[Federal Register Volume 65, Number 127 (Friday, June 30, 2000)]
[Rules and Regulations]
[Pages 40936-40951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16545]



[[Page 40935]]

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Part IX





Department of Labor





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Occupational Safety and Health Administration



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29 CFR Parts 1917, 1918, and 1919



Longshoring, Marine Terminals, and Gear Certification; Final Rule

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules 
and Regulations

[[Page 40936]]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1917, 1918, and 1919

[Docket No. S-025]
RIN 1218-AA56


Longshoring, Marine Terminals, and Gear Certification

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

ACTION: Final rule; technical amendments.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) 
comprehensively revised its Safety and Health Regulations for 
Longshoring and those parallel sections of its Marine Terminals 
Standard with the publication of a final rule in the Federal Register 
on July 25, 1997. These rules address cargo handling and related 
activities conducted aboard vessels (the Longshoring Standard) and 
landside operations at marine terminals (the Marine Terminals 
Standard). The final rule contained typographical and other errors. 
This document corrects those errors. This document also corrects 
several cross-references to the rules that are found in the rules on 
gear certification. These cross-references are changed because the 
referenced section numbers have changed as a result of the revisions to 
the longshoring and marine terminals rules.

DATES: Effective on June 30, 2000. The Incorporation By Reference of a 
publication listed in the regulations is approved by the Director of 
the Federal Register as of June 30, 2000.

FOR FURTHER INFORMATION CONTACT: Paul Rossi, Office of Maritime Safety 
Standards, Room N 3609, 200 Constitution Avenue, NW, Washington, DC 
20210, Telephone (202) 693-2086 (not a toll-free call).

SUPPLEMENTARY INFORMATION: This document makes technical amendments to 
Parts 29 CFR 1917, 29 CFR 1918, and 29 CFR Part 1919. OSHA 
comprehensively revised 29 CFR parts 1917 and 1918 on July 25, 1997 (62 
FR 40142). In accordance with the rulemaking provisions of the 
Administrative Procedure Act (5 U.S.C. Sec. 553) and 29 CFR 1911.5, 
OSHA hereby finds good cause to publish these amendments without any 
further delay or public procedure. No stakeholder is likely to object 
to these amendments, as will be demonstrated in the following 
description of the technical amendments. In fact, the need for many of 
these amendments was pointed out to OSHA by stakeholders.
    The types of amendments fall into nine basic categories: (1) 
Corrections of errors where text was inadvertently omitted or 
incorrectly spelled; (2) corrections of incorrect citations or cross-
references; (3) corrections to provide parallel language between the 
two Parts (Part 1917 and Part 1918, Marine Terminals and Longshoring 
Operations, respectively) where the regulatory intent is identical; (4) 
corrections to eliminate a duplicative requirement; (5) corrections to 
revise mandatory language where the language was only intended to be 
illustrative; (6) clarifications of regulatory text to better reflect 
the regulatory intent; (7) technical drafting corrections; (8) 
corrections of errors made when converting from English units to metric 
units; and (9) editorial corrections to Safe Working Load Tables and 
Charts.
    The first category, errors where text was inadvertently omitted or 
incorrectly spelled, includes ten of the amendments (because some of 
the amendments involve multiple revisions, amendments may fall into 
more than one category). Amendment #4 corrects the acronym for 
Incorporation By Reference to IBR. Amendment #4 also adds one 
Incorporation By Reference approval that was inadvertently omitted. 
Amendment #8 and the first part of amendment #46 correct the ``a'' in 
the reference ``Note to paragraph a'' from a capital ``a'' to a lower 
case ``a.'' Similarly, amendment #33 corrects the ``b'' in the 
reference ``Note to paragraph b'' from a capital ``b'' to a lower case 
``b,'' and the second part of amendment #48 corrects the ``f'' in the 
reference ``Note to paragraph f'' from a capital ``f'' to a lower case 
``f.'' The second part of amendment #14 and the second part of 
amendment #45 add identical sentences to each Part (Parts 1917 and 
1918) requiring inspection and retesting following the repair of 
damaged special stevedoring gear. The sentence states, ``In addition, 
any special stevedoring gear that suffers damage necessitating 
structural repair shall be inspected and retested after repair and 
before being returned to service.'' This requirement was proposed to be 
included in section 1917.50, paragraph (c)(5)(i) and in section 
1918.61, paragraph (f)(1) and received only favorable comment. The 
final rule inadvertently failed to include this requirement in the two 
rules. The first part of amendment #3 and amendment #16 correct a 
typographical error in the former standard that was included in the 
final rule and not identified until after publication. These amendments 
replace the term ``brailwater'' with the correct term, ``bailwater.'' 
The third part of amendment #43 corrects a typographical error by 
changing the words ``greater than'' to ``less than'' in an exception to 
the rules of cargo hooks that now correctly reads: ``Exception: This 
provision shall not apply when the construction of the vessel and the 
operation in progress are such that fall angles are less than 120 
degrees.'' This correction reflects the correct wording of the 
exception in the former rule as well as the proposed rule.
    The third part of amendment #46 adds an exception to the 
requirement for positively securing the pins of screw pin shackles. The 
exception was in the former and proposed rules and was inadvertently 
left out of the final rule. The fourth part of amendment #46 adds the 
words ``Exception: Manufacturers'' test certificates indicating 
performance to the criteria in Sec. 1919.31 (a), (c) and (d) shall be 
acceptable.'' This exception was in the proposed rule and was 
inadvertently left out of the final rule.
    Amendment #49 adds the words ``a closed'' so that the text now 
reads ``* * * equipped with switches of a type that must be manually 
held in a closed position.'' The words ``a closed'' were in the former 
rule and the proposed rule, but were inadvertently omitted in the final 
rule.
    The second part of amendment #51 adds a type of ramp (bow) that was 
inadvertently omitted in both the proposal and the final rule but more 
accurately reflects the regulatory intent of the overall provision.
    The second category, incorrect citations or cross-references, 
includes eleven amendments. Amendments #2, #5, and #6 correct 
references to paragraphs in the final rule's definition section; in the 
final rule, definitions appeared in alphabetical, rather than 
numerical, order. The first part of amendment #14 amends the section 
heading of Sec. 1917.50 by adding a reference to a new chart in newly 
added Appendix I of Part 1917. This chart replaces a simple reference 
that was in Appendix IV in Part 1918 citing its applicability to Part 
1917. The first part of amendment #9, the second part of amendment #15, 
amendment #17, the first part of amendment #41, the first part of 
amendment #50, the first part of amendment #55, and amendment #56 
correct simple cross-referencing errors.
    Amendments #61 and #62 correct cross-references found in Part 1919, 
Gear Certification, to sections in Parts 1917 and 1918. These cross-
references have changed because of the final rule's revisions to Parts 
1917 and 1918.

[[Page 40937]]

    The third category, corrections to provide parallel language 
between the two Parts (Part 1917 and Part 1918, Marine Terminals and 
Longshoring) where the regulatory intent is identical, includes six 
amendments. The second part of amendment #9 adds a footnote to Part 
1917 addressing the emergency action plan requirement that was intended 
to be identical to the corresponding footnote in the Longshoring rule.
    The eighth part of amendment #14 adds parallel language that 
exempts certain types of cargo handling gear from the certification 
requirements of Sec. 1917.50. This includes gear used only for handling 
or holding hoses, handling ship's stores or handling the gangway. OSHA 
intended that this exemption apply to both longshoring and marine 
terminals. This amendment carries over the exemptions as found in the 
Longshoring Regulations, in Sec. 1918.2, under the definition of 
``Vessels's cargo handling gear.''
    The second part of amendment #55 corrects editorially the parallel 
footnote in Part 1918. The second part of amendment #11 makes the 
regulatory language addressing the hazard of employees riding elevated 
powered industrial trucks identical in both Parts. Amendment #31 adds 
the previously mentioned chart at the end of Part 1917 titled: 
``Special Cargo Gear and Container Spreader Test Requirements,'' as 
newly added Appendix I. This chart closely parallels the chart found in 
Part 1918, Appendix IV. This amendment also replaces a reference to 
Part 1917 in the introductory language to Appendix IV in Part 1918, 
with the actual chart being added to the end of Part 1917. The first 
part of amendment #48 adds a sentence concerning holding brakes to Part 
1918, which is found in the parallel section in Part 1917.
    The fourth category, eliminating a duplicative requirement, 
involves two amendments. The second part of amendment #3 moves a 
repeated definition of ``dockboards'' from Sec. 1917.124(b) to the 
definitions section (Sec. 1917.2) and also corrects the existing 
definition in Sec. 1917.2 by adding language that was inadvertently 
omitted but was in the definition that was in Sec. 1917.124. The scope 
section's incorporation by reference of OSHA's general industry 
standard on the servicing of multi-piece and single-piece rim wheels 
makes the inclusion of the text of these requirements in this Part 
unnecessary. Amendment #12 adds a reference to the scope section of 
Part 1917 that cross-references the servicing of multi-piece and 
single-piece rim wheels in Part 1910.
    The fifth category, correcting mandatory language where 
illustrative language was intended, includes the first part of 
amendment #15 and the third part of amendment #51. This change involves 
language in a Note that was intended merely to provide an example of 
what would be acceptable, but was inadvertently expressed in mandatory 
language. The amendments address parallel sections in both Parts (Part 
1917 and Part 1918, Marine Terminals and Longshoring Operations) that 
require the use of high visibility vests.
    The sixth category, clarifying regulatory text to better reflect 
regulatory intent, includes five amendments. The first and second part 
of amendment #18 and amendment #57 make it clear that any Personal 
Flotation Devices used must be marked for use as work vests, for 
commercial use, or for use on vessels. Amendment #44 replaces the term 
``gypsy head'' with the more appropriate term ``winch head.'' The third 
part of amendment #46 replaces the word ``moused'' with the more 
appropriate term ``positively secured.'' Amendment 59 rearranges the 
chart in mandatory Appendix IV titled ``Special Cargo Gear and 
Container Spreader Test Requirements.'' The reference to the charts' 
applicability to Sec. 1917.50 has been deleted and the actual chart has 
been added to the end of Part 1917 (see amendment #31). The symbol 
``>'' is replaced by the words ``greater than'' to avoid confusion, the 
table heading is rearranged for clarity, and a Note to Appendix IV is 
added to clarify how special gear that was in use prior to the 
publication of the current rule is assumed to have been tested.
    The seventh category, technical drafting corrections, includes four 
amendments. The first part of amendment #26 deletes two definitions 
that were moved to the definitions section (Sec. 1917.2) and reserves 
the paragraph that the definitions were in. The first part of amendment 
#51 and amendment #52, which contained a footnote explaining the term 
``Ro-Ro'' operations,'' is replaced by a reference to the definitions 
section. The third part of amendment #34 adds the term ``Ro-Ro 
operations'' and a definition of these operations to the definition 
section of the Longshoring rule.
    The eighth category includes corrections of errors that were made 
when converting from English units to metric units. This includes 
errors in conversion calculations, changes to different units for the 
purpose of consistency, and changing from one decimal place to two 
decimal places for the purpose of consistency. The amendments are: the 
second parts of #3; #7; the first, third, and fourth parts of amendment 
#10; the first and third parts of #11; #13; the second, third, fourth, 
fifth, sixth and seventh parts of #14; the third part of #15; the 
first, second, third, and fourth parts of #19; the first, second, and 
third parts of #20; #21; #22; #23; #24; #25; the second parts of #26; 
#27; #28; #29; #30; #31; the first and second parts of #34; #35/36; 
#37; #38; #39; the first and second parts of #40; #41; the first and 
second parts of #43; #45; #47; the second and third parts of #50, and 
the first and second parts of #53.
    The ninth, and final category, corrects numerical errors in the 
Safe Working Load Tables and Charts. This includes amendments #10 and 
the first and third parts of #57.

    Authority: This document has been prepared under the direction 
of Charles N. Jeffress, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Avenue, NW, Washington, D.C. 20210. These technical 
amendments are made pursuant to sections 4, 6 and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657), section 41 of the Longshore and Harbor Workers' Compensation 
Act (33 U.S.C. 941), Secretary of Labor's Order No. 6-96 (62 FR 
111), and 29 CFR Part 1911.

List of Subjects

29 CFR Part 1917

    Freight, Hazardous substances, Incorporation By Reference, 
Longshore and harbor workers, Occupational safety and health, Reporting 
and recordkeeping requirements.

29 CFR Part 1918

    Freight, Hazardous substances, Longshore and harbor workers, 
Occupational safety and health, Reporting and recordkeeping 
requirements, Vessels.

29 CFR Part 1919

    Freight, Longshore and harbor workers, Occupational safety and 
health, Reporting and recordkeeping requirements, Vessels.

    Signed at Washington, DC this 19th day of June, 2000.
Charles N. Jeffress,
Assistant Secretary of Labor.


    Accordingly, we are making the following technical amendments to 29 
CFR Parts 1917, 1918, and 1919 as set forth below:

PART 1917--MARINE TERMINALS

    1. The authority citation for Part 1917 continues to read in part 
as follows:

    Authority: Sec. 41, Longshore and Harbor Workers' Compensation 
Act (33 U.S.C. 941);

[[Page 40938]]

Secs. 4, 6, 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), or 6-96 (62 FR 111), as 
applicable; 29 CFR Part 1911.
* * * * *

    2. In Sec. 1917.1, revise paragraph (a) introductory text to read 
as follows:


Sec. 1917.1  Scope and applicability.

    (a) The regulations of this part apply to employment within a 
marine terminal as defined in Sec. 1917.2, including the loading, 
unloading, movement or other handling of cargo, ship's stores or gear 
within the terminal or into or out of any land carrier, holding or 
consolidation area, any other activity within and associated with the 
overall operation and functions of the terminal, such as the use and 
routine maintenance of facilities and equipment. All cargo transfer 
accomplished with the use of shore-based material handling devices 
shall be regulated by this part.
* * * * *

    3. In Sec. 1917.2, revise the definition of Confined space, remove 
the definition of Dockboard, and add definitions of Dockboards and 
Ramps in alphabetical order to read as follows:


Sec. 1917.2  Definitions.

* * * * *
    Confined space means:
    (1) A space having all of the following characteristics:
    (i) Small size;
    (ii) Severely limited natural ventilation;
    (iii) Capability to accumulate or contain a hazardous atmosphere;
    (iv) Exits that are not readily accessible; and
    (v) A design not meant for continuous human occupancy.
    (2) Examples of confined spaces are intermodal tank containers, 
bailwater tanks and portable tanks.
* * * * *
    Dockboards (car and bridge plates) mean devices for spanning short 
distances between rail cars or highway vehicles and loading platforms 
that do not expose employees to falls greater than 4 feet (1.22 m).
* * * * *
    Ramps mean other flat-surface devices for passage between levels 
and across openings not covered under ``dockboards.''

    4. In Sec. 1917.3, revise paragraph (b) to read as follows:


Sec. 1917.3  Incorporation by reference.

* * * * *
    (b) The following material is available for purchase from the 
American National Standards Institute (ANSI), 11 West 42nd St., New 
York, NY 10036:
    (1) ANSI A14.1-1990, Safety Requirements for Portable Wood Ladders; 
IBR approved for Sec. 1917.119(c).
    (2) ANSI A14.2-1990, Safety Requirements for Portable Metal 
Ladders; IBR approved for Sec. 1917.119(c).
    (3) ANSI A14.5-1992, Safety Requirements for Portable Reinforced 
Plastic Ladders; IBR approved for Sec. 1917.119(c).
    (4) ANSI Z-87.1-1989, Practice for Occupational and Educational Eye 
and Face Protection; IBR approved for Sec. 1917.91(a)(1).
    (5) ANSI Z-89.1-1986, Personnel Protection-Protective Headwear for 
Industrial Workers-Requirements; IBR approved for Sec. 1917.93(b).
    (6) ANSI Z-41-1991, American National Standard for Personal 
Protection-Protective Footwear; IBR approved for Sec. 1917.94(b).
    (7) ASME B56.1, 1959, Safety Code for Powered Industrial Trucks, 
pages 8 and 13; IBR approved for Sec. 1917.50(j)(1).

    5. In Sec. 1917.23, revise the section heading and paragraph (a) to 
read as follows:


Sec. 1917.23  Hazardous atmospheres and substances (see also 
Sec. 1917.2 Hazardous cargo, material, substance or atmosphere).

    (a) Purpose and scope. This section covers areas in which the 
employer is aware that a hazardous atmosphere or substance may exist, 
except where one or more of the following sections apply: Sec. 1917.22 
Hazardous cargo; Sec. 1917.24 Carbon monoxide; Sec. 1917.25 Fumigants, 
pesticides, insecticides and hazardous preservatives; Sec. 1917.73 
Terminal facilities handling menhaden and similar species of fish; 
Sec. 1917.152 Welding, cutting, and heating (hot work); and 
Sec. 1917.153 Spray painting.
* * * * *

    6. The section heading to Sec. 1917.25 is revised to read as 
follows:


Sec. 1917.25  Fumigants, pesticides, insecticides and hazardous 
preservatives (see also Sec. 1917.2 Hazardous cargo, material, 
substance or atmosphere).

* * * * *

    7. In Sec. 1917.26, revise paragraph (f) to read as follows:


Sec. 1917.26  First aid and lifesaving facilities.

* * * * *
    (f) A U.S. Coast Guard approved 30-inch (76.2 cm) life ring, with 
at least 90 feet (27.43m) of line attached, shall be available at 
readily accessible points at each waterside work area where the 
employees' work exposes them to the hazard of drowning. Employees 
working on any bridge or structure leading to a detached vessel 
berthing installation shall wear U.S. Coast Guard approved personal 
flotation devices except where protected by railings, nets, or safety 
belts and lifelines. A readily available portable or permanent ladder 
giving access to the water shall also be provided within 200 feet (61 
m) of such work areas.

    8. In Sec. 1917.27, revise the Note to paragraph (a)(2) to read as 
follows:


Sec. 1917.27  Personnel.

    (a) * * *
    (2) * * *

    Note to paragraph (a)(2): OSHA is defining suddenly 
incapacitating medical ailments consistent with the Americans with 
Disabilities Act (ADA), 42 U.S.C. 12101 (1990). Therefore, employers 
who act in accordance with the employment provisions (Title I) of 
the ADA (42 U.S.C. 12111-12117), the regulations implementing Title 
I (29 CFR Part 1630), and the Technical Assistance Manual for Title 
I issued by the Equal Employment Opportunity Commission (Publication 
number: EEOC--M1A), will be considered as being in compliance with 
this paragraph.

* * * * *

    9. In Sec. 1917.30, revise paragraph (a)(1), and add footnote 3a to 
read as follows:


Sec. 1917.30  Emergency action plans.

    (a) Emergency action plans. (1) Scope and application. This 
paragraph (a) requires all employers to develop and implement an 
emergency action plan.\3a\ The emergency action plan shall be in 
writing (except as provided in paragraph (a)(5)(iv) of this section) 
and shall cover those designated actions employers and employees must 
take to ensure employee safety from fire and other emergencies.
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    \3a\ When an employer directs his employees to respond to an 
emergency that is beyond the scope of the Emergency Action Plan 
developed in accordance with this section, then Sec. 1910.120(q) of 
this chapter shall apply.
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* * * * *

    10. In Sec. 1917.42, revise TABLE C-1 in paragraph (b)(4), 
paragraph (d)(2), TABLE C-3 in paragraph (i)(2), and paragraph (k)(3) 
to read as follows:


Sec. 1917.42  Miscellaneous auxiliary gear.

* * * * *
    (b) * * *
    (4) * * *

[[Page 40939]]



                            Table C-1.--Number and Spacing of U-Bolt Wire Rope Clips
----------------------------------------------------------------------------------------------------------------
                                                  Minimum number of clips
  Improved plow steel, rope diameter (inches/  ----------------------------
                     (cm))                                        Other        Minimum  spacing (inches/(cm))
                                                 Drop forged    material
----------------------------------------------------------------------------------------------------------------
\1/2\ or less (1.3)...........................             3             4  3 (7.6)
\5/8\ (1.6)...................................             3             4  3\3/4\ (9.5)
\3/4\ (1.9)...................................             4             5  4\1/2\ (11.4)
\7/8\ (2.2)...................................             4             5  5\1/4\ (13.3)
1 (2.5).......................................             5             7  6 (15.2)
1\1/8\ (2.9)..................................             6             7  6\3/4\ (17.1)
1\1/4\ (3.2)..................................             6             8  7\1/2\ (19.1)
1\3/8\ (3.5)..................................             7             8  8\1/4\ (21.0)
1\1/2\ (3.8)..................................             7             9  9 (22.9)
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* * * * *
    (d) * * *
    (2)(i) Unless otherwise recommended by the manufacturer, when 
synthetic fiber ropes are substituted for fiber ropes of less than 
three inches (7.62 cm) in circumference, the substitute shall be of 
equal size. Where substituted for fiber rope of three inches or more in 
circumference, the size of the synthetic rope shall be determined from 
the formula:

[GRAPHIC] [TIFF OMITTED] TR30JN00.079

Where C = the required circumference of the synthetic rope in inches, 
Cs= the circumference to the nearest one-quarter inch of a synthetic 
rope having a breaking strength not less than that of the size fiber 
rope that is required by paragraph (c) of this section and Cm= the 
circumference of the fiber rope in inches that is required by paragraph 
(c) of this section.

    (ii) In making such substitution, it shall be ascertained that the 
inherent characteristics of the synthetic fiber are suitable for 
hoisting.
* * * * *
    (i) * * *
    (2) * * *

                                   Table C-3.--Safe Working Loads for Shackles
----------------------------------------------------------------------------------------------------------------
                          Material size                                    Pin diameter            Safe working
-------------------------------------------------------------------------------------------------  load in 2,000
                     Inches                            (cm)           Inches           (cm)           lb tons
----------------------------------------------------------------------------------------------------------------
\1/2\...........................................           (1.3)           \5/8\           (1.6)             1.4
\5/8\...........................................           (1.6)           \3/4\           (1.9)             2.2
\3/4\...........................................           (1.9)           \7/8\           (2.2)             3.2
\7/8\...........................................           (2.2)               1           (2.5)             4.3
1...............................................           (2.5)          1\1/8\           (2.9)             5.6
1\1/8\..........................................           (2.9)          1\1/4\           (3.2)             6.7
1\1/4\..........................................           (3.2)          1\3/8\           (3.5)             8.2
1\3/8\..........................................           (3.5)          1\1/2\           (3.8)            10.0
1\1/2\..........................................           (3.8)          1\5/8\           (4.1)            11.9
1\3/4\..........................................           (4.4)               2           (5.1)            16.2
2...............................................           (5.1)          2\1/4\           (5.7)            21.2
----------------------------------------------------------------------------------------------------------------

* * * * *
    (k) Pallets. * * *
    (3) Reusable wing or lip-type pallets shall be hoisted by bar 
bridles or other suitable gear and shall have an overhanging wing or 
lip of at least three inches (7.62cm). They shall not be hoisted by 
wire slings alone.
* * * * *

    11. In Sec. 1917.43, revise paragraphs (b)(3),(e)(1)(ii), 
(e)(6)(vi), and (g)(2)(i)(C) to read as follows:


Sec. 1917.43  Powered industrial trucks.

* * * * *
    (b) General. * * *
    (3) When a powered industrial truck is left unattended, load-
engaging means shall be fully lowered, controls neutralized and brakes 
set. Unless the truck is in view and within 25 feet (7.62 m) of the 
operator, power shall be shut off. Wheels shall be blocked or curbed if 
the truck is on an incline.
* * * * *
    (e) Fork lift trucks. (1) Overhead guards. * * *
    (ii) Overhead guards shall not obstruct the operator's view, and 
openings in the top of the guard shall not exceed six inches (15.24 cm) 
in one of the two directions, width or length. Larger openings are 
permitted if no opening allows the smallest unit of cargo being handled 
to fall through the guard.
* * * * *
    (6) Lifting of employees. * * *
    (vi) When the truck has controls elevated with the lifting 
carriage, means shall be provided for employees on the platform to shut 
off power to the vehicle.
* * * * *
    (g) Straddle trucks. * * *
    (2) * * *
    (C) The drive chain shall be enclosed to a height of eight feet 
(2.44 m) except for that portion at the lower half of the lower 
sprocket.
* * * * *

    12. In Sec. 1917.44, revise paragraph (o) introductory text to read 
as follows:


Sec. 1917.44  General rules applicable to vehicles.\4\
---------------------------------------------------------------------------

    \4\ The United States Coast Guard at 33 CFR 126.15(d) and (e) 
has additional regulations applicable to vehicles in terminals.
---------------------------------------------------------------------------

* * * * *
    (o) Servicing multi-piece and single piece rim wheels. Servicing of 
multi-

[[Page 40940]]

piece and single piece rim wheels is covered by Sec. 1910.177 of this 
chapter. (See Sec. 1917.1(a)(2)(xii)).
* * * * *

    13. In Sec. 1917.45, revise paragraphs (g)(8), (i)(5)(i)(A), 
(i)(5)(i)(B), (i)(5)(i)(C), and (j)(8) to read as follows:


Sec. 1917.45  Cranes and derricks (See also Sec. 1917.50).

* * * * *
    (g) * * *
    (8) Pedestrian clearance. If the track area is used for employee 
passage or for work, a minimum clearance of three feet (.91 m) shall be 
provided between trucks or the structures of rail-mounted cranes and 
any other structure or obstruction. When the required clearance is not 
available on at least one side of the crane's trucks, the area shall 
not be used and shall be marked and identified.
* * * * *
    (i) * * *
    (5) * * *
    (i) * * *
    (A) For lines rated 50 kV or below, minimum clearance between the 
lines and any part of the crane or load shall be 10 feet (3.05 m);
    (B) For lines rated over 50 kV, minimum clearance between the lines 
and any part of the crane or load shall be either 10 feet (3.05 m) plus 
0.4 inch (10.16 mm) for each 1 kV over 50 kV, or twice the length of 
the line insulator, but never less than 10 feet; and
    (C) In transit with no load and boom lowered, the clearance shall 
be a minimum of 4 feet (1.22 m).
* * * * *
    (j) * * *
    (8) When intermodal container spreaders are used to transfer 
employees to or from the tops of containers, the spreaders shall be 
equipped with a personnel platform equipped with fixed railings, 
provided that the railings have one or more openings for access. The 
openings shall be fitted with a means of closure, such as chains with 
hooks. Existing railings shall be at least 36 inches (0.91 m) in 
height. New railings installed after October 3, 1983 shall be 42 inches 
(1.07 m), plus or minus 3 inches (7.62 cm), in height. The provisions 
of paragraphs (j)(1)(iii)(C), (j)(1)(iii)(D), and (j)(1)(iii)(F) of 
this section also apply to personnel platforms when such container 
spreaders are used.
* * * * *

    14. In Sec. 1917.50, revise the section heading and paragraphs 
(c)(5)(i), (c)(5)(ii), (c)(5)(iv), (i)(2), (j)(1), (j)(2); and add new 
paragraph (j)(3) to read as follows:


Sec. 1917.50  Certification of marine terminal material handling 
devices (See also mandatory appendix I, of this part).

* * * * *
    (c) * * *
    (5) Special gear. (i) Special stevedoring gear provided by the 
employer, the strength of which depends upon components other than 
commonly used stock items such as shackles, ropes, or chains, and that 
has a Safe Working Load (SWL) greater than five short tons (10,000 lbs 
or 4.54 metric tons) shall be inspected and tested as a unit before 
initial use (see Table A in paragraph (c)(5)(ii) of this section). In 
addition, any special stevedoring gear that suffers damage 
necessitating structural repair shall be inspected and retested after 
repair and before being returned to service.
    (ii) Special stevedoring gear provided by the employer that has a 
SWL of five short tons (10,000 lbs or 4.54 metric tons) or less shall 
be inspected and tested as a unit before initial use according to 
paragraphs (d) and (e) of this section or by a designated person (see 
Table A in this paragraph (c)(5)(ii)).

                                                     Table A
----------------------------------------------------------------------------------------------------------------
                     Safe working load                                            Proof load
----------------------------------------------------------------------------------------------------------------
Up to 20 short tons (18.1metric tons)......................  25 percent in excess.
From 20 through 50 short tons (18.1 to 45.4 metric tons....  5 short tons in excess.
Over 50 short tons (45.4 metric tons)......................  10 percent in excess.
----------------------------------------------------------------------------------------------------------------

* * * * *
    (iv) All cargo handling gear covered by this section with a SWL 
greater than five short tons (10,000 lbs. or 4.54 metric tons) shall be 
proof load tested according to Table A of this section every 4 years in 
accordance with paragraph (b) of this section or by a designated 
person.
* * * * *
    (i) * * *
    (2) All cargo handling gear provided by the employer with a safe 
working load greater than five short tons (10,000 lbs. or 4.54 metric 
tons) shall have its safe working load plainly marked on it.
    (j) * * *
    (1) Small industrial crane trucks as described on page 8 and 
illustrated on page 13 of ASME B56.1, 1959, ``Safety Code for Powered 
Industrial Trucks'', and powered industrial trucks;
    (2) Any straddle truck not capable of straddling two or more 
intermodal containers 16 feet (4.88 m) in width; and
    (3) Gear used only for handling or holding hoses, handling ship's 
stores or handling the gangway.

    15. In Sec. 1917.71, revise the note to paragraph (e), paragraph 
(f) introductory text, and paragraph (f)(1)(i)(F) to read as follows:


Sec. 1917.71  Terminals handling intermodal containers or roll-on roll-
off operations.

* * * * *
    (e) * * *

    Note to paragraph (e): High visibility vests or equivalent 
protection means high visibility/retro-reflective materials which 
are intended to make the user clearly visible by day through the use 
of high visibility (fluorescent) material and in the dark by vehicle 
headlights through the use of retro-reflective material. For 
example, an acceptable area of material for a vest or equivalent 
protection is .5 m<SUP>2</SUP> (760 in.<SUP>2</SUP>) for fluorescent 
(background) material and .13m<SUP>2</SUP> (197 in.\2\) for retro-
reflective material. Vests or equivalent protection, such as high 
visibility/retro-reflective coveralls, that are available for 
industrial use, may also be acceptable.

    (f) Containers shall be handled using lifting fittings or other 
arrangements suitable and intended for the purpose as set forth in 
paragraphs (f)(1) through (f)(4) of this section, unless damage to an 
intermodal container makes special means of handling necessary.
    (1) * * *
    (i) * * *
    (F) The length of the spreader beam is at least 16.3 feet (5 m) for 
a 20-foot container, and at least 36.4 feet (11.1 m) for a 40-foot 
container.
* * * * *

    16. In Sec. 1917.73, revise the section heading, paragraphs (a)(1), 
(b), and (e) to read as follows:


Sec. 1917.73  Terminal facilities handling menhaden and similar species 
of fish (see also Sec. 1917.2, definition of hazardous cargo, material, 
substance or atmosphere).

    (a)(1) Tanks in terminal areas used for receiving or storing 
bailwater for

[[Page 40941]]

recirculating into vessel holds in discharging operations shall be 
opened or ventilated to minimize contamination of water circulated to 
the vessel. Bailwater tanks shall be thoroughly drained upon completion 
of each day's operations and shall be left open to the air. Drainage is 
unnecessary when bailwater has been treated to remove hydrogen sulfide-
producing contaminants and the efficiency of such treatment has been 
established by the employer.
* * * * *
    (b) Pipelines and hoses on the dock or terminal used for receiving 
and circulating used bailwater shall be completely drained upon 
completion of each day's operation and left open to the air.
* * * * *
    (e) Supervisory personnel shall be on hand at dockside to supervise 
discharging of bailwater from vessels.

    17. Revise Sec. 1917.92, to read as follows:


Sec. 1917.92  Respiratory protection.

    (See Sec. 1917.1(a)(2)(x)).

    18. In Sec. 1917.95, add a heading to paragraph (b) and revise 
paragraphs (b)(1) introductory text and (b)(2) to read as follows:


Sec. 1917.95  Other protective measures.

* * * * *
    (b) Personal flotation devices (PFDs). (1) The employer shall 
provide, and shall direct the wearing of PFDs for those employees, such 
as line handlers, who are engaged in work in which they may be pulled 
into the water:
* * * * *
    (2) PFDs (life preservers, life jackets, or work vests) worn by 
each affected employee must be United States Coast Guard (USCG) 
approved pursuant to 46 CFR part 160 (Type I, II, III, or V PFD) and 
marked for use as a work vest, for commercial use, or for use on 
vessels.
* * * * *

    19. In Sec. 1917.112, revise paragraphs (c)(3), (c)(4), (d) and (e) 
introductory text to read as follows:


Sec. 1917.112  Guarding of edges.

* * * * *
    (c) * * *
    (3) The top surface of guardrails installed before October 3, 1983, 
shall be at least 36 inches (0.91 m) high. Those installed after 
October 3, 1983, shall be 42 inches (1.07 m), plus or minus 2 inches 
(5.1 cm), high.
    (4) Any non-rigid railing such as chain or wire rope shall have a 
maximum sag limit at the mid-point between posts of not more than 6 
inches (15.24 cm).
* * * * *
    (d) Toeboards. Toeboards shall be provided when employees below 
could be exposed to falling objects such as tools. Toeboards shall be 
at least 3\1/2\ inches (8.9 cm) in height from top edge to floor level, 
and be capable of withstanding a force of 50 pounds (222 N) applied in 
any direction. Drainage clearance under toeboards is permitted.
    (e) Stair railings. Stair railings shall be capable of withstanding 
a force of at least 200 pounds (890 N) applied in any direction, and 
shall not be more than 36 inches (0.91 m) nor less than 32 inches (0.81 
m) in height from the upper top rail surface to the tread surface in 
line with the leading edge of the tread. Railings and midrails shall be 
provided at any stairway having four or more risers, as follows:
* * * * *

    20. In Sec. 1917.117, revise paragraphs (i), (j)(4), and (n) to 
read as follows:


Sec. 1917.117  Manlifts.

* * * * *
    (i) Emergency ladder. A fixed emergency ladder accessible from any 
position on the lift and in accordance with the requirements of 
Sec. 1917.118(d) shall be provided for the entire run of the manlift.
    (j) * * *
    (4) Landings shall be of sufficient size and strength to support 
250 pounds (1,112 N).
* * * * *
    (n) Top clearance. A clearance of at least 11 feet (3.35 m) shall 
be provided between the top landing and the ceiling.
* * * * *

    21. In Sec. 1917.118, revise paragraphs (d)(1)(i), (d)(1)(ii), 
(d)(2)(ii), (d)(4), (e)(2)(iii), (e)(3)(ii), (e)(5)(iii), (e)(5)(iv), 
and (f)(2) to read as follows:


Sec. 1917.118  Fixed ladders.

* * * * *
    (d) Ladder specifications. (1)(i) Ladders installed before October 
3, 1983, shall be capable of withstanding without damage a minimum 
concentrated load, applied uniformly over a 3\1/2\ inch (8.9 cm) width 
at the rung center, of 200 pounds (890 N).
    (ii) Ladders installed after October 3, 1983 shall be capable of 
withstanding 250 pounds (1,112 N) applied as described in paragraph 
(d)(1)(i) of this section. If used by more than one employee 
simultaneously, the ladder as a unit shall be capable of simultaneous 
additional loading in 250 pound (1,112 N) increments for each 
additional employee, applied to a corresponding number of rungs. The 
unit shall have a safety factor of four (4), based on ultimate 
strength, in the designed service.
    (2) * * *
    (ii) Ladders installed after October 3, 1983 shall have rungs 
evenly spaced from 12<plus-minus>2 inches (30.5<plus-minus>5.08 cm) 
apart, center to center.
* * * * *
    (4) The minimum distance between the rung center line and the 
nearest permanent object behind the rung shall be 4 inches (10.16 cm), 
except that in ladders installed after October 3, 1983, the minimum 
distance shall be 7 inches (17.78 cm) unless physical limitations make 
a lesser distance, not less than 4\1/2\ inches (11.43 cm), necessary.
* * * * *
    (e) Protection against falls. * * *
    (2) * * *
    (iii) A landing platform capable of supporting a load of 100 pounds 
per square foot (4.79 kPa) and fitted with guardrails complying with 
Sec. 1917.112(c) shall be provided at least every 30 feet (9.14 m), 
except as specified in paragraph (e)(2)(iv) of this section.
* * * * *
    (3) * * *
    (ii) Located at intervals of 150 feet (45.7 m) or less; and
* * * * *
    (5) * * *
    (iii) Extend at least 36 inches (0.91m) above landings; and
    (iv) Extend to within 8 feet (2.44 m) above the ground or base, 
except that a maximum of 20 feet (6.1 m) is permitted where the cage or 
well would extend into traffic lanes.
* * * * *
    (f) * * *
    (2) Form a continuous ladder, uniformly spaced vertically from 12 
inches to 16 inches (30.5 to 40.6 cm) apart, with a minimum width of 10 
inches (25.4 cm) and projecting at least 4\1/2\ inches (11.43 cm) from 
the wall;
* * * * *

    22. In Sec. 1917.119, revise paragraphs (b)(4), (d)(1), (d)(2), and 
(d)(3) to read as follows:


Sec. 1917.119  Portable ladders.

* * * * *
    (b) * * *
    (4) Width between side rails at the base of the ladder shall be at 
least 12 inches (30.48 cm) for ladders 10 feet (3.05 m) or less in 
overall length, and shall increase at least \1/4\ inch (0.64 cm) for 
each additional 2 feet (0.61 m) of ladder length.
* * * * *

[[Page 40942]]

    (d) * * *
    (1) Have a minimum and uniform distance between rungs of 12 inches 
(30.48 cm), center to center;
    (2) Are capable of supporting a 250-pound (1,112 N) load without 
deformation; and
    (3) Have a minimum width between side rails of 12 inches (30.48 cm) 
for ladders 10 feet (3.05 m) in height. Width between rails shall 
increase at least \1/4\ inch (0.64 cm) for each additional 2 feet (0.61 
m) of ladder length.
* * * * *

    23. In Sec. 1917.120, revise paragraphs (b)(1), (b)(2), (b)(4), and 
(b)(5)(ii) to read as follows:


Sec. 1917.120  Fixed stairways.

* * * * *
    (b) New installations. (1) Fixed stairs installed after October 3, 
1983 shall be positioned within the range of 30 degrees to 50 degrees 
to the horizontal with uniform riser height and tread width throughout 
each run and be capable of a minimum loading of 100 pounds per square 
foot (445 N) and a minimum concentrated load of 300 pounds (1,334 N) at 
the center of any treadspan. Riser height shall be from 6 to 7.5 inches 
(15.24 to 19.05 cm), stair width a minimum of 22 inches (55.88 cm) 
between vertical barriers, tread depth a minimum of 12<plus-minus>2 
inches (30.48<plus-minus>5.08 cm), and tread nosing shall be straight 
leading edges.
    (2) Stair landings shall be at least 20 inches (50.8 cm) in depth. 
Where doors or gates open on a stairway, a landing platform shall be 
provided. Door swing shall not reduce effective standing area on the 
landing to less than 18 inches (45.72 cm) in depth.
* * * * *
    (4) Railing height from tread surface at the riser face shall be 
33<plus-minus>3 inches (83.82 cm <plus-minus>7.62 cm).
    (5) * * *
    (ii) Have open treads at least 4 inches (10.16 cm) in depth and 18 
inches (45.72 cm) in width with a uniformly spaced vertical rise 
between treads of 6 to 9.5 inches (15.24 to 24.13 cm); and
* * * * *

    24. In Sec. 1917.121, revise the Table following Figure F-1 in 
paragraph (b)(1), paragraphs (b)(2) and (b)(4) to read as follows:


Sec. 1917.121  Spiral stairways.

* * * * *
    (b) * * *
    (1) * * *

                                       Spiral Stairway--Minimum Dimensions
----------------------------------------------------------------------------------------------------------------
                                         A (half-tread width)                            B
----------------------------------------------------------------------------------------------------------------
Normal use by employees............  11 inches (27.94 cm).......  6 inches (15.24 cm).
Limited access.....................  9 inches (22.86 cm)........  5 inches (12.7 cm).
----------------------------------------------------------------------------------------------------------------

    (2) Stairway risers shall be uniform and shall range from 6\1/2\ to 
10\1/2\ inches (16.5 to 26.67 cm) in height;
* * * * *
    (4) Railings shall conform to the requirements of 
Sec. 1917.112(c)(1). If balusters are used, there shall be a minimum of 
one per tread. Handrails shall be a minimum of 1\1/4\ inches (3.18 cm) 
in outside diameter; and
* * * * *

    25. In Sec. 1917.122, revise paragraph (d) to read as follows:


Sec. 1917.122  Employee exits.

* * * * *
    (d) The minimum width of any employee exit shall be 28 inches 
(71.12 cm).

    26. In Sec. 1917.124, remove and reserve paragraph (b), and revise 
paragraph (d)(2) to read as follows:


Sec. 1917.124  Dockboards (car and bridge plates).

* * * * *
    (b) [Reserved]
* * * * *
    (d) * * *
    (2) Ramps shall be equipped with a guardrail meeting the 
requirement of Sec. 1917.112(c)(1) if the slope is more than 20 degrees 
to the horizontal or if employees could fall more than 4 feet (1.22 m).
* * * * *

    27. In Sec. 1917.151, revise paragraphs (g)(4) and (h)(1) to read 
as follows:


Sec. 1917.151  Machine guarding.

* * * * *
    (g) * * *
    (4) Work rests shall be used on fixed grinding machines. Work rests 
shall be rigidly constructed and adjustable for wheel wear. They shall 
be adjusted closely to the wheel with a maximum opening of \1/8\-inch 
(3.18 mm) and shall be securely clamped. Adjustment shall not be made 
while the wheel is in motion.
* * * * *
    (h) Rotating parts, drives and connections. (1) Rotating parts, 
such as gears and pulleys, that are located 7 feet (2.13 m) or less 
above working surfaces shall be guarded to prevent employee contact 
with moving parts.
* * * * *

    28. In Sec. 1917.152, revise paragraphs (d)(1)(xvi), (d)(3)(ii), 
and (g)(3) to read as follows:


Sec. 1917.152  Welding, cutting and heating (hot work)\12\ (See also 
Sec. 1917.2, definition of Hazardous cargo, materials, substance or 
atmosphere).
---------------------------------------------------------------------------

    \12\ The U.S. Coast Guard, at 33 CFR 126.15(c), requires prior 
permission of the Captain of the Port if welding or other hot work 
is to be carried out at a facility where dangerous cargoes as 
defined by 33 CFR 126.07 are located or being handled.
---------------------------------------------------------------------------

* * * * *
    (d) * * *
    (1) * * *
    (xvi) Shall be stored so that oxygen cylinders are separated from 
fuel gas cylinders and combustible materials by either a minimum 
distance of 20 feet (6.1 m) or a barrier having a fire-resistance 
rating of 30 minutes; and
* * * * *
    (3) * * *
    (ii) When oxygen and fuel gas hoses are taped together, not more 
than four (4) of each 12 inches (10.16 cm of each 30.48 cm) shall be 
taped.
* * * * *
    (g) * * *
    (3) Surfaces covered with preservative coatings shall be stripped 
for at least 4 inches (10.16 cm) from the area of heat application or 
employees shall be protected by supplied air respirators in accordance 
with the requirements of Sec. 1910.134 of this chapter.
* * * * *

    29. In Sec. 1917.153, revise paragraphs (c)(4)(i), (d)(12), and 
(d)(13) to read as follows:


Sec. 1917.153  Spray painting (See also Sec. 1917.2, definition of 
Hazardous cargo, materials, substance or atmosphere).

* * * * *
    (c) * * *
    (4)(i) No open flame or spark-producing equipment shall be within 
20 feet (6.1 m) of a spraying area unless it

[[Page 40943]]

is separated from the spraying area by a fire-retardant partition.
* * * * *
    (d) * * *
    (12) Wiring, motors and equipment in a spray booth shall be of 
approved explosion-proof type for Class I, Group D locations and 
conform to subpart S of Part 1910 of this chapter for Class I, Division 
1, Hazardous Locations. Wiring, motors and equipment within 20 feet 
(6.1m) of any interior spraying area and not separated by vapor-tight 
partitions shall not produce sparks during operation and shall conform 
to the requirements of subpart S of Part 1910 of this chapter for Class 
I, Division 2, Hazardous Locations.
    (13) Outside electrical lights within 10 feet (3.05m) of spraying 
areas and not separated from the areas by partitions shall be enclosed 
and protected from damage.
* * * * *

    30. In Sec. 1917.156, revise paragraph (a)(7)(i) to read as 
follows:


Sec. 1917.156  Fuel handling and storage.

    (a) * * *
    (7) * * *
    (i) Dispensing hoses do not exceed 50 feet (15.24 m) in length; and
* * * * *
    31. At the end of Part 1917, add Appendix I, to read as follows:

Appendix I to Part 1917-Special Cargo Gear and Container Spreader 
Test Requirements (Mandatory) [see Sec. 1917.50(c)(5)]

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
            Type gear              Test requirement        Tested by                    Proof test
----------------------------------------------------------------------------------------------------------------
            A. ALL SPECIAL CARGO HANDLING GEAR PURCHASED OR MANUFACTURED ON OR AFTER JANUARY 21, 1998
----------------------------------------------------------------------------------------------------------------
 1. Safe Working Load--greater     Prior to initial    OSHA accredited     Up to 20 short      125% SWL
 than 5 short tons (10,000 lbs./   use                 agency only         tons
 4.5 metric tons).
                                   Prior to reuse                          From 20 to 50       5 short tons in
                                   after structural                        short tons          excess of SWL
                                   damage repair
                                   Every four years    OSHA accredited     Over 50 short       110% SWL
                                   after initial       agency or           tons
                                   proof load test     designated person
                                                       (40)(1) 125% SWL
----------------------------------------------------------------------------------------------------------------
 2. Safe Working Load--5 short     Prior to initial    OSHA accredited                   125% SWL
 tons or less.                     use                 agency or
                                   Prior to reuse      designated person
                                   after structural
                                   damage repair.
----------------------------------------------------------------------------------------------------------------
 3. Intermodal container           Prior to initial
 spreaders not part of vessel's    use
 cargo handling gear.
                                   Prior to reuse      OSHA accredited
                                   after structural    agency only
                                   damage repair
                                   Every four years    OSHA accredited                   125% SWL
                                   after initial       agency or
                                   proof load test     designated person
----------------------------------------------------------------------------------------------------------------
                       B. ALL SPECIAL CARGO HANDLING GEAR IN USE PRIOR TO JANUARY 21, 1998
----------------------------------------------------------------------------------------------------------------
1. Any Safe Working Load........   Every four years    OSHA accredited     Up to 20 short     125% SWL
                                   starting on         agency or           tons
                                   January 21, 1998    designated person
                                   Prior to initial    OSHA accredited     From 20 to 50       5 short tons in
                                   use or prior to     agency              short tons          excess of SWL
                                   reuse after
                                   structural damage
                                   repair
                                                                           Over 50 short       110% SWL
                                                                           tons
----------------------------------------------------------------------------------------------------------------
 2. Intermodal container           Every four years    OSHA accredited
 spreaders not part of ship's      starting on         agency or
 gear.                             January 21, 1998    designated person
                                   Prior to initial    OSHA accredited                   125% SWL
                                   use or prior to     agency
                                   reuse after
                                   structural damage
                                   repair
----------------------------------------------------------------------------------------------------------------

PART 1918--SAFETY AND HEALTH REGULATIONS FOR LONGSHORING

    32. The authority citation for Part 1918 continues to read in part 
as follows:

    Authority: Secs. 4, 6, and 8 of the Occupational Safety and 
Health Act, 29 U.S.C. 653, 655, 657; Walsh-Healey Act, 41 U.S.C. 35 
et seq.; Service Contract Act of 1965, 41 U.S.C. 351 et seq.; Sec. 
107, Contract Work Hours and Safety Standards Act (Construction 
Safety Act), 40 U.S.C. 333; Sec. 41, Longshore and Harbor Workers' 
Compensation Act, 33 U.S.C. 941; National Foundation of Arts and 
Humanities Act, 20 U.S.C. 951 et seq.; Secretary of Labor's Order 
No. 6-96 (62 FR 111).
* * * * *

    33. In Sec. 1918.1, revise the Note to paragraph (b)(7) to read as 
follows:


Sec. 1918.1  Scope and application.

* * * * *
    (b) * * *
    (7) * * *

    Note to paragraph (b)(7): Exposures to nonionizing radiation 
emissions from commercial vessel radar transmitters are considered 
hazardous under the following situations: (a) Where the radar is 
transmitting, the scanner is stationary, and the exposure distance 
is 19 feet (5.79 m) or less; or (b) where the radar is transmitting, 
the scanner is rotating, and the exposure distance is 5 feet (1.52 
m.) or less.

* * * * *

    34. In Sec. 1918.2 revise the definitions for Dockboards (car and 
bridge plates) and Fall hazard, and add the following new definition 
for Ro-Ro operations in alphabetical order to read as follows:

[[Page 40944]]

Sec. 1918.2  Definitions.

* * * * *
    Dockboards (car and bridge plates) mean devices for spanning short 
distances between, for example, two barges, that is not higher than 
four feet (1.22m) above the water or next lower level.
* * * * *
    Fall hazard means the following situations:
    (1) Whenever employees are working within three feet (.91 m) of the 
unprotected edge of a work surface that is 8 feet or more (2.44 m) 
above the adjoining surface and twelve inches (.3 m) or more, 
horizontally, from the adjacent surface; or
    (2) Whenever weather conditions may impair the vision or sound 
footing of employees working on top of containers.
* * * * *
    Ro-Ro operations are those cargo handling and related operations, 
such as lashing, that occur on Ro-Ro vessels, which are vessels whose 
cargo is driven on or off the vessel by way of ramps and moved within 
the vessel by way of ramps and/or elevators.
* * * * *

    35-36. In Sec. 1918.24, revise paragraphs (d), (f)(4), (h)(1), 
(h)(2), and (h)(3) to read as follows:


Sec. 1918.24  Fixed and portable ladders.

* * * * *
    (d) For vessels built after July 16, 2001, when six inches (15.24 
cm) or more clearance does not exist behind the rungs of a fixed 
ladder, the ladder shall be deemed ``unsafe'' for the purposes of this 
section. Alternate means of access (for example, a portable ladder) 
must be used.
* * * * *
    (f) * * *
    (4) Width between side rails at the base of the ladder shall be at 
least 12 inches (30.48 cm) for ladders 10 feet (3.05 m) or less in 
overall length, and shall increase at least one-fourth inch (0.64 cm) 
for each additional two feet (0.61 m) of ladder length.
* * * * *
    (h) * * *
    (1) Have a uniform distance between rungs of at least 12 inches 
(30.48cm) center to center;
    (2) Be capable of supporting a 250-pound (1,112 N) load without 
deformation; and
    (3) Have a minimum width between side rails of 12 inches (30.48 cm) 
for ladders 10 feet (3.05 m) or less in height. Width between rails 
shall increase at least one-fourth inch (0.64 cm) for each additional 
two feet (0.61 m) of ladder length.
* * * * *

    37. In Sec. 1918.25, revise paragraph (b)(2) to read as follows:


Sec. 1918.25  Bridge plates and ramps (See also Sec. 1918.86).

* * * * *
    (b) * * *
    (2) Be equipped with a railing meeting the requirements of 
Sec. 1918.21(b), if the slope is more than 20 degrees to the horizontal 
or if employees could fall more than four feet (1.22 m);
* * * * *

    38. In Sec. 1918.37, revise paragraph (a) to read as follows:


Sec. 1918.37  Barges.

    (a) Walking shall be prohibited along the sides of covered lighters 
or barges with coamings or cargo more than five feet (1.52 m) high 
unless a three-foot (.91 m) clear walkway or a grab rail or taut 
handline is provided.
* * * * *

    39. In Sec. 1918.41, revise paragraph (a) to read as follows:


Sec. 1918.41  Coaming clearances.

    (a) Weather decks. If a deck load (such as lumber or other smooth 
sided deck cargo) more than five feet (1.52 m) high is stowed within 
three feet (.91 m) of the hatch coaming and employees handling hatch 
beams and hatch covers are not protected by a coaming at least 24-inch 
(.61 m) high, a taut handline shall be provided along the side of the 
deckload. The requirements of Sec. 1918.35 are not intended to apply in 
this situation.
* * * * *

    40. In Sec. 1918.42, revise paragraphs (b) and (d) to read as 
follows:


Sec. 1918.42  Hatch beam and pontoon bridles.

* * * * *
    (b) Bridles for lifting hatch beams shall be equipped with toggles, 
shackles, or hooks, or other devices of such design that they cannot 
become accidentally dislodged from the hatch beams with which they are 
used. Hooks other than those described in this section may be used only 
when they are hooked into the standing part of the bridle. Toggles, 
when used, shall be at least one inch (2.54 cm) longer than twice the 
largest diameter of the holes into which they are placed.
* * * * *
    (d) At least two legs of all strongback and pontoon bridles shall 
be equipped with a lanyard at least eight feet (2.44 m) long and in 
good condition. The bridle end of the lanyard shall be of chain or 
wire.

    41. In Sec. 1918.43, revise paragraph (d) to read as follows:


Sec. 1918.43  Handling hatch beams and covers.

* * * * *
    (d) Hatch covers unshipped in an intermediate deck shall be placed 
at least three feet (.91 m) from the coaming or they shall be removed 
to another deck. Strongbacks unshipped in an intermediate deck shall 
not be placed closer than six inches (15.24 cm) from the coaming and, 
if placed closer than three feet (.91 m), shall be secured so that they 
cannot be tipped or dragged into a lower compartment. If such placement 
or securement is not possible, strongbacks shall be removed to another 
deck.
* * * * *

    42. In Sec. 1918.51, revise paragraphs (d)(3) and (f) to read as 
follows:


Sec. 1918.51  General requirements (See also Sec. 1918.11 and appendix 
III of this part).

* * * * *
    (d) * * *
    (3) Wire rope and wire rope slings exhibiting any of the defects or 
conditions specified in Sec. 1918.62(b)(3)(i) through (vi) shall not be 
used.
* * * * *
    (f) Synthetic web slings exhibiting any of the defects or 
conditions specified in Sec. 1918.62(g)(2)(i) through (vi) shall not be 
used.
* * * * *

    43. In Sec. 1918.52, revise paragraphs (d) and (f) to read as 
follows:


Sec. 1918.52  Specific requirements.

* * * * *
    (d) Heel blocks. (1) When an employee works in the bight formed by 
the heel block, a preventer at least three-quarters of an inch (1.91 
cm) in diameter wire rope shall be securely rigged, or equally 
effective means shall be taken, to hold the block and fall if the heel 
block attachments fail. Where physical limitations prohibit the fitting 
of a wire rope preventer of the required size, two turns of a one-half 
inch (1.27 cm) diameter wire rope shall be sufficient.
    (2) If the heel block is not so rigged as to prevent its falling 
when not under strain, it shall be secured to prevent alternate raising 
and dropping of the block. This requirement shall not apply when the 
heel block is at least 10 feet (3.05 m) above the deck when at its 
lowest point.
* * * * *
    (f) Cargo hooks. Cargo hooks shall be as close to the junction of 
the falls as the

[[Page 40945]]

assembly permits, but never farther than two feet (.61 m) from it. 
Exception: This provision shall not apply when the construction of the 
vessel and the operation in progress are such that fall angles are less 
than 120 degrees. Overhaul chains shall not be shortened by bolting or 
knotting.
    44. In Sec. 1918.54, revise paragraph (f) to read as follows:


Sec. 1918.54  Rigging gear.

* * * * *
    (f) Bull wire. (1) Where a bull wire is taken to a winch head for 
lowering or topping a boom, the bull wire shall be secured to the winch 
head by shackle or other equally strong method. Securing by fiber rope 
fastening does not meet this requirement.
    (2) When, in lowering or topping a boom, it is not possible to 
secure the bull wire to the winch head, or when the topping lift itself 
is taken to the winch head, at least five turns of wire shall be used.
* * * * *

    45. In Sec. 1918.61, revise paragraphs (b)(2), (f), and (h) to read 
as follows:


Sec. 1918.61  General (See also appendix IV of this part).

* * * * *
    (b) Safe working load. * * *
    (2) All cargo handling gear provided by the employer with a safe 
working load greater than five short tons (10,000 lbs. or 4.54 metric 
tons) shall have its safe working load plainly marked on it.
* * * * *
    (f) Special gear. (1) Special stevedoring gear provided by the 
employer, the strength of which depends upon components other than 
commonly used stock items such as shackles, ropes, or chains, and that 
has a Safe Working Load (SWL) greater than five short tons (10,000 lbs 
or 4.54 metric tons) shall be inspected and tested as a unit before 
initial use (see Table A in paragraph (f)(2) of this section). In 
addition, any special stevedoring gear that suffers damage 
necessitating structural repair shall be inspected and retested after 
repair and before being returned to service.
    (2) Special stevedoring gear provided by the employer that has a 
SWL of five short tons (10,000 lbs. or 4.54 metric tons) or less shall 
be inspected and tested as a unit before initial use according to 
paragraphs (d) and (e) of this section or by a designated person (see 
Table A in this paragraph (f)(2)).

------------------------------------------------------------------------
             Safe working load                       Proof load
------------------------------------------------------------------------
Up to 20 short tons (18.1 metric tons)....  25 percent in excess.
From 20 through 50 short tons (18.1 to      5 short tons in excess
 45.4 metric tons).
Over 50 short tons (45.4 metric tons).....  10 percent in excess
------------------------------------------------------------------------

* * * * *
    (h) All cargo handling gear covered by this section with a SWL 
greater than five short tons (10,000 lbs. or 4.54 metric tons) shall be 
proof load tested according to Table A in paragraph (f) or paragraph 
(g), as applicable, of this section every four years and in accordance 
with paragraphs (d) and (e) of this section or by a designated person.
* * * * *
    46. In Sec. 1918.62, revise the Note to paragraph (a), paragraph 
(d)(3) and paragraphs (i)(2) and (j)(1) to read as follows:


Sec. 1918.62  Miscellaneous auxiliary gear.

    (a) * * *

    Note to paragraph (a): When manufacturers' specifications are 
not available to determine whether gear is defective, the employer 
shall use the appropriate paragraphs of this section to make these 
determinations.

* * * * *
    (d) * * *
    (3)(i) Unless otherwise recommended by the manufacturer, when 
synthetic fiber ropes are substituted for fiber ropes of less than 
three inches (7.62 cm) in circumference, the substitute shall be of 
equal size. Where substituted for fiber rope of three inches or more in 
circumference, the size of the synthetic rope shall be determined from 
the formula:

 [GRAPHIC] [TIFF OMITTED] TR30JN00.071


Where C = the required circumference of the synthetic rope in inches, 
Cs= the circumference to the nearest one-quarter inch of a synthetic 
rope having a breaking strength not less than that of the size fiber 
rope that is required by paragraph (c) of this section and Cm=the 
circumference of the fiber rope in inches that is required by paragraph 
(c) of this section.
    (ii) In making such substitution, it shall be ascertained that the 
inherent characteristics of the synthetic fiber are suitable for 
hoisting.
* * * * *
    (i) * * *
    (2) Screw pin shackles provided by the employer and used aloft, 
except in cargo hook assemblies, shall have their pins positively 
secured.
    (j) Hooks other than hand hooks. (1) The manufacturer's recommended 
safe working loads for hooks shall not be exceeded. Hooks other than 
hand hooks shall be tested before initial use in accordance with the 
provisions of Sec. 1919.31 (a), (c), and (d) of this chapter. 
Exception: Manufacturers' test certificates indicating performance to 
the criteria in Sec. 1919.31 (a), (c) and (d) of this chapter shall be 
acceptable.
* * * * *

    47. In Sec. 1918.65, revise paragraph (c)(2) to read as follows:


Sec. 1918.65  Mechanically powered vehicles used aboard vessels.

* * * * *
    (c) * * *
    (2) Overhead guards shall not obstruct the operator's view, and 
openings in the top of the guard shall not exceed six inches (15.24 cm) 
in one of the two directions, width or length. Larger openings are 
permitted if no opening allows the smallest unit of cargo being handled 
through the guard.
* * * * *

    48. In Sec. 1918.66, remove ``or'' at the end of paragraph 
(a)(14)(iii)(A), remove the period at the end of paragraph 
(a)(14)(iii)(B) and add ``; or'' in its place, add a new paragraph 
(a)(14)(iii)(C), and revise the Note to paragraph (f)(1)(vi) to read as 
follows:


Sec. 1918.66  Cranes and derricks other than vessel's gear.

    (a) * * *
    (14) * * *
    (iii) * * *
    (C) 100 percent when two holding brakes are provided.
* * * * *
    (f) * * *
    (1) * * *
    (iv) * * *

    Note to paragraph (f)(1)(vi): If the accuracy of the load 
indicating device is based on full scale loads and the device is 
arbitrarily set at plus or minus 10 percent, it would accept a 
reading between 90,000 and 110,000 lbs. at full capacity for a 
machine with a maximum rating of 100,000 lbs. but would also show a 
reading of between zero and 20,000 lbs. at that outreach (radius) at 
which the load would be 10,000 lbs.; this is clearly unacceptable. 
If, however, the accuracy of the device is based on actual applied 
loads under the same conditions, the acceptable range would remain 
the same with the 100,000-lb. load but would show a figure between 
9,000 and 11,000 lbs. at the 10,000-lb. load; this is an acceptable 
reading.

* * * * *

    49. In Sec. 1918.69, revise paragraph (b)(1) to read as follows:


Sec. 1918.69  Tools.

* * * * *

[[Page 40946]]

    (b) Portable electric tools. (1) Portable hand-held electric tools 
shall be equipped with switches of a type that must be manually held in 
a closed position in order to operate the tool.
* * * * *
    50. In Sec. 1918.85, revise the introductory text of paragraph (f) 
and paragraphs (f)(1)(i)(F) and (f)(1)(ii) to read as follows:


Sec. 1918.85  Containerized cargo operations.

* * * * *
    (f) Lifting fittings. Containers shall be handled using lifting 
fittings or other arrangements suitable and intended for the purpose as 
set forth in paragraphs (f)(1) and (f)(2) of this section, unless 
damage to an intermodal container makes special means of handling 
necessary.
    (1) * * *
    (i) * * *
    (F) The length of the spreader beam is at least 16.3 feet (5 m) for 
a 20-foot container, and at least 36.4 feet (11.1 m) for a 40-foot 
container.
    (ii) When hoisting containers from bottom fittings, the hoisting 
connections shall bear on the fittings only, making no other contact 
with the container. The angles of the four bridle legs shall not be 
less than 30 degrees to the horizontal for 40-foot (12.19 m) 
containers; 37 degrees for 30-foot (9.14 m) containers; and 45 degrees 
for 20-foot (6.1 m) containers.
* * * * *
    51. In Sec. 1918.86, revise the section heading, remove and reserve 
footnote 9, and revise paragraph (c), and the Note to paragraph (m) to 
read as follows:


Sec. 1918.86  Roll-on roll-off (Ro-Ro) operations (see also 
Sec. 1918.2, Ro-Ro operations, and Sec. 1918.25).

* * * * *
    (c) Pedestrian traffic. Bow, stern, and side port ramps also used 
for pedestrian access shall meet the requirements of Sec. 1918.25. Such 
ramps shall provide a physical separation between pedestrian and 
vehicular routes. When the design of the ramp prevents physical 
separation, a positive means shall be established to prevent 
simultaneous use of the ramp by vehicles and pedestrians.
* * * * *
    (m) Authorized personnel. * * *

    Note To Paragraph (m): High visibility vests or equivalent 
protection means high visibility/retro-reflective materials which 
are intended to make the user clearly visible by day through the use 
of high visibility (fluorescent) material and in the dark by vehicle 
headlights through the use of retro-reflective material. For 
example, an acceptable area of material for a vest or equivalent 
protection is .5 m\2\ (760 in.\2\) for fluorescent (background) 
material and .13m\2\ (197 in.\2\) for retro-reflective material. 
Vests or equivalent protection, such as high visibility/retro-
reflective coveralls, that are available for industrial use, may 
also be acceptable.

* * * * *

    52. In Sec. 1918.94, revise the section heading and remove and 
reserve footnote 12 in to paragraph (a)(1)(i) to read as follows:


Sec. 1918.94  Ventilation and atmospheric conditions (See also 
Sec. 1918.2, definitions of Hazardous cargo, materials, substance or 
atmosphere and Ro-Ro operations).

* * * * *
    53. In 1918.97, revise paragraph (e) to read as follows:


Sec. 1918.97  First aid and lifesaving facilities. (See appendix V of 
this part).

* * * * *
    (e) Life-rings. (1) The employer shall ensure that there is in the 
vicinity of each vessel being worked at least one U.S. Coast Guard 
approved 30-inch (76.2 cm) life-ring with no less than 90 feet (27.43 
m) of line attached, and at least one portable or permanent ladder that 
will reach from the top of the apron to the surface of the water.
    (2) In addition, when working a barge, scow, raft, lighter, log 
boom, or carfloat alongside a ship, a U.S. Coast Guard approved 30-inch 
(76.2 cm) life-ring, with no less than 90 feet (27.43 m) of line shall 
be provided either on the floating unit itself or aboard the ship in 
the immediate vicinity of each floating unit being worked.
* * * * *
    54. In Sec. 1918.98, revise the Note to paragraph (a)(2) to read as 
follows:


Sec. 1918.98  Qualifications of machinery operators and supervisory 
training.

    (a) * * *
    (2) * * *

    Note to paragraph (a)(2): OSHA is defining suddenly 
incapacitating medical ailments consistent with the Americans with 
Disabilities Act (ADA), 42 U.S.C. 12101 (1990). Therefore, employers 
who act in accordance with the employment provisions (Title I) of 
the ADA (42 U.S.C. 12111-12117), the regulations implementing Title 
I (29 CFR Part 1630), and the Technical Assistance Manual for Title 
I issued by the Equal Employment Opportunity Commission (Publication 
number: EEOC-M1A), will be considered as being in compliance with 
this paragraph.

* * * * *
    55. In Sec. 1918.100, revise paragraph (a) and footnote 14 to read 
as follows:


Sec. 1918.100  Emergency action plans.

    (a) Scope and application. This section requires all employers to 
develop and implement an emergency action plan.\14\ The emergency 
action plan shall be in writing (except as provided in the last 
sentence of paragraph (e)(3) of this section) and shall cover those 
designated actions employers and employees must take to ensure employee 
safety from fire and other emergencies.
---------------------------------------------------------------------------

    \14\ When an employer directs his employees to respond to an 
emergency that is beyond the scope of the Emergency Action Plan, a 
plan developed in accordance with Sec. 1910.120(q) of this chapter 
shall apply.
---------------------------------------------------------------------------

* * * * *

    56. Revise Sec. 1918.102 to read as follows:


Sec. 1918.102  Respiratory protection. (See Sec. 1918.1(b)(8)).

    57. In Sec. 1918.105, revise paragraph (b)(2) to read as follows:


Sec. 1918.105  Other protective measures.

* * * * *
    (b) * * *
    (2) PFDs (life preservers, life jackets, or work vests) worn by 
each affected employee must be United States Coast Guard (USCG) 
approved pursuant to 46 CFR part 160 (Type I, II, III, or V PFD) and 
marked for use as a work vest, for commercial use, or for use on 
vessels.
* * * * *

    58. In Part 1918, revise Table 1, Table 2, Table 4A, Table 4B, 
Table 5, and the three Wire Rope Tables in Appendix II to read as 
follows:

Appendix II to Part 1918--Tables for Selected Miscellaneous 
Auxiliary Gear (Mandatory)

* * * * *

[[Page 40947]]



                                            Table 1.--Wire Rope Clips
----------------------------------------------------------------------------------------------------------------
                                                  Minimum number of clips
                                               ----------------------------
    Improved plow steel, rope (Inches (cm))                       Other         Minimum spacing (Inches (cm))
                                                 Drop forged    material
----------------------------------------------------------------------------------------------------------------
\1/2\ or less (1.3)...........................             3             4  3 (7.6)
\5/8\ (1.6)...................................             3             4  3\3/4\ (9.5)
\3/4\ (1.9)...................................             4             5  4\1/2\ (11.4)
\7/8\ (2.2)...................................             4             5  5\1/4\ (13.3)
1 (2.5).......................................             5             6  6 (15.2)
1\1/8\ (2.9)..................................             6             6  6\3/4\ (17.1)
1\1/4\ (3.2)..................................             6             7  7\1/2\ (19.1)
1\3/8\ (3.5)..................................             7             7  8\1/4\ (21.0)
1\1/2\ (3.8)..................................             7             8  9 (22.9)
----------------------------------------------------------------------------------------------------------------


              Table 2.--Natural Fiber Rope and Rope Slings--Load Capacity in Pounds (lbs.) Safety Factor=5--Eye and Eye Sling--Basket Hitch
                                            [Angle of rope to horizontal--90 deg.  60 deg.  45 deg.  30 deg.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Angle of rope to vertical
               Rope diameter nominal inch                 Vertical hitch   Choker hitch  ---------------------------------------------------------------
                                                                                              0 deg.          30 deg.         45 deg.         60 deg.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/2\...................................................             550             250           1,100             900             750             550
\9/16\..................................................             700             350           1,400           1,200           1,000             700
\5/8\...................................................             900             450           1,800           1,500           1,200             900
\3/4\...................................................           1,100             550           2,200           1,900           1,500           1,100
\13/16\.................................................           1,300             650           2,600           2,300           1,800           1,300
\7/8\...................................................           1,500             750           3,100           2,700           2,200           1,500
1.......................................................           1,800             900           3,600           3,100           2,600           1,800
1\1/16\.................................................           2,100           1,100           4,200           3,600           3,000           2,100
1\1/8\..................................................           2,400           1,200           4,800           4,200           3,400           2,400
1\1/4\..................................................           2,700           1,400           5,400           4,700           3,800           2,700
1\5/16\.................................................           3,000           1,500           6,000           5,200           4,300           3,000
1\1/2\..................................................           3,700           1,850           7,400           6,400           5,200           3,700
1\5/8\..................................................           4,500           2,300           9,000           7,800           6,400           4,500
1\3/4\..................................................           5,300           2,700          10,500           9,200           7,500           5,300
2.......................................................           6,200           3,100          12,500          10,500           8,800           6,200
2\1/8\..................................................           7,200           3,600          14,500          12,500          10,000           7,200
2\1/4\..................................................           8,200           4,100          16,500          14,000          11,500           8,200
2\1/2\..................................................           9,300           4,700          18,500          16,000          13,000           9,300
2\5/8\..................................................          10,500           5,200          21,000          18,000          14,500          10,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Endless Sling
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/2\...................................................             950             500           1,900           1,700           1,400             950
\9/16\..................................................           1,200             600           2,500           2,200           1,800           1,200
\5/8\...................................................           1,600             800           3,200           2,700           2,200           1,600
\3/4\...................................................           2,000             950           3,900           3,400           2,800           2,000
\13/16\.................................................           2,300           1,200           4,700           4,100           3,300           2,300
\7/8\...................................................           2,800           1,400           5,600           4,800           3,900           2,800
1.......................................................           3,200           1,600           6,500           5,600           4,600           3,200
1\1/16\.................................................           3,800           1,900           7,600           6,600           5,400           3,800
1\1/8\..................................................           4,300           2,200           8,600           7,500           6,100           4,300
1\1/4\..................................................           4,900           2,400           9,700           8,400           6,900           4,900
1\5/16\.................................................           5,400           2,700          11,000           9,400           7,700           5,400
1\1/2\..................................................           6,700           3,300          13,500          11,500           9,400           6,700
1\5/8\..................................................           8,100           4,100          16,000          14,000          11,500           8,100
1\3/4\..................................................           9,500           4,800          19,000          16,500          13,500           9,500
2.......................................................          11,000           5,600          22,500          19,500          16,000          11,000
2\1/8\..................................................          13,000           6,500          26,000          22,500          18,500          13,000
2\1/4\..................................................          15,000           7,400          29,500          25,500          21,000          15,000
2\1/2\..................................................          16,500           8,400          33,500          29,000          23,500          16,500
2\5/8\..................................................          18,500           9,500          37,000          32,500          26,500          18,500
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

[[Page 40948]]



                                     Table 4A.--Rated Load for Grade 80 Alloy Steel Chain Slings\1\ (Chain per NACM)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                   Chain size nominal                       Single leg sling-90            Rated load double leg sling horizontal angle (note 2)
---------------------------------------------------------   deg. to horizontal   -----------------------------------------------------------------------
                                                                  loading          60 deg.  Double at 60   45 deg.  Double at 45   30 deg.  Double at 30
                                                         ------------------------          deg.                    deg.                    deg.
                    inch                          mm                             -----------------------------------------------------------------------
                                                              lb          kg          lb          kg          lb          kg          lb          kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/4\.......................................           7       3,500       1,570       6,100       2,700       4,900       2,200       3,500       1,590
\3/8\.......................................          10       7,100       3,200      12,300       5,500      10,000       4,500       7,100       3,200
\1/2\.......................................          13      12,000       5,400      20,800       9,400      17,000       7,600       1,200       5,400
\5/8\.......................................          16      18,100       8,200      31,300      14,200      25,600      11,600      18,100       8,200
\3/4\.......................................          20      28,300      12,800      49,000      22,300      40,000      18,200      28,300      12,900
\7/8\.......................................          22      34,200      15,500      59,200      27,200      48,400      22,200      34,200      15,700
1...........................................          26      47,700      21,600      82,600      37,900      67,400      31,000      47,700      21,900
1\1/4\......................................          32      72,300      32,800     125,200      56,800     102,200      46,400      72,300     32,800
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
(1) Other grades of proof tested steel chain include Proof Coil (Grade 28), Hi-Test (grade 43 Chain, and Transport (grade 70) Chain. These grades are
  not recommended for overhead lifting and therefore are not covered by this standard.
(2) Rating of multi-leg slings adjusted for angle of loading between the inclined leg and the horizontal plane of the load.


         Table 4B.--Maximum Allowable Wear at any Point of Link
------------------------------------------------------------------------
          Nominal chain or coupling link size                Maximum
-------------------------------------------------------  allowable wear
                                                            of cross-
                    inch                         mm         sectional
                                                          diameter, in.
------------------------------------------------------------------------
\1/4\......................................          7             0.037
\3/8\......................................         10             0.052
\1/2\......................................         13             0.060
\5/8\......................................         16             0.084
\3/4\......................................         20             0.105
\7/8\......................................         22             0.116
1..........................................         26             0.137
1\1/4\.....................................         32            0.169
------------------------------------------------------------------------
Note: For other sizes, consult chain or sling manufacturer.


                                    Table 5.--Safe Working Loads for Shackles
                                            [In tons of 2,000 pounds]
----------------------------------------------------------------------------------------------------------------
                       Material size                                   Pin diameter               Safe working
----------------------------------------------------------------------------------------------- load in 2,000 lb
                 Inches                         (cm)             Inches             (cm)              tons
----------------------------------------------------------------------------------------------------------------
\1/2\...................................             (1.3)             \5/8\             (1.6)               1.4
\5/8\...................................             (1.6)             \3/4\             (1.9)               2.2
\3/4\...................................             (1.9)             \7/8\             (2.2)               3.2
\7/8\...................................             (2.2)               1               (2.5)               4.3
1.......................................             (2.5)            1\1/8\             (2.9)               5.6
1\1/8\..................................             (2.9)            1\1/4\             (3.2)               6.7
1\1/4\..................................             (3.2)            1\3/8\             (3.5)               8.2
1\3/8\..................................             (3.5)            1\1/2\             (3.8)              10.0
1\1/2\..................................             (3.8)            1\5/8\             (4.1)              11.9
1\3/4\..................................             (4.4)               2               (5.1)              16.2
2.......................................             (5.1)            2\1/4\             (5.7)              21.2
----------------------------------------------------------------------------------------------------------------


  Wire Rope Table--Rate Loads for Single Leg Slings 6x19 or 6x37 Classification Improved Plow Steel Grade Rope
                                              With Fiber Core (FC)
                                     [Rated loads [note 1], tons (2,000 lb)]
----------------------------------------------------------------------------------------------------------------
                                          Vertical                                                  Choker
----------------------------------------------------------------------------------------------------------------
     Rope diameter, inch               HT                   MS                   S                 HT, MS&S
----------------------------------------------------------------------------------------------------------------
\1/4\.......................                 0.49                 0.51                 0.55                 0.38
\5/16\......................                 0.78                 0.79                 0.85                 0.6
\3/8\.......................                 1.1                  1.1                  1.2                  0.85
\7/16\......................                 1.4                  1.5                  1.7                  1.2
\1/2\.......................                 1.8                  2.0                  2.1                  1.5
\9/16\......................                 2.3                  2.5                  2.7                  1.9
\5/8\.......................                 2.8                  3.1                  3.3                  2.3
\3/4\.......................                 3.9                  4.4                  4.8                  3.3

[[Page 40949]]

 
\7/8\.......................                 5.2                  6.0                  6.4                  4.5
1...........................                 6.7                  7.7                  4.8                  5.9
1\1/8\......................                 8.4                  9.5                 11                    7.4
1\1/4\......................                10                   12                   13                    9.0
1\3/8\......................                12                   14                   15                   11
1\1/2\......................                15                   17                   18                   13
1\5/8\......................                17                   19                   21                   15
1\3/4\......................                20                   22                   25                   17
2...........................                26                   29                   32                  22
----------------------------------------------------------------------------------------------------------------
HT=Hand Tucked Splice.
For Hidden Tuck Splice (IWRC), use vales in HT (FC) columns.
MS=Mechanical Splice.
S=Poured Socket or Swaged Socket.
Note: (1) These values are based on slings being vertical. If they are not vertical, the rated load shall be
  reduced. If two or more slings are used, the minimum horizontal angle between the slings shall also be
  considered.


   Wire Rope Table--Rated Loads for Single Leg Slings 6x19 or 6x37 Classification Extra Improved Plow Steel Grade Rope With Independent Wire Rope Core
                                                                         (IWRC)
                                                        [Rated loads [note 1] , tons (2,000 lb)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Vertical                                                  Choker                  Vertical basket
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Rope diameter, inch                      HT              MS               S           HT, MS&S        [Note (2)] HT      [Note (3)] MS&S
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1/4\...........................................            0.53            0.59            0.59            0.31                 1.1                 1.1
\5/16\..........................................            0.82            0.87            0.92            0.64                 1.6                 1.7
\3/8\...........................................            1.2             1.2             1.3             0.92                 2.3                 2.5
\7/16\..........................................            1.5             1.7             1.8             1.2                  3.1                 3.4
\1/2\...........................................            2.0             2.2             2.3             1.6                  4.0                 4.4
\9/16\..........................................            2.5             2.8             2.9             2.0                  1.9                 5.5
\5/8\...........................................            3.0             3.4             3.6             2.6                  6.0                 6.8
\3/4\...........................................            4.2             4.9             5.1             3.6                  8.4                 9.7
\7/8\...........................................            5.5             6.6             6.9             4.8                 11                  13
1...............................................            7.2             8.5             9.0             6.3                 14                  17
1\1/8\..........................................            9.0            10              11               7.9                 18                  20
1\1/4\..........................................           11              13              14               9.7                 22                  26
1\3/8\..........................................           13              15              17              12                   27                  31
1\1/2\..........................................           16              18              20              14                   32                  37
1\5/8\..........................................           18              21              23              16                   37                  43
1\3/4\..........................................           21              25              27              19                   43                  49
2...............................................           28              32              34              24                   55                 64
--------------------------------------------------------------------------------------------------------------------------------------------------------
HT=Hand tucked Splice
For Hidden Tuck Splice (IWRC), use values in HT columns of Table 3.
MS=Mechanical Splice. S=Poured Socket or Swaged Socket.
Notes:
(1) These values are based on slings being vertical. If they are not vertical, the rated load shall be reduced. If they are not vertical, the rated load
  shall be reduced. If two or more slings are used, the minimum horizontal angle between the slings shall also be considered.
(2) These values only apply when the D/d ratio is 15 or greater.
(3) These values only apply when the D/d ratio is 25 or greater.
D=Diameter or curvature around which the body of the sling is bent. d=Diameter of rope.


  Wire Rope Table-Rated Loads for Single Leg Slings 6x19 or 6x37 Classification Extra Improved Plow Steel Grade
                                   Rope With Independent Wire Rope Core (IWRC)
                                     [Rated loads [note 1], tons (2,000 lb)]
----------------------------------------------------------------------------------------------------------------
                                Vertical                                        Choker          Vertical basket
---------------------------------------------------------------------------------------------     [note (2)]
                                                                                             -------------------
          Rope diameter                   MS                   S                 MS&S                MS&S
----------------------------------------------------------------------------------------------------------------
\1/4\...........................                0.65                0.68               0.48                  1.3
\5/16\..........................                1.0                 1.1                 .074                 2.0
\3/8\...........................                1.4                 1.5                1.1                   2.9
\7/16\..........................                1.9                 2.0                1.4                   3.9
\1/2\...........................                2.5                 2.7                1.9                   5.1
\9/16\..........................                3.2                 3.4                2.4                   6.4
\5/8\...........................                3.9                 4.1                2.9                   7.8

[[Page 40950]]

 
\3/4\...........................                5.6                 5.9                4.1                  11
\7/8\...........................                7.6                 8.0                5.6                  15
1...............................                9.8                10                  7.2                  20
1\1/8\..........................               12                  13                  9.1                  24
1\1/4\..........................               15                  16                 11                    30
1\3/8\..........................               18                  19                 13                    36
1\1/2\..........................               21                  23                 16                    42
1\5/8\..........................               24                  26                 18                    49
1\3/4\..........................               28                  31                 21                    57
2...............................               37                  40                 28                   73
----------------------------------------------------------------------------------------------------------------
HT=Hand tucked Splice
For Hidden Tuck Splice (IWRC), use values in HT columns of Table 3.
MS=Mechanical Splice.
S=Poured Socket or Swaged Socket.
NOTE: (1) These values are based on slings being vertical. If they are not vertical, the rated load shall be
  reduced. If they are not vertical, the rated load shall be reduced. If two or more slings are used, the
  minimum horizontal angle between the slings shall also be considered.
(2) These values only apply when the D/d ratio is 25 or greater.


    59. In Part 1918, revise Appendix IV to read as follows:

Appendix IV to Part 1918--Special Cargo Gear and Container Spreader 
Test Requirements (Mandatory) [see Sec. 1918.61 (f), (g), (h)]

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
           Type gear               Test requirement          Tested by                    Proof test
----------------------------------------------------------------------------------------------------------------
            A. All Special Cargo Handling Gear Purchased or Manufactured on or After January 21, 1998
----------------------------------------------------------------------------------------------------------------
1. Safe Working Load--greater   Prior to initial use.  OSHA accredited        Up to 20 short    125% SWL.
 than 5 short tons (10,000                              agency only.           tons.
 lbs./4.5 metric tons).
                                Prior to reuse after                          From 20 to 50     5 short tons in
                                 structural damage                             short tons.       excess of SWL.
                                 repair.
                                Every four years       OSHA accredited        Over 50 short     110% SWL.
                                 after initial proof    agency or designated   tons.
                                 load test.             person.
2. Safe Working Load--5 short   Prior to initial use.  OSHA accredited                     125% SWL.
 tons or less.                                          agency or designated
                                                        person.
                                Prior to reuse after
                                 structural damage
                                 repair.
3. Intermodal container         Prior to initial use.  OSHA accredited                     125% SWL.
 spreaders not part of                                  agency only.
 vessel's cargo handling gear.
                                Prior to reuse after
                                 structural damage
                                 repair.
                                Every four years       OSHA accredited
                                 after initial proof    agency or designated
                                 load test.             person.
----------------------------------------------------------------------------------------------------------------
 B. All Special Cargo Handling Gear in Use Prior to January 21, 1998 and Proof Load Tested Prior to Initial Use
                                                (See Note Below)
----------------------------------------------------------------------------------------------------------------
1. Safe Working Load--greater   Every four years       OSHA accredited        Up to 20 short    125% SWL.
 than 5 short tons (10,000       starting on January    agency or designated   tons.
 lbs./4540 kg.).                 21, 1998.              person.
                                Prior to reuse after   OSHA accredited        From 20 to 50     5 short tons in
                                 structural damage      agency.                short tons.       excess of SWL.
                                 repair.
                                                                              Over 50 short     110% SWL.
                                                                               tons.
2. Safe Working Load--5 short   Prior to reuse after   OSHA accredited                     125% SWL.
 tons or less.                   structural damage      agency or designated
                                 repair.                person.
3. Intermodal container         Every four years       OSHA accredited                     125% SWL.
 spreaders not part of           starting on January    agency or designated
 vessel's cargo handling gear.   21, 1998.              person.
                                Prior to reuse after   OSHA accredited
                                 structural damage      agency..
                                 repair.
----------------------------------------------------------------------------------------------------------------



[[Page 40951]]

    Note to Appendix IV: Special stevedoring gear in use prior to 
January 21, 1998 was covered by Sec. 1918.61(b), in effect prior to 
January 21, 1998. (See 29 CFR Parts 1911 to 1925 revised as of July 
1, 1997). The assumption is made that gear in use prior to January 
21, 1998, has already been proof load tested, although not 
necessarily by an accredited agency. However, if the employer cannot 
certify that such gear was proof load tested under Sec. 1918.61(b), 
in effect prior to January 21, 1998, (See 29 CFR Parts 1911 to 1925 
revised as of July 1, 1997), than it must be proof load tested in 
accordance with Sec. 1918.61 in effect on January 21, 1998, (See 29 
CFR Parts 1911 to 1925 revised as of July 1, 1998.)

* * * * *

PART 1919--GEAR CERTIFICATION

    60. The authority citation for part 1919 continues to read as 
follows:

    Authority: Sec.41, Longshore and Harbor Workers' Compensation 
Act (33 U.S.C. 941); Secs. 4, 6, 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) or 1-
90 (55 FR 9033); as applicable; 29 CFR 1911.


    61. In Sec. 1919.1, revise paragraphs (a) and (b)(2) to read as 
follows:


Sec. 1919.1  Purpose and scope.

    (a) The regulations in this Part implement Secs. 1915.115, 1917.50 
and 1918.11 of this chapter. They provide procedures and standards 
governing accreditation of persons by the Occupational Safety and 
Health Administration, U.S. Department of Labor, for the purpose of 
certificating vessels' cargo gear and shore-based material handling 
devices, and the manner in which such certification shall be performed.
    (b) * * *
    (2) When cargo gear certification is performed for shore-based 
material handling devices under standards established and enforced by 
the States wherein the devices are located, or by political 
subdivisions delegated this responsibility by the States, provided such 
standards meet the requirements of Sec. 1917.50(b)(2) of this chapter.
* * * * *

    62. In Sec. 1919.50, revise the section heading to read as follows:


Sec. 1919.50  Eligibility for accreditation to certificate shore-based 
material handling devices covered by Sec. 1917.50 of this chapter, 
safety and health regulations for marine terminals.

* * * * *
[FR Doc. 00-16545 Filed 6-29-00; 8:45 am]
BILLING CODE 4510-26-P