[Federal Register: March 14, 2008 (Volume 73, Number 51)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. OSHA-2007-0040]
Updating OSHA Standards Based on National Consensus Standards
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Final rule; confirmation of effective date.
SUMMARY: OSHA is confirming the effective date of its direct final rule
that revises a number of standards for general industry that refer to
national consensus standards. The direct final rule states that it
would become effective on March 13, 2008 unless OSHA receives
significant adverse comment on these revisions by January 14, 2008.
OSHA received no adverse comments by that date and, therefore, is
confirming that the rule will become effective on March 13, 2008.
DATES: The direct final rule published on December 14, 2007 (72 FR
71061) is effective March 13, 2008.
FOR FURTHER INFORMATION CONTACT: Press Inquiries: Kevin Ropp, OSHA
Office of Communications, Room N-3647, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-
1999. General and technical information: Don Pittenger, Director,
Office of Safety Systems, Directorate of Standards and Guidance,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone (202) 693-2508.
ADDRESSES: In compliance with 28 U.S.C. 2112(a), OSHA designates the
Associate Solicitor for Occupational Safety and Health as the recipient
of petitions for review of the final standard. Contact the Associate
Solicitor at the Office of the Solicitor, Room S-4004, U.S. Department
of Labor, 200 Constitution Avenue, NW., Washington, DC 20210,
telephone: (202) 693-5445.
SUPPLEMENTARY INFORMATION: The direct final rule, which applies to
general industry, removes a number of references to national consensus
standards that have requirements that duplicate, or are comparable to,
other OSHA rules; this action includes correcting a paragraph citation
in one of these OSHA rules. The direct final rule also removes a
reference to American Welding Society standard A3.0-1969 ("Terms and
On December 14, 2007, OSHA published the direct final rule in the
Federal Register with a statement that the rule would become effective
on March 13, 2008 unless the Agency received a significant adverse
comment by January 14, 2008 (72 FR 71061). OSHA published
simultaneously with the direct final rule a companion proposed rule (72
FR 71091). In both the direct final rule and the proposed rule, OSHA
requested comment on any issues related to this action.
OSHA received six comments on the direct final rule; none of these
comments was significantly adverse. Some commenters suggested that
OSHA, instead of removing the duplicative and outdated references,
update the references to the latest versions of the consensus
standards. While OSHA will consider updating its rules to incorporate
more recent versions of the consensus standards in the future, updating
the references is outside the scope of this rulemaking. In addition,
some commenters mistakenly believed that removing the duplicative
references would diminish employee protection. As explained in the
December 14, 2007 Federal Register notice, OSHA is removing references
that essentially duplicate requirements found elsewhere in OSHA's
standards. For this reason, employee protection will not be diminished
by the direct final rule. Therefore, the direct final rule will become
effective on March 13, 2008.
Authority and Signature
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, directed the preparation of this document.
OSHA is issuing this document 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 5-2007 (72 FR 31160); and 29 CFR part 1911.
Signed at Washington, DC on March 11, 2008.
Edwin G. Foulke, Jr.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-5120 Filed 3-13-08; 8:45 am]
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