46350 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 

1The general industry and shipyard employment 

standards expressly allow employers to use PPE 

that is as protective as PPE constructed in 

accordance with the incorporated standards. OSHA 

uses its de minimis policy to allow employers 

covered by the longshoring and marine terminals 

standards to use PPE that is as protective as PPE 

constructed in accordance with the incorporated 

standards. (See OSHA Instruction CPL 2.103, ‘‘Field 

Inspection Reference Manual,’’ Chapter III.C.2.g; 

and memorandum from Richard Fairfax, Director, 

Directorate of Enforcement Programs to Regional 

Administrators (June 19, 2006).) 

United States Tax Court on or after 

September 9, 2009. 

Linda E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: August 26, 2009. 

Michael Mundaca, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. E9–21458 Filed 9–8–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Parts 1910, 1915, 1917, and 

1918 

[Docket No. OSHA–2007–0044] 

RIN 1218–AC08 

Updating OSHA Standards Based on 

National Consensus Standards; 

Personal Protective Equipment 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Department of 

Labor. 

ACTION: Final rule. 

SUMMARY: OSHA is issuing this final 

rule to revise the personal protective 

equipment (PPE) sections of its general 

industry, shipyard employment, 

longshoring, and marine terminals 

standards regarding requirements for 

eye- and face-protective devices, head 

protection, and foot protection. OSHA is 

updating the references in its 

regulations to recognize more recent 

editions of the applicable national 

consensus standards, and is deleting 

editions of the national consensus 

standards that PPE must meet if 

purchased before a specified date. In 

addition, OSHA is amending its 

provision that requires safety shoes to 

comply with a specific American 

National Standards Institute (ANSI) 

standard, and a provision that requires 

filter lenses and plates in eye-protective 

equipment to meet a test for 

transmission of radiant energy specified 

by another ANSI standard. In amending 

these paragraphs, OSHA will require 

this safety equipment to comply with 

the applicable PPE design provisions. 

These revisions are a continuation of 

OSHA’s effort to update or remove 

references to specific consensus and 

industry standards located throughout 

its standards. 

DATES: This final rule will become 

effective on October 9, 2009. 

The incorporation by reference of 

specific publications listed in this final 

rule is approved by the Director of the 

Federal Register as of October 9, 2009. 

FOR FURTHER INFORMATION CONTACT: 

General information and press inquiries: 

Contact Jennifer Ashley, Director, OSHA 

Office of Communications, Room N– 

3647, U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone: (202) 693–1999. 

Technical inquiries: Contact Ted 

Twardowski, Directorate of Standards 

and Guidance, Room N–3609, OSHA, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone: (202) 693–2070; 

fax: (202) 693–1663. 

Copies of this Federal Register notice. 

Electronic copies of this Federal 

Register notice are available at http:// 

www.regulations.gov. This Federal 

Register notice, as well as news releases 

and other relevant information, are also 

available at OSHA’s Web page at http:// 

www.osha.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Summary and Explanation of the Final 

Rule 

A. General Background 

B. Revisions to the PPE Provisions of the 

OSHA Standards 

C. Discussion of Comments and Hearing 

Testimony 

D. Summary of the Final Rule 

II. Procedural Determinations 

A. Legal Considerations 

B. Final Economic Analysis and Regulatory 

Flexibility Act Certification 

C. OMB Review Under the Paperwork 

Reduction Act of 1995 

D. Federalism 

E. State-Plan States 

F. Unfunded Mandates Reform Act 

III. Authority and Signature 

I. Summary and Explanation of the 

Final Rule 

A. General Background 

As discussed in a previous Federal 

Register document (69 FR 68283), 

OSHA is undertaking a series of projects 

to update its standards to incorporate 

the latest versions of national consensus 

and industry standards. These projects 

include updating or revoking national 

consensus and industry standards 

referenced in existing OSHA standards, 

updating regulatory text of standards 

adopted directly by OSHA from the 

language of outdated consensus 

standards, and, when appropriate, 

replacing specific references to outdated 

national consensus and industry 

standards with performance-oriented 

requirements. 

On May 17, 2007, OSHA published a 

Notice of Proposed Rulemaking (NPRM) 

(72 FR 27771) entitled ‘‘Updating OSHA 

Standards Based on National Consensus 

Standards; Personal Protective 

Equipment.’’ The NPRM set July 16, 

2007, as a deadline for submitting 

comments and for requesting an 

informal public hearing on the proposed 

rule. The Agency received 

approximately 25 comments and 4 

requests for an informal public hearing. 

OSHA then published a Federal 

Register notice scheduling an informal 

public hearing for December 4, 2007 (72 

FR 50302). The informal public hearing 

took place as scheduled, and OSHA 

received testimony from nine witnesses. 

Thomas M. Burke, Administrative Law 

Judge, presided at the hearing. At the 

end of the hearing, Judge Burke set 

deadlines of January 3, 2008, for 

submission of post-hearing comments, 

and February 4, 2008, for the 

submission of final summations and 

briefs. Judge Burke closed and certified 

the record for this rulemaking on June 

23, 2008. 

B. Revisions to the PPE Provisions of the 

OSHA Standards 

1. Background of OSHA’s PPE 

Standards 

Subpart I of OSHA’s general industry 

standards contains design requirements 

for eye- and face-protective devices, 

head protection, and foot protection. 

(See 29 CFR 1910.133, 1910.135, 

1910.136.) OSHA has similar 

requirements in subpart I of part 1915 

(Shipyard Employment), subpart E of 

part 1917 (Marine Terminals), and 

subpart J of part 1918 (Longshoring). 

These rules require that the specified 

PPE comply with national consensus 

standards incorporated by reference into 

the OSHA standards, unless the 

employer demonstrates that a piece of 

equipment is as effective as equipment 

that complies with the incorporated 

national consensus standard. (See, e.g., 

29 CFR 1910.133(b)(1).) 1 These design 

provisions are part of comprehensive 

requirements to ensure that employees 

use PPE that will protect them from 

hazards in the workplace. 

The incorporated ANSI standards are 

over a decade old and, in some 

instances, are two decades old. Over 

this period, ANSI updated all of the 

standards, and, in one instance (i.e., the 


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ANSI Z41 standard for protective 

footwear), ANSI withdrew its standard 

when ASTM adopted a national 

consensus standard for protective 

footwear. In response, manufacturers 

began manufacturing PPE that conforms 

with the updated ANSI and ASTM 

standards. As a result, employers and 

employees have difficulty obtaining PPE 

manufactured in accordance with the 

national consensus standards 

incorporated earlier in OSHA standards. 

OSHA estimates that these types of PPE 

last about two to four years. (See OSHA 

Docket S–060, ‘‘Preliminary Regulatory 

Impact & Regulatory Flexibility Analysis 

of the Personal Protective Equipment 

Standard,’’ Table IV–2 (U.S. Department 

of Labor, OSHA, Office of Regulatory 

Analysis, June 30, 1989).) 

2. Updating OSHA’s PPE Standards 

In the past, OSHA updated its PPE 

standards by revising them to 

incorporate recent versions of the 

national consensus standards, while 

leaving the earlier versions of these 

national consensus standards in the 

regulatory text. (See 59 FR 16360 (April 

6, 1994).) This action temporarily 

alleviated the problem of trying to 

obtain PPE manufactured in accordance 

with an earlier version of a national 

consensus standard, but it ensured that 

the problem would arise again as the 

later versions of the standards 

superseded the newly incorporated 

versions. To alleviate this problem, 

OSHA proposed to replace the 

references to specific national 

consensus standards with a 

performance-oriented ‘‘good-design’’ 

requirement. (72 FR 27771.) The 

proposed rule provided guidance on 

how employers could meet the gooddesign requirement. It also included 

nonmandatory appendices listing those 

national consensus standards that 

OSHA had determined were gooddesign standards that would meet the 

good-design requirement. To ensure that 

the appendices remained useful in the 

future, OSHA promised in the proposal 

to use direct-final rulemaking to 

incorporate future editions of consensus 

standards into the nonmandatory 

appendices. The proposed rule also 

deleted older, out-of-date consensus 

standards that OSHA had incorporated 

into its standards to allow employers to 

continue using PPE they had purchased 

before a specified date. OSHA noted 

that the proposed rule did not alter the 

duties of employers because it only 

provided employers with additional 

options for meeting their duty under the 

design-criteria provisions of OSHA’s 

existing PPE standards. 

The proposed rule also deleted a 

paragraph in § 1910.94 and another 

paragraph in § 1910.252, which 

reference, respectively, specific versions 

of American National Standards 

Institute (ANSI) standards on foot 

protection and eye- and face-protective 

devices. OSHA explained that, in 

deleting these references, the relevant 

design provisions of the general 

industry PPE standard would apply to 

these types of PPE. 

C. Discussion of Comments and Hearing 

Testimony 

1. Updating References to Consensus 

Standards 

Commenters universally agreed with 

OSHA’s proposal to update the 

references to national consensus 

standards. However, a significant 

majority, including employee 

representatives, PPE manufacturers, and 

safety professionals opposed the 

proposed replacement of specific 

references to national consensus 

standards in the regulatory text with a 

performance-oriented good-design 

requirement and a nonmandatory 

appendix. (See, e.g., AFL–CIO (OSHA– 

2007–0044–0023); U.S. Safety (Ex. 

–0024); International Safety Equipment 

Association (ISEA) (Ex. –0025); 

American Society of Safety Engineers 

(ASSE) (Ex. –0029); see also 3M 

Company (Ex. –0026) (expressing 

support for performance-oriented 

approach, but recommending that 

appendices be mandatory and that 

OSHA only list ANSI and ASTM 

standards as good-design standards at 

this time).) A few trade associations 

representing employers generally 

supported the proposal’s performanceoriented approach, but also noted the 

widespread use of PPE that meets ANSI 

and ASTM standards and, in one case, 

the need to ensure that other ‘‘good 

design standards’’ were developed using 

a process comparable to the processes 

ANSI and ASTM use. (See National 

Grain and Feed Association and Grain 

Elevator and Processing Society (Ex. 

OSHA–2007–0044–0027); American 

Bakers Association (Ex. –0028); National 

Automobile Dealers Association 

(NADA) (Ex. –0047; see, also, 

International Association of Drilling 

Contractors (Ex. –0022) (expressing 

concerns with the proposal, but 

apparently implicitly endorsing the 

performance-oriented approach).) Three 

government agencies commented on the 

proposal. All three supported updating 

the out-of-date standards. (See Kentucky 

Department of Labor, Office of 

Occupational Safety and Health (Ex. 

OSHA–2007–0044–0021); North 

Carolina Department of Labor, 

Occupational Safety and Health 

Division (Ex. –0034); NIOSH (Ex. 

–0037)). All witnesses who participated 

at the hearing testified in opposition to 

the proposed good-design approach. 

(See Ex. OSHA–2007–0044–0059.) 

In general, the commenters noted that 

the proposal was confusing, (e.g., AFL– 

CIO (Ex. OSHA–2007–0044–0023)), that 

it removed a ‘‘baseline’’ level of 

protection from the standards, (see, e.g., 

ISEA (Ex. –0025)), that the criteria 

defining a good-design standard were 

too vague and subjective, (see, e.g., 

ASSE, Tr. at 84–85), and that the 

proposal could result in less employee 

protection (see, e.g., U.S. Safety (Ex. 

–0024)). In addition, the AFL–CIO 

asserted that OSHA could alleviate the 

administrative and practical difficulties 

associated with outdated national 

consensus standards by updating the 

OSHA standards through direct-final 

rulemaking. (See Ex. OSHA–2007– 

0044–0023; Tr. 95–96.) 

OSHA believes that, for the most part, 

these and other criticisms of the 

proposal represent a misunderstanding 

of the proposal or overstate the effects 

of the proposed good-design 

requirement. For example, numerous 

commenters noted that the proposed 

rule eliminated a baseline level of PPE 

protection. (See, e.g., ISEA (Ex. OSHA– 

2007–0044–0025) and ASSE (Tr. at 84– 

85).) These concerns appear to overlook 

the provision in the proposal that 

required the PPE to provide protection 

equivalent to or greater than PPE that 

was constructed in accordance with one 

of the national consensus standards 

listed in the nonmandatory appendices, 

which included national consensus 

standards already incorporated into the 

OSHA standards. (See, e.g., proposed 

§ 1910.133(b)(2) in 72 FR 27775.) 

Several commenters expressed 

concern that allowing employers to 

select PPE that provided protection 

equivalent to PPE constructed in 

accordance with a listed ANSI standard 

was subject to abuse. (See ISEA (Tr. at 

40–41); ASSE (Ex. OSHA–2007–0044– 

0029) and (Tr. at 79).) Although OSHA 

cannot rule out the possibility that 

employers could incorrectly claim that 

PPE constructed in accordance with a 

non-ANSI design standard provides an 

appropriate level of protection, the 

Agency notes that, in the case of the 

current general industry and shipyard 

employment PPE provisions, employers 

could make the same claim. (See, e.g., 

29 CFR 1910.133(b)(2).) 

Finally, a few commenters remarked 

that employee protection may decrease 

because OSHA, at a later date, could 

approve, for inclusion in the 


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2OSHA will use the direct-final rulemaking 

process to update national consensus standards 

referenced in its PPE standards when it is 

appropriate to do so (see, J. Lubbers, A Guide to 

Federal Agency Rulemaking, at 115–119 (4th ed. 

2006)). 

3The NPRM also requested public comment on 

(1) its assumption that the proposed revisions 

would not increase compliance burdens, and (2) 

whether it should replace these paragraphs with 

cross references to §§ 1910.136(b) and 1910.133(b). 

The Agency received no comment on either issue. 

nonmandatory appendices, a design 

standard that did not provide an 

adequate level of protection. (See, e.g., 

ASSE (Ex. OSHA–2007–0044–0029, and 

Tr. at 79).) These commenters, however, 

did not provide a basis for this 

comment. Moreover, OSHA notes that 

such action would be counter to its 

long-standing policy to adopt new 

requirements only if they provide 

employees with equivalent or increased 

protection. In any event, adding a 

design standard to the nonmandatory 

appendices would be subject to noticeand-comment rulemaking. 

OSHA believes that the widespread 

opposition to the good-design provision 

indicates possible misapplication of the 

standard if adopted as proposed. In 

addition, the widespread support for 

continued incorporation of national 

consensus standards convinces OSHA 

that using direct-final rulemaking to 

update references to national consensus 

standards may alleviate the 

administrative and practical problems 

that arise when OSHA standards require 

compliance with outdated national 

consensus standards.2 Accordingly, 

OSHA is not adopting the proposed 

good-design approach. 

Instead, OSHA revised the text of the 

final rules to allow employers to meet 

the design requirements of its PPE 

standards by using PPE constructed in 

accordance with any of three national 

consensus standards—the two most 

recent national consensus standards and 

the national consensus standard 

incorporated in the current OSHA 

standards. Additionally, the final rules 

maintain the option employers currently 

have to use PPE that is not 

manufactured in accordance with one of 

the listed consensus standards if the 

employer can demonstrate that the PPE 

it selects is as protective as PPE 

constructed in accordance with one of 

the incorporated consensus standards. 

The final regulatory text responds to the 

numerous requests that OSHA continue 

to incorporate, and require compliance 

with, specific national consensus 

standards. (See, e.g., Tr. at 44–45 and 

95–97; Exs. OSHA–2007–0044–0023 

and –0048).) 

2. Miscellaneous Comments 

ISEA, in its written comments, 

recommended that OSHA amend 

Appendix B to § 1910, subpart I 

(‘‘Selection Guidelines for Head 

Protection’’) to conform to the recent 

edition of ANSI Z89.1 (see Ex. OSHA– 

2007–0044–0025). Beginning with the 

ANSI Z89.1–1997 standard, ANSI 

updated the classification system for 

protective helmets. In this edition and 

in the subsequent edition, ANSI 

classified the type and class of 

protective helmets differently than it 

did in the current OSHA-incorporated 

1986 edition. Consequently, ANSI no 

longer uses the old designations—Type 

1 (hats) and Type 2 (caps). The electrical 

insulation classifications of Class G 

(General—tested to 2200V), Class E 

(Electrical—tested to 20,000V), and 

Class C (Conductive—no electrical 

protection) replace former Classes A, B, 

and C, respectively, to make the 

designations more user-friendly. 

Therefore, the Agency is amending 

paragraph 9 of nonmandatory Appendix 

B to § 1910, subpart I by adding a 

discussion clarifying the relationship 

between the old classification system 

and the new classification system. 

A number of commenters and 

witnesses addressed matters that are 

beyond the scope of this rulemaking. 

For example, several commenters and 

witnesses recommended that OSHA 

require third-party certification or 

independent testing of PPE. (See Tr. at 

83; Exs. OSHA–2007–0044–0031 and 

–0037.) One commenter asked OSHA to 

address respirators in this rulemaking 

(Ex. OSHA–2007–0044–0003). Other 

commenters addressed who had 

responsibility for paying for PPE (Exs. 

OSHA–2007–0044–0004 and –0034), an 

issue OSHA resolved in a previous 

rulemaking (see 72 FR 64342). Two 

commenters requested that OSHA 

supply free national consensus 

standards to interested parties (Exs. 

OSHA–2007–0044–0017 and –0020). 

Regarding this request, OSHA notes that 

copyright laws protect national 

consensus standards referenced in its 

standards, although copies of these 

national consensus standards are 

available for viewing only at OSHA’s 

Docket Office, libraries at OSHA 

Regional Offices, and the U.S. National 

Archives and Records Administration. 

Some commenters (Exs. OSHA–2007– 

0044–0021 and –0034) and witnesses 

(Tr. at 18–19 and 51–52) questioned the 

Agency’s decision not to include the 

construction industry in this 

rulemaking. OSHA responded at the 

hearing that it had decided not to 

include the construction industry 

because of the size of the undertaking 

and OSHA’s limited resources. (Tr. at 

18–19). 

3. Deleting Outdated References From 

Ventilation and Welding Standards 

OSHA did not receive any comments 

on its proposal to delete paragraph 

(a)(5)(v)(a) in § 1910.94 and paragraph 

(b)(2)(ii)(I) in § 1910.252,3 which 

reference, respectively, specific versions 

of American National Standards 

Institute (ANSI) standards on foot 

protection and eye- and face-protective 

devices. 

Paragraph (a)(5)(v)(a) of § 1910.94 

requires that safety shoes used by 

abrasive-blasting operators comply with 

ANSI Z41.1–1967, while 

§ 1910.252(b)(2)(ii)(I) specifies that filter 

lenses and plates used in protective 

eyewear for welding must comply with 

the transmission test for radiant energy 

prescribed in ANSI Z87.1–1968. These 

references are outdated and, therefore, 

OSHA is amending these paragraphs so 

that they are consistent with OSHA’s 

revisions to §§ 1910.133(b) and 

1910.136(b). 

D. Summary of the Final Rule 

With this rulemaking, OSHA is 

updating the references to national 

consensus standards in the PPE sections 

of its general industry, shipyard 

employment, longshoring, and marine 

terminals rules, thereby explicitly 

allowing employers to use PPE 

constructed in accordance with the most 

recent national consensus standards. 

Numerous comments and hearing 

testimony persuaded OSHA to leave the 

references to national consensus 

standards in the regulatory text of the 

final standard. In this regard, the 

Agency decided to allow employers to 

use any of three editions of the national 

consensus standards, which consist of 

the post-1986 editions they must use 

currently and either of the two most 

recent editions of these standards. This 

action is consistent with the notice 

provided by the NPRM (72 FR 27771). 

The final regulatory text addresses 

3M’s written comment that, even though 

3M supports the proposal’s 

performance-oriented approach, the 

proposal’s nonmandatory appendix 

should be mandatory (Ex. OSHA–2007– 

0044–0026). Similarly, it is consistent 

with the recommendation made by 

several trade associations that 

employers should be able to comply 

with their obligations under the 

proposed rule by continuing to use PPE 

constructed in accordance with ANSI 


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4 In the NPRM, OSHA specifically noted that it 

did not believe that employers were still using PPE 

constructed in accordance with the ANSI standards 

that it adopted to allow employers to continue to 

use PPE they purchased before a specified date, and 

proposed to delete any reference to these consensus 

standards from the PPE standards. OSHA received 

no comments indicating that employers were using 

such PPE currently. 

and ASTM standards. (See National 

Grain and Feed Association and Grain 

Elevator and Processing Society (Ex. 

OSHA–2007–0044–0027); American 

Bakers Association (Ex. –0028); NADA 

(Ex. –0047); see, also, International 

Association of Drilling Contractors (Ex. 

–0022) (stating that OSHA ‘‘may wish to 

consider including International 

Standards Organization (ISO) 

standards’’ to the list of standards in the 

nonmandatory appendices).) 

In developing the final rule, the 

Agency had to decide whether to allow 

employers to continue using the 

editions of the national consensus 

standards currently incorporated in its 

PPE standards. In this regard, several 

commenters and witnesses 

recommended that OSHA delete 

references to the versions of the national 

consensus standards that are currently 

incorporated in the OSHA standards, 

(see, e.g., Ex. OSHA–2007–0044–0025; 

Tr. at 81). However, OSHA received 

testimony from several witnesses at the 

hearing that the PPE designed under a 

previous standard generally remains 

safe to use even though it may not 

conform totally with the most recent 

standard, and that allowing employers 

to use this PPE would permit them to 

deplete inventories before they have to 

purchase new PPE (Tr. at 90 and 140– 

143). In addition to these comments, 

OSHA proposed in the NPRM to list 

these editions in the nonmandatory 

appendices as examples of national 

consensus standards that met the 

proposal’s good design requirement, 

thereby demonstrating OSHA’s 

confidence in the level of employee 

protection afforded by these national 

consensus standards. The Agency also 

noted in the NPRM that the rulemaking 

would place no economic burden on 

employers who may still be using PPE 

constructed in accordance with the 

currently incorporated editions of the 

national consensus standards, implying 

that these employers could continue 

using this equipment.4 Therefore, based 

on the witness testimony and its 

statements in the NPRM, OSHA is 

retaining references to post-1986 

editions of the national consensus 

standards currently incorporated in its 

PPE standards. 

The regulatory text in the final 

standards also is consistent with 

OSHA’s need to alleviate the 

administrative and practical problems 

that arise when current OSHA standards 

require compliance with outdated 

national consensus standards and 

updated national consensus standards 

are available that would enable 

employers to use PPE that meets design 

requirements that would provide 

employees with an equivalent or 

increased level of protection. Although 

the final rule does not alleviate the 

administrative and practical problems 

completely, OSHA believes that using 

direct-final rulemaking will reduce 

substantially the burden of revising this 

final regulatory text to incorporate 

future national consensus standards as 

ANSI and other standards-development 

organizations develop them. 

The safety shoes required by 

§ 1910.94(a)(5)(v)(a) must comply with 

the updated national consensus 

standards referenced in § 1910.136(b)(1), 

while the filter lenses and plates in 

protective eyewear required by 

§ 1910.252(b)(2) must meet one of the 

tests for radiant-energy transmission 

prescribed in the ANSI standards 

incorporated by the updated 

§ 1910.133(b)(1). 

OSHA believes these deletions of 

references to specific outdated 

consensus standards will not increase 

compliance burdens, including 

compliance costs, because it is unlikely 

that employers are using safety shoes 

and eyewear manufactured in 

accordance with ANSI Z41.1–1967 and 

ANSI Z87.1–1968, respectively. (See Tr. 

at 55 (ISEA representative testifying that 

employers cannot purchase PPE built to 

the ANSI standards that are currently 

incorporated in OSHA’s standards).) 

Instead, the Agency presumes that 

employers are using safety shoes 

manufactured in accordance with the 

1991 or 1999 editions of ASTM F–2412– 

05 and ASTM F–2413–05, and eyewear 

that complies with ANSI Z87.1–1989, 

ANSI 87.1–1989 (R–1998), or ANSI 

Z87.1–2003. 

Regarding safety shoes, OSHA 

believes that shoes constructed 

according to recent national consensus 

standards provide an appropriate level 

of protection, and, moreover, that it is 

difficult for employers to purchase 

shoes constructed in accordance with 

the referenced 1967 national consensus 

standard. Similarly, although it is 

feasible to purchase protective eye wear 

that meets an outdated test, if the 

protective eye wear meets a subsequent 

test that provides equivalent or greater 

protection, it is unnecessarily confusing 

to explicitly require conformity to an 

outdated test when meeting a more 

current test provides the required level 

of protection. Accordingly, OSHA 

believes that complying with related 

OSHA standards (i.e., §§ 1910.133(b) 

and 1910.136(b)) will provide 

employees with the latest PPE 

technology while also easing employers’ 

compliance obligations. In the final rule, 

OSHA revised the phrase ‘‘filter lens 

and plates’’ to ‘‘filter lens’’ to conform 

to the definitions in the recent ANSI 

standards. The newly incorporated 

ANSI standards do not define ‘‘plates,’’ 

and the definitions of ‘‘filter lens’’ in 

these standards are broad enough to 

encompass ‘‘plates’’ as the term was 

used in § 1910.252(b)(2)(ii)(I) and the 

1968 ANSI standard. OSHA does not 

consider this revision to be substantive. 

OSHA is retaining in the final rules 

the proposed provision allowing 

employers to use PPE not manufactured 

in accordance with one of the 

incorporated national consensus 

standards when the employers meet 

their burden to demonstrate that the 

PPE they use provides employee 

protection that is at least as effective as 

PPE constructed in accordance with the 

appropriate incorporated national 

consensus standard. This provision 

allows employers to use subsequent 

national consensus standards that they 

can demonstrate provide the requisite 

level of employee protection. 

Differences in this provision, compared 

to similar provisions in OSHA’s current 

PPE standards, are editorial only, and 

do not alter the substantive 

requirements of the current standards. 

This rulemaking also deletes the 

paragraphs in §§ 1910.94 and 1910.252 

that reference pre-1970 ANSI standards 

on foot protection and eye- and faceprotective devices, respectively. Instead, 

employers must comply with 

§§ 1910.136(b) and 1910.133(b), which 

consist, respectively, of requirements for 

foot protection and eye- and faceprotective devices newly updated under 

this rulemaking. 

Finally, the Agency plans in the 

future to update the national consensus 

standards referenced in its PPE 

standards as new editions become 

available. Once OSHA determines that a 

new edition of a national consensus 

standard provides protection that is 

equal to or greater than the editions 

currently incorporated into its PPE 

standards, the Agency will use 

appropriate rulemaking, including 

direct-final rulemaking, to incorporate 

the new editions, and to remove 

outdated editions, from the regulatory 

text. 


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II. Procedural Determinations 

A. Legal Considerations 

The purpose of the Occupational 

Safety and Health Act of 1970 (OSH 

Act), 29 U.S.C. 651 et seq., is to achieve 

to the extent possible safe and healthful 

working conditions for all employees. 

29 U.S.C. 651(b). To achieve this goal, 

Congress authorized the Secretary of 

Labor to promulgate and enforce 

occupational safety and health 

standards. 29 U.S.C. 654(b), 655(b). A 

safety or health standard is a standard 

that requires employers to maintain 

conditions or adopt practices that are 

reasonably necessary or appropriate to 

provide safe or healthful working 

conditions. 29 U.S.C. 652(8). A standard 

is reasonably necessary or appropriate 

within the meaning of Section 652(8) of 

the OSH Act if a significant risk of 

material harm exists in the workplace 

and the proposed standard would 

substantially reduce or eliminate that 

workplace risk. OSHA already 

determined that requirements for PPE, 

including design requirements, are 

reasonably necessary or appropriate 

within the meaning of Section 652(8). 

The final rule neither reduces employee 

protection nor alters an employer’s 

obligations under the existing standard. 

Under the final rule, employers will be 

able to continue to use the same 

equipment they have been using to meet 

their compliance obligation under the 

existing standards’ design-criteria 

requirements. The final rule provides 

employers with additional options for 

meeting the design-criteria 

requirement—options most employers 

already are using. Therefore, this final 

rule does not alter the substantive 

protection that must be provided to 

employees and the compliance burdens 

on employers. Accordingly, OSHA need 

not, in this rulemaking, determine 

significant risk or the extent to which 

the final rule will reduce that risk, as 

typically required by Industrial Union 

Department, AFL–CIO v. American 

Petroleum Institute, 448 U.S. 607 (1980). 

B. Final Economic Analysis and 

Regulatory Flexibility Act Certification 

This action is not economically 

significant within the context of 

Executive Order 12866, or a major rule 

under the Unfunded Mandates Reform 

Act or Section 801 of the Small Business 

Regulatory Enforcement Fairness Act. 

The rulemaking imposes no additional 

costs on any private or public sector 

entity, and does not meet any of the 

criteria for an economically significant 

or major rule specified by the Executive 

Order or relevant statutes. 

This rulemaking allows employers 

increased flexibility in choosing PPE for 

employees. However, the final rule does 

not require an employer to update or 

replace its PPE solely as a result of this 

rule if the PPE currently in use meets 

the existing standards. Furthermore, 

because the rule imposes no costs, 

OSHA certifies that it would not have a 

significant impact on a substantial 

number of small entities. 

C. OMB Review Under the Paperwork 

Reduction Act of 1995 

This rulemaking does not impose new 

information collection requirements for 

purposes of the Paperwork Reduction 

Act of 1995, 44 U.S.C. 3501–30. 

D. Federalism 

OSHA reviewed this final rule in 

accordance with the Executive Order on 

Federalism (Executive Order 13132, 64 

FR 43255, August 10, 1999), which 

requires that agencies, to the extent 

possible, refrain from limiting State 

policy options, consult with States prior 

to taking any actions that would restrict 

State policy options, and take such 

actions only when clear constitutional 

authority exists and the problem is 

national in scope. Executive Order 

13132 provides for preemption of State 

law only with the expressed consent of 

Congress. Any such preemption is to be 

limited to the extent possible. 

Under Section 18 of the Occupational 

Safety and Health Act of 1970 (OSH Act; 

29 U.S.C. 667), Congress expressly 

provides that States may adopt, with 

Federal approval, a plan for the 

development and enforcement of 

occupational safety and health 

standards; States that obtain Federal 

approval for such a plan are referred to 

as ‘‘State-Plan States.’’ (29 U.S.C. 667.) 

Occupational safety and health 

standards developed by State-Plan 

States must be at least as effective in 

providing safe and healthful 

employment and places of employment 

as the Federal standards. Subject to 

these requirements, State-Plan States are 

free to develop and enforce under State 

law their own requirements for 

occupational safety and health 

standards. 

While OSHA drafted this final rule to 

protect employees in every State, 

Section 18(c)(2) of the Act permits StatePlan States and Territories to develop 

and enforce their own standards for the 

design of personal-protective equipment 

provided these requirements are at least 

as effective in providing safe and 

healthful employment and places of 

employment as the requirements 

specified in this final rule. 

In summary, this final rule complies 

with Executive Order 13132. In States 

without OSHA-approved State Plans, 

this rulemaking limits State policy 

options in the same manner as other 

OSHA standards. In State-Plan States, 

this rulemaking does not significantly 

limit State policy options because, as 

explained in the following section, 

State-Plan States do not have to adopt 

the final rule. 

E. State-Plan States 

When Federal OSHA promulgates a 

new standard or amends an existing 

standard to be more stringent than it 

was previously, the 26 States or U.S. 

Territories with their own OSHAapproved occupational safety and health 

plans must revise their standards to 

reflect the new standard or amendment, 

or show OSHA why such action is 

unnecessary, e.g., because an existing 

State standard covering this area is at 

least as effective as the new Federal 

standard or amendment. 29 CFR 

1953.5(a). In this regard, the State 

standard must be at least as effective as 

the final Federal rule, must be 

applicable to both the private and 

public (State and local government 

employees) sectors, and the States must 

complete the rulemaking within six 

months of the publication date of the 

Federal rule. When OSHA promulgates 

a new standard or amendment that does 

not impose additional or more stringent 

requirements than the existing standard, 

State-Plan States need not amend their 

standards, although OSHA encourages 

them to do so. The 26 States and U.S. 

Territories with OSHA-approved 

occupational safety and health plans 

are: Alaska, Arizona, California, Hawaii, 

Indiana, Iowa, Kentucky, Maryland, 

Michigan, Minnesota, Nevada, New 

Mexico, North Carolina, Oregon, Puerto 

Rico, South Carolina, Tennessee, Utah, 

Vermont, Virginia, Washington, and 

Wyoming; Connecticut, New Jersey, 

New York, and the Virgin Islands have 

OSHA-approved State Plans that apply 

only to State and local government 

employees. 

With regard to this final rule, it will 

not impose any additional or more 

stringent requirements on employers 

compared to existing OSHA standards. 

Through this rulemaking, OSHA is 

updating the references in its 

regulations to recognize recent editions 

of the applicable national consensus 

standards, and deleting a number of 

outdated editions of the national 

consensus standards referenced in its 

existing PPE standards. The final rule 

does not require employers to update or 

replace their PPE solely as a result of 

this rulemaking if the PPE currently in 


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use meets the existing standards. 

Therefore, the final rule does not require 

action under 29 CFR 1953.5(a), and 

States and U.S. Territories with 

approved State Plans do not need to 

adopt this rule or show OSHA why such 

action is unnecessary. However, to the 

extent these States and Territories have 

the same standards as the OSHA 

standards affected by this final rule, 

OSHA encourages them to adopt the 

amendments. 

F. Unfunded Mandates Reform Act 

OSHA reviewed this final rule in 

accordance with the Unfunded 

Mandates Reform Act of 1995 (UMRA; 

2 U.S.C. 1501 et seq.) and Executive 

Order 12875 (58 FR 58093). As 

discussed above in Section II.B (‘‘Final 

Economic Analysis and Regulatory 

Flexibility Certification’’) of this 

preamble, OSHA determined that this 

final rule imposes no additional costs 

on any private- or public-sector entity. 

Accordingly, this final rule requires no 

additional expenditures by either public 

or private employers. 

As noted above under Section II.E 

(‘‘State-Plan States’’), OSHA’s standards 

do not apply to State and local 

governments except in States that 

elected voluntarily to adopt a State Plan 

approved by the Agency. Consequently, 

this final rule does not meet the 

definition of a ‘‘Federal 

intergovernmental mandate’’ (see 

Section 421(5) of the UMRA (2 U.S.C. 

658(5))). Therefore, for the purposes of 

the UMRA, the Agency certifies that this 

final rule does not mandate that State, 

local, or tribal governments adopt new, 

unfunded regulatory obligations, or 

increase expenditures by the private 

sector of more than $100 million in any 

year. 

List of Subjects in 29 CFR Parts 1910, 

1915, 1917, and 1918 

Cutting and brazing, Eye and face 

protection, Foot protection, Head 

protection, Incorporation by reference, 

Ventilation, and Welding. 

III. Authority and Signature 

Jordan Barab, Acting Assistant 

Secretary of Labor for Occupational 

Safety and Health, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210, directed the 

preparation of this final rule. OSHA is 

issuing this final rule pursuant to 

Sections 4, 6, and 8 of the Occupational 

Safety and Health Act of 1970 (29 U.S.C. 

653, 655, 657), 5 U.S.C. 553, Secretary 

of Labor’s Order 5–2007 (72 FR 31160), 

and 29 CFR part 1911. 

Signed at Washington, DC, this 28th day of 

August 2009. 

Jordan Barab, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

Amendments to Standards 

■ For the reasons stated above in the 

preamble, the Occupational Safety and 

Health Administration is amending 29 

CFR parts 1910, 1915, 1917, and 1918 as 

follows: 

PART 1910—[AMENDED] 

Subpart A—[Amended] 

■ 1. Revise the authority citation for 

subpart A of part 1910 to read as 

follows: 

Authority: Sections 4, 6, 8, Occupational 

Safety and Health Act of 1970 (29 U.S.C. 653, 

655, 657); Secretary of Labor’s Orders 12–71 

(36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 

FR 35736), 1–90 (55 FR 9033), 6–96 (62 FR 

111), 3–2000 (65 FR 50017), 5–2002 (67 FR 

65008), and 5–2007 (72 FR 31160), as 

applicable. 

Sections 1910.7 and 1910.8 also issued 

under 29 CFR Part 1911. Section 1910.7(f) 

also issued under 31 U.S.C. 9701, 29 U.S.C. 

9a, 5 U.S.C. 553; Public Law 106–113 (113 

Stat. 1501A–222); and OMB Circular A–25 

(dated July 8, 1993) (58 FR 38142, July 15, 

1993). 

■ 2. Amend § 1910.6 as follows: 

■ a. Revise paragraphs (a)(2) and (a)(4) 

■ b. Revise paragraph (e) introductory 

text 

■ c. Revise paragraphs (e)(60), (e)(61), 

and (e)(67) through (e)(72) 

■ d. Add new paragraphs (e)(73), (74), 

(75), (76), and (77) 

■ e. Revise paragraph (h) introductory 

text 

■ f. Add new paragraphs (h)(20) and 

(h)(21) 

The additions and revisions read as 

follows: 

§ 1910.6 Incorporation by reference. 

(a) * * * 

(2) Any changes in the standards 

incorporated by reference in this part 

and an official historic file of such 

changes are available for inspection in 

the Docket Office at the national office 

of the Occupational Safety and Health 

Administration, U.S. Department of 

Labor, Washington, DC 20910; 

telephone: 202–693–2350 (TTY number: 

877–889–5627). 

* * * * * 

(4) Copies of standards listed in this 

section and issued by private standards 

organizations are available for purchase 

from the issuing organizations at the 

addresses or through the other contact 

information listed below for these 

private standards organizations. In 

addition, these standards are available 

for inspection at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

these standards at NARA, telephone: 

202–741–6030, or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. Also, the standards 

are available for inspection at any 

Regional Office of the Occupational 

Safety and Health Administration 

(OSHA), or at the OSHA Docket Office, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Room N– 

2625, Washington, DC 20210; telephone: 

202–693–2350 (TTY number: 877–889– 

5627). 

* * * * * 

(e) Except as noted, copies of the 

standards listed below in this paragraph 

are available for purchase from the 

American National Standards Institute 

(ANSI), 25 West 43rd Street, 4th Floor, 

New York, NY 10036; telephone: 212– 

642–4900; fax: 212–398–0023; Web site: 

http://www.ansi.org. 

* * * * * 

(60) ANSI Z41–1999, American 

National Standard for Personal 

Protection—Protective Footwear; IBR 

approved for § 1910.136(b)(1)(ii). Copies 

of ANSI Z41–1999 are available for 

purchase only from the National Safety 

Council, P.O. Box 558, Itasca, IL 60143– 

0558; telephone: 1–800–621–7619; fax: 

708–285–0797; Web site: http:// 

www.nsc.org. 

(61) ANSI Z41–1991, American 

National Standard for Personal 

Protection—Protective Footwear; IBR 

approved for § 1910.136(b)(1)(iii). 

Copies of ANSI Z41–1991 are available 

for purchase only from the National 

Safety Council, P.O. Box 558, Itasca, IL 

60143–0558; telephone: 1–800–621– 

7619; fax: 708–285–0797; Web site: 

http://www.nsc.org. 

* * * * * 

(67) ANSI Z87.1–2003, American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection; IBR approved for 

§§ 1910.133(b)(1)(i) and 

1910.252(b)(2)(ii)(I)(1). Copies of ANSI 

Z87.1–2003 are available for purchase 

only from the American Society of 

Safety Engineers, 1800 East Oakton 

Street, Des Plaines, IL 60018–2187; 

telephone: 847–699–2929; or from the 

International Safety Equipment 

Association (ISEA), 1901 North Moore 

Street, Arlington, VA 22209–1762; 

telephone: 703–525–1695; fax: 703– 

528–2148; Web site: http:// 

www.safetyequipment.org. 

(68) ANSI Z87.1–1989 (R–1998), 

American National Standard Practice for 


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Occupational and Educational Eye and 

Face Protection; IBR approved for 

§ 1910.133(b) (1)(ii). Copies of ANSI 

Z87.1–1989 (R–1998) are available for 

purchase only from the American 

Society of Safety Engineers, 1800 East 

Oakton Street, Des Plaines, IL 60018– 

2187; telephone: 847–699–2929. 

(69) ANSI Z87.1–1989, American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection; IBR approved for 

§ 1910.133(b)(1)(iii). Copies of ANSI 

Z87.1–1989 are available for purchase 

only from the American Society of 

Safety Engineers, 1800 East Oakton 

Street, Des Plaines, IL 60018–2187; 

telephone: 847–699–2929. 

(70) ANSI Z88.2–1969, Practices for 

Respiratory Protection; IBR approved for 

§§ 1910.94(c)(6)(iii)(a), 1910.134(c); and 

1910.261(a)(3)(xxvi), (b)(2), (f)(5), 

(g)(15)(v), (h)(2)(iii), (h)(2)(iv), and (i)(4). 

(71) ANSI Z89.1–2003, American 

National Standard for Industrial Head 

Protection; IBR approved for 

§ 1910.135(b)(1)(i). Copies of ANSI 

Z89.1–2003 are available for purchase 

only from the International Safety 

Equipment Association, 1901 North 

Moore Street, Arlington, VA 22209– 

1762; telephone: 703–525–1695; fax: 

703–528–2148; Web site: http:// 

www.safetyequipment.org. 

(72) ANSI Z89.1–1997, American 

National Standard for Industrial Head 

Protection; IBR approved for 

§ 1910.135(b)(1)(ii). Copies of ANSI 

Z89.1–1997 are available for purchase 

only from the International Safety 

Equipment Association, 1901 North 

Moore Street, Arlington, VA 22209– 

1762; telephone: 703–525–1695; fax: 

703–528–2148; Web site: http:// 

www.safetyequipment.org. 

(73) ANSI Z89.1–1986, American 

National Standard for Personnel 

Protection—Protective Headwear for 

Industrial Workers—Requirements; IBR 

approved for § 1910.135(b)(1)(iii). 

(74) ANSI Z41.1–1967 Men’s Safety 

Toe Footwear; IBR approved for 

§ 1910.261(i)(4). 

(75) ANSI Z87.1–1968 Practice of 

Occupational and Educational Eye and 

Face Protection; IBR approved for 

§ 1910.261(a)(3)(xxv), (d)(1)(ii), (f)(5), 

(g)(1), (g)(15)(v), (g)(18)(ii), and (i)(4). 

(76) ANSI Z89.1–1969 Safety 

Requirements for Industrial Head 

Protection; IBR approved for 

§ 1910.261(a)(3)(xxvii), (b)(2), (g)(15)(v), 

and (i)(4). 

(77) ANSI Z89.2–1971 Safety 

Requirements for Industrial Protective 

Helmets for Electrical Workers, Class B; 

IBR approved for § 1910.268(i)(1). 

* * * * * 

(h) Copies of the standards listed 

below in this paragraph are available for 

purchase from ASTM International, 100 

Barr Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959; 

telephone: 610–832–9585; fax: 610– 

832–9555; e-mail: seviceastm.org; Web 

site: http://www.astm.org: 

* * * * * 

(20) ASTM F–2412–2005, Standard 

Test Methods for Foot Protection; IBR 

approved for § 1910.136(b)(1)(i). 

(21) ASTM F–2413–2005, Standard 

Specification for Performance 

Requirements for Protective Footwear; 

IBR approved for § 1910.136(b)(1)(i). 

* * * * * 

Subpart G—[Amended] 

■ 3. The authority citation for subpart G 

of part 1910 continues to read as 

follows: 

Authority: Sections 4, 6, and 8 of the 

Occupational Safety and Health Act of 1970 

(29 U.S.C. 653, 655, 657); Secretary of Labor’s 

Orders 12–71 (36 FR 8754), 8–76 (41 FR 

25059), 9–83 (48 FR 35736), 1–90 (55 FR 

9033), 6–96 (62 FR 111), 3–2000 (65 FR 

50017), 5–2002 (67 FR 65008), or 5–2007 (72 

FR 31160), as applicable; and 29 CFR part 

1911. 

■ 4. Revise paragraph (a)(5)(v)(a) of 

§ 1910.94 to read as follows: 

§ 1910.94 Ventilation. 

(a) * * * 

(5) * * * 

(v) * * * 

(a) Protective footwear must comply 

with the requirements specified by 29 

CFR 1910.136(b)(1). 

* * * * * 

Subpart I—[Amended] 

■ 5. Revise the authority citation for 

subpart I of part 1910 to read as follows: 

Authority: Sections 4, 6, and 8 of the 

Occupational Safety and Health Act of 1970 

(29 U.S.C. 653, 655, 657); Secretary of Labor’s 

Orders 12–71 (36 FR 8754), 8–76 (41 FR 

25059), 9–83 (48 FR 35736), 1–90 (55 FR 

9033), 6–96 (62 FR 111), 3–2000 (65 FR 

50017), 5–2002 (67 FR 65008), or 5–2007 (72 

FR 31160), as applicable. 

Sections 1910.132, 1910.134, and 1910.138 

of 29 CFR also issued under 29 CFR part 

1911. 

Sections 1910.133, 1910.135, and 1910.136 

of 29 CFR also issued under 29 CFR part 

1911 and 5 U.S.C. 553. 

■ 6. Revise paragraph (b) of § 1910.133 

to read as follows: 

§ 1910.133 Eye and face protection. 

* * * * * 

(b) Criteria for protective eye and face 

protection. (1) Protective eye and face 

protection devices must comply with 

any of the following consensus 

standards: 

(i) ANSI Z87.1–2003, ‘‘American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection,’’ which is incorporated 

by reference in § 1910.6; 

(ii) ANSI Z87.1–1989 (R–1998), 

‘‘American National Standard Practice 

for Occupational and Educational Eye 

and Face Protection,’’ which is 

incorporated by reference in § 1910.6; or 

(iii) ANSI Z87.1–1989, ‘‘American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection,’’ which is incorporated 

by reference in § 1910.6. 

(2) Protective eye and face protection 

devices that the employer demonstrates 

are at least as effective as protective eye 

and face protection devices that are 

constructed in accordance with one of 

the above consensus standards will be 

deemed to be in compliance with the 

requirements of this section. 

* * * * * 

■ 7. Revise paragraph (b) of § 1910.135 

to read as follows: 

§ 1910.135 Head protection. 

* * * * * 

(b) Criteria for head protection. (1) 

Head protection must comply with any 

of the following consensus standards: 

(i) ANSI Z89.1–2003, ‘‘American 

National Standard for Industrial Head 

Protection,’’ which is incorporated by 

reference in § 1910.6; 

(ii) ANSI Z89.1–1997, ‘‘American 

National Standard for Industrial Head 

Protection,’’ which is incorporated by 

reference in § 1910.6; or 

(iii) ANSI Z89.1–1986, ‘‘American 

National Standard for Personnel 

Protection—Protective Headwear for 

Industrial Workers—Requirements,’’ 

which is incorporated by reference in 

§ 1910.6. 

(2) Head protection devices that the 

employer demonstrates are at least as 

effective as head protection devices that 

are constructed in accordance with one 

of the above consensus standards will 

be deemed to be in compliance with the 

requirements of this section. 

■ 8. Revise paragraph (b) of § 1910.136 

to read as follows: 

§ 1910.136 Foot protection. 

* * * * * 

(b) Criteria for protective footwear. (1) 

Protective footwear must comply with 

any of the following consensus 

standards: 

(i) ASTM F–2412–2005, ‘‘Standard 

Test Methods for Foot Protection,’’ and 

ASTM F–2413–2005, ‘‘Standard 

Specification for Performance 


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Requirements for Protective Footwear,’’ 

which are incorporated by reference in 

§ 1910.6; 

(ii) ANSI Z41–1999, ‘‘American 

National Standard for Personal 

Protection—Protective Footwear,’’ 

which is incorporated by reference in 

§ 1910.6; or 

(iii) ANSI Z41–1991, ‘‘American 

National Standard for Personal 

Protection—Protective Footwear,’’ 

which is incorporated by reference in 

§ 1910.6. 

(2) Protective footwear that the 

employer demonstrates is at least as 

effective as protective footwear that is 

constructed in accordance with one of 

the above consensus standards will be 

deemed to be in compliance with the 

requirements of this section. 

■ 9. Add a paragraph at the end of 

paragraph 9 in Appendix B to subpart 

I that reads as follows: 

Appendix B to Subpart I to Part 1910— 

Non-Mandatory Compliance Guidelines 

for Hazard Assessment and Personal 

Protective Equipment Selection 

* * * * * 

9. Selection guidelines for head protection. 

* * * 

Beginning with the ANSI Z89.1–1997 

standard, ANSI updated the classification 

system for protective helmets. Prior revisions 

used type classifications to distinguish 

between caps and full brimmed hats. 

Beginning in 1997, Type I designated helmets 

designed to reduce the force of impact 

resulting from a blow only to the top of the 

head, while Type II designated helmets 

designed to reduce the force of impact 

resulting from a blow to the top or sides of 

the head. Accordingly, if a hazard assessment 

indicates that lateral impact to the head is 

foreseeable, employers must select Type II 

helmets for their employees. To improve 

comprehension and usefulness, the 1997 

revision also redesignated the electricalprotective classifications for helmets as 

follows: ‘‘Class G—General’’; helmets 

designed to reduce the danger of contact with 

low-voltage conductors; ‘‘Class E— 

Electrical’’; helmets designed to reduce the 

danger of contact with conductors at higher 

voltage levels; and ‘‘Class C—Conductive’’; 

helmets that provide no protection against 

contact with electrical hazards. 

* * * * * 

Subpart Q—[Amended] 

■ 10. The authority citation for subpart 

Q of part 1910 continues to read as 

follows: 

Authority: Sections 4, 6, and 8 of the 

Occupational Safety and Health Act of 1970 

(29 U.S.C. 653, 655, 657); Secretary of Labor’s 

Orders 12–71 (36 FR 8754), 8–76 (41 FR 

25059), 9–83 (48 FR 35736), 1–90 (55 FR 

9033), 6–96 (62 FR 111), 3–2000 (65 FR 

50017), 5–2002 (67 FR 65008), or 5–2007 (72 

FR 31160), as applicable; and 29 CFR part 

1911. 

■ 11. Revise paragraph (b)(2)(ii)(I) of 

§ 1910.252 to read as follows: 

§ 1910.252 General requirements. 

* * * * * 

(b) * * * 

(2) * * * 

(ii) * * * 

(I) Filter lenses must meet the test for 

transmission of radiant energy 

prescribed by any of the consensus 

standards listed in 29 CFR 

1910.133(b)(1). 

* * * * * 

PART 1915—[AMENDED] 

■ 12. The authority citation for part 

1915 continues to read as follows: 

Authority: Section 41, Longshore and 

Harbor Workers’ Compensation Act (33 

U.S.C. 941); Sections 4, 6, and 8 of the 

Occupational Safety and Health Act of 1970 

(29 U.S.C. 653, 655, 657); Secretary of Labor’s 

Orders 12–71 (36 FR 8754), 8–76 (41 FR 

25059), 9–83 (48 FR 35736), 1–90 (55 FR 

9033), 6–96 (62 FR 111), 3–2000 (65 FR 

50017), 5–2002 (67 FR 65008), or 5–2007 (72 

FR 31160), as applicable; and 29 CFR part 

1911. 

Subpart A—[Amended] 

■ 13. Amend § 1915.5 as follows: 

■ a. Revise paragraphs (b) and (c). 

■ b. Revise paragraph (d)(1) 

introductory text. 

■ c. Revise paragraphs (d)(1)(iv) through 

(d)(1)(ix). 

■ c. Add new paragraphs (d)(1)(x), and 

(d)(1)(xi). 

■ d. Add new paragraph (d)(5). 

The revision and additions read as 

follows: 

§ 1915.5 Incorporation by reference. 

* * * * * 

(b)(1) The standards listed in 

paragraph (d) of this section are 

incorporated by reference in the 

corresponding sections noted as the 

sections exist on the date of the 

approval, and a notice of any change in 

these standards will be published in the 

Federal Register. The Director of the 

Federal Register approved these 

incorporations by reference in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. 

(2) Any changes in the standards 

incorporated by reference in this part 

and an official historic file of such 

changes are available for inspection in 

the Docket Office at the national office 

of the Occupational Safety and Health 

Administration, U.S. Department of 

Labor, Washington, DC 20910; 

telephone: 202–693–2350 (TTY number: 

877–889–5627). 

(c) Copies of standards listed in this 

section and issued by private standards 

organizations are available for purchase 

from the issuing organizations at the 

addresses or through the other contact 

information listed below for these 

private standards organizations. In 

addition, these standards are available 

for inspection at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

these standards at NARA, telephone: 

202–741–6030, or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. Also, the standards 

are available for inspection at any 

Regional Office of the Occupational 

Safety and Health Administration 

(OSHA), or at the OSHA Docket Office, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Room N– 

2625, Washington, DC 20210; telephone: 

202–693–2350 (TTY number: 877–889– 

5627). 

(d)(1) Except as noted, copies of the 

standards listed below in this paragraph 

are available for purchase from the 

American National Standards Institute 

(ANSI), 25 West 43rd Street, 4th Floor, 

New York, NY 10036; telephone: 212– 

642–4900; fax: 212–398–0023; Web site: 

http://www.ansi.org. 

* * * * * 

(iv) ANSI Z41–1999, American 

National Standard for Personal 

Protection—Protective Footwear; IBR 

approved for § 1915.156(b)(1)(ii). Copies 

of ANSI Z41–1999 are available for 

purchase only from the National Safety 

Council, P.O. Box 558, Itasca, IL 60143– 

0558; telephone: 1–800–621–7619; fax: 

708–285–0797; Web site: http:// 

www.nsc.org. 

(v) ANSI Z41–1991, American 

National Standard for Personal 

Protection—Protective Footwear; IBR 

approved for § 1915.156(b)(1)(iii). 

Copies of ANSI Z41–1991 are available 

for purchase only from the National 

Safety Council, P.O. Box 558, Itasca, IL 

60143–0558; telephone: 1–800–621– 

7619; fax: 708–285–0797; Web site: 

http://www.nsc.org. 

(vi) ANSI Z87.1–2003, American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection; IBR approved for 

§ 1915.153(b)(1)(i). Copies of ANSI 

Z87.1–2003 are available for purchase 

only from the American Society of 

Safety Engineers, 1800 East Oakton 

Street, Des Plaines, IL 60018–2187; 

telephone: 847–699–2929; or from the 

International Safety Equipment 

Association (ISEA), 1901 North Moore 

Street, Arlington, VA 22209–1762; 

telephone: 703–525–1695; fax: 703– 

528–2148; Web site: http:// 

www.safetyequipment.org. 


jlentini on DSKJ8SOYB1PROD with RULES
46358 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 

(vii) ANSI Z87.1–1989 (R–1998), 

American National Standard Practice for 

Occupational and Educational Eye and 

Face Protection; IBR approved for 

§ 1915.153(b)(1)(ii). Copies of ANSI 

Z87.1–1989 (R–1998) are available for 

purchase only from the American 

Society of Safety Engineers, 1800 East 

Oakton Street, Des Plaines, IL 60018– 

2187; telephone: 847–699–2929. 

(viii) ANSI Z87.1–1989, American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection; IBR approved for 

§ 1915.153(b)(1)(iii). 

(ix) ANSI Z89.1–2003, American 

National Standard for Industrial Head 

Protection; IBR approved for 

§ 1915.155(b)(1)(i). Copies of ANSI 

Z89.1–2003 are available for purchase 

only from the International Safety 

Equipment Association, 1901 North 

Moore Street, Arlington, VA 22209– 

1762; telephone: 703–525–1695; fax: 

703–528–2148; Web site: http:// 

www.safetyequipment.org. 

(x) ANSI Z89.1–1997, American 

National Standard for Industrial Head 

Protection; IBR approved for 

§ 1915.155(b)(1)(ii). Copies of ANSI 

Z89.1–1997 are available for purchase 

only from the International Safety 

Equipment Association, 1901 North 

Moore Street, Arlington, VA 22209– 

1762; telephone: 703–525–1695; fax: 

703–528–2148; Web site: http:// 

www.safetyequipment.org. 

(xi) ANSI Z89.1–1986, American 

National Standard for Personnel 

Protection—Protective Headwear for 

Industrial Workers—Requirements; IBR 

approved for § 1915.155(b)(1)(iii). 

* * * * * 

(5) Copies of the standards listed 

below in this paragraph are available for 

purchase from ASTM International, 100 

Barr Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959; 

telephone: 610–832–9585; fax: 610– 

832–9555; e-mail: seviceastm.org; Web 

site: http://www.astm.org: 

(i) ASTM F–2412–2005, Standard Test 

Methods for Foot Protection; IBR 

approved for § 1915.156(b)(1)(i). 

(ii) ASTM F–2413–2005, Standard 

Specification for Performance 

Requirements for Protective Footwear; 

IBR approved for § 1915.156(b)(1)(i). 

Subpart I—[Amended] 

■ 14. Revise paragraph (b) of § 1915.153 

to read as follows: 

§ 1915.153 Eye and face protection. 

* * * * * 

(b) Criteria for protective eye and face 

devices. (1) Protective eye and face 

protection devices must comply with 

any of the following consensus 

standards: 

(i) ANSI Z87.1–2003, ‘‘American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection,’’ which is incorporated 

by reference in § 1915.5; 

(ii) ANSI Z87.1–1989 (R–1998), 

‘‘American National Standard Practice 

for Occupational and Educational Eye 

and Face Protection,’’ which is 

incorporated by reference in § 1915.5; or 

(iii) ANSI Z87.1–1989, ‘‘American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection,’’ which is incorporated 

by reference in § 1915.5. 

(2) Eye and face protection devices 

that the employer demonstrates are at 

least as effective as protective as eye and 

face protection devices that are 

constructed in accordance with one of 

the above consensus standards will be 

deemed to be in compliance with the 

requirements of this section. 

■ 15. Revise paragraph (b) of § 1915.155 

to read as follows: 

§ 1915.155 Head protection. 

* * * * * 

(b) Criteria for protective helmets. (1) 

Head protection must comply with any 

of the following consensus standards: 

(i) ANSI Z89.1–2003, ‘‘American 

National Standard for Industrial Head 

Protection,’’ which is incorporated by 

reference in § 1915.5; 

(ii) ANSI Z89.1–1997, ‘‘American 

National Standard for Industrial Head 

Protection,’’ which is incorporated by 

reference in § 1915.5; or 

(iii) ANSI Z89.1–1986, ‘‘American 

National Standard for Personnel 

Protection—Protective Headwear for 

Industrial Workers—Requirements,’’ 

which is incorporated by reference in 

§ 1915.5. 

(2) Head protection devices that the 

employer demonstrates are at least as 

effective as head protection devices that 

are constructed in accordance with one 

of the above consensus standards will 

be deemed to be in compliance with the 

requirements of this section. 

■ 16. Revise paragraph (b) of § 1915.156 

to read as follows: 

§ 1915.156 Foot protection. 

* * * * * 

(b) Criteria for protective footwear. (1) 

Protective footwear must comply with 

any of the following consensus 

standards: 

(i) ASTM F–2412–2005, ‘‘Standard 

Test Methods for Foot Protection,’’ and 

ASTM F–2413–2005, ‘‘Standard 

Specification for Performance 

Requirements for Protective Footwear,’’ 

which are incorporated by reference in 

§ 1915.5; 

(ii) ANSI Z41–1999, ‘‘American 

National Standard for Personal 

Protection—Protective Footwear,’’ 

which is incorporated by reference in 

§ 1915.5; or 

(iii) ANSI Z41–1991, ‘‘American 

National Standard for Personal 

Protection—Protective Footwear,’’ 

which is incorporated by reference in 

§ 1915.5. 

(2) Protective footwear that the 

employer demonstrates is at least as 

effective as protective footwear that is 

constructed in accordance with one of 

the above consensus standards will be 

deemed to be in compliance with the 

requirements of this section. 

PART 1917—[AMENDED] 

■ 17. Revise the authority citation for 

part 1917 to read as follows: 

Authority: Section 41, Longshore and 

Harbor Worker’s Compensation Act (33 

U.S.C. 941); Sections 4, 6, and 8 of the 

Occupational Safety and Health Act of 1970 

(29 U.S.C. 653, 655, 657); Secretary of Labor’s 

Orders 12–71 (36 FR 8754), 8–76 (41 FR 

25059), 9–83 (48 FR 35736), 1–90 (55 FR 

9033), 6–96 (62 FR 111), 3–2000 (65 FR 

50017), 5–2002 (67 FR 65008), or 5–2007 (72 

FR 31160), as applicable; and 29 CFR part 

1911. 

Subpart A—[Amended] 

■ 18. Amend 1917.3 as follows: 

■ a. Revise paragraphs (a)(2), (a)(3), and 

(a)(4). 

■ b. Revise paragraph (b) introductory 

text. 

■ c. Revise paragraphs (b)(4) through 

(b)(7). 

■ d. Add new paragraphs (b)(8) through 

(b)(12). 

■ e. Add new paragraph (c). 

The revisions and additions read as 

follows: 

§ 1917.3 Incorporation by reference. 

(a) * * * 

(2) The standards listed in paragraph 

(b) of this section are incorporated by 

reference in the corresponding sections 

noted as the sections exist on the date 

of the approval, and a notice of any 

change in these standards will be 

published in the Federal Register. The 

Director of the Federal Register 

approved these incorporations by 

reference in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. 

(3) Any changes in the standards 

incorporated by reference in this part 

and an official historic file of such 

changes are available for inspection in 

the Docket Office at the national office 

of the Occupational Safety and Health 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 46359 

Administration, U.S. Department of 

Labor, Washington, DC 20910; 

telephone: 202–693–2350 (TTY number: 

877–889–5627). 

(4) Copies of standards listed in this 

section and issued by private standards 

organizations are available for purchase 

from the issuing organizations at the 

addresses or through the other contact 

information listed below for these 

private standards organizations. In 

addition, these standards are available 

for inspection at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material at NARA, telephone: 202– 

741–6030, or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. Also, the material is 

available for inspection at any Regional 

Office of the Occupational Safety and 

Health Administration (OSHA), or at the 

OSHA Docket Office, U.S. Department 

of Labor, 200 Constitution Avenue, 

NW., Room N–2625, Washington, DC 

20210; telephone: 202–693–2350 (TTY 

number: 877–889–5627). 

(b) Except as noted, copies of the 

standards listed below in this paragraph 

are available for purchase from the 

American National Standards Institute 

(ANSI), 25 West 43rd Street, 4th Floor, 

New York, NY 10036; telephone: 212– 

642–4900; fax: 212–398–0023; Web site: 

http://www.ansi.org. 

* * * * * 

(4) ANSI Z41–1999, American 

National Standard for Personal 

Protection—Protective Footwear; IBR 

approved for § 1917.94(b)(1)(ii). Copies 

of ANSI Z41–1999 are available for 

purchase only from the National Safety 

Council, P.O. Box 558, Itasca, IL 60143– 

0558; telephone: 1–800–621–7619; fax: 

708–285–0797; Web site: http:// 

www.nsc.org. 

(5) ANSI Z41–1991, American 

National Standard for Personal 

Protection—Protective Footwear; IBR 

approved for § 1917.94(b)(1)(iii). Copies 

of ANSI Z41–1991 are available for 

purchase only from the National Safety 

Council, P.O. Box 558, Itasca, IL 60143– 

0558; telephone: 1–800–621–7619; fax: 

708–285–0797; Web site: http:// 

www.nsc.org. 

(6) ANSI Z87.1–2003, American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection; IBR approved for 

§ 1917.91(a)(1)(i)(A). Copies of ANSI 

Z87.1–2003 are available for purchase 

only from the American Society of 

Safety Engineers, 1800 East Oakton 

Street, Des Plaines, IL 60018–2187; 

telephone: 847–699–2929; or from the 

International Safety Equipment 

Association (ISEA), 1901 North Moore 

Street, Arlington, VA 22209–1762; 

telephone: 703–525–1695; fax: 703– 

528–2148; Web site: http:// 

www.safetyequipment.org. 

(7) ANSI Z87.1–1989 (R–1998), 

American National Standard Practice for 

Occupational and Educational Eye and 

Face Protection; IBR approved for 

§ 1917.91(a)(1)(i)(B). Copies of ANSI 

Z87.1–1989 (R–1998) are available for 

purchase only from the American 

Society of Safety Engineers, 1800 East 

Oakton Street, Des Plaines, IL 60018– 

2187; telephone: 847–699–2929. 

(8) ANSI Z87.1–1989, American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection; IBR approved for 

§ 1917.91(a)(1)(i)(C). Copies of ANSI 

Z87.1–1989 are available for purchase 

only from the American Society of 

Safety Engineers, 1800 East Oakton 

Street, Des Plaines, IL 60018–2187; 

telephone: 847–699–2929. 

(9) ANSI Z89.1–2003, American 

National Standard for Industrial Head 

Protection; IBR approved for 

§ 1917.93(b)(1)(i). Copies of ANSI 

Z89.1–2003 are available for purchase 

only from the International Safety 

Equipment Association, 1901 North 

Moore Street, Arlington, VA 22209– 

1762; telephone: 703–525–1695; fax: 

703–528–2148; Web site: http:// 

www.safetyequipment.org. 

(10) ANSI Z89.1–1997, American 

National Standard for Industrial Head 

Protection; IBR approved for 

§ 1917.93(b)(1)(ii). Copies of ANSI 

Z89.1–1997 are available for purchase 

only from the International Safety 

Equipment Association, 1901 North 

Moore Street, Arlington, VA 22209– 

1762; telephone: 703–525–1695; fax: 

703–528–2148; Web site: http:// 

www.safetyequipment.org. 

(11) ANSI Z89.1–1986, American 

National Standard for Personnel 

Protection—Protective Headwear for 

Industrial Workers—Requirements; IBR 

approved for § 1917.93(b)(1)(iii). 

(12) ASME B56.1, 1959, Safety Code 

for Powered Industrial Trucks, pages 8 

and 13; IBR approved for § 1917.50(j)(1). 

(c) Copies of the following standards 

are available for purchase from ASTM 

International, 100 Barr Harbor Drive, 

P.O. Box C700, West Conshohocken, PA 

19428–2959; telephone: 610–832–9585; 

fax: 610–832–9555; e-mail: 

seviceastm.org; Web site: http:// 

www.astm.org: 

(1) ASTM F–2412–2005, Standard 

Test Methods for Foot Protection; IBR 

approved for § 1917.94(b)(1)(i). 

(2) ASTM F–2413–2005, Standard 

Specification for Performance 

Requirements for Protective Footwear; 

IBR approved for § 1917.94(b)(1)(i). 

Subpart E—[Amended] 

■ 19. Revise paragraph (a)(1) of 

§ 1917.91 to read as follows: 

§ 1917.91 Eye and face protection. 

(a)(1)(i) The employer shall ensure 

that each affected employee uses 

protective eye and face protection 

devices that comply with any of the 

following consensus standards: 

(A) ANSI Z87.1–2003, ‘‘American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection,’’ which is incorporated 

by reference in § 1917.3; 

(B) ANSI Z87.1–1989 (R–1998), 

‘‘American National Standard Practice 

for Occupational and Educational Eye 

and Face Protection,’’ which is 

incorporated by reference in § 1917.3; or 

(C) ANSI Z87.1–1989, ‘‘American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection,’’ which is incorporated 

by reference in § 1917.3. 

(ii) Protective eye and face protection 

devices that the employer demonstrates 

are at least as effective as protective eye 

and face protection devices that are 

constructed in accordance with one of 

the above consensus standards will be 

deemed to be in compliance with the 

requirements of this section. 

* * * * * 

■ 20. Revise paragraph (b) of § 1917.93 

to read as follows: 

§ 1917.93 Head protection. 

* * * * * 

(b)(1) The employer must ensure that 

head protection complies with any of 

the following consensus standards: 

(i) ANSI Z89.1–2003, ‘‘American 

National Standard for Industrial Head 

Protection,’’ which is incorporated by 

reference in § 1917.3; 

(ii) ANSI Z89.1–1997, ‘‘American 

National Standard for Industrial Head 

Protection,’’ which is incorporated by 

reference in § 1917.3; or 

(iii) ANSI Z89.1–1986, ‘‘American 

National Standard for Personnel 

Protection—Protective Headwear for 

Industrial Workers—Requirements,’’ 

which is incorporated by reference in 

§ 1917.3. 

(2) Head protection devices that the 

employer demonstrates are at least as 

effective as head protection devices that 

are constructed in accordance with one 

of the above consensus standards will 

be deemed to be in compliance with the 

requirements of this section. 

* * * * * 


jlentini on DSKJ8SOYB1PROD with RULES
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■ 21. Revise paragraph (b) of § 1917.94 

to read as follows: 

§ 1917.94 Foot protection. 

* * * * * 

(b)(1) The employer must ensure that 

protective footwear complies with any 

of the following consensus standards: 

(i) ASTM F–2412–2005, ‘‘Standard 

Test Methods for Foot Protection,’’ and 

ASTM F–2413–2005, ‘‘Standard 

Specification for Performance 

Requirements for Protective Footwear,’’ 

which are incorporated by reference in 

§ 1917.3; 

(ii) ANSI Z41–1999, ‘‘American 

National Standard for Personal 

Protection—Protective Footwear,’’ 

which is incorporated by reference in 

§ 1917.3; or 

(iii) ANSI Z41–1991, ‘‘American 

National Standard for Personal 

Protection—Protective Footwear,’’ 

which is incorporated by reference in 

§ 1917.3. 

(2) Protective footwear that the 

employer demonstrates is at least as 

effective as protective footwear that is 

constructed in accordance with one of 

the above consensus standards will be 

deemed to be in compliance with the 

requirements of this section. 

PART 1918—[AMENDED] 

■ 22. Revise the authority citation for 

part 1918 to read as follows: 

Authority: Section 41, Longshore and 

Harbor Workers’ Compensation Act (33 

U.S.C. 941); Sections 4, 6, and 8 of the 

Occupational Safety and Health Act of 1970 

(29 U.S.C. 653, 655, 657); Secretary of Labor’s 

Orders 12–71 (36 FR 8754), 8–76 (41 FR 

25059), 9–83 (48 FR 35736), 1–90 (55 FR 

9033), 6–96 (62 FR 111), 3–2000 (65 FR 

50017), 5–2002 (67 FR 65008), or 5–2007 (72 

FR 31160), as applicable; and 29 CFR part 

1911. 

Subpart A—[Amended] 

■ 23. Amend 1918.3 as follows: 

■ a. Revise paragraphs (a)(2), (a)(3), and 

(a)(4). 

■ b. Revise paragraph (b) introductory 

text. 

■ c. Revise paragraphs (b)(4) through 

(b)(6). 

■ d. Add new paragraphs (b)(7) through 

(b)(11). 

■ e. Add new paragraph (c). 

The revisions and additions read as 

follows: 

§ 1918.3 Incorporation by reference. 

(a) * * * 

(2) The standards listed in paragraph 

(b) of this section are incorporated by 

reference in the corresponding sections 

noted as the sections exist on the date 

of the approval, and a notice of any 

change in these standards will be 

published in the Federal Register. The 

Director of the Federal Register 

approved these incorporations by 

reference in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. 

(3) Any changes in the standards 

incorporated by reference in this part 

and an official historic file of such 

changes are available for inspection in 

the Docket Office at the national office 

of the Occupational Safety and Health 

Administration, U.S. Department of 

Labor, Washington, DC 20910; 

telephone: 202–693–2350 (TTY number: 

877–889–5627). 

(4) Copies of standards listed in this 

section and issued by private standards 

organizations are available for purchase 

from the issuing organizations at the 

addresses or through the other contact 

information listed below for these 

private standards organizations. In 

addition, these standards are available 

for inspection at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material at NARA, telephone: 202– 

741–6030, or go to http:/ 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. Also, the standards 

are available for inspection at any 

Regional Office of the Occupational 

Safety and Health Administration 

(OSHA), or at the OSHA Docket Office, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Room N– 

2625, Washington, DC 20210; telephone: 

202–693–2350 (TTY number: 877–889– 

5627). (b) Except as noted, copies of the 

standards listed below in this paragraph 

are available for purchase from the 

American National Standards Institute 

(ANSI), 25 West 43rd Street, 4th Floor, 

New York, NY 10036; telephone: 212– 

642–4900; fax: 212–398–0023; Web site: 

* * * * * 

(4) ANSI Z41–1999, American 

National Standard for Personal 

Protection—Protective Footwear; IBR 

approved for § 1918.104(b)(1)(ii). Copies 

of ANSI Z41–1999 are available for 

purchase only from the National Safety 

Council, P.O. Box 558, Itasca, IL 60143– 

0558; telephone: 1–800–621–7619; fax: 

708–285–0797; Web site: http:// 

www.nsc.org. 

(5) ANSI Z41–1991, American 

National Standard for Personal 

Protection—Protective Footwear; IBR 

approved for § 1918.104(b)(1)(iii). 

Copies of ANSI Z41–1991 are available 

for purchase only from the National 

Safety Council, P.O. Box 558, Itasca, IL 

60143–0558; telephone: 1–800–621– 

7619; fax: 708–285–0797; Web site: 

http://www.nsc.org. 

(6) ANSI Z87.1–2003, American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection; IBR approved for 

§ 1918.101(a)(1)(i)(A). Copies of ANSI 

Z87.1–2003 are available for purchase 

only from the American Society of 

Safety Engineers, 1800 East Oakton 

Street, Des Plaines, IL 60018–2187; 

telephone: 847–699–2929; or from the 

International Safety Equipment 

Association (ISEA), 1901 North Moore 

Street, Arlington, VA 22209–1762; 

telephone: 703–525–1695; fax: 703– 

528–2148; Web site: http:// 

www.safetyequipment.org. 

(7) ANSI Z87.1–1989 (R–1998), 

American National Standard Practice for 

Occupational and Educational Eye and 

Face Protection; IBR approved for 

§ 1918.101(a)(1)(i)(B). Copies of ANSI 

Z87.1–1989 (R1998) are available for 

purchase only from the American 

Society of Safety Engineers, 1800 East 

Oakton Street, Des Plaines, IL 60018– 

2187; telephone: 847–699–2929. 

(8) ANSI Z87.1–1989, American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection; IBR approved for 

§ 1918.101(a)(1)(i)(C). Copies of ANSI 

Z87.1–1989 are available for purchase 

only from the American Society of 

Safety Engineers, 1800 East Oakton 

Street, Des Plaines, IL 60018–2187; 

telephone: 847–699–2929. 

(9) ANSI Z89.1–2003, American 

National Standard for Industrial Head 

Protection; IBR approved for 

§ 1918.103(b)(1)(i). Copies of ANSI 

Z89.1–2003 are available for purchase 

only from the International Safety 

Equipment Association, 1901 North 

Moore Street, Arlington, VA 22209– 

1762; telephone: 703–525–1695; fax: 

703–528–2148; Web site: http:// 

www.safetyequipment.org. 

(10) ANSI Z89.1–1997, American 

National Standard for Industrial Head 

Protection; IBR approved for 

§ 1918.103(b)(1)(ii). Copies of ANSI 

Z89.1–1997 are available for purchase 

only from the International Safety 

Equipment Association, 1901 North 

Moore Street, Arlington, VA 22209– 

1762; telephone: 703–525–1695; fax: 

703–528–2148; Web site: http:// 

www.safetyequipment.org. 

(11) ANSI Z89.1–1986, American 

National Standard for Personnel 

Protection—Protective Headwear for 

Industrial Workers—Requirements; IBR 

approved for § 1918.103(b)(1)(iii). 

(c) Copies of the following standards 

are available for purchase from ASTM 

International, 100 Barr Harbor Drive, 

P.O. Box C700, West Conshohocken, PA 

19428–2959; telephone: 610–832–9585; 

fax: 610–832–9555; e-mail: 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 46361 

seviceastm.org; Web site: http:// 

www.astm.org. 

(1) ASTM F–2412–2005, Standard 

Test Methods for Foot Protection; IBR 

approved for § 1917.94(b)(1)(i). 

(2) ASTM F–2413–2005, Standard 

Specification for Performance 

Requirements for Protective Footwear; 

IBR approved for § 1917.94(b)(1)(i). 

Subpart J—[Amended] 

■ 24. Revise paragraph (a)(1) of 

§ 1918.101 to read as follows: 

§ 1918.101 Eye and face protection. 

(a) * * * 

(1)(i) Employers must ensure that 

each employee uses appropriate eye 

and/or face protection when the 

employee is exposed to an eye or face 

hazard, and that protective eye and face 

devices comply with any of the 

following consensus standards: 

(A) ANSI Z87.1–2003, ‘‘American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection,’’ which is incorporated 

by reference in § 1918.3; 

(B) ANSI Z87.1–1989 (R1998), 

‘‘American National Standard Practice 

for Occupational and Educational Eye 

and Face Protection,’’ which is 

incorporated by reference in § 1918.3; or 

(C) ANSI Z87.1–1989, ‘‘American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection,’’ which is incorporated 

by reference in § 1918.3. 

(ii) Protective eye and face protection 

devices that the employer demonstrates 

are at least as effective as protective eye 

and face protection devices that are 

constructed in accordance with one of 

the above consensus standards will be 

deemed to be in compliance with the 

requirements of this section. 

* * * * * 

■ 25. Revise paragraph (b) of § 1918.103 

to read as follows: 

§ 1918.103 Head protection. 

* * * * * 

(b)(1) The employer must ensure that 

head protection complies with any of 

the following consensus standards: 

(i) ANSI Z89.1–2003, ‘‘American 

National Standard for Industrial Head 

Protection,’’ which is incorporated by 

reference in § 1918.3; 

(ii) ANSI Z89.1–1997, ‘‘American 

National Standard for Industrial Head 

Protection,’’ which is incorporated by 

reference in § 1918.3; or 

(iii) ANSI Z89.1–1986, ‘‘American 

National Standard for Personnel 

Protection—Protective Headwear for 

Industrial Workers—Requirements,’’ 

which is incorporated by reference in 

§ 1918.3. 

(2) Head protection devices that the 

employer demonstrates are at least as 

effective as head protection devices that 

are constructed in accordance with one 

of the above consensus standards will 

be deemed to be in compliance with the 

requirements of this section. 

* * * * * 

■ 26. Revise paragraph (b) of § 1918.104 

to read as follows: 

§ 1918.104 Foot protection. 

* * * * * 

(b)(1) The employer must ensure that 

protective footwear complies with any 

of the following consensus standards: 

(i) ASTM F–2412–2005, ‘‘Standard 

Test Methods for Foot Protection,’’ and 

ASTM F–2413–2005, ‘‘Standard 

Specification for Performance 

Requirements for Protective Footwear,’’ 

which are incorporated by reference in 

§ 1918.3; 

(ii) ANSI Z41–1999, ‘‘American 

National Standard for Personal 

Protection—Protective Footwear,’’ 

which is incorporated by reference in 

§ 1918.3; or 

(iii) ANSI Z41–1991, ‘‘American 

National Standard for Personal 

Protection—Protective Footwear,’’ 

which is incorporated by reference in 

§ 1918.3. 

(2) Protective footwear that the 

employer demonstrates is at least as 

effective as protective footwear that is 

constructed in accordance with one of 

the above consensus standards will be 

deemed to be in compliance with the 

requirements of this section. 

[FR Doc. E9–21360 Filed 9–8–09; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

31 CFR Part 538 

Sudanese Sanctions Regulations 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Treasury’s Office of Foreign Assets 

Control (‘‘OFAC’’) is amending the 

Sudanese Sanctions Regulations by 

issuing a general license that authorizes 

the exportation and reexportation of 

agricultural commodities, medicine, and 

medical devices to the Specified Areas 

of Sudan, as well as the conduct of 

related transactions. The Specified 

Areas of Sudan are defined as Southern 

Sudan, Southern Kordofan/Nuba 

Mountains State, Blue Nile State, Abyei, 

Darfur, and marginalized areas in and 

around Khartoum. OFAC also is making 

conforming changes to the Sudanese 

Sanctions Regulations to reflect this 

authorization. 

DATES: Effective Date: September 9, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director for Compliance, 

Outreach and Implementation, tel.: 202/ 

622–2490, Assistant Director for 

Licensing, tel.: 202/622–2480, Assistant 

Director for Policy, tel.: 202/622–4855, 

Office of Foreign Assets Control, or 

Chief Counsel (Foreign Assets Control), 

tel.: 202/622–2410, Office of the General 

Counsel, Department of the Treasury 

(not toll free numbers). 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

available from OFAC’s Web site 

(http://www.treas.gov/ofac) or via 

facsimile through a 24-hour fax-ondemand service, tel.: 202/622–0077. 

Background 

The Sudanese Sanctions Regulations, 

31 CFR part 538 (the ‘‘SSR’’), were 

promulgated to implement Executive 

Order 13067 of November 3, 1997 (62 

FR 59989, November 5, 1997) (‘‘E.O. 

13067’’), in which the President 

declared a national emergency with 

respect to the policies and actions of the 

Government of Sudan. 

To deal with that emergency, E.O. 

13067 imposed comprehensive trade 

sanctions with respect to Sudan and 

blocked all property and interests in 

property of the Government of Sudan in 

the United States or within the 

possession or control of United States 

persons. 

Subsequently, on October 13, 2006, 

the President signed the Darfur Peace 

and Accountability Act of 2006 (Pub. L. 

109–344, 120 Stat. 1869) (‘‘DPAA’’) and 

issued Executive Order 13412 of 

October 13, 2006 (71 FR 61369, October 

17, 2006) (‘‘E.O. 13412’’). The DPAA 

and E.O. 13412, inter alia, exempt the 

Specified Areas of Sudan from certain 

prohibitions set forth in E.O. 13067, and 

define the term Specified Areas of 

Sudan to include Southern Sudan, 

Southern Kordofan/Nuba Mountains 

State, Blue Nile State, Abyei, Darfur, 

and marginalized areas in and around 

Khartoum. While E.O. 13412 exempted 

the Specified Areas of Sudan from 

certain prohibitions in E.O. 13067, it 

continued the country-wide blocking of 

the Government of Sudan’s property 

and interests in property and imposed a 

new country-wide prohibition on 


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