Adopción de Norma Federal: Actualización de Normas de OSHA basado en Normas de Consenso Nacional; Protección para la Cabeza, Regla Final (Part 10 OSH 1926)

ADMINISTRACIÓN DE SEGURIDAD Y SALUD OCUPACIONAL DE PUERTO RICO Ave. Muñoz Rivera 505, Hato Rey PR 00919 Tel. (787) 754-2172 Ext. 3355 8417 Fecha: 13 de agosto de 2013 Secretario de Estado Por: Francisco J. Rodríguez Bernier Secretario Auxiliar de Servicios ADOPCIÓN DE NORMA FEDERAL ACTUALIZACIÓN NORMAS DE OSHA BASADO EN NORMAS DE CONSENSO NACIONAL; PROTECCIÓN PARA LA CABEZA, REGLA FINAL ("Updating OSHA Standards Base on National Consensus Standards; Head Protection, Final Rule") Part 10 OSH 1926 77 FR No. 121 (37587-37600) - June 22, 2012 Expediente del Departamento de Estado Núm. 2341 - AUTHENTICATED - GPO Federal Register/Vol. 77, No. 121/Friday, June 22, 2012/Rules and Regulations 37587 member, the amount of each COFL and $2,000/$8,000). S does not take any portion 1.1502-9T [Removed] CSLL for each loss category and each of the CODL account. The limitation El Par. 20. Section 1.1502-9T is CODL that is apportioned to the described in paragraph (c)(2)(iii) of this removed. departing member under this paragraph section does not apply because the aggregate of the COFL and CSLL accounts for the Steven T. Miller, (c)(2), the method used to determine the general category that are apportioned to S value of the member's and the group's Deputy Commissioner for Services and ($15) is less than 150% of the actual fair domestic and foreign assets in each such Enforcement. market value of S's general category foreign loss category, and the value of the Approved: June 13, 2012. assets ($2,200 X 150%). member's and the group's domestic and Example 2. (i) Assume the same facts as in Emily S. McMahon, foreign assets in each such loss category. Example 1, except that the fair market value Acting Assistant Secretary of the Treasury The common parent must also furnish a of S's general category foreign assets is $4 as (Tax Policy). copy of the statement to the departing of November 6, year 1. [FR Doc. 2012-15230 Filed 6-21-12; 8:45 am] member. (ii) Under paragraph (c)(2)(iii) of this BILLING CODE 4830-01-P (v) Anti-abuse rule. If a corporation section, S's COFL and CSLL accounts for the becomes a member and ceases to be a general category must be reduced by $9, member, and a principal purpose of the which is the excess of $15 (the aggregate DEPARTMENT OF LABOR amount of the accounts apportioned under corporation becoming and ceasing to be paragraph (c)(2)(ii) of this section) over $6 a member is to transfer the corporation's (150% of the $4 actual fair market value of Occupational Safety and Health OFL account, SLL account or ODL S's general category foreign assets). S thus Administration account to the group or to transfer the takes a $4 COFL account for the general group's COFL, CSLL or CODL account category ($10 - ($9 X $10/$15)) and a $2 29 CFR Parts 1910, 1915, 1917, 1918, to the corporation, appropriate CSLL account for the general category with and 1926 adjustments will be made to eliminate respect to the passive category ($5 - ($9 the benefit of such a transfer of $5/$15)). [Docket No. OSHA-2011-0184] accounts. Similarly, if any member Example 3. (i) Assume the same facts as in RIN 1218-AC65 acquires assets or disposes of assets Example 1, except that S also has assets that are expected to produce U.S. source income. (including a transfer of assets between Updating OSHA Standards Based on (ii) On November 6, year 1, the group members of the group and the departing National Consensus Standards; Head identifies S's assets and the group's assets Protection member) with a principal purpose of (including S's assets) expected to produce affecting the apportionment of accounts U.S. source income. Use of end-of-the-year AGENCY: Occupational Safety and Health under paragraph (c)(2)(i) of this section, values will not create substantial distortions Administration (OSHA), Department of appropriate adjustments will be made to in determining the relative values of S's and Labor. eliminate the benefit of such acquisition the group's relevant assets on November 6, year 1. The group determines that S's ACTION: Direct final rule; request for or disposition. relevant assets have a tax book value of comments. (vi) Examples. The following $3,000 and a fair market value of $2,500. examples illustrate the rules of this Also, the group's relevant assets (including SUMMARY: OSHA is issuing this direct paragraph (c): S's assets) have a tax book value of $6,000. final rule to revise the personal Example 1. (i) On November 6, year 1, S, (iii) Under paragraph (c)(2)(ii) of this protective equipment (PPE) sections of a member of the P group, a consolidated section, S takes a $5 CODL account ($10 its general industry, shipyard group with a calendar consolidated return $3,000/$6,000), in addition to the COFL and employment, longshoring, and marine year, ceases to be a member of the group. On CSLL accounts determined in Example 1. terminals standards regarding December 31, year 1, the P group has a $40 The limitation described in paragraph requirements for head protection. OSHA COFL account for the general category, a $20 (c)(2)(iii) of this section does not apply is updating the references in its CSLL account for the general category (that because the CODL account that is is, the loss category) with respect to the apportioned to S ($5) is less than 150% of the standards to recognize the 2009 edition of the American National Standard for passive category (that is, the income actual fair market value of S's U.S. assets category), and a $10 CODL account with ($2,500 X 150%). Industrial Head Protection, and is respect to the passive category (that is, the deleting the 1986 edition of that income category). No member of the group (d) Predecessor and successor. A national consensus standard because it has foreign-source income or loss in year 1. reference to a member includes, as the is out of date. OSHA also is including The group apportions its interest expense context may require, a reference to a the construction industry in this according to the tax book value method. predecessor or successor of the member. rulemaking to ensure consistency (ii) On November 6, year 1, the group identifies S's assets and the group's assets See $ 1.1502-1(f). among the Agency's standards. OSHA is (including S's assets) expected to produce (e) Effective/applicability date. This publishing a proposed rule in today's foreign-source general category income. Use section applies to consolidated return Federal Register taking this same of end-of-the-year values will not create years beginning on or after January 1, action. substantial distortions in determining the 2012, for which the return is due DATES: This direct final rule will relative values of S's and the group's relevant assets on November 6, year 1. The group (without extensions) after June 22, 2012. become effective on September 20, 2012 determines that S's relevant assets have a tax Taxpayers may choose to apply the unless OSHA receives a significant book value of $2,000 and a fair market value provisions of this section to other adverse comment by July 23, 2012. If of $2,200. Also, the group's relevant assets consolidated return years beginning OSHA receives a significant adverse (including S's assets) have a tax book value after December 31, 2006, including comment, it will publish a timely of $8,000. On November 6, year 1, S has no periods covered by 26 CFR 1.1502-9T withdrawal of the rule in the Federal assets expected to produce U.S. source (revised as of April 1, 2010). For rules Register. Submit comments to this income. (iii) Under paragraph (c)(2)(ii) of this relating to overall foreign losses and direct final rule (including comments to section, S takes a $10 COFL account for the separate limitation losses in the information-collection (paperwork) general category ($40 x $2,000/$8,000) and a consolidated return years beginning on determination described under the $5 CSLL account for the general category or before December 21, 2007, see 26 CFR section titled Procedural with respect to the passive category ($20 X 1.1502-9 (revised as of April 1, 2007). Determinations), hearing requests, and 37588 Federal Register/Vol. 77, No. 121/Friday, June 22, 2012/Rules and Regulations other information by July 23, 2012. All comments and other material, including SUPPLEMENTARY INFORMATION: submissions must bear a postmark or any personal information, in the public Copies of this Federal Register provide other evidence of the docket without revision, and these notice. Electronic copies of this Federal submission date. (The following section materials will be available online at Register rule are available at http:// titled ADDRESSES describes methods http://www.regulations.gov. Therefore, www.regulations.gov. This Federal available for making submissions.) the Agency cautions commenters about Register notice, as well as news releases The Director of the Federal Register submitting statements they do not want and other relevant information, also are approved the incorporation by reference made available to the public, or available at OSHA's Web page at of specific publications listed in this submitting comments that contain http://www.osha.gov. direct final rule as of September 20, personal information (either about 2012. themselves or others) such as Social Availability of Incorporated ADDRESSES: Submit comments, hearing Security numbers, birth dates, and Standards. With the approval of the medical data. Director of the Federal Register under 5 requests, and other information as follows: OSHA requests comments on all U.S.C. 552(a) and 1 CFR part 51, OSHA issues related to this direct final rule. It is incorporating by reference into the Electronic. Submit comments also welcomes comments on its findings section the standards published by the electronically to http:// that this direct final rule would have no International Safety Equipment www.regulations.gov, which is the Federal eRulemaking Portal. Follow the negative economic, paperwork, or other Association (ISEA) to which regulatory impacts on the regulated 1910.135(b)(1), 1915.155(b)(1), instructions online for submitting community. This direct final rule is the 1917.93(b)(1), 1918.103(b)(1), and comments. companion document to a notice of 1926.100(b) refer. To enforce any Facsimile. OSHA allows facsimile proposed rulemaking published in the edition other than the editions specified transmission of comments and hearing "Proposed Rules" section of today's by $1910.135(b)(1), 1915.155(b)(1), requests that are 10 pages or fewer in Federal Register. If OSHA receives no 1917.93(b)(1), 1918.103(b)(1), and length (including attachments). Send significant adverse comment on this 1926.100(b), OSHA must publish a these documents to the OSHA Docket direct final rule, it will publish a notice of change in the Federal Register, Office at (202) 693-1648; OSHA does Federal Register notice confirming the and the material must be available to the not require hard copies of these effective date of this direct final rule public. All approved material is documents. Instead of transmitting and withdrawing the companion available for inspection at the National facsimile copies of attachments that proposed rule. The confirmation may Archives and Records Administration supplement these documents (e.g., include minor stylistic or technical (NARA). For information on the studies, journal articles), commenters corrections to the document. For the availability of this material at NARA, must submit these attachments to the purpose of judicial review, OSHA telephone (202) 741-6030, or go to: OSHA Docket Office, Technical Data considers the date that it confirms the http://www.archives.gov/ Center, Room N-2625, OSHA, U.S. effective date of the direct final rule to federal register/ Department of Labor, 200 Constitution be the date of issuance. However, if the code of federal regulations/ Ave. NW., Washington, DC 20210. Agency receives significant adverse ibr locations.html. Also, the material is These attachments must clearly identify comment on the direct final rule or available for inspection at any OSHA the sender's name, date, subject, and proposal, OSHA will publish a timely Regional Office or the OSHA Docket docket number (i.e., OSHA-2011-0184) withdrawal of this direct final rule and Office (U.S. Department of Labor, 200 SO that the Agency can attach them to proceed with the proposed rule, which Constitution Ave. NW., Room N-2625, the appropriate document. addresses the same revisions to its head Washington, DC 20210; telephone: (202) Regular mail, express delivery, protection standards. 693-2350 (TTY number: (877) 889- hand (courier) delivery, and messenger Docket. The electronic docket for 5627)). service. Submit comments and any this direct final rule established at additional material (e.g., studies, journal http://www.regulations.gov lists most of Table of Contents articles) to the OSHA Docket Office, the documents in the docket. However, I. Background Docket No. OSHA-2011-0184 or RIN some information (e.g., copyrighted II. Direct Final Rulemaking No. 1218-AC65, Technical Data Center, material) is not publicly available to III. Summary and Explanation of Revisions to Room N-2625, OSHA, U.S. Department read or download through this Web site. the Head Protection Standards of Labor, 200 Constitution Ave. NW., All submissions, including copyrighted A. Updating the General Industry and Washington, DC 20210; telephone: (202) material, are accessible at the OSHA Maritime Industry Standards 693-2350. (OSHA's TTY number is Docket Office. Contact the OSHA Docket B. Updating the Construction Industry (877) 889-5627.) Note that security- Office for assistance in locating docket Standard related procedures may result in submissions. IV. Procedural Determinations significant delays in receiving FOR FURTHER INFORMATION CONTACT: A. Legal Considerations comments and other written materials General information and press B. Final Economic Analysis and Regulatory by regular mail. Please contact the inquiries: Contact Frank Meilinger, Flexibility Act Certification OSHA Docket Office for information OSHA Office of Communications, Room C. OMB Review Under the Paperwork about security procedures concerning N-3647, U.S. Department of Labor, 200 Reduction Act of 1995 delivery of materials by express Constitution Ave. NW., Washington, DC D. Federalism delivery, hand delivery, and messenger 20210; telephone: (202) 693-1999. E. State-Plan States service. The hours of operation for the Technical inquiries: Contact Kenneth F. Unfunded Mandates Reform Act of 1995 OSHA Docket Office are 8:15 a.m. to Stevanus, Directorate of Standards and G. Consultation and Coordination With 4:45 p.m., e.t. Guidance, Room N-3609, OSHA, U.S. Indian Tribal Governments Instructions. All submissions must Department of Labor, 200 Constitution H. Consultation With the Advisory include the Agency name and the OSHA Ave. NW., Washington, DC 20210; Committee on Construction Safety and docket number (i.e., OSHA Docket No. telephone: (202) 693-2260; fax: (202) Health OSHA-2011-0184). OSHA will place 693-1663. V. Authority and Signature Federal Register/Vol. 77, No. 121/Friday, June 22, 2012/Rules and Regulations 37589 I. Background limited resources (Tr. at 18-19; see, outdated standard development also, 74 FR 46352). organization standard; and impose no Subpart I of OSHA's general industry On September 9, 2009, OSHA significant new compliance costs on standards contains design requirements published the final rule (74 FR 46350), employers (69 FR 68283, 68285). OSHA for head protection (see 29 CFR which became effective October 9, 2009. used direct final rules previously to 1910.135). OSHA has similar However, OSHA did not include in the update or, when appropriate, revoke requirements in subpart I of part 1915 final rule a reference to the 2009 edition references to outdated national (Shipyard Employment), subpart E of of the American National Standards consensus standards in OSHA rules part 1917 (Marine Terminals), subpart Institute (ANSI) standard for industrial (see, e.g., 69 FR 68283, 70 FR 76979, of part 1918 (Longshoring), and subpart head protection (ANSI Z89.1) because 71 FR 80843, and 76 FR 75782). E of part 1926 (Construction). The this edition was not available to OSHA For purposes of the direct final rule, general industry and maritime rules prior to the date (February 8, 2008) the a significant adverse comment is one require that the specified head administrative law judge who presided that explains why the rule would be protection comply with national over the hearing closed the rulemaking inappropriate, including challenges to consensus standards incorporated by record. the rule's underlying premise or reference into the OSHA standards This direct final rule will update the approach. In determining whether a unless the employer demonstrates that references in 29 CFR 1910.135(b)(1), comment necessitates withdrawal of the non-specified head-protection 1915.155(b)(1), 1917.93(b)(1), and direct final rule, OSHA will consider equipment is at least as effective in 1918.103(b)(1) to recognize the 2009 whether the comment raises an issue protecting workers as equipment that edition of ANSI Z89.1, which is the serious enough to warrant a substantive complies with the incorporated national most recent version of that standard. response in a notice-and-comment consensus standard. (See 29 CFR These revisions will allow use of process. OSHA will not consider a 1910.135(b)(2); 1915.155(b)(2); helmets that comply with the three most comment recommending additional 1917.93(b)(2); 1918.103(b)(2).) These recent editions of the consensus revisions to a rule to be a significant design provisions are part of standard. adverse comment unless the comment comprehensive requirements to ensure In addition, this direct final rule will states why the direct final rule would be that employees use personal protective remove the current references to ANSI ineffective without the revisions. If equipment that will protect them from Z89.1-1969 and ANSI Z89.2-1971 in 29 OSHA receives a timely significant hazards in the workplace. CFR 1926.100(b) and (c), and replace adverse comment, the Agency will As discussed in a previous Federal these outdated head protection references with the same three editions publish a Federal Register notice Register notice (69 FR 68283), OSHA is withdrawing the direct final rule no undertaking a series of projects to of ANSI Z89.1 referenced in the general update its standards to incorporate the industry and maritime industry later than 60 days after the publication date of the notice. standards. This action addresses the latest versions of national consensus This direct-final rulemaking furthers and industry standards. These projects comments received during the initial the objectives of Executive Order 13563, include updating or removing national rulemaking cited above, and will ensure which requires that the regulatory consensus and industry standards consistency in the Agency's standards. process "promote predictability and referenced in existing OSHA standards, By making the requirements of OSHA's reduce uncertainty" and "identify and updating regulatory text of standards head protection standards consistent use the best, most innovative, and least adopted directly by OSHA from the with the Agency's other standards and burdensome tools for achieving language of outdated consensus with current industry practices, the regulatory ends." As described below in direct final rule will eliminate standards, and, when appropriate, this Federal Register notice, the replacing specific references to outdated confusion and clarify employer revisions will make the requirements of national consensus and industry obligations, while providing up-to-date OSHA's Head Protection standards standards with performance-oriented protection for workers exposed to falling consistent with current industry requirements. objects. practices, thereby eliminating confusion On May 17, 2007, OSHA published a II. Direct Final Rulemaking and clarifying employer obligations. Notice of Proposed Rulemaking (NPRM) OSHA believes that these revisions do In a direct-final rulemaking, an (72 FR 27771) entitled "Updating OSHA agency publishes a direct final rule in not compromise the safety of Standards Based on National Consensus the Federal Register along with a employees, but will enhance employee Standards; Personal Protective statement that the rule will become protection. Therefore, the Agency Equipment." The NPRM did not effective unless the agency receives believes that updating and replacing the propose to revise construction industry national consensus standards in its head significant adverse comment within a standards covering personal protective specified period. The agency also protection standards is consistent with, equipment. The Agency received publishes concurrently with the direct and promotes the objectives of, approximately 25 comments on the Executive Order 13563. final rule an identical proposed rule. If NPRM. On December 4, 2007, OSHA the agency receives no significant III. Summary and Explanation of held an informal public hearing and adverse comment, the direct final rule Revisions to the Head Protection received testimony from nine witnesses. becomes effective. If, however, the Standards Several of the commenters (Exs. OSHAagency receives significant adverse 2007-0044-0021 and -0034) and comment, the agency withdraws the A. Updating the General Industry and witnesses (Tr. at 18-19 and 51-52) direct final rule and treats the comments Maritime Industry Standards questioned the Agency's decision not to as submissions on the proposed rule. OSHA published the previous include the construction industry in this OSHA uses direct final rules because revision of the general industry and rulemaking. OSHA responded at the it expects the rulemaking to be maritime head protection standards on hearing that it decided not to include noncontroversial; provide protection to September 9, 2009 (74 FR 46350), which the construction industry because of the employees that is at least equivalent to became effective October 9, 2009. These size of the undertaking and OSHA's the protection afforded to them by the revised standards permit compliance 37590 Federal Register/Vol. 77, No. /Friday, June 22, 2012/Rules and Regulations with ANSI Z89.1-2003, ANSI Z89.1- provisions in the 2009 edition testing option. Section 7.3.2 of the 1997, or ANSI Z89.1-1986. Since OSHA permitting optional testing for helmets consensus standard adds the highpublished the previous revision, ANSI worn in the backwards position visibility testing option, and Table 1 of Z89.1-2009 has become available. This ("reverse wearing"), optional testing for the consensus standard provides rulemaking will update the references in helmets at colder temperatures than information about color measurements; 29 CFR 1910.135(b)(1), 1915.155(b)(1), provided in previous editions, and various other sections of the consensus 1917.93(b)(1), and 1918.103(b)(1) to optional testing for the high-visibility standard include instructions regarding, recognize the 2009 edition of ANSI coloring of helmets. If manufacturers or references to, optional high-visibility Z89.1. choose to evaluate their helmets using testing. Section 8.4.1.2.1 of the To determine the differences between any of these three testing options, and consensus standard describes the the 2009 and 2003 editions of ANSI the helmets pass the specified tests, preconditioning necessary to conduct Z89.1, the Agency prepared a side-bythen the manufacturer may mark the helmet testing at lower temperatures side comparison of the two editions; helmets accordingly. Section 7.3.1 of than specified in previous editions of Table 1 provides the results of this ANSI Z89.1-2009 adds the reversethe consensus standard, and various comparison. As this table shows, the wearing testing option; various other other sections of the consensus standard differences between these two editions sections include instructions regarding, contain additional information about of the consensus standard are the or references to, the reverse-wearing such testing. TABLE 1-DIFFERENCES BETWEEN ANSI Z89.1-2003 AND ANSI Z89.1-2009 1 Section No. in ANSI Description of differences Z-89.1-2009 3 Adds definitions of "manufacturer" and "test plaque." Removes definitions of "cap" and "hat." 4 Adds a requirement that manufacturers mark helmets that meet the reverse-wearing requirements with a reverse-wearing mark. 4.3 Adds a new, optional section, "Reverse Wearing," that explains that reverse- wearing helmets must pass all testing requirements whether worn facing frontwards or backwards. 6.1 Adds a requirement that manufacturer's instructions for helmets include instructions for reverse wearing if applicable. 6.2 Adds instructions for marking helmets tested for reverse-donning, lower-temperature, and high-visibility capabilities. 7.3.1 Adds new, optional section, "Reverse Wearing," that permits marking helmets with the reverse-wearing symbol if those helmets pass specified tests when mounted in the reverse-wearing position. 7.3.2 Adds new, optional section, "High-Visibility," that permits marking helmets "HV" if those helmets have chromaticity and a total luminance factor at specified levels. Table 1 Adds new table, "Color, High-Visibility Helmets," specifying the levels of referenced by 7.3.2. 8.1.2 In this section, which addresses what headform size to use in testing, adds a provision that requires the testing facility to decide the most suitable size if the manufacturer does not do SO. 8.1.3 Adds a requirement that the testing facility establish a separate dynamic test line (DTL) for samples tested in the reversewearing position. 8.2.1 Adds a requirement that the testing facility use a minimum of 36 test samples in compliance testing for helmets marked for reverse wearing. 8.3.1 Adds instructions for positioning reverse-wearing samples for DTL marking. 8.4.1.2.1 Adds new section, "Lower Temperatures," that describes an optional procedure for preconditioning helmet samples at cold temperatures prior to testing. 9.2.2 Removes "vertical guard rail" from the list of components that comprise the test apparatus used in force-transmission testing. 9.2.3 For mounting samples for force-transmission testing, adds an instruction that the sample shall be "oriented in the normal wearing position." Also adds instructions for mounting samples in the reverse-wearing position in preparation for forcetransmission testing. 9.3.2 Removes "vertical guard rail" from the list of components that comprise the test apparatus used in apex-penetration testing. 9.4.2 Removes "vertical guard rail" from the list of components that comprise the test apparatus used in impact-energy attenuation testing. 9.4.2.1 For mounting samples for impact-energy attenuation testing, adds an instruction that "[t]he test sample shall be mounted in its normal wearing position on the headform with the STL parallel to the basic plane of the headform." Adds instructions for mounting samples in the reverse-wearing position in preparation for impact-energy attenuation testing. 9.5.3 For mounting samples before off-center penetration testing, adds an instruction that the sample shall be "oriented in the normal wearing position." Adds instructions for mounting samples in the reverse-wearing position in preparation for off-center penetration testing. 9.8 Adds a new section, "High-Visibility Testing," that explains how to prepare a test sample for high-visibility testing, and how to measure the color of that sample. 10 Moves the section "Normative References," which appeared in ANSI Z89.1-2003 as Appendix E, to the main text. Adds "ASTM E1164-02 Colorimetry-Standard Practice for Obtaining Spectrophotometric Data for Object-Color Evaluation" to the list of referenced standards. Table 3-Sched- Revises Table 2 of ANSI Z89.1-2003 by: Replacing various entries labeled "Cold" with "Cold or Lower Temperature"; for ule of Tests. samples tested in the reverse-wearing position, adding entries force-transmission, impact-energy attenuation, and off-center penetration testing; and adding to the second, narrative page Information about testing in the reverse-wearing position for Type I and Type II helmets. Appendices Adds the title "Appendices" and a notation that "[t]he following appendices [are] not part of American National Standard ANSI/ISEA Z89.1-2009, but are included for information only." Appendix A Adds a statement to paragraph A7 that "[h]elmet decorations should not be used to obscure dents, cracks, non-manufactured holes, other penetrations, burns or other damages." 1 This table provides only a summary of the differences between these two standards, and may not describe completely all of the differences between the standards or the content of any provision of the standards. Consult the published versions of the standards for an accurate determination of the differences between the standards. Federal Register/Vol. 77, No. 121/Friday, June 22, 2012/Rules and Regulations 37591 As shown in the comparison provided construction standards requiring 1997, 2003, and 2009 editions of ANSI in Table 1, ANSI Z89.1-2009 also personal protective equipment. Z89.1; therefore, these editions of ANSI includes other differences from ANSI Therefore, the construction standards at Z89.1 address all types of helmets, Z89.1-2003. These differences include: 29 CFR 1926.100(b) and (c) still require including helmets that protect (1) Removing the definitions of "cap" compliance with ANSI Z89.1-1969 and employees from falling object and and "hat" from the 2003 edition and ANSI Z89.2-1971, respectively. These electrical hazards. inserting definitions of "manufacturer" consensus standards, which set forth As Table 2 demonstrates, the 2009 and "test plaque" in the 2009 edition; requirements regarding different types edition of the ANSI Z89.1 differs from (2) permitting the testing facility to of helmets now both addressed in Z89.1, ANSI Z89.1-1969 and ANSI Z89.2- determine an appropriate size of the are out of date.¹ 1971. The 2009 edition defines Type I headform if the manufacturer did not In view of the limited useful life of and Type II helmets by the areas of the specify the size; (3) requiring orientation protective helmets and the length of head to which the helmets afford of test samples in the normal wearing time (over 40 years) since OSHA last protection, rather than by whether the position when conducting various test updated these standards, the Agency helmets have a brim. The 2009 edition procedures; and (4) removing vertical believes that no protective helmets also renames the classes of helmets guard rails from the lists of necessary currently are available or in use that tested for protection against electrical components for specified test manufacturers tested in accordance with hazards (i.e., classes G, E, and C instead equipment. the requirements of ANSI Z89.1-1969 of A, B, and C), although it still bases OSHA believes that it is consistent and ANSI Z89.2-1971. To bring the helmet classification on the capacity of with the usual and customary practice construction standard up to date and to the helmet to protect employees from of employers in the general and ensure consistency across OSHA electrical hazards. In addition, the 2009 maritime industries to require use of standards, OSHA is amending 29 CFR edition eliminates a fourth class of head protection that complies with the 1926.6 and 1926.100 to permit helmets used in fire fighting. Many 1997, 2003, or 2009 editions of ANSI compliance with ANSI Z89.1-1997, requirements included in the 1969 and Z89.1. Therefore, the Agency ANSI Z89.1-2003, or ANSI Z89.1-2009. 1971 editions, such as requirements determined that incorporating ANSI In reviewing ANSI Z89.1-2009, the specifying the type of material Z89.1-2009 into 29 CFR 1910.135(b)(1), Agency prepared side-by-side manufacturers must use when making 1915.155(b)(1), 1917.93(b)(1), and comparisons of the 2009 edition of different components and specifications 1918.103(b)(1) will not add a ANSI Z89.1 with the 1969 edition of regarding helmet accessories, no longer compliance burden for employers. ANSI Z89.1 and the 1971 edition of appear in the 2009 edition. Most OSHA invites the public to comment on ANSI Z89.2; Table 2 provides the results importantly, ANSI revised the whether the revisions in the 2009 of these comparisons. Z89.1-1969 performance requirements and test edition of the consensus standard addresses protective helmets of all methods. Accordingly, the 2009 edition represent current industry practice. types, except those helmets that protect includes fundamental updates such as employees from high-voltage electric more and different types of test B. Updating the Construction Industry shock and burns. ANSI Z89.2-1971 methods, and the use of different Standard addresses protective helmets that equipment for performing these test The 2009 revision to the general protect employees from high-voltage methods. Other variations between the industry and maritime industry electric shock and burns. ANSI 2009 and 1969 and 1971 editions personal protective equipment subsequently combined the testing emanate from these fundamental standards did not address the requirements of these standards in the updates. TABLE 2-DIFFERENCES BETWEEN ANSI Z89.1-2009 AND ANSI Z89.1-1969 AND ANSI Z89.2-1971 ANSI Z-89.1-2009 ANSI Z89.1-1969 ANSI Z89.2-1971 1.1 Scope-Explains that the standard de- 1 Scope-Explains that the standard estab- 1.1 Scope-Explains that the standard esscribes Types and Classes, as well as testing lishes specifications for helmets that protect tablishes specifications for helmets to proand performance requirements for protective the heads of occupational workers from imtect the heads of electrical workers from imhelmets. pact and penetration from falling and flying pact and penetration from falling or flying objects, and from limited electric shock and objects, and from high-voltage electric burn, but does not include high-voltage proshock and burn. tective helmets. 1.2 Purpose-Explains that the standard es- No purpose section. 1.2 Purpose-Explains that the standard tablishes minimum performance requirements contains general, detailed, and physical refor protective helmets that reduce the forces quirements for the procurement of helmets of impact and penetration, and that may prothat afford optimum protection for electrical vide protection from electric shock. workers, and includes supplemental safety requirements recommended for authorities considering establishing regulations or codes concerning the use of protective helmets for electrical workers. 1.3 Limitations-Explains the limitations of No limitations section. No limitations section. protective helmets that meet the requirements of the standard in preventing injuries. 1 As noted earlier in Section I ("Background") in the construction industry in the previous standards because of the size of the undertaking and this Federal Register notice, OSHA did not include rulemaking that updated the head-protection OSHA's limited resources. 37592 Federal Register / Vol. 77, No. 121/Friday, June 22, 2012/Rules and Regulations TABLE 2-DIFFERENCES BETWEEN ANSI Z89.1-2009 AND ANSI Z89.1-1969 AND ANSI Z89.2-1971 1-Continued ANSI Z-89.1-2009 ANSI Z89.1-1969 ANSI Z89.2-1971 2 Compliance-Provides that "[a]ny state- No compliance section. No compliance section. ment(s) of compliance with this standard shall mean that the product meets all applicable requirements for the Type and Class. It is specifically intended that partial utilization of this standard is prohibited." 3 Definitions-Does not define "sweatband" 2 Definitions-Provides definitions for 2 Definitions-Same definitions as ANSI or "winter liner." Modifies slightly the defini- "brim," "chin strap," "crown straps," "head- Z89.1-1969. tions of "brim," "crown strap," and "headband," "helmet," "nape strap," "peak," band." Modifies the definitions of "chin "shell," "suspension," "sweatband," and straps," "helmet," "nape strap," "peak," "winter liner." "shell," and "suspension." Adds definitions of "accessory," "apex," "basic plane," "dynamic test line (DTL)," "flammability," "harness," "manufacturer," "midsagittal plane," "positioning index," "projection," "protective padding," "reference plane," "reference headform," "shall," "should," "static test line (STL)," "test line," and "test plaque." Removes definitions of "sweatband" and "winter liner." 4 Types and Classes-Classifies helmets as 3 Types and Classes-Lists the following 3 Types and Classes-Lists the following either as Type I or Type II, and either as types and classes: Type 1-Helmet, full types and class: Type 1-Helmet, full brim, meeting the Class G, E, or C electrical rebrim, Type 2-Helmet, brimless, with peak, Type 2-Helmet, brimless with peak, and quirements. Also notes that manufacturers Class A-Limited voltage protection, Class Class B-High-voltage protection. No provimust mark helmets meeting the reverse- C-No voltage protection, and Class D- sions comparable to 4.1 and 4.2 of ANSI wearing requirements accordingly. Limited voltage protection, Fire Fighters' Z89.1-2009. 4.1 Defines Type 1-helmets as helmets "in- Service, Type 1, only. No provisions comtended to reduce the force of impact resulting parable to 4.1 and 4.2 of ANSI Z89.1-2009. from a blow only to the top of the head," and Type 2 helmets as helmets "intended to reduce the force of impact resulting from a blow to the top or sides of the head." 4.2 Defines Class G (General) helmets as helmets "intended to reduce the danger of contact with low voltage conductors," Class E (Electrical) helmets as helmets "intended to reduce the danger of contact with higher voltage conductors," and Class C (Conductive) helmets as helmets "not intended to provide protection against contact with electrical hazards." 4.3 Reverse Wearing-Helmets manufactured No reverse wearing option. No reverse wearing option. for reverse wearing must pass all optional testing requirements whether worn facing forward or backwards in accordance with the manufacturers' instructions. No materials section. 4 Materials-Provides general specifications No materials section. regarding materials used in helmets, such materials that are water resistant, slow burning, non-irritating to normal skin, and, for Class D helmets, fire resistant. No recommended supplemental requirements No recommended supplemental requirements 4 Recommended Supplemental Requiresection. section. ments-Describes requirements recommended for authorities considering establishing regulations or codes concerning the use of protective helmets for electrical workers, including when helmets are necessary, what minimum requirements they should meet, etc. No general requirements section. 5 General Requirements-Sets forth require- 5 General Requirements-Sets forth requirements regarding pieces of protective helments regarding pieces of protective helmets, including its shell (5.1), headband mets, including its shell (5.2), headband (5.2), sweatband (5.2.1), and crown straps (5.3), sweatband (5.3.1), and crown straps (5.3). (5.4). 5 Accessories-Provides that "[a]ccessories 5.4 Accessories-Sets forth requirements 5.5 Accessories-Sets forth requirements installed by the manufacturer shall not cause regarding specific helmet accessories: chin regarding specific helmet accessories: chin the helmet to fail the requirements of this strap and nape strap (5.4.1.), winter liners strap and nape strap (5.5.1), winter liners standard." (5.4.2), face shields and welding helmets (5.5.2), and face shields (5.5.3). (5.4.3), and lamp brackets (5.4.4). Federal Register/Vol. 77, No. 121/Friday, June 22, 2012/Rules and Regulations 37593 TABLE 2-DIFFERENCES BETWEEN ANSI Z89.1-2009 AND ANSI Z89.1-1969 AND ANSI Z89.2-1971 -Continued ANSI Z-89.1-2009 ANSI Z89.1-1969 ANSI Z89.2-1971 6.1 Instructions-Requires instructions "ex- 5.5 Instructions-Provides that "[e]ach hel- 5.6 Instructions-Provides only that "[e]ach plaining the proper method of size adjustmet shall be accompanied by instructions helmet shall be accompanied by instrucment, use, care, useful service life guidelines explaining the proper method of adjusting tions explaining the proper method of adand, if applicable, reverse wearing." the suspension and headband." justing the suspension and headband." 6.2 Marking-Requires that manufacturers 5.6 Marking-Requires that manufacturers 5.7 Marking-Requires only that helmets be permanently mark helmets with the name of mark helmets with the name of the manumarked with the name of the manufacturer, the manufacturer, the date of manufacture, facturer, "ANSI Z89.1-1969," and the "ANSI Z89.2-1971," and "Class B." Speci- "ANSI/ISEA Z89.1," the Type and Class des- Class. Specifies the minimum size of the fies the minimum size of the markings. ignations and any applicable optional marking markings. criteria, and the approximate headsize range. Specifies the minimum size of the markings. No separate, detailed requirements section. 6 Detailed Requirements-Provides addi- 6 Detailed Requirements-Provides additional, specific requirements regarding the tional, specific requirements regarding the helmet's shell (6.1), headband (6.2), sweathelmet's shell (6.1), headband (6.2), sweatband (6.2.1), and crown straps (6.3). band (6.2.1), and crown straps (6.3). 7 Performance Requirements-Sets forth test 7 Physical Requirements-Sets forth test re- 7 Physical Requirements-Sets forth test reresults required when testing facilities test sults required when testing facilities test sults required when testing facilities test Type I and Type Il helmets for flammability Class A, Class C, and Class D helmets, as Class B helmets for insulation resistance (7.1.1), force transmission (7.1.2), apex penapplicable, for insulation resistance (not ap- (7.1), impact resistance (7.2), penetration etration (7.1.3), and electrical insulation propplicable to Class C helmets) (7.1), impact resistance (7.3), weight (7.4), flammability erties for Class G (7.1.4.1) and Class E resistance (7.2), penetration resistance (7.5), and water absorption (7.6). (7.1.4.2) ratings. Additional testing for Type Il (7.3), weight (7.4), flammability (7.5), and helmets for impact-energy attenuation (7.2.1), water absorption (7.6). off-center penetration (7.2.2), and chin-strap retention (7.2.3). Requirements for optional testing of reverse-wearing helmets (7.3.1) and high-visibility helmets (7.3.2). 8 Selection and Preparation of Test Samples 8 Methods of Test Methods of Test 8.1 Headforms-Provides instructions regard- 8.1 Preparation of Samples-Requires that, 8.1 Preparation of Samples-Requires that, ing the materials and size of headforms the for insulation resistance and water absorpfor insulation resistance and water absorptesting facility is to use in each type of test; tion tests, the testing facility remove any tion tests, the testing facility remove any explains that reference test lines are neccoating over the sample helmets. Provides coating over the sample helmets. Provides essary; and notes that various attached figtemperatures and, in cases of disagreetemperatures and, in cases of disagreeures show the manner in which testing faciliment, humidity levels at which testing must ment, humidity levels at which testing must ties are to mount headforms in preparation occur. occur. for each type of test. 8.2 Test Samples-Explains how many samples are necessary for testing, refers to Table 3 for the order of testing, and provides temperatures and, in cases of disagreements, humidity levels at which testing must occur. 8.3 Test Sample Markings-Requires the testing facility to mark test samples to indicate the location of reference test lines, and describes procedures for marking the dynamic test line (DTL) and static test line (STL). 8.4 Helmet Preconditioning-Describes procedures for preconditioning test samples in hot, cold, optional lower temperatures, and wet conditions; this section also provides time limits after preconditioning for the test facility to conduct impact, penetration, and chinstrap retention tests. 37594 Federal Register/V 77, No. Friday, June 22, 2012/Rules and Regulations TABLE 2-DIFFERENCES BETWEEN ANSI Z89.1-2009 AND ANSI Z89.1-1969 AND ANSI Z89.2-1971 1-Continued ANSI Z-89.1-2009 ANSI Z89.1-1969 ANSI Z89.2-1971 9 Test Methods 8 Methods of Test-See Section 8.5 8 Methods of Test-See Section 8.5 9.1 Flammability-For flammability testing, de- ("Flammability") below. ("Flammability Test") below. scribes the method for preparing (marking) 8.2 Insulation Resistance Test-Describes 8.2 Insulation Resistance Test-Describes test samples, components of the test appacomponents of the test apparatus, mounting components of the test apparatus, mounting ratus, calibration, test procedures, and respecimens, test procedures, and reporting of specimens, test procedures, and reportcording results. results. ing results. 9.2 Force Transmission-For force-trans- 8.3 Impact Resistance Tests-Describes 8.3 Impact Resistance Tests-Describes mission testing, describes the test method for components of the test apparatus, mounting components of the test apparatus, mounting preparing (conditioning) test samples, compospecimens, test procedures, and reporting specimens, test procedures for the impactnents of the test apparatus, mounting samresults. absorption test and mechanical-proof test, ples, calibration, test procedures, and record- 8.4 Penetration Resistance-Describes the and reporting results. ing results. components of the test apparatus, mounting 8.4 Penetration Resistance Test-Describes 9.3 Apex Penetration-Describes the test specimens, test procedures, and reporting the components of the test apparatus, method for preparing (conditioning) test samresults. mounting specimens, test procedures, and ples, components of the test apparatus, 8.5 Flammability-Describes the test method reporting results. mounting samples, calibration, test proceto determine conformance with 7.5 (using 8.5 Flammability Test-Describes the test dures, and recording results. ASTM D635-68), preparing specimens, method to determine conformance with 7.5 9.4 Impact Energy Attenuation-Describes mounting specimens, test procedure, and (using ANSI K.65.21-1969/ASTM D 635- methods for preparing (marking and condireporting results. 1969, and provides instructions for reporting tioning) test samples, components of the test 8.6 Water Absorption-Describes the comresults. apparatus, methods for mounting samples, ponents of the test apparatus, mounting 8.6 Water Absorption Test-Describes the the impact anvil, the test headform, the acspecimens, test procedures, and reporting components of the test apparatus, mounting celerometer, calibration, test procedures, and results. specimens, test procedures, and reporting recording results. results. 9.5 Off Center Penetration-Describes methods for preparing (marking and conditioning) test samples, components of the test apparatus, methods for mounting samples, calibration, test procedures, and recording results. 9.6 Chin Strap Retention (Type II only)-Describes methods for preparing (conditioning) test samples, components of the test apparatus, calibration, test procedures, and recording results. 9.7 Electrical Insulation-Describes methods See Section 8.2 ("Insulation Resistance See Section 8.2 ("Insulation Resistance for preparing test samples (for Class E only, Test") above. Test") above. force-transmission test, one conditioned hot and one conditioned cold), components of the test apparatus, calibration, test procedures (separately for Class G and Class E helmets), and recording results. 9.8 High-Visibility Testing-Describes procedures for sampling and conditioning test plaques, and determining color. 10 Normative References-Provides complete No section on reference standards. 9 Revision of American National Standards citations for standards on colorimetry, Referred to in This Document-Notes that headforms, and instrumentation referenced in recently published ANSI standards super- ANSI Z89.1-2009. sede the ANSI standards on flammability testing, and eye and face protection, referenced in ANSI Z89.2-1971. Table 1-Color, High-Visibility Helmets-Pro- No comparable table. No comparable table. vides information about chromaticity and minimum total luminance factors. Table 2-Sizing Chart-Provides sizing guid- No comparable table. Table 1-Comparative Hat and Cap Sizes— ance for 17 head-band sizes ranging from Provides sizing guidance for 13 head-band 6½ to 8½ inches. sizes ranging from 6½ to 8 inches. No comparable tables. Table 1-Transmitted Forces in Pounds-Pro- Table 2 Transmitted Forces in Pounds-Provides force values based on Brinell hardvides force values based on Brinell hardness numbers and the diameter of the imness numbers and the diameter of the impression. pression. Table 3-Schedule of Tests-Lists for each No comparable table. No comparable table. combination of test method and type of preconditioning, the minimum number of samples, test sample numbers, and test sequence for each helmet type and class. Also provides additional instructions regarding testing each type and class of helmet. Figure 1-Diagram of the ISO headform, with No comparable figure. No comparable figure. dimensions for sizes E, J, and M of the headform. Federal Register/Vol. 77, No. 121/Friday, June 22, 2012/Rules and Regulations 37595 TABLE 2-DIFFERENCES BETWEEN ANSI Z89.1-2009 AND ANSI Z89.1-1969 AND ANSI Z89.2-1971 1-Continued ANSI Z-89.1-2009 ANSI Z89.1-1969 ANSI Z89.2-1971 No comparable figure. Figure 1-Schematic of a Brinell Hardness Figure 1-Schematic of a Brinell Hardness Penetrator Assembly. Penetrator Assembly. Figure 2-Diagram of the proper location of the No comparable figure.² No comparable figure.² Dynamic Test Line. No comparable photograph. Figure 2-Photograph of a suggested appa- Figure 2-Photograph of a suggested apparatus for the measurement of crown clearratus for the measurement of crown clearance. ance. Figure 3-Diagram of the headform used for No comparable figure. No comparable figure. force-transmission testing. Figure 4-Diagram of a typical impact-energy No comparable figure. No comparable figure. attenuation headform fixture. Figure 5-Diagram of a typical penetration No comparable figure. No comparable figure. headform fixture. Figure 6-Diagram of a chin-strap-retention test No comparable figure. No comparable figure. apparatus. Figure 7-Diagram of a typical force-trans- No comparable figure. No comparable figure. mission test apparatus. Figure 8-Diagram of a typical penetration test No comparable figure. No comparable figure. apparatus. Figure 9-Diagram of a typical penetrator. No comparable figure. No comparable figure. Figure 10-Diagram of a typical impact-energy No comparable figure. No comparable figure. attenuation test apparatus. Figure 11-Diagram of the proper location of No comparable figure.³ No comparable figure.³ the Static Test Line. Figure 12-Diagram of a flammability test ap- No comparable figure. No comparable figure. paratus. Appendix A-Recommendations, Cautions, Appendix A1-Recommendations Concerning Appendix-Recommendations and Pre- Use, and Care-Provides guidance regarding Equipment-Provides guidance regarding cautions Concerning Helmet Use and Maininstructions and warnings on helmets, fitting, tying laces, painting and cleaning shells, tenance-Provides guidance regarding cleaning, painting, and inspecting helmets, periodic inspection of shells and helmet tying laces, cleaning shells, periodic inspeclimitations of helmet protection (i.e., condicomponents for damage and wear (includtion of shells and helmet components for tions that may reduce the protection afforded ing removal from service when necessary), damage and wear (including removal from by helmets), precautions to use when hanlimitations of helmet protection (i.e., condiservice when necessary), limitations of heldling helmets, and safe conditions (i.e., that tions that may reduce the protection afmet protection (i.e., conditions that may reimpact, penetration, and electrical-insulation forded by helmets), sizes (i.e., the provision duce the protection afforded by helmets), testing does not indicate safe impact- and of extra-small and extra-large helmet sizes sizes (i.e., the provision of extra-small and voltage-exposure levels for industrial workby manufacturers), and precautions to use extra-large helmet sizes by manufacturers), ers). when handling helmets. precautions to use when handling helmets, safe voltages (i.e., that the "mechanical proof test" and "minimum breakdown voltage test" do not indicate safe voltage levels for using insulating safety headgear), and inspection (i.e., use of periodic visual inspections and electrical tests to detect conditions of helmets that may impair their dielectric strength). Appendix B-Electrical Insulation Testing-De- No comparable appendix. No comparable appendix. scribes equipment guidelines and precautions for high-voltage test equipment. Appendix C-Force Transmission Testing- No comparable appendix. No comparable appendix. Provides design and performance specifications for equipment used in force-transmission testing, calibration procedures for this test equipment (including force-measuring systems and velocity-measuring systems), and a procedure for determining the repeatability value of the impactor (and specifications for acceptable values). Appendix D-Impact Energy Attenuation Test- No comparable appendix. No comparable appendix. ing-Provides design and performance specifications for equipment used in impact-energy attenuation testing. Appendix E-Test Equipment Sources-Pro- No comparable appendix. No comparable appendix. vides a list of sources for suitable test equipment. 1 This table provides only a summary of the differences among these three standards, and may not describe completely all of the differences among the standards or the content of any provision of the standards. Consult the published versions of the standards for an accurate determination of the differences among the standards. 2No provision of the standard addresses the Dynamic Test Line. 3 No provision of the standard addresses the Static Test Line. 37596 Federal Register 77, No. 21/Friday, June 22, Rules and Regulations OSHA believes that it is consistent with one of the incorporated ANSI provides employers with additional with the usual and customary practice Z89.1 standards. Currently, the options for meeting the design-criteria of employers in the construction construction standard does not include requirements for head protectionindustry to require use of head such a provision. However, the general options most employers already are protection that complies with ANSI industry and maritime industry using. Therefore, this direct final rule Z89.1-2009, ANSI Z89.1-2003, or ANSI standards do include such a provision does not alter the substantive protection Z89.1-1997. OSHA further believes that (e.g., § 1910.135(b)(2)). Therefore, to that employers must provide to the provisions of ANSI Z89.1-1969 and allow flexibility and ensure consistency employees and the compliance burdens ANSI Z89.2-1971 are outdated, and across standards, OSHA also is adding on employers. Accordingly, OSHA need employers in the industry are not using identical language to the construction not, in this rulemaking, determine head protection that complies with the standard. significant risk or the extent to which testing requirements of these outdated In conclusion, OSHA examined the this direct final rule will reduce that standards. Accordingly, the Agency standards for head protection issued by risk, as typically required by Industrial determined that incorporating these ANSI over the last 40 years, and found Union Department. editions of ANSI Z89.1 consensus that these standards reflect the state of B. Final Economic Analysis and standards for head protection into 29 the art in terms of design safety that Regulatory Flexibility Act Certification CFR 1926.100(b) does not add a existed when ANSI issued them. compliance burden for employers. However, OSHA also found This direct final rule is not OSHA invites the public to comment on improvements in the design-safety economically significant within the whether use of head protection requirements of each successive edition context of Executive Order 12866, or a compliant with ANSI Z89.1-2009, ANSI of these standards that would enhance major rule under the Unfunded Z89.1-2003, or ANSI Z89.1-1997 employee protection from falling-object Mandates Reform Act or Section 801 of represents current industry practice. and electrical hazards. the Small Business Regulatory Paragraph (b)(2) of this direct final Enforcement Fairness Act. In addition, rule for head protection in construction IV. Procedural Determinations this direct final rule complies with (see § 1926.100 (Head protection) below) A. Legal Considerations Executive Order 13563. The rulemaking addresses the requirement for the imposes no additional costs on any employer to ensure that the head The purpose of the Occupational private or public sector entity, and does protection provided for each employee Safety and Health Act of 1970 (OSH not meet any of the criteria for an exposed to high-voltage electric shock Act), 29 U.S.C. 651 et seq., is to achieve economically significant or major rule and burns also meets the specifications to the extent possible safe and healthful specified by the Executive Order or contained in Section 9.7 ("Electrical working conditions for all employees. relevant statutes. Insulation") of any of the consensus 29 U.S.C. 651(b). To achieve this goal, This rulemaking allows employers standards identified in paragraph (b)(1) Congress authorized the Secretary of increased flexibility in choosing head of this section. This requirement Labor to promulgate and enforce protection for employees. However, this updates paragraph (c) of existing occupational safety and health direct final rule does not require an § 1926.100, which references outdated standards. 29 U.S.C. 654(b), 655(b). A employer to update or replace its head ANSI Z89.2-1971 ("Safety safety or health standard is a standard protection solely as a result of this rule Requirements for Industrial Protective that "requires conditions, or the if the head protection currently in use Helmets for Electrical Workers, Class adoption or use of one or more meets the revised standards. B"). ANSI subsequently discontinued practices, means, methods, operations, Furthermore, because the rule imposes this separate consensus standard and processes reasonably necessary or no costs, OSHA certifies that it will not included its provisions in ANSI Z89.1 appropriate to provide safe or healthful have a significant economic impact on beginning with the 1981 edition of ANSI employment or places of employment." a substantial number of small entities. Z89.1. OSHA is including paragraph 29 U.S.C. 652(8). A standard is (b)(2) in this direct final rule to reasonably necessary or appropriate C. OMB Review Under the Paperwork emphasize that employers must ensure within the meaning of Section 652(8) of Reduction Act of 1995 that each employee exposed to the the OSH Act when a significant risk of This rulemaking does not impose new hazards of high-voltage electric shock material harm exists in the workplace information-collection requirements for and burns wears head protection that and the proposed standard would purposes of the Paperwork Reduction complies with the electrical-insulation substantially reduce or eliminate that Act of 1995, 44 U.S.C. 3501-30. testing requirements specified in workplace risk. See Industrial Union Accordingly, the Agency does not have Section 9.7 of the 1997, 2003, or 2009 Department, AFL-CIO V. American to prepare an Information Collection editions of ANZI Z89.1, in addition to Petroleum Institute, 448 U.S. 607 (1980). Request in association with this the requirements in those consensus OSHA already determined that rulemaking. standards that test helmets for requirements for head protection, Members of the public may respond protection against falling-object hazards including design requirements, are to this paperwork determination by under various conditions. reasonably necessary or appropriate sending their written comments to the In addition to updating the references within the meaning of Section 652(8). Office of Information and Regulatory to ANSI Z89.1, OSHA is adding a This direct final rule neither reduces Affairs, Attn: OSHA Desk Officer (RIN provision to the construction standard employee protection nor alters an 1218-AC08), Office of Management and that permits an employer to use head employer's obligations under the Budget, Room 10235, 725 17th Street protection that is not manufactured in existing standards. OSHA believes that, NW., Washington, DC 20503. The accordance with one of the incorporated under this direct final rule, employers Agency encourages commenters to ANSI Z89.1 consensus standards if the will be able to continue to use the same submit these comments to the employer can demonstrate that the head equipment they are using currently to rulemaking docket, along with their protection it selects protects employees meet their compliance obligation under comments on other parts of this direct at least as effectively as head protection the existing standards' design-criteria final rule. For instructions on tested and constructed in accordance requirements. This direct final rule submitting these comments and Federal Register/Vol. 77, No. 121/Friday, June 22, 2012/Rules and Regulations 37597 accessing the docket, see the sections of policy options in the same manner as to ANSI Z89.1-1969 and -1986, and this Federal Register notice titled DATES other OSHA standards. In State-Plan ANSI Z89.2-1971, will have no affect on and ADDRESSES. However, OSHA will States, this rulemaking does not employers because, in view of the not consider any comment received on significantly limit state policy options limited useful life of protective helmets, this paperwork determination to be a because, as explained in the following the Agency assumes that no protective "significant adverse comment" as section, State-Plan States do not have to helmets currently are available or in use specified above under Section II adopt this direct final rule. that manufacturers tested in accordance ("Direct Final Rulemaking"). with these consensus standards. E. State-Plan States To make inquiries, or to request other Therefore, this direct final rule does information, contact Mr. Todd Owen, When Federal OSHA promulgates a not require action under 29 CFR Directorate of Standards and Guidance, new standard or amends an existing 1953.5(a), and State-Plan States do not OSHA, Room N-3609, U.S. Department standard to be more stringent than it need to adopt this rule or show OSHA of Labor, 200 Constitution Ave. NW., was previously, the 27 states or U.S. why such action is unnecessary. Washington, DC 20210; telephone (202) territories with their own OSHA- However, to the extent these State-Plan 693-2222. approved occupational safety and health States have the same standards as the plans must revise their standards to D. Federalism OSHA standards affected by this direct reflect the new standard or amendment, OSHA reviewed this direct final rule final rule, OSHA encourages them to or show OSHA why such action is in accordance with the Executive Order adopt the amendments. unnecessary, e.g., because an existing on Federalism (Executive Order 13132, state standard covering this area is at F. Unfunded Mandates Reform Act 64 FR 43255, August 10, 1999), which least as effective as the new Federal OSHA reviewed this direct final rule requires that agencies, to the extent standard or amendment. 29 CFR possible, refrain from limiting state 1953.5(a). In this regard, the state according to the Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. policy options, consult with states prior standard must be at least as effective as to taking any actions that would restrict the final Federal rule. State-Plan States 1501 et seq.) and Executive Order 12875 state policy options, and take such (58 FR 58093, Oct. 28, 1993). 75 FR at must adopt the Federal standard or 48130. As discussed above in Section actions only when clear constitutional complete their own standard within six authority exists and the problem is months of the publication date of the IV.B ("Final Economic Analysis and national in scope. Executive Order final Federal rule. When OSHA Regulatory Flexibility Certification") of 13132 provides for preemption of state promulgates a new standard or this preamble, OSHA determined that law only with the expressed consent of amendment that does not impose this direct final rule imposes no Congress. Agencies must limit any such additional or more stringent additional costs on any private-sector or preemption to the extent possible. requirements than the existing standard, public-sector entity. Accordingly, this Under Section 18 of the Occupational State-Plan States need not amend their direct final rule requires no additional Safety and Health Act of 1970 (OSH Act; standards, although OSHA may expenditures by either public or private 29 U.S.C. 667), Congress expressly encourage them to do SO. The following employers. provides that states may adopt, with 22 states and U.S. territories have As noted above under Section IV.E Federal approval, a plan for the OSHA-approved occupational safety ("State-Plan States") of this preamble, development and enforcement of and health plans that apply only to OSHA standards do not apply to state or occupational safety and health private-sector employers: Alaska, local governments except in states that standards; states that obtain Federal Arizona, California, Hawaii, Indiana, elected voluntarily to adopt an OSHAapproval for such a plan are referred to Iowa, Kentucky, Maryland, Michigan, approved state plan. Consequently, this as "State-Plan States." (29 U.S.C. 667.) Minnesota, Nevada, New Mexico, North direct final rule does not meet the Occupational safety and health Carolina, Oregon, Puerto Rico, South definition of a "Federal standards developed by State-Plan Carolina, Tennessee, Utah, Vermont, intergovernmental mandate" (see States must be at least as effective in Virginia, Washington, and Wyoming. In Section 421(5) of the UMRA (2 U.S.C. providing safe and healthful addition, Connecticut, Illinois, New 658(5)). Therefore, for the purposes of employment and places of employment Jersey, New York, and the Virgin Islands the UMRA, OSHA certifies that this as the Federal standards. Subject to have OSHA-approved State Plans that direct final rule does not mandate that these requirements, State-Plan States are apply only to state and local state, local, or tribal governments adopt free to develop and enforce under state government employees. new, unfunded regulatory obligations, law their own requirements for With regard to this direct final rule, it or increase expenditures by the private occupational safety and health will not impose any additional or more sector of more than $100 million in any standards. stringent requirements on employers year. While OSHA drafted this direct final compared to existing OSHA standards. G. Consultation and Coordination With rule to protect employees in every state, Through this rulemaking, OSHA is Indian Tribal Governments Section 18(c)(2) of the Act permits Stateupdating the references in its standards Plan States and U.S. Territories to to recognize the recent edition of the OSHA reviewed this direct final rule develop and enforce their own applicable national consensus standard, in accordance with Executive Order standards for the design of head and deleting outdated editions of the 13175, 65 FR 67,249 (Nov. 9, 2000), and protection provided these requirements national consensus standards referenced determined that it does not have "tribal are at least as effective in providing safe in its existing head protection implications" as defined in that order. and healthful employment and places of standards. This direct final rule does not This direct final rule does not have employment as the requirements require employers to update or replace substantial direct effects on one or more specified in this direct final rule. their head-protection equipment solely Indian tribes, on the relationship In summary, this direct final rule as a result of this rulemaking if the between the Federal government and complies with Executive Order 13132. equipment currently in use meets the Indian tribes, or on the distribution of In states without OSHA-approved state requirements of this direct final rule. power and responsibilities between the plans, this rulemaking limits state OSHA believes that removing references Federal government and Indian tribes. 37598 Federal Register/Vol. 77, No. 121/Friday, June 22, 2012/Rules and Regulations H. Consultation With the Advisory Signed at Washington, DC, on June 14, Industrial Workers-Requirements; IBR Committee on Construction Safety and 2012. approved for 1910.135(b)(1)(iii). Health David Michaels, Copies of ANSI Z89.1-1997 are Assistant Secretary of Labor for Occupational available for purchase only from the Under 29 CFR parts 1911 and 1912, Safety and Health. International Safety Equipment OSHA must consult with the Advisory Amendments to Standards Association, 1901 North Moore Street, Committee on Construction Safety and Arlington, VA 22209-1762; telephone: Health (ACCSH or "the Committee"), For the reasons stated above in the 703-525-1695; fax: 703-528-2148; Web established pursuant to Section 107 of preamble, the Occupational Safety and site: www.safetyequipment.org. the Contract Work Hours and Safety Health Administration is amending 29 * * * Standards Act (40 U.S.C. 3701 et seq.), CFR parts 1910, 1915, 1917, 1918, and in setting standards for construction 1926 as follows: Il 3. Amend 1910.135 by revising paragraph (b)(1) to read as follows: work. Specifically, 1911.10(a) requires PART 1910-[AMENDED] the Assistant Secretary to provide $1910.135 Head protection. ACCSH with a draft proposed rule * * * * * Subpart A-[Amended] (along with pertinent factual (b) Criteria for head protection. (1) information) and give the Committee an 1. Revise the authority citation for Head protection must comply with any opportunity to submit subpart A of part 1910 to read as of the following consensus standards: recommendations. See also § 1912.3(a) follows: (i) American National Standards ("[W]henever occupational safety or Authority: 29 U.S.C. 653, 655, 657; Institute (ANSI) Z89.1-2009, "American Secretary of Labor's Order Numbers 12-71 National Standard for Industrial Head health standards for construction activities are proposed, the Assistant (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 Protection," incorporated by reference Secretary [for Occupational Safety and FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR in § 1910.6; 111), 3-2000 (65 FR 50017), 5-2002 (67 FR (ii) American National Standards Health] shall consult the Advisory 65008), 5-2007 (72 FR 31159), 4-2010 (75 FR Institute (ANSI) Z89.1-2003, "American Committee."). On December 15, 2011, 55355), or 1-2012 (77 FR 3912), as National Standard for Industrial Head OSHA presented a draft of this direct applicable. Protection," incorporated by reference final rule to ACCSH, as well as tables Sections 1910.6, 1910.7, 1910.8 and 1910.9 in § 1910.6; or comparing the provisions of the also issued under 29 CFR 1911. Section (iii) American National Standards outdated reference standards with the 1910.7(f) also issued under 31 U.S.C. 9701, provisions of the recent editions of 29 U.S.C. 9a, 5 U.S.C. 553; Public Law 106- Institute (ANSI) Z89.1-1997, "American 113 (113 Stat. 1501A-222); Pub. L. 11-8 and National Standard for Personnel ANSI Z89.1. OSHA then explained that 111-317; and OMB Circular A-25 (dated July Protection-Protective Headwear for the rule would update the references to 8, 1993) (58 FR 38142, July 15, 1993). Industrial Workers-Requirements," ANSI Z89.1 and Z89.2 in the current E 2. Amend § 1910.6 by revising incorporated by reference in $ 1910.6. construction standard. The ACCSH * * * * * paragraphs (e)(71) through (e)(73) to subsequently recommended that OSHA read as follows: pursue this rulemaking and replace the PART 1915-[AMENDED] outdated references to ANSI Z89.1-1969 $1910.6 Incorporation by reference. S in the current construction standard for * * * * 4. The authority citation for part 1915 continues to read as follows: head protection with references to the (e) * * 1997, 2003, and 2009 editions of ANSI (71) American National Standards Authority: 33 U.S.C. 941; 29 U.S.C. 653, Z89.1, and replace the outdated Institute (ANSI) Z89.1-2009, American 655, 657; Secretary of Labor's Order No. 12- reference to ANSI Z89.2-1971 with the National Standard for Industrial Head 71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 2009 edition of ANSI Z89.1. (A Protection, approved January 26, 2009; FR 111), 3-2000 (65 FR 50017), 5-2002 (67 transcription of these proceedings is IBR approved for § 1910.135(b)(1)(i). FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 available at Ex. Docket No. OSHA- Copies of ANSI Z89.1-2009 are FR 55355), or 1-2012 (77 FR 3912), as 2011-0124-0025, pp. 237-245.) available for purchase only from the applicable. International Safety Equipment Section 1915.100 also issued under 49 V. Authority and Signature Association, 1901 North Moore Street, U.S.C. 1801-1819 and 5 U.S.C. 553. Arlington, VA 22209-1762; telephone: Sections 1915.120 and 1915.152 of 29 CFR David Michaels, Assistant Secretary of 703-525-1695; fax: 703-528-2148; Web also issued under 29 CFR 1911. Labor for Occupational Safety and site: www.safetyequipment.org. Health, U.S. Department of Labor, 200 (72) American National Standards Subpart A-[Amended] Constitution Ave., NW., Washington, Institute (ANSI) Z89.1-2003, American DC 20210, authorized the preparation of I 5. Amend 1915.5 by revising National Standard for Industrial Head this direct final rule. OSHA is issuing paragraphs (d)(1)(ix)through (d)(1)(xi) to Protection; IBR approved for read as follows: this direct final rule pursuant to 29 1910.135(b)(1)(ii). Copies of ANSI U.S.C. 653, 655, 657, 5 U.S.C. 553, Z89.1-2003 are available for purchase $1915.5 Incorporation by reference. Secretary of Labor's Order 1-2012 (77 only from the International Safety * * * * * FR 3912), and 29 CFR part 1911. Equipment Association, 1901 North (d)(1) *** List of Subjects in 29 CFR Parts 1910, Moore Street, Arlington, VA 22209- (ix) American National Standards 1915, 1917, 1918, and 1926 1762; telephone: 703-525-1695; fax: Institute (ANSI) Z89.1-2009, American 703-528-2148; Web site: National Standard for Industrial Head Head protection, Incorporation by www.safetyequipment.org. Protection, approved January 26, 2009; reference, Occupational safety and (73) American National Standards IBR approved for § 1915.155(b)(1)(i). health, Safety. Institute (ANSI) Z89.1-1997, American Copies of ANSI Z89.1-2009 are National Standard for Personnel available for purchase only from the Protection-Protective Headwear for International Safety Equipment Federal Register/Vol. 77, No. Friday, June 22, 2012 / Rules and Regulations 37599 Association, 1901 North Moore Street, Section 1917.29 also issued under 49 (iii) American National Standards Arlington, VA 22209-1762; telephone: U.S.C. 1801-1819 and 5 U.S.C. 553. Institute (ANSI) Z89.1-1997, "American 703-525-1695; fax: 703-528-2148; Web National Standard for Personnel site: www.safetyequipment.org. Subpart A-[Amended] Protection-Protective Headwear for (x) American National Standards Institute (ANSI) Z89.1-2003, American R 8. Amend 1917.3 by revising Industrial Workers-Requirements," National Standard for Industrial Head paragraphs (b)(9) through (b)(11) to read incorporated by reference in § 1917.3. as follows: * * * * * Protection; IBR approved for 1915.155(b)(1)(ii). Copies of ANSI $1917.3 Incorporation by reference. PART 1918-[AMENDED] Z89.1-2003 are available for purchase (b) * * * only from the International Safety (9) American National Standards I 10. Revise the authority citation for Equipment Association, 1901 North Institute (ANSI) Z89.1-2009, American part 1918 to read as follows: Moore Street, Arlington, VA 22209- National Standard for Industrial Head Authority: 33 U.S.C. 941; 29 U.S.C. 653, 1762; telephone: 703-525-1695; fax: Protection, approved January 26, 2009; 655, 657; Secretary of Labor's Order No. 12- 703-528-2148; Web site: IBR approved for 1917.93(b)(1)(i). 71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 www.safetyequipment.org. Copies of ANSI Z89.1-2009 are (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 (xi) American National Standards available for purchase only from the FR 111), 3-2000 (65 FR 50017), 5-2002 (67 Institute (ANSI) Z89.1-1997, American International Safety Equipment FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 National Standard for Personnel Association, 1901 North Moore Street, FR 55355), or 1-2012 (77 FR 3912), as Protection-Protective Headwear for Arlington, VA 22209-1762; telephone: applicable; and 29 CFR 1911. Industrial Workers-Requirements; IBR Section 1918.90 also issued under 5 U.S.C. 703-525-1695; fax: 703-528-2148; Web approved for § 1915.155(b)(1)(iii). 553. site: www.safetyequipment.org. Section 1918.100 also issued under 49 Copies of ANSI Z89.1-1997 are (10) American National Standards U.S.C. 1801-1819 and 5 U.S.C. 553. available for purchase only from the Institute (ANSI) Z89.1-2003, American International Safety Equipment National Standard for Industrial Head Subpart A-[Amended] Association, 1901 North Moore Street, Protection; IBR approved for Arlington, VA 22209-1762; telephone: 1917.93(b)(1)(ii). Copies of ANSI 11. Amend $1918.3 by revising 703-525-1695; fax: 703-528-2148; Web Z89.1-2003 are available for purchase paragraphs (b)(9) through (b)(11) to read site: www.safetyequipment.org. only from the International Safety as follows: * * * * * Equipment Association, 1901 North III 6. Amend 1915.155 by revising Moore Street, Arlington, VA 22209- $ 1918.3 Incorporation by reference. * * * * * paragraph (b)(1) to read as follows: 1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: (b) * * * $1915.155 Head protection. www.safetyequipment.org. (9) American National Standards * * * * (11) American National Standards Institute (ANSI) Z89.1-2009, American (b) Criteria for protective helmets. (1) Institute (ANSI) Z89.1-1997, American National Standard for Industrial Head Head protection must comply with any National Standard for Personnel Protection, approved January 26, 2009; of the following consensus standards: Protection-Protective Headwear for (i) American National Standards IBR approved for § 1918.103(b)(1)(i). Industrial Workers-Requirements; IBR Institute (ANSI) Z89.1-2009, "American Copies of ANSI Z89.1-2009 are approved for $ 1917.93(b)(1)(iii). Copies National Standard for Industrial Head available for purchase only from the of ANSI Z89.1-1997 are available for Protection," incorporated by reference International Safety Equipment purchase only from the International Association, 1901 North Moore Street, in § 1915.5; (ii) American National Standards Safety Equipment Association, 1901 Arlington, VA 22209-1762; telephone: Institute (ANSI) Z89.1-2003, "American North Moore Street, Arlington, VA 703-525-1695; fax: 703-528-2148; Web National Standard for Industrial Head 22209-1762; telephone: 703-525-1695; site: www.safetyequipment.org. fax: 703-528-2148; Web site: Protection," incorporated by reference (10) American National Standards in § 1915.5; or www.safetyequipment.org. Institute (ANSI) Z89.1-2003, American * * * * (iii) American National Standards National Standard for Industrial Head Institute (ANSI) Z89.1-1997, "American Protection; IBR approved for National Standard for Personnel Subpart E-[Amended] § 1918.103(b)(1)(ii). Copies of ANSI Protection-Protective Headwear for 9. Amend $1917.93 by revising Z89.1-2003 are available for purchase Industrial Workers-Requirements," paragraph (b)(1) to read as follows: only from the International Safety incorporated by reference in § 1915.5. Equipment Association, 1901 North * * * * * $1917.93 Head protection. Moore Street, Arlington, VA 22209- * * * * * 1762; telephone: 703-525-1695; fax: PART 1917-[AMENDED] (b)(1) The employer must ensure that 703-528-2148; Web site: head protection complies with any of www.safetyequipment.org. 7. Revise the authority citation for part the following consensus standards: (11) American National Standards 1917 to read as follows: (i) American National Standards Institute (ANSI) Z89.1-1997, American Authority: 33 U.S.C. 941; 29 U.S.C. 653, Institute (ANSI) Z89.1-2009, "American National Standard for Personnel 655, 657; Secretary of Labor's Order No. 12- National Standard for Industrial Head Protection-Protective Headwear for 71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 Protection," incorporated by reference Industrial Workers-Requirements; IBR (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 in § 1917.3; approved for 1918.103(b)(1)(iiii). FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 (ii) American National Standards Copies of ANSI Z89.1-1997 are FR 55355), or 1-2012 (77 7 FR 3912),as Institute (ANSI) Z89.1-2003, "American available for purchase only from the applicable; and 29 CFR 1911. National Standard for Industrial Head International Safety Equipment Section 1917.28 also issued under 5 U.S.C. Protection," incorporated by reference Association, 1901 North Moore Street, 553. in § 1917.3; or Arlington, VA 22209-1762; telephone: 37600 Federal Register/Vol. 77, No. 121/Friday, June 22, 2012/Rules and Regulations 703-525-1695; fax: 703-528-2148; Web 1926.100(b)(1)(ii). Copies of ANSI ("Electrical Insulation") of any of the site: www.safetyequipment.org. Z89.1-2003 are available for purchase consensus standards identified in * only from the International Safety paragraph (b)(1) of this section. Equipment Association, 1901 North (3) OSHA will deem any head Subpart J-[Amended] Moore Street, Arlington, VA 22209- protection device that the employer 1762; telephone: 703-525-1695; fax: demonstrates is at least as effective as a B 12. Amend 1918.103 by revising 703-528-2148; Web site: head protection device constructed in paragraph (b)(1) to read as follows: www.safetyequipment.org. accordance with one of the consensus (30) American National Standards standards identified in paragraph (b)(1) $ 1918.103 Head protection. Institute (ANSI) Z89.1-1997, American of this section to be in compliance with * * * * * National Standard for Personnel the requirements of this section. (b)(1) The employer must ensure that Protection-Protective Headwear for [FR Doc. 2012-15030 Filed 6-21-12; 8:45 am) head protection complies with any of the following consensus standards: Industrial Workers-Requirements; IBR BILLING CODE 4510-26-P (i) American National Standards approved for § 1926.100(b)(1)(iii). Institute (ANSI) Z89.1-2009, "American Copies of ANSI Z89.1-1997 are National Standard for Industrial Head available for purchase only from the DEPARTMENT OF HOMELAND Protection," incorporated by reference International Safety Equipment SECURITY in § 1918.3; Association, 1901 North Moore Street, (ii) American National Standards Arlington, VA 22209-1762; telephone: Coast Guard Institute (ANSI) Z89.1-2003, "American 703-525-1695; fax: 703-528-2148; Web National Standard for Industrial Head site: www.safetyequipment.org. 33 CFR Part 165 * * Protection," incorporated by reference [Docket Number USCG-2012-0508] in § 1918.3; or (iii) American National Standards Subpart E-[Amended] RIN 1625-AA00 Institute (ANSI) Z89.1-1997, "American National Standard for Personnel 15. Revise the authority citation for Safety Zone; Arctic Drilling and subpart E of part 1926 to read as Support Vessels, Puget Sound, WA Protection-Protective Headwear for follows: Industrial Workers-Requirements," AGENCY: Coast Guard, DHS. incorporated by reference in 1918.3. Authority: 40 U.S.C. 333; 29 U.S.C. 653, ACTION: Temporary final rule. * * * * 655, 657; Secretary of Labor's Order No. 12- 71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 SUMMARY: The Coast Guard is (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 PART 1926-[AMENDED] establishing a temporary safety zone FR 111), 5-2007 (72 FR 31160), 4-2010 (75 around the nineteen vessels associated FR 55355), or 1-2012 (77 FR 3912), as A-General [Amended] with Arctic drilling as well as their lead applicable; and 29 CFR part 1911. towing vessels while those vessels are If 13. Revise the authority citation for El 16. Amend § 1926.100 as follows: underway in the Puget Sound Captain of subpart A of part 1926 to read as a. Add paragraphs (b)(1) through the Port Zone. The safety zone is follows: (b)(3). necessary to ensure the safety of the Authority: 40 U.S.C. 333; 29 U.S.C. 653, E If b. Remove paragraph (c). maritime public and specified vessels 655, 657; Secretary of Labor's Order No. 12- $1926.100 Head protection. while they transit and will do SO by 71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 prohibiting any person or vessel from * * * * (48 FR 35736), 6-96 (62 FR 111), 5-2007 (72 entering or remaining in the safety zone FR 31160), 4-2010 (75 FR 55355), or 1-2012 (b) * * (77 FR 3912), as applicable; and 29 CFR part (1) The employer must provide each unless authorized by the Captain of the employee with head protection that Port or a Designated Representative. 1911. DATES: This rule is effective with actual 14 14. Amend $ 1926.6 as follows: meets the specifications contained in a. Revise paragraphs (h)(28) and any of the following consensus notice from June 7, 2012, until June 22, 2012. This rule is effective in the Code (h)(29). standards: b. Add new paragraph (h)(30). (i) American National Standards of Federal Regulations from June 22, Institute (ANSI) Z89.1-2009, "American 2012 through August 1, 2012. $1926.6 Incorporation by reference. National Standard for Industrial Head ADDRESSES: Documents mentioned in * * * * * Protection," incorporated by reference this preamble are part of docket USCG- (h) * * * in § 1926.6; 2012-0508. To view documents (28) American National Standards (ii) American National Standards mentioned in this preamble as being Institute (ANSI) Z89.1-2009, American Institute (ANSI) Z89.1-2003, "American available in the docket, go to http:// National Standard for Industrial Head National Standard for Industrial Head www.regulations.gov, type the docket Protection, approved January 26, 2009; Protection," incorporated by reference number in the "SEARCH" box and click IBR approved for § 1926.100(b)(1)(i). in § 1926.6; or "SEARCH." Click on Open Docket Copies of ANSI Z89.1-2009 are (iii) American National Standards Folder on the line associated with this available for purchase only from the Institute (ANSI) Z89.1-1997, "American rulemaking. You may also visit the International Safety Equipment National Standard for Personnel ocket-Management Facility in Room Association, 1901 North Moore Street, Protection-Protective Headwear for W12-140 on the ground floor of the Arlington, VA 22209-1762; telephone: Industrial Workers-Requirements," Department of Transportation West 703-525-1695; fax: 703-528-2148; Web incorporated by reference in § 1926.6. Building, 1200 New Jersey Avenue SE., site: www.safetyequipment.org. (2) The employer must ensure that the Washington, DC 20590, between 9 a.m. (29) American National Standards head protection provided for each and 5 p.m., Monday through Friday, Institute (ANSI) Z89.1-2003, American employee exposed to high-voltage except Federal holidays. National Standard for Industrial Head electric shock and burns also meets the FOR FURTHER INFORMATION CONTACT: If Protection; IBR approved for specifications contained in Section 9.7 you have questions on this rule, call or