[Federal Register Volume 69, Number 233 (Monday, December 6, 2004)]
[Rules and Regulations]
[Page 70373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26739]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket No. H040]
RIN 1218-0184


Methylenedianiline in Construction; Correction

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Final rule; correction.

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SUMMARY: OSHA is revising the regulatory text of the Methylenedianiline 
(MDA) Standard for Construction to correct a cross reference to OSHA's 
standard on emergency action plans and fire prevention plans.

DATES: This final rule becomes effective January 5, 2005.

FOR FURTHER INFORMATION CONTACT: George Shaw, Acting Director, OSHA 
Office of Communication, Room N-3647, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210; Telephone: (202) 693-
1999.

SUPPLEMENTARY INFORMATION: On November 2002, the Agency published a 
final rule entitled ``Exit Routes, Emergency Action Plans, and Fire 
Prevention Plans (67 FR 67949).'' This action was taken in part to 
clarify and make consistent provisions regrading emergency action plans 
and fire prevention plans in several general industry standards. In 
that final rule, OSHA separated the requirements for emergency action 
plans and fire protection plans into two separate sections, 1910.38 and 
1910.39, respectively.
    Several general industry health standards were revised at that time 
to reflect this change. The general industry standard for MDA (29 CFR 
1910. 1050(d)(1)(iii)) was revised to read as follows: ``The plan shall 
specifically include provisions for alerting and evacuating affected 
employees as well as elements prescribed in 29 CFR 1910.38 and 29 CFR 
1910.39, `Emergency actions plans' and `Fire prevention plans,' 
respectively.'' The same provision in the MDA Standard for Construction 
(29 CFR 1926.60) was not similarly revised at that time. Since the 
Agency intended to revise all health standards to reflect this change, 
OSHA is accordingly correcting the MDA Construction Standard to make it 
consistent with the revised language in the other health standards. In 
making this correction, OSHA maintains the safety and health protection 
provided to employees without increasing the regulatory burden on 
employers.

List of Subjects in 29 CFR Part 1926

    Chemicals, Construction industry, Diving, Electric power, Fire 
prevention, Gases, Government Contracts, Hazardous substances. Health 
records, Lead, Motor vehicle safety, Noise control, Occupational safety 
and health, Radiation protection. Reporting and recordkeeping 
requirements, Signs and symbols.


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Therefore, OSHA amends 29 CFR part 1926 as follows:

PART 1926--[CORRECTED]

Subpart D--Occupational Health and Environmental Controls

0
1. The authority citation for part 1926 subpart D is revised to read as 
follows:

    Authority: Sec. 107, Contract Work Hours and Safety Standards 
Act (40 U.S.C. 333); secs. 4, 6, and 8, Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657; Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 6-96 (62 FR 111), or 5-2002 (67 FR 65008), as applicable, 
and 29 CFR part 1911.


0
2. In Sec.  1926.60, paragraph (e)(1)(iii) is revised to read as 
follows:


Sec.  1926.60  Methylenedianiline

    (e) * * *
    (1) * * *
    (iii) The plan shall specifically include provisions for alerting 
and evacuating affected employees as well as the applicable elements 
prescribed in 29 CFR 1910.38 and 29 CFR 1910.39, ``Emergency action 
plans'' and ``Fire prevention plans,'' respectively.
* * * * *

Authority and Signature

    John L. Henshaw, Assistant Secretary of Labor for Occupational 
Safety and Health, U.S. Department of Labor, 200 Constitution Ave., 
NW., Washington, DC 20210, directed the preparation of this notice 
under the authority granted by: Sections 4, 6(b), 8(c), and 8(g) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); 
section 107 of the Contract Work Hours and Safety Standards Act (the 
Construction Safety Act) (40 U.S.C. 333); section 41, the Longshore and 
Harbor Worker's Compensation Act (33 U.S.C. 941); Secretary of Labor's 
Order No. 5-2002 (67 FR 65008); and 29 CFR part 1911.

    Signed at Washington, DC, this 18 day of November 2004.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 04-26739 Filed 12-3-04; 8:45 am]
BILLING CODE 4510-26-M