OSHA's fire protection standard to their 
most recent versions, it is unnecessary to determine significant risk, 
or the extent to which the direct final rule would reduce that risk, as 
would typically be required by Industrial Union Department, AFL-CIO v. 
American Petroleum Institute, 448 U.S. 607 (1980).

V. Final Economic Analysis and Regulatory Flexibility Act Certification

    This action is not economically significant within the context of 
Executive Order 12866, or a ``major rule'' under the Unfunded Mandates 
Reform Act or Section 801 of the Small Business Regulatory Enforcement 
Fairness Act. The rulemaking would impose no additional costs on any 
private or public sector entity, and does not meet any of the criteria 
for an economically significant or major rule specified by the 
Executive Order or relevant statutes.
    This action simply includes updated references to NFPA standards. 
The Agency compared the older versions of the NFPA standards with the new 
versions via side-by-side analyses. Based on our findings, the Agency 
concludes that incorporating the new versions of the NFPA standards will 
not impose any additional costs on any private or public sector entity.
    Furthermore, because the rule imposes no additional costs on 
employers, OSHA certifies that it would not have a significant impact 
on a substantial number of small entities. Accordingly, the Agency need 
not prepare a final regulatory flexibility analysis under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

VI. Paperwork Reduction Act

    This action does not impose new information collection requirements 
for purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-30.

VII. Federalism

    OSHA has reviewed this direct final rule in accordance with the 
Executive Order on Federalism (Executive Order 13132, 64 FR 43255, 
August 10, 1999), which requires that agencies, to the extent possible, 
refrain from limiting State policy options, consult with States prior 
to taking any actions that would restrict State policy options, and 
take such actions only when there is clear constitutional authority and 
the presence of a problem of national scope. Executive Order 13132 
provides for preemption of State law only if there is a clear 
congressional intent for the Agency to do so. Any such preemption is to 
be limited to the extent possible.
    Section 18 of the OSH Act (29 U.S.C. 651 et seq.) expresses 
Congress' intent to preempt State laws where OSHA has promulgated 
occupational safety and health standards. Under the OSH Act, a State 
can avoid preemption on issues covered by Federal standards only if it 
submits, and obtains Federal approval of, a plan for the development of 
such standards and their enforcement (State-Plan State). 29 U.S.C. 667. 
Occupational safety and health standards developed by such State-Plan 
States must, among other things, be at least as effective in providing 
safe and healthful employment and places of employment as the Federal 
standards. Subject to these requirements, State-Plan States are free to 
develop and enforce under State law their own requirements for safety 
and health standards.
    This direct final rule complies with Executive Order 13132. As 
Congress has expressed a clear intent for OSHA standards to preempt 
State job safety and health rules in areas addressed by OSHA standards 
in States without OSHA-approved State Plans, this rule limits State 
policy options in the same manner as all OSHA standards. In States with 
OSHA-approved State Plans, this action does not significantly limit 
State policy options.

VIII. State Plan States

    The 26 States or U.S. Territories with their own OSHA approved 
occupational safety and health plans must revise their standards to 
reflect this final standard or show OSHA why there is no need for 
action, e.g., because an existing state standard covering this area is 
already ``at least as effective as'' the new Federal standard. The 
state standard must be at least as effective as this final standard, 
must be applicable to both the private and public (State and local 
government employees) sectors, and must be completed within six months 
of the publication date of this final Federal rule.
    Currently only five States (California, Minnesota, Oregon, Vermont, 
and Washington) with their own State plans cover private sector onshore 
maritime activities in whole or in part. Federal OSHA enforces maritime 
standards offshore in all States and provides onshore coverage of 
maritime activities in Federal OSHA States, in the five States above, 
to the extent not covered by them, and in all the other State Plan 
States: Alaska, Arizona, Connecticut (plan covers only State and local 
government employees), Hawaii, Indiana, Iowa, Kentucky, Maryland, 
Michigan, Nevada, New Jersey (plan covers only State and local 
government employees), New Mexico, New York (plan covers only State and 
local government employees), North Carolina, Puerto Rico, South 
Carolina, Tennessee, Utah, Virginia, Virgin Islands (plan covers only 
territorial government employees), and Wyoming.

IX. Unfunded Mandates Reform Act

    This direct final rule has been reviewed in accordance with the 
Unfunded Mandates Reform Act of 1995 (UMRA). 2 U.S.C. 1501 et seq. For 
the purposes of the UMRA, the Agency certifies that this direct final 
rule does not impose any Federal mandate that may result in increased 
expenditures by State, local, or tribal governments, or increased 
expenditures by the private sector, of more than $100 million in any 
year.

X. List of Subjects for 29 CFR Part 1915

    Fire protection, Hazardous substances, Incorporation by reference, 
Longshore and harbor workers, Occupational safety and health, Reporting 
and recordkeeping requirements, Shipyards, and Vessels.

XI. Authority and Signature

    This document was prepared under the direction of Edwin G. Foulke, 
Jr., Assistant Secretary of Labor for Occupational Safety and Health, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210. It is issued pursuant to 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 5-2002, and 29 CFR Part 1911.

    Signed at Washington, DC, this 5th day of October, 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.

Amendments To Standards

0
OSHA amends Part 1915 of Title 29 of the Code of Federal Regulations as 
set forth below:
0
1. The authority citation for Part 1915 continues to read as follows:

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


0
2. Amend Sec.  1915.5 to revise paragraphs (d)(4)(i), (vi) through (x), 
and (xiii) through (xviii) and by removing paragaraph (d)(4)(xix) to 
read as follows:


Sec.  1915.5  Incorporation by reference.

* * * * *
    (d) * * *
    (4) * * *
    (i) NFPA 1981-2002 Standard on Open-Circuit Self-Contained 
Breathing Apparatus for Fire and Emergency Services, IBR approved for 
1915.505(e)(3)(v).
* * * * *
    (vi) NFPA 10-2002 Standard for Portable Fire Extinguishers, IBR 
approved for Sec. Sec.  1915.507(b)(1) and (b)(2).
    (vii) NFPA 14-2003 Standard for the Installation of Standpipe and 
Hose Systems, IBR approved for Sec. Sec.  1915.507(b)(2) and (d)(1).
    (viii) NFPA 72-2002 National Fire Alarm Code, IBR approved for 
Sec.  1915.507(c)(6).
    (ix) NFPA 13-2002 Standard for the Installation of Sprinkler 
Systems, IBR approved for Sec.  1915.507(d)(2).
    (x) NFPA 750-2003 Standard on Water Mist Fire Protection Systems, 
IBR approved for Sec.  1915.507(d)(2).
* * * * *
    (xiii) NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion

[[Page 60847]]

Foam, IBR approved for Sec.  1915.507(d)(3).
    (xiv) NFPA 17-2002, Standard for Dry Chemical Extinguishing 
Systems, IBR approved for Sec.  1915.507(d)(4).
    (xv) NFPA 12-2005, Standard on Carbon Dioxide Extinguishing 
Systems, IBR approved for Sec.  1915.507(d)(5).
    (xvi) NFPA 12A-2004, Standard on Halon 1301 Fire Extinguishing 
Systems, IBR approved for Sec.  1915.507(d)(5).
    (xvii) NFPA 2001-2004, Standard on Clean Agent Fire Extinguishing 
Systems, IBR approved for Sec.  1915.507(d)(5).
    (xviii) NFPA 1403-2002, Standard on Live Fire Training Evolutions, 
IBR approved for Sec.  1915.508(d)(8).
0
3. Amend Sec.  1915.505 to revise paragraph (e)(3)(v) to read as 
follows:


Sec.  1915.505  Fire response.

* * * * *
    (e) * * *
    (3) * * *
    (v) Provide only SCBA that meet the requirements of NFPA 1981-2002 
Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire 
and Emergency Services (incorporated by reference, see Sec.  1915.5); 
and
* * * * *
0
4. Amend Sec.  1915.507 to revise paragraphs (b)(1), (b)(2), (c)(6), 
(d)(1), (d)(2), (d)(3), and (d)(5) to read as follows:


Sec.  1915.507  Land-side fire protection system.

* * * * *
    (b) * * *
    (1) The employer must select, install, inspect, maintain, and test 
all portable fire extinguishers according to NFPA 10-2002 Standard for 
Portable Fire Extinguishers (incorporated by reference, see Sec.  
1915.5).
    (2) The employer is permitted to use Class II or Class III hose 
systems, in accordance with NFPA 10-2002 (incorporated by reference, 
see Sec.  1915.5), as portable fire extinguishers if the employer 
selects, installs, inspects, maintains, and tests those systems 
according to the specific recommendations in NFPA 14-2003 Standard for 
the Installation of Standpipe and Hose Systems (incorporated by 
reference, see Sec.  1915.5).
    (c) * * *
    (6) Select, install, inspect, maintain, and test all automatic fire 
detection systems and emergency alarms according to NFPA 72-2002 
National Fire Alarm Code (incorporated by reference, see Sec.  1915.5)
    (d) * * *
    (1) Standpipe and hose systems according to NFPA 14-2003 Standard 
for the Installation of Standpipe and Hose Systems (incorporated by 
reference, see Sec.  1915.5);
    (2) Automatic sprinkler systems according to NFPA 25-2002 Standard 
for the Inspection, Testing, and Maintenance of Water-based Fire 
Protection Systems, (incorporated by reference, see Sec.  1915.5), and 
either (i) NFPA 13-2002 Standard for the Installation of Sprinkler 
Systems (incorporated by reference, see Sec.  1915.5), or (ii) NFPA 
750-2003 Standard on Water Mist Fire Protection Systems (incorporated 
by reference, see Sec.  1915.5);
    (3) Fixed extinguishing systems that use water or foam as the 
extinguishing agent according to NFPA 15-2001 Standard for Water Spray 
Fixed Systems for Fire Protection (incorporated by reference, see Sec.  
1915.5) and NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion 
Foam (incorporated by reference, see Sec.  1915.5);
* * * * *
    (5) Fixed extinguishing systems using gas as the extinguishing 
agent according to NFPA 12-2005 Standard on Carbon Dioxide 
Extinguishing Systems (incorporated by reference, see Sec.  1915.5); 
NFPA 12A-2004 Standard on Halon 1301 Fire Extinguishing Systems 
(incorporated by reference, see Sec.  1915.5); and NFPA 2001-2004 
Standard on Clean Agent Fire Extinguishing Systems (incorporated by 
reference, see Sec.  1915.5).

[FR Doc. E6-17124 Filed 10-16-06; 8:45 am]

BILLING CODE 4510-26-P

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