Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 14727 

TABLE 1.—SBS ALLOWING PREVIOUS CREDIT—Continued 

(5) Engine—Accessory Gearbox Starter Pad Drain—Install the Open Starter Drain Adapter (23077526 or 23083403); RRC SB No. AE 3007C–

72–223, dated January 19, 2006. 

Alternative Methods of Compliance (AMOC) 

(k) The Manager, Chicago Aircraft 

Certification Office, has the authority to 

approve AMOCs for this AD if requested 

using the procedures found in 14 CFR 39.19. 

(l) AMOCs approved for AD 99–02–51 are 

not approved as AMOCs for this AD. 

Related Information 

(m) Contact Kyri Zaroyiannis, Aerospace 

Engineer, Chicago Aircraft Certification 

Office, Small Airplane Directorate, FAA, 

2300 E. Devon Ave., Des Plaines, IL 60018; 

e-mail: kyri.zaroyiannis@faa.gov; telephone 

(847) 294–7836; fax (847) 294–7834, for more 

information about this AD. 

Issued in Burlington, Massachusetts, on 

March 23, 2007. 

Francis A. Favara, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–5775 Filed 3–28–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1926 

[New Docket No. OSHA—2007–0012, Old 

Docket No. S–204A] 

RIN 1218–AC02 

Notice of Availability of the Regulatory 

Flexibility Act Review of the 

Occupational Safety Standard for 

Excavations 

AGENCY: Occupational Safety and Health 

Administration, Department of Labor. 

ACTION: Notice of availability. 

SUMMARY: The Occupational Safety and 

Health Administration (OSHA) has 

completed a review of its Excavations 

Standard pursuant to section 610 of the 

Regulatory Flexibility Act and section 5 

of Executive Order 12866 on Regulatory 

Planning and Review. In 1989, OSHA 

issued a final, revised Excavations 

Standard to reduce deaths and injuries 

from excavation and trenching activities 

in the construction industry. This 

regulatory review concludes that the 

1989 Excavations Standard has reduced 

deaths from approximately 90 to 70 per 

year while real construction activity has 

increased by 20%. The review also 

concludes that the Standard has not had 

a negative impact on small business, 

that the cost of control technology has 

been reduced, that the Standard is 

understandable and does not conflict 

with other rules, and that commenters 

agree that the Standard should be 

retained. Based on this review, OSHA 

concludes that the Excavations Standard 

should remain in effect, but OSHA will 

issue some improved guidance and 

training materials, based on commenters 

suggestions. 

ADDRESSES: Copies of the entire report 

may be obtained from the OSHA 

Publication Office, Room N–3101, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone (202) 693–1888; 

Fax (202) 693–2498. The full report, 

comments, and referenced documents 

are available for review at the OSHA 

Docket Office, New Docket No. OSHA–

2007–0012, Old Docket No. S–204A, 

Room N–2625, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone (202) 693–2350 (OSHA’s TTY 

number is (877) 889–5627). OSHA’s 

Docket Office hours of operation are 

8:15 a.m. to 4:45 p.m., e.t. The main text 

of the report, this Federal Register 

Notice and any news releases will 

become available at the OSHA Webpage 

at http://www.OSHA.gov. Electronic 

copies of this Federal Register 

Document, the full text of the report, 

comments and referenced documents 

are or will become available at http:// 

www.regulations.gov 

FOR FURTHER INFORMATION CONTACT: 

General information: Joanna Dizikes 

Friedrich, OSHA Directorate of 

Evaluation and Analysis, Room N–3641, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone (202) 693–1939. 

Technical inquiries about the 

Excavations Standard: Garvin Branch, 

OSHA, Directorate of Construction, 

Room N–3468, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–2020. Press inquiries: Elaine Fraser, 

OSHA Office of Communications, N–

3637, 200 Constitution Avenue, NW., 

Washington DC 20210; telephone (202) 

693–1999. 

SUPPLEMENTARY INFORMATION: The 

Occupational Safety and Health 

Administration (OSHA) has completed a 

‘‘lookback’’ review of its Excavations 

Standard, 29 CFR part 1926, Subpart P, 

§§ 1926.650 to 1926.652 and 

Appendices A to F, titled ‘‘Regulatory 

Review of 29 CFR part 1926, Subpart P: 

Excavations, March 2007’’ (‘‘Regulatory 

Review’’). This Federal Register 

document announces the availability of 

the Regulatory Review and briefly 

summarizes it. 

The Regulatory Review was 

undertaken pursuant to and meets the 

requirements of section 610 of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) and section 5 of Executive Order 

12866 (59 FR 51739, Oct 4, 1993). The 

purpose of a review under section 610 

of the Regulatory Flexibility Act is to 

determine whether a rule should be 

continued without change, or should be 

amended or rescinded, consistent with 

the stated objectives of applicable 

statutes to minimize any significant 

impact of the rule on a substantial 

number of small entities. In making this 

determination, the Agency considers the 

following factors: 

(1) The continued need for the rule; 

(2) The nature of complaints or 

comments received concerning the rule 

from the public; 

(3) The complexity of the rule; 

(4) The extent to which the rule 

overlaps, duplicates or conflicts with 

other Federal rules; and to the extent 

feasible, with state and local 

governmental rules; and 

(5) The length of time since the rule 

has been evaluated and the degree to 

which technology, economic conditions, 

or other factors have changed in the 

areas affected by the rule. 

Under section 5 of Executive Order 

12866, agencies examine whether rules 

have become unjustified or unnecessary 

as a result of changed circumstances, 

whether they are both compatible with 

other rules and not duplicative or 

inappropriately burdensome in the 

aggregate, whether they are consistent 

with the President’s priorities and the 

principles set forth in the Executive 

Order, within applicable law, and 

whether their effectiveness can be 

improved. 

On October 31, 1989, OSHA issued a 

final, revised Standard for excavation 

and trenching, at 54 FR 45894. The 

revision updated the previous standard 

by simplifying many of the existing 

provisions, adding and clarifying 

definitions, eliminating duplicate 

provisions and ambiguous language, 

and giving employers added flexibility 

in providing protection for employees. 

In addition, the Standard provided 

several new appendices. One appendix 

provided a consistent method of soil 

classification. Others provided sloping 


pwalker on PROD1PC71 with PROPOSALS
14728 Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 

and benching requirements, pictorial 

examples of shoring and shielding 

devices, timber tables, hydraulic shoring 

tables and section charts that provide a 

graphic summary of the requirements 

contained in the Standard. 

On August 21, 2002, OSHA published 

a Federal Register document requesting 

public comments on the Excavations 

Standard and, specifically, on all issues 

raised by section 610 of the RFA and 

section 5 of Executive Order 12866 (67 

FR 54103). The Regulatory Review 

summarizes the public comments and 

responds to them, and makes the 

following major findings: 

• There is a continued need for the 

Standard. The annual number of 

trenching and excavation fatalities has 

declined from an estimated 90 fatalities 

per year prior to the enactment of the 

1989 Standard, to approximately 70 per 

year since 1990. 

This 22% reduction is even more 

impressive given the 20% real increase 

in construction activity over this period. 

Therefore, in relation to increased 

construction activity, fatalities have 

been reduced by more than 40%. 

Although the Standard has improved 

safety, it remains needed in light of the 

ongoing occurrence of related fatalities, 

most of which result from violations of 

the Standard. OSHA intends to expand 

outreach and maintain enforcement to 

further reduce fatalities. 

• The Standard does not impose an 

unnecessary or disproportionate burden 

on small business or on industry in 

general. The cost of protective systems 

has decreased by 10 percent in real 

dollars between 1990 and 2001. The 

number of small businesses engaged in 

excavation activity has increased, and 

the percentage of excavation work done 

by small business has increased. Real 

construction activity has increased. 

• There is no indication that 

employers are unable to comply due to 

the complexity of the revised Standard. 

Nonetheless, public comments 

suggested some ways in which the 

Standard might be simplified or 

clarified (although some argued that any 

changes would only serve to confuse 

and discourage those who now 

understand and follow the Standard). 

The expanded outreach will address 

these matters. 

• In general, the Standard does not 

overlap, duplicate, or conflict with other 

state or Federal rules. Several 

commenters, however, identified a 

possible conflict between the 

Excavations Standard and OSHA’s 

standard for confined spaces. OSHA 

will address this issue in its future 

rulemaking for confined spaces in 

construction. 

• Economic and technological trends 

have not reduced the need for the 

Standard. However, the development of 

so-called ‘‘trenchless’’ technologies (e.g., 

directional boring machines) has added 

a new dimension to excavation work 

(including additional hazards) that 

OSHA will monitor. 

• Public comments contained some 

specific suggestions for how the 

Standard could be made more effective, 

although the comments were divided as 

to whether or not the Standard should 

be modified. In light of the effectiveness 

of the Standard, the certainty it has 

created, and limited regulatory 

resources, major modifications are not 

of high priority. 

• The National Transportation Safety 

Board (NSTB) recommended that OSHA 

amend the Excavations Standard to 

require employers to notify appropriate 

authorities after excavation activities 

create a gas leak or leak of other 

hazardous substances. Since then, the 

‘‘Pipeline Inspection, Protection, 

Enforcement, and Safety Act (PIPES) of 

2006’’ has been enacted. Section 2 of 

PIPES requires all persons (including 

employers) engaged in demolition, 

excavation, tunneling, or construction to 

immediately call 911 if: (1) They 

damage a pipeline that may endanger 

life or cause serious bodily harm or 

damage to property; and (2) such 

damage results in the escape of 

flammable, toxic, or corrosive gas or 

liquid. OSHA will monitor the 

implementation of PIPES and consider 

whether amending the Excavations 

Standard as suggested by NTSB is 

necessary and appropriate. 

• The Standard remains consistent 

with the President’s priorities to the 

extent that it has produced the intended 

benefits, a reduction in trenching and 

excavation fatalities and injuries, while 

not causing negative economic effects. 

Based on the findings of this review, 

OSHA finds that the Excavations 

Standard should be continued. OSHA 

also believes that further increases in 

safety might be achieved through 

increased outreach and training. 

Signed at Washington, DC, this 19th day of 

March, 2007. 

Edwin G. Foulke, Jr., 

Assistant Secretary of Labor. 

[FR Doc. E7–5609 Filed 3–28–07; 8:45 am] 

BILLING CODE 4510–26–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0774; FRL–8284–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to Indiana’s State 

Implementation Plan (SIP) submitted on 

August 25, 2006, revising its existing 

emission reporting rule to be consistent 

with the emission statement program 

requirements for stationary sources in 

the Clean Air Act (CAA). Indiana held 

public hearings on the submittal on 

December 7, 2005, and March 1, 2006. 

DATES: Comments must be received on 

or before April 30, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05–

OAR–2006–0774, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312)886–5824. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m. excluding Federal 

holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

Hatten.Charles@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 


pwalker on PROD1PC71 with PROPOSALS