[Federal Register Volume 65, Number 236 (Thursday, December 7, 2000)]
[Proposed Rules]
[Pages 76598-76600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31187]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. H-052G]


Occupational Exposure to Cotton Dust

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

ACTION: Proposed rule; request for comments.

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SUMMARY: OSHA is proposing to amend the Cotton Dust Standard to add 
batch kier washed cotton to the types of washed cotton granted partial 
exemption from the Cotton Dust Standard, because those methods greatly 
reduce the risk of byssinosis when that cotton is spun and woven. This 
amendment is based on the recommendation of the industry/government/
union Task Force for Byssinosis Prevention and supported by published 
studies and government, union, and industry experts.
    Because OSHA believes the amendment is not controversial, the 
Agency is issuing it as a direct final rule published in the Final 
Rules section of

[[Page 76599]]

today's Federal Register. If no significant adverse comment is received 
on the direct final rule, OSHA will confirm the effective date of the 
final rule. If significant adverse comment is received, OSHA will 
withdraw the direct final rule and proceed with rulemaking on this 
proposal. A subsequent Federal Register document will be published to 
announce OSHA's action.

DATES: Written comments and requests for a hearing on this proposed 
rule must be submitted or sent electronically by February 5, 2001.

ADDRESSES: Comments and requests for a hearing may be sent in 
quadruplicate to Docket No. H-052G, Docket Office, Room N2625; 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Ave., N.W., Washington D.C. 20210 (202-693-
2350).
    Alternatively, one paper copy and one disc (3\1/2\ inch floppy in 
WordPerfect 6.0, 8.0 or ASCII) may be sent to the Docket mailing 
address; or one copy faxed to 202-693-1648 and 3 paper copies mailed to 
the Docket mailing address; or one copy E-mailed to ecomments.osha.gov 
and one paper copy mailed to the Docket mailing address.

FOR FURTHER INFORMATION CONTACT: Dr. Steven Bayard, Director of Office 
Risk Assessment, Occupational Safety and Health Administration, U.S. 
Department of Labor, Room N-3718, 200 Constitution Avenue, N.W., 
Washington, D.C. 20210, telephone: (202) 693-2275.

SUPPLEMENTARY INFORMATION:

Background

    OSHA is today publishing a Direct Final Rule (DFR) adding batch 
kier washing to the types of washed cotton receiving partial exemption 
from the Cotton Dust Standard. A complete discussion of that amendment 
is published in the preamble to the DFR. The DFR is published in the 
Final Rules section of today's Federal Register. That discussion 
includes the scientific basis for the amendment, the regulatory text, 
and other supporting information. That discussion is incorporated as 
part of this proposal.

Public Participation

    Any persons with significant adverse comments must submit those 
comments to the DFR by the dates specified in that document published 
in the Final Rules section of today's Federal Register.
    Interested persons are requested to submit written data, views and 
arguments concerning this proposal. These comments must be received by 
February 5, 2001 and submitted in quadruplicate to the Docket No. H-
052G, Docket Office; Room N2625; Occupational Safety and Health 
Administration; U.S. Department of Labor, 200 Constitution Ave., N.W., 
Washington DC 20210.
    Alternatively, one paper copy and one disc (3\1/2\ inch floppy in 
WordPerfect 6.0, 8.0 or ASCII) may be sent to that address, or one copy 
faxed to (202) 693-1648 and 3 paper copies mailed to the Docket mail 
address or one copy E-mailed to ecomments.osha.gov and one paper copy 
mailed to the Docket mail address.
    All written comments received within the specified comment period 
will be made a part of the record and will be available for public 
inspection and copying at the above Docket Office address.
    OSHA requests comments on all issues related to granting cotton 
mildly washed in the batch kier system partial exemption from OSHA's 
cotton dust standard and findings that there are no negative economic, 
environmental or other regulatory impacts. OSHA is not requesting 
comment on any other issues nor opening the record for any other issues 
except for this amendment to paragraph (n)(4).
    Additionally, under section 6(b)(3) of the OSH Act and 29 CFR 
1911.11, interested persons may file objections to the proposal and 
request an informal hearing. The objections and hearing requests should 
be submitted in the same manner as comments to the Docket Office at the 
above address and must comply with the following conditions:
    1. The objection must include the name and address of the objector;
    2. The objections must be mailed by January 22, 2001;
    3. The objections must specify with particularity the grounds upon 
which the objection is based;
    4. Each objection must be separately numbered; and
    5. The objections must be accompanied by a detailed summary of the 
evidence proposed to be adduced at the requested hearing.
    Interested persons who object to the proposed amendment or have 
changes to recommend may, of course, make those objections and their 
recommendations in their written comments and OSHA will fully consider 
them. There is no need to file formal ``objections'' separately unless 
the interested person requests a public hearing.
    OSHA recognizes that there may be interested persons who through 
their knowledge of health or their experience in the operations 
involved, would wish to endorse or support the amendment. OSHA welcomes 
such supportive comments, in order that the record of this rulemaking 
may present a balanced picture of the public response on the issues 
involved.

List of Subjects in 29 CFR Part 1910

    Cotton dust, Hazardous substances, Occupational safety and health, 
Reporting and recordkeeping requirements.

Authority and Signature

    This document was prepared under the direction of Charles N. 
Jeffress, Assistant Secretary of Labor for Occupational Safety and 
Health, 200 Constitution Avenue, NW., Washington, DC 20210.
    This action is taken pursuant to sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C 653, 655, 657), 
section 4 of the Administrative Procedure Act (5 U.S.C. 553), Secretary 
of Labor's Order No. 3-2000 (65 FR 50017) and 29 CFR part 1911. Part 
1910, Title 29, Code of Federal Regulations, is proposed to be amended 
as set forth below.

    Signed at Washington, DC, this 4th day of December, 2000.
Charles N. Jeffress,
Assistant Secretary of Labor.
    Part 1910 of Title 29 of the Code of Federal Regulations is hereby 
proposed to be amended as set forth below:

PART 1910--[AMENDED]

    1. The authority citation for Subpart Z of Part 1910 is proposed to 
be amended to read as follows:


    Authority: Sections 4, 6 and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), 6-96 (62 FR 111), or 3-2000 (65 FR 50017), as applicable; 
and 29 CFR part 1911.
    All of subpart Z issued under sec. 6 (b) of the Occupational 
Safety and Health Act, except those substances that have exposure 
limits listed in Tables Z-1, Z-2, and Z-3 of 29 CFR 1910.1000. The 
latter were issued under sec. 6(a) (29 U.S.C. 655(a)).
    Section 1910.1000 Z-1, Z-2, Z-3, and 1910.1043(n) also issued 
under 5 U.S.C. 553, Section 1910.1000 Tables Z-1, Z-2, and Z-3 not 
issued under 29 CFR part 1911 except for the arsenic (organic 
compounds), benzene, and cotton dust listings.
    Section 1910.1001 also issued under section 107 of the Contract 
Work Hours and Safety Standards Act ( 40 U.S.C. 333) and 5 U.S.C. 
553.
    Section 1910.1002 not issued under 29 U.S.C. 655 or 29 CFR part 
1911; also issued under 5 U.S.C. 553.
    Sections 1910.1018, 1910.1029 and 1910.1200 are also issued 
under 29 U.S.C. 653.


[[Page 76600]]


    2. OSHA proposes to amend Sec. 1910.1043 by revising paragraph 
(n) (4) as follows:


Sec. 1910.1043  Cotton dust.

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    (n) * * *
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    (4) Higher grade washed cotton. The handling or processing of 
cotton classed as ``low middling light spotted or better'' (color grade 
52 or better and leaf grade code 5 or better according to the 1993 USDA 
classification system) shall be exempt from all provisions of the 
standard except the requirements of paragraphs (h) medical 
surveillance, 
(k) (2) through (4) recordkeeping--medical records, and Appendices B, 
C, and D of this section, if they have been washed on the following 
systems.
    (i) On a continuous batt system or a rayon rinse system including 
the following conditions:
    (A) With water;
    (B) At a temperature of no less than 60 deg. C;
    (C) With a water-to-fiber ratio of no less than 40:1; and
    (D) With the bacterial levels in the wash water controlled to limit 
bacterial contamination of the cotton.
    (ii) On a batch kier washing system including the following 
conditions:
    (A) With water;
    (B) With cotton fiber mechanically opened and thoroughly prewetted 
before forming the cake;
    (C) For low-temperature processing, at a temperature of no less 
than 60 deg. C with a water-to-fiber ratio of no less than 40:1; or, 
for high-temperature processing at a temperature of no less than 
93 deg. C with a water-to-fiber ratio of no less than 15:1;
    (D) With a minimum of one wash cycle followed by two rinse cycles 
for each batch, using fresh water in each cycle, and
    (E) With bacteria levels in the wash water controlled to limit 
bacterial contamination of the cotton.
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[FR Doc. 00-31187 Filed 12-6-00; 8:45 am]
BILLING CODE 4510-26-P