[Federal Register Volume 65, Number 236 (Thursday, December 7, 2000)]
[Notices]
[Pages 76667-76669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31188]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. H-052F]


Occupational Exposure to Cotton Dust: Notice of the Availability 
of a Lookback Review Pursuant to the Regulatory Flexibility Act and 
Executive Order 12866

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

ACTION: Notice.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) has 
completed a lookback review of its Cotton Dust Standard, 29 CFR 
1910.1043, pursuant to Sec. 610 of the Regulatory Flexibility Act and 
Sec. 5 of Executive Order 12866. That review, ``Regulatory Review of 
OSHA's Cotton Dust Standard, September 2000,'' indicates: that the 
standard has reduced byssinosis rates from 12% to 1%; that the standard 
cost one-quarter to one-half of various estimates and increased 
productivity; that the standard does not impose a significant impact on 
small business; and that public commenters agree that the standard 
should remain in effect. Based on this review, OSHA concludes that the 
Cotton Dust Standard should be continued without change except that the 
washed cotton partial exemption to the standard should be expanded 
based on new studies and recommendations from industry, unions and 
government experts. See the Final Rules section of today's Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Joanna Dizikes Friedrich, Directorate 
of Policy Rm. N3641, OSHA, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210, telephone (202) 693-1939. Direct 
technical inquiries about the Cotton Dust Standard to Gail Brinkerhoff, 
Rm. N3603, telephone (202) 693-2190, or visit the OSHA Homepage at 
www.OSHA.dol.gov. Direct press inquiries to Bonnie Friedman, Director 
of Information and Consumer Affairs, Rm. N-3647, telephone (202) 693-
1999.

ADDRESSES: Copies of the entire report may be obtained from the OSHA 
Publication Office, Rm. N-3101, 200 Constitution Avenue, NW., 
Washington, DC 20210, tel. (202) 693-1888, Fax (202) 693-2498. The full 
report, comments, and referenced documents are available for review at 
the OSHA Docket Office, Docket No. H-052F, Rm. 2625, 200 Constitution 
Ave., NW. Washington, DC 20210, tel. (202) 693-2119. The main text of 
the report will become available on the OSHA web page at 
www.OSHA.dol.gov.

SUPPLEMENTARY INFORMATION: The Occupational Safety and Health 
Administration (OSHA) issued its final Cotton Dust Standard June 23, 
1978 (43 FR 27351) and amended it December 12, 1985 (50 FR 51120). That 
standard is codified at 29 CFR 1910.1043.
    OSHA has completed a ``Lookback'' review of the Cotton Dust 
Standard titled, ``Regulatory Review of OSHA's Cotton Dust Standard, 
September 2000.'' This Federal Register notice announces the 
availability of that review and briefly summarizes it.
    The purpose of the Cotton Dust Standard is to greatly reduce the 
significant risk of byssinosis (brown lung disease), a disabling lung 
disease. Prior to the standard more than 50,000 cotton textile workers 
suffered from the disease at any one time.
    The Cotton Dust Standard sets maximum permissible exposure limits 
(PELs) for cotton dust which vary by operation. It includes 
requirements for monitoring, medical surveillance, work practices and 
other requirements. It includes partial exemptions for the processing 
of cotton washed according to various protocols which greatly reduce 
the cotton's biological reactivity. Certain sections of the industry, 
such as knitting, are partially or completely exempt from the standard 
because those sections do not present significant risk of byssinosis.
    In 1998, the Occupational Safety and Health Administration (OSHA) 
began a review of its Cotton Dust Standard under Section 610 of the 
Regulatory Flexibility Act (5 U.S.C. 601, 610) and Section 5 of 
Executive Order (EO) 12866 on Regulatory Planning and Review.
    The purpose of a review under Section 610 of the Regulatory 
Flexibility Act (RFA):

    ``(S)hall be to determine whether such rule should be continued 
without change, or should be rescinded, or amended consistent with 
the stated objectives of applicable statutes to minimize any 
significant impact of the rules on a substantial number of small 
entities.''
    ``The Agency shall consider 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 or the 
degree to which technology, economic conditions, or other factors 
have changed in the area affected by the rule.''

    The review requirements of Section 5 of EO 12866 require agencies:

    To reduce the regulatory burden on the American people, their 
families, their communities, their State, local, and tribal 
governments, and their industries; to determine whether regulations 
promulgated by the [Agency] have become unjustified or unnecessary 
as a result of changed circumstances; to confirm that regulations 
are both compatible with each other and not duplicative or 
inappropriately burdensome in the aggregate; to ensure that all 
regulations are consistent with the President's priorities and the 
principles set forth in this Executive Order, within applicable law; 
and to otherwise improve the effectiveness of existing regulations.

    To carry out these reviews, on June 23, 1998, OSHA asked the public 
for comments on all issues raised by these provisions (63 FR 34140). 
Among other things, OSHA requested comments on: the benefits and 
utility of the rule in its current form; the continued need for the 
rule; the complexity of the rule; and whether, and to what extent, the 
rule overlaps, duplicates, or conflicts with other Federal, State, and 
local government rules. OSHA also asked for comments on new 
developments in technology, economic conditions, or other factors 
affecting the ability of covered firms to comply with the Cotton Dust 
Standard and on alternatives to the rule that would minimize 
significant impacts on small businesses while achieving the objectives 
of the Occupational Safety and Health Act.
    OSHA accepted written comments from June 23, 1998 through August 
31, 1998. OSHA also conducted two public meetings, on July 24 and July 
30, 1998,

[[Page 76668]]

in Atlanta, Georgia, and Washington, DC, respectively. Comments were 
received from employers, trade associations, the National Institute for 
Occupational Safety and Health, U.S. Department of Agriculture, the 
joint industry/government/union Task Force for Byssinosis Prevention, 
trade unions and textile workers. OSHA also considered the many 
published studies and reports on relevant issues. All documents, 
studies and comments received relevant to the review, transcripts of 
the oral hearings and documents discussed in this report are available 
at the OSHA Docket Office, Docket No. H-052F, Room N-3625, U.S. 
Department of Labor, 200 Constitution Avenue, NW, Washington, DC 20210, 
telephone: (202) 693-2350.
    Conclusions: Based on the comments and testimony of participants in 
this lookback review process and the studies and other evidence 
submitted to the public docket, OSHA concludes as discussed in depth in 
``Regulatory Review of OSHA's Cotton Dust Standard, Sept. 2000,'' that 
the Agency's standard should be continued without change (except for an 
expansion of the washed cotton exemption discussed below). The evidence 
also demonstrates that the standard does not need to be rescinded or 
amended to minimize significant impacts on a substantial number of 
small entities.
    OSHA also finds that the Cotton Dust standard is necessary to 
protect employee health, is compatible with other OSHA standards, is 
not duplicative or in conflict with other Federal, State, or local 
government rules, is not inappropriately burdensome, and is consistent 
with the President's priorities and the principles of EO 12866. 
Further, no changes have occurred in technological, economic, or other 
factors that would warrant revision of the standard at this time.
    The major impact of the Cotton Dust Standard is on firms in the 
cotton-using 4 digit SIC sectors of the textile industry. These are 
firms which open and process raw cotton, spin that cotton into cotton 
and cotton blend yarn and thread, and turn that yarn and thread into 
cotton and cotton blend fabrics. (The report also discusses other 
sectors and operations where the standard has some impact.)
    It is estimated that there are approximately 466 cotton using 
establishments in these textile sectors. It also can be estimated that 
between 70,000 and 105,000 employees work in these establishments.
    It is estimated that the prevalence rate of byssinosis among cotton 
textile workers was approximately 20% in the early 1970's. The 
completion of studies confirming these rates and OSHA's announcement of 
regulatory activities led some firms to lower exposures leading to an 
estimated prevalence rate of 12% just before OSHA issued the Cotton 
Dust Standard in 1978.
    The provisions of the Cotton Dust Standard, lowering workers' 
exposure to cotton dust and requiring medical surveillance, transfer to 
lower exposure areas, work practices, etc., helped reduce the 
byssinosis prevalence rate to approximately 0.68%. The number of 
workers with byssinosis has been reduced to approximately 700 from 
approximately 12,000 in 1978 and 50,000 in 1970 (when the number of 
exposed workers was higher). The cotton dust standard has been highly 
successful in protecting the health of cotton textile workers from 
byssinosis and achieving the stated objective of the OSH Act.
    OSHA had estimated that the capital cost of the Cotton Dust 
Standard would be $550 million in 1977 dollars, which was the low end 
of varying estimates. The actual cost was $243 million in 1982 dollars 
or $153 million in 1977 dollars.
    The reason for the lower costs was that the standard encouraged 
industry to invest in more productive equipment to come into 
compliance. Industry purchased such things as automated opening 
equipment and air-jet looms to come into compliance rather than 
utilizing add-on ventilation.
    A further result was that the Cotton Dust Standard contributed to 
increasing industry productivity growth, which was 2.5% per year in the 
1972-79 period and increased to 3.5% per year in the 1979-1991 period. 
It is clear that the technological changes since the standard was 
issued have been positive for the industry and the standard has 
encouraged those positive technological developments.
    It is also clear that the rule did not have any significant 
negative economic impact on a substantial number of small businesses. 
The large majority of firms affected are small businesses as defined by 
the Small Business Administration (SBA). Sales in the major cotton-
using SICs increased from $20 billion in 1982, to $27 billion in 1992 
to $38 billion in 1996 to $40 billion in 1998. Sales of small 
businesses as defined by the SBA in those SICs increased from $34 
billion in 1996 to $36.5 billion in 1998. Sales of the smallest firms 
in that period increased from $6 billion to $10 billion.
    Further evidence of the health of the small business sector is the 
entry of new small businesses into the cotton using SICs. The number of 
establishments with 1-19 employees increased 21% from 1977 to 1992, and 
the number of firms with 1-19 employees increased 55% from 1990 to 
1996. (Different statistical series were available for the different 
periods.)
    There is a continuing need for the Cotton Dust Standard. Without 
the exposure limits, medical surveillance, and other requirements of 
the standard, byssinosis prevalence rates would increase. All 
commenters supported the retention of the Cotton Dust Standard, and 
there were no criticisms that it was too complex. The stakeholders 
understand the standard, and its more technical requirements are 
necessary for effective medical surveillance and accurate monitoring.
    The Cotton Dust Standard does not conflict with other Federal or 
state rules. Most of the cotton textile industry is located in states 
with their own state OSHA's. Those states have adopted cotton dust 
standards which are virtually identical to the Federal standard (they 
must adopt standards that are at least as effective as the Federal 
standard), and those states enforce their state standards.
    Some commenters recommended minor technical changes to the Cotton 
Dust Standard. Those are discussed and OSHA conclusions stated in 
chapter VI. 5 of the full review. OSHA concluded that some of the 
suggestions, such as technical changes to the medical protocol, were 
for provisions that are working effectively and it was not worth 
regulatory resources to propose minor changes. Some of the other 
recommended minor changes, such as on monitoring frequency, were quite 
controversial with many opposing such changes. Consequently OSHA 
concluded it was not appropriate to propose such changes absent 
meaningful new evidence which was not presented.
    The ``Reg Flex'' and Executive Order reviews did bring convincingly 
to OSHA's attention one change to the Cotton Dust Standard that appears 
strongly justified. Consequently OSHA is issuing that change by direct 
final rule in today's Federal Register.
    Washing cotton according to certain protocols reduces the 
bioactivity of that cotton and its ability to cause byssinosis. Not all 
washing processes reduce the bioactivity, and cotton washed by certain 
processes can not be spun and woven into quality textiles. The 1985 
amendments to the Cotton Dust Standard give a partial exemption for 
processing cotton washed according to certain protocols based on 
studies showing such cotton has greatly reduced bioactivity.

[[Page 76669]]

    The industry/government/union Task Force for Byssinosis Prevention 
sponsors research to develop washing techniques which reduce 
bioactivity and create processable cotton. That Task Force has 
recommended that OSHA add an additional washing process, batch kier 
processing, to those that receive partial exemption, because batch kier 
processing, according to a specified protocol, greatly reduces 
bioactivity. That recommendation is supported by studies and 
recommendations of the National Institute for Occupational Safety and 
Health, the U.S. Department of Agriculture, industry groups and unions. 
Consequently, OSHA is taking prompt action to implement that 
recommendation and increase the flexibility available to the cotton 
textile industry while protecting textile worker health.

    Signed at Washington, DC, this 18th day of October, 2000.
Charles N. Jeffress,
Assistant Secretary of Labor.
[FR Doc. 00-31188 Filed 12-6-00; 8:45 am]
BILLING CODE 4510-26-P