Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations 54611 

Authority: 44 U.S.C. 3501–3520. 

■ 2. Revise § 389.101 to read as follows: 

§ 389.101 OMB control numbers assigned 

pursuant to the Paperwork Reduction Act. 

This part concerns Office of 

Management and Budget (OMB) control 

numbers assigned to information 

collection requirements. Current OMB 

control numbers are available at https:// 

www.ferc.gov. For the most current 

information, interested persons should 

consult the Commission’s website under 

‘‘Enforcement Legal’’ and then ‘‘Legal’’ 

and then ‘‘Information Collections’’ or 

directly at https://www.ferc.gov/ 

enforcement-legal/legal/informationcollections. 

[FR Doc. 2021–21153 Filed 10–1–21; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1915 

Incorporation by Reference; Notice of 

Corrections 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: OSHA is making minor 

corrections to the Incorporation by 

Reference (IBR) section for Maritime 

due to inadvertent mistakes in three 

final rules: Updating OSHA Standards 

Based on National Consensus 

Standards, Personal Protective 

Equipment; Updating OSHA Standards 

Based on National Consensus 

Standards, Eye and Face Protection; and 

Standards Improvement Project-Phase 

IV. The notice also updates contact 

information for a government agency 

and consensus organizations in the 

Incorporation by Reference section and 

adjusts the codification to meet Office of 

the Federal Register requirements. 

DATES: Effective October 4, 2021. 

FOR FURTHER INFORMATION CONTACT:

Press inquiries: Frank Meilinger, 

Director, OSHA Office of 

Communications; telephone: (202) 693– 

1999; email: meilinger.francis2@dol.gov. 

General and technical information: 

Amy Wangdahl, Director, Office of 

Maritime and Agriculture, OSHA 

Directorate of Standards and Guidance; 

telephone: (202) 693–2066; email: 

wangdahl.amy@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary and Explanation 

OSHA published three final rules 

containing inadvertent errors in the 

Incorporation by Reference section for 

Maritime, § 1915.5. The final rules were 

Updating OSHA Standards Based on 

National Consensus Standards, Personal 

Protective Equipment, published 

September 9, 2009 (74 FR 46350); 

Updating OSHA Standards Based on 

National Consensus Standards, Eye and 

Face Protection, published March 25, 

2016 (81 FR 16085); and Standards 

Improvement Project-Phase IV, 

published May 14, 2019 (84 FR 21416). 

The agency is submitting this document 

to correct errors in these three final 

rules that included numerical and 

typographical errors, as well as move 

paragraph § 1915.5 (c) to paragraph 

(b)(3), so that all incorporation by 

reference (IBR) approval and contact 

language is contained in one paragraph 

(see 1 CFR part 51 and the Office of the 

Federal Register’s (OFR’s) IBR 

Handbook). In addition, this document 

updates the contact information for the 

National Archives and Records 

Administration (NARA) in former 

§ 1915.5(c), National Safety Council in 

§ 1915.5(d)(4) and (5), IHS Standards 

Store in § 1915.5(d)(6)(ii), (7)(ii) and 

(8)(ii), TechStreet Store in 

§ 1915.5(d)(6)(iii), (7)(iii) and (8)(iii), 

International Safety Equipment 

Association (ISEA) in § 1915.5(d)(9) to 

(11), and American Society of 

Mechanical Engineers (ASME) in 

§ 1915.5(e), American Conference of 

Governmental Industrial Hygienists 

(ACGIH) in § 1915.5(f), National Fire 

Protection Association (NFPA) in former 

§ 1915.5(f)(1)(i), and ASTM 

International in § 1915.5(g). Paragraphs 

§ 1915.5 (d)(7) and (d)(8) incorrectly 

cross-referenced part 1910 instead of 

part 1915. All of paragraph (f)(1)(i) was 

out of sequence and renumbered as 

paragraph (i). Table 1 summarizes the 

errors, omission, and updates by 

paragraph for § 1915.5. Additional 

revisions to meet Office of the Federal 

Register requirements, such as the 

removal of full paragraph citations for 

outlying sections, are included in the 

revision and republishing of § 1915.5. 

TABLE 1—SUMMARY OF REVISIONS

Current language Corrected language Explanation 

1915.5(b)(3)—Currently paragraph (c) Copies 

of standards listed in this section and issued 

by private standards organizations are available for purchase from the issuing organizations at the addresses or through the other 

contact information listed below for these private standards organizations. In addition, the 

standards are available for inspection at any 

Regional Office of the Occupational Safety 

and Health Administration (OSHA), or at the 

OSHA Docket Office, U.S. Department of 

Labor, 200 Constitution Avenue NW, Room 

N–3508, Washington, DC 20210; telephone: 

202–693–2350 (TTY number: 877–889– 

5627). These standards are also available for 

inspection at the National Archives and 

Records Administration (NARA). For information on the availability of these standards at 

NARA, telephone: 202–741–6030, or go to 

www.archives.gov/federalregister/cfr/ibr-locations.html. 

1915.5(b)(3) Copies of standards listed in this 

section and issued by private standards organizations are available for purchase from 

the issuing organizations at the addresses 

or through the other contact information listed elsewhere in this section for these private standards organizations. In addition, 

the standards are available for inspection at 

any Regional Office of the Occupational 

Safety and Health Administration (OSHA), 

or at the OSHA Docket Office, U.S. Department of Labor, 200 Constitution Avenue 

NW, Room N–3508, Washington, DC 

20210; telephone: 202–693–2350 (TTY 

number: 877–889–5627). These standards 

are also available for inspection at the National Archives and Records Administration 

(NARA). For information on the availability 

of these standards at NARA, email 

fr.inspection@nara.gov, or go to 

www.archives.gov/federal-register/cfr/ibr-locations.html. 

Paragraph (c), which contains availability and 

contact information for OSHA, is redesignated paragraph (b)(3), so that all required 

approval and availability language is in a 

single paragraph, following OFR’s IBR requirements. Update contact information for 

the NARA IBR. 

54612 Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations 

TABLE 1—SUMMARY OF REVISIONS—Continued 

Current language Corrected language Explanation 

1915.5(d)(4) ANSI Z41–1999, American National Standard for Personal Protection-Protective Footwear; IBR approved for 

§ 1915.156(b)(1)(ii). Copies of ANSI Z41– 

1999 are available for purchase only from the 

National Safety Council, P.O. Box 558, 

Itasca, IL 60143–0558; telephone: 1–800– 

621–7619; fax: 708–285–0797; website: 

http://www.nsc.org. 

1915.5(d)(4) ANSI Z41–1999, American National Standard for Personal Protection— 

Protective Footwear; IBR approved for 

§ 1915.156(b). Copies of ANSI Z41–1999 

are available for purchase only from the 

National Safety Council, 1121 Spring Lake 

Drive, Itasca, IL 60143–3201; telephone: 

(800) 621–7619; fax: 630–285–1434; 

website: www.nsc.org. 

Remove full paragraph citations for outlying 

sections. Update contact information for the 

National Safety Council. 

1915.5(d)(5) ANSI Z41–1991, American National Standard for Personal Protection-Protective Footwear; IBR approved for 

§ 1915.156(b)(1)(iii). Copies of ANSI Z41– 

1991 are available for purchase only from the 

National Safety Council, P.O. Box 558, 

Itasca, IL 60143–0558; telephone: 1–800– 

621–7619; fax: 708–285–0797; website: 

http://www.nsc.org. 

1915.5(d)(5) ANSI Z41–1991, American National Standard for Personal Protection— 

Protective Footwear; IBR approved for 

§ 1915.156(b). Copies of ANSI Z41–1991 

are available for purchase only from the 

National Safety Council, 1121 Spring Lake 

Drive, Itasca, IL 60143–3201; telephone: 

(800) 621–7619; fax: 630–285–1434; 

website: www.nsc.org. 

Remove full paragraph citations for outlying 

sections. Update contact information for the 

National Safety Council. 

1915.5(d)(6)(ii), (7)(ii), and (8)(ii) IHS Standards 

Store, 15 Inverness Way East, Englewood, 

CO 80112; telephone: (877) 413–5184; 

website: http://global.ihs.com; or 

1915.5(d)(6)(ii), (7)(ii), and (8)(ii) IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: (800) 447– 

2273; website: https://global.ihs.com; or 

Update contact information for the IHS Standards Store. 

1915.5(d)(6)(iii), (7)(iii), and (8)(iii) TechStreet 

Store, 3916 Ranchero Dr., Ann Arbor, MI 

48108; telephone: (877) 699–9277; website: 

http://techstreet.com. 

1915.5(d)(6)(iii), (7)(iii), and (8)(iii) TechStreet 

Store, 3025 Boardwalk Drive, Suite 220, 

Ann Arbor, MI 48108; telephone: (855) 

999–9870; website: www.techstreet.com. 

Update contact information for the TechStreet 

Store. 

1915.5(d)(7) ANSI Z87.1–2003, Occupational 

and Educational Personal Eye and Face Protection Devices, approved June 19, 2003; 

IBR approved for § 1910.153(b). * * * 

1915.5(d)(7) ANSI Z87.1–2003, Occupational 

and Educational Personal Eye and Face 

Protection Devices, approved June 19, 

2003; IBR approved for § 1915.153(b). 

* * * 

The 2016 revision (81 FR 16085, March 25, 

2016) incorrectly changed this cross-reference from part 1915 to part 1910. 

1915.5(d)(8) ANSI Z87.1–1989 (R–1998), Practice for Occupational and Educational Eye 

and Face Protection, Reaffirmation approved 

January 4, 1999; IBR approved for 

§ 1910.153(b). * * * 

1915.5(d)(8) ANSI Z87.1–1989 (R–1998), 

Practice for Occupational and Educational 

Eye and Face Protection, Reaffirmation approved January 4, 1999; IBR approved for 

§ 1915.153(b). * * * 

The 2016 revision (81 FR 16085, March 25, 

2016) incorrectly changed this cross-reference from part 1915 to part 1910. 

1915.5(d)(9) American National Standards Institute (ANSI) Z89.1–2009, American National 

Standard for Industrial Head Protection, approved January 26, 2009; IBR approved for 

§ 1915.155(b)(1)(i). Copies of ANSI Z89.1– 

2009 are available for purchase only from the 

International Safety Equipment Association, 

1901 North Moore Street, Arlington, VA 

22209–1762; telephone: 703–525–1695; fax: 

703–528–2148; website: 

www.safetyequipment.org. 

1915.5(d)(9) American National Standards Institute (ANSI) Z89.1–2009, American National Standard for Industrial Head Protection, approved January 26, 2009; IBR approved for § 1915.155(b). Copies of ANSI 

Z89.1–2009 are available for purchase only 

from the International Safety Equipment Association, 1101 Wilson Boulevard, Suite 

1425, Arlington, VA 22209–1762; telephone: 703–525–1695; fax: 703–528–2148; 

website: www.safetyequipment.org. 

Remove full paragraph citations for outlying 

sections. Update mailing address for the 

International Safety Equipment Association. 

1915.5(d)(10) American National Standards Institute (ANSI) Z89.1–2003, American National 

Standard for Industrial Head Protection; IBR 

approved for § 1915.155(b)(1)(ii). Copies of 

ANSI Z89.1–2003 are available for purchase 

only from the International Safety Equipment 

Association, 1901 North Moore Street, Arlington, VA 22209–1762; telephone: 703–525– 

1695; fax: 703–528–2148; website: 

www.safetyequipment.org. 

1915.5(d)(10) American National Standards 

Institute (ANSI) Z89.1–2003, American National Standard for Industrial Head Protection; IBR approved for § 1915.155(b). Copies of ANSI Z89.1–2003 are available for 

purchase only from the International Safety 

Equipment Association, 1101 Wilson Boulevard, Suite 1425, Arlington, VA 22209– 

1762; telephone: 703–525–1695; fax: 703– 

528–2148; website: 

www.safetyequipment.org. 

Remove full paragraph citations for outlying 

sections. Update mailing address for the 

International Safety Equipment Association. 

1915.5(d)(11) American National Standards Institute (ANSI) Z89.1–1997, American National 

Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements; IBR approved for 

§ 1915.155(b)(1)(iii). Copies of ANSI Z89.1– 

1997 are available for purchase only from the 

International Safety Equipment Association, 

1901 North Moore Street, Arlington, VA 

22209–1762; telephone: 703–525–1695; fax: 

703–528–2148; website: 

www.safetyequipment.org. 

1915.5(d)(11) American National Standards 

Institute (ANSI) Z89.1–1997, American National Standard for Personnel Protection— 

Protective Headwear for Industrial Workers—Requirements; IBR approved for 

§ 1915.155(b). Copies of ANSI Z89.1–1997 

are available for purchase only from the 

International Safety Equipment Association, 

1101 Wilson Boulevard, Suite 1425, Arlington, VA 22209–1762; telephone: 703–525– 

1695; fax: 703–528–2148; website: 

www.safetyequipment.org. 

Remove full paragraph citations for outlying 

sections. Update mailing address for the 

International Safety Equipment Association. 

Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations 54613 

TABLE 1—SUMMARY OF REVISIONS—Continued 

Current language Corrected language Explanation 

1915.5(e) The following material is available for 

purchase from the American Society of Mechanical Engineers, 345 East 47th Street, 

New York, New York 10017: 

1915.5(e) American Society of Mechanical 

Engineers (ASME), Two Park Avenue, New 

York, New York 10016; telephone: (800) 

843–2763; email: CustomerCare@

asme.org; website: https://www.asme.org/ 

codes-standards: 

Update contact information for ASME. 

1915.5(f) The following material is available for 

purchase from the American Conference of 

Governmental Industrial Hygienists (ACGIH), 

1014 Broadway, Cincinnati, OH 45202: 

1915.5(f) American Conference of Governmental Industrial Hygienists (ACGIH), 3640 

Park 42 Drive, Cincinnati, OH 45241; telephone: (513) 742–2020; website: https://

www.acgih.org/publications/: 

Update contact information for ACGIH. 

1915.5(f)(1)(i) The following material is available for purchase from the National Fire Protection Association, 1 Batterymarch Park, 

P.O. Box 9101, Quincy, MA 02269–9101: 

1915.5(i) National Fire Protection Association, 

1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269–9101; telephone: (800) 344– 

3555; email: orders@nfpa.org; website: 

https://www.nfpa.org/Codes-and-Standards: 

All of paragraph (i) is out of sequence following the publication of 84 FR 21416, May 

14, 2019. Update the contact information 

for NFPA. 

1915.5(g) Copies of the standards listed in this 

paragraph (g) are available for purchase from 

ASTM International, 100 Barr Harbor Drive, 

P.O. Box C700, West Conshohocken, PA 

19428–2959; telephone: 610–832–9585; fax: 

610–832–9555; e-mail: seviceastm.org; 

website: http://www.astm.org: 

1915.5(g) Copies of the standards listed in 

this paragraph (g) are available for purchase from ASTM International, 100 Barr 

Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959; telephone: 

610–832–9500; fax: 610–832–9555; email: 

service@astm.org; website: www.astm.org: 

The email address in paragraph (g) was published incorrectly in 74 FR 46350, Sept. 9, 

2009. Update the telephone number for 

ASTM International. 

II. Exemption From Notice-andComment Procedures 

OSHA has determined that these 

corrections are not subject to the 

procedures for public notice and 

comment specified in the 

Administrative Procedures Act (5 U.S.C. 

553), and Section 6(b) of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 655(b)). This 

rulemaking only corrects minor errors 

and makes non-substantive codification 

changes. No stakeholder is likely to 

object to these corrections. Therefore, 

the agency finds good cause that public 

notice and comment are unnecessary 

within the meaning of 5 U.S.C. 

553(b)(3)(B), 29 U.S.C. 655(b), and 29 

CFR 1911.5. 

List of Subjects for 29 CFR Part 1915 

Incorporation by reference. 

Authority and Signature 

James S. Frederick, Acting Assistant 

Secretary of Labor for Occupational 

Safety and Health, U.S. Department of 

Labor, 200 Constitution Avenue NW, 

Washington, DC 20210, authorized the 

preparation of this notice pursuant to 

Sections 4, 6, and 8 of the Occupational 

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

653, 655, and 657); Secretary of Labor’s 

Order 8–2020 (85 FR 58393 (Sept. 18, 

2020)); 29 CFR part 1911; and 5 U.S.C. 

553. 

Signed at Washington, DC, on September 

13, 2021. 

James S. Frederick, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

Amendment to Standard [corrected] 

For the reasons set forth above, 29 

CFR part 1915 is amended as follows: 

PART 1915—OCCUPATIONAL SAFETY 

AND HEALTH STANDARDS FOR 

SHIPYARD EMPLOYMENT 

■ 1. The authority citation for part 1915 

continues to read as follows: 

Authority: 33 U.S.C. 941; 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), 1–90 (55 FR 9033), 6–96 (62 

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

FR 65008), 5–2007 (72 FR 31160), 4–2010 (75 

FR 55355), or 1–2012 (77 FR 3912); 29 CFR 

part 1911; and 5 U.S.C. 553, as applicable. 

■ 2. Revise and republish § 1915.5 to 

read as follows: 

§ 1915.5 Incorporation by reference. 

(a) Specifications, standards, and 

codes of agencies of the U.S. 

Government, to the extent specified in 

the text, form a part of the regulations 

of this part. In addition, under the 

authority vested in the Secretary under 

the Act, the specifications, standards, 

and codes of organizations which are 

not agencies of the U.S. Government, in 

effect on the date of the promulgation of 

the regulations of this part as listed 

below, to the extent specified in the 

text, form a part of the regulations of 

this part. 

(b)(1) The standards listed in this 

section are incorporated by reference 

into this part with the approval of the 

Director of the Federal Register in 

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

CFR part 51. To enforce any edition 

other than that specified in this section, 

OSHA must publish a document in the 

Federal Register and the material must 

be available to the public. 

(2) Any changes in the standards 

incorporated by reference in this part 

and an official historic file of such 

changes are available for inspection in 

the Docket Office at the national office 

of the Occupational Safety and Health 

Administration, U.S. Department of 

Labor, Washington, DC 20210; 

telephone: 202–693–2350 (TTY number: 

877–889–5627). 

(3) Copies of standards listed in this 

section and issued by private standards 

organizations are available for purchase 

from the issuing organizations at the 

addresses or through the other contact 

information listed elsewhere in this 

section for these private standards 

organizations. In addition, the standards 

are available for inspection at any 

Regional Office of the Occupational 

Safety and Health Administration 

(OSHA), or at the OSHA Docket Office, 

U.S. Department of Labor, 200 

Constitution Avenue NW, Room N– 

3508, Washington, DC 20210; telephone: 

202–693–2350 (TTY number: 877–889– 

5627). These standards are also 

available for inspection at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of these standards at NARA, 

54614 Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations 

email fr.inspection@nara.gov, or go to 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

(c) [Reserved] 

(d) American National Standards 

Institute (ANSI), 25 West 43rd Street, 

4th Floor, New York, NY 10036; 

telephone: 212–642–4900; fax: 212– 

398–0023; website: www.ansi.org:// 

(1) ANSI A14.1–1975 Safety 

Requirements for Portable Wood 

Ladders, IBR approved for § 1915.72(a). 

(2) ANSI A14.2–1972 Safety 

Requirements for Portable Metal 

Ladders, IBR approved for § 1915.72(a). 

(3) ANSI B7.1–1964 Safety Code for 

the Use, Care, and Protection of 

Abrasive Wheels, IBR approval for 

§ 1915.134(c). 

(4) ANSI Z41–1999, American 

National Standard for Personal 

Protection—Protective Footwear; IBR 

approved for § 1915.156(b). Copies of 

ANSI Z41–1999 are available for 

purchase only from the National Safety 

Council, 1121 Spring Lake Drive, Itasca, 

IL 60143–3201; telephone: (800) 621– 

7619; fax: 630–285–1434; website: 

www.nsc.org. 

(5) ANSI Z41–1991, American 

National Standard for Personal 

Protection—Protective Footwear; IBR 

approved for § 1915.156(b). Copies of 

ANSI Z41–1991 are available for 

purchase only from the National Safety 

Council, 1121 Spring Lake Drive, Itasca, 

IL 60143–3201; telephone: (800) 621– 

7619; fax: 630–285–1434; website: 

www.nsc.org. 

(6) ANSI/ISEA Z87.1–2010, 

Occupational and Educational Personal 

Eye and Face Protection Devices, 

approved April 13, 2010; IBR approved 

for § 1915.153(b). Copies are available 

for purchase from: 

(i) ANSI Webstore, 25 W 43rd Street, 

4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; website: 

https://webstore.ansi.org; 

(ii) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (800) 447–2273; website: 

https://global.ihs.com; or 

(iii) TechStreet Store, 3025 Boardwalk 

Drive, Suite 220, Ann Arbor, MI 48108; 

telephone: (855) 999–9870; website: 

www.techstreet.com. 

(7) ANSI Z87.1–2003, Occupational 

and Educational Personal Eye and Face 

Protection Devices, approved June 19, 

2003; IBR approved for § 1915.153(b). 

Copies available for purchase from the: 

(i) ANSI Webstore, 25 W 43rd Street, 

4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; website: 

https://webstore.ansi.org/; 

(ii) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (800) 447–2273; website: 

https://global.ihs.com; or 

(iii) TechStreet Store, 3025 Boardwalk 

Drive, Suite 220, Ann Arbor, MI 48108; 

telephone: (855) 999–9870; website: 

www.techstreet.com. 

(8) ANSI Z87.1–1989 (R–1998), 

Practice for Occupational and 

Educational Eye and Face Protection, 

Reaffirmation approved January 4, 1999; 

IBR approved for § 1915.153(b). Copies 

are available for purchase from: 

(i) ANSI Webstore, 25 W 43rd Street, 

4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; website: 

https://webstore.ansi.org/; 

(ii) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (800) 447–2273; website: 

https://global.ihs.com; or 

(iii) TechStreet Store, 3025 Boardwalk 

Drive, Suite 220, Ann Arbor, MI 48108; 

telephone: (855) 999–9870; website: 

www.techstreet.com. 

(9) American National Standards 

Institute (ANSI) Z89.1–2009, American 

National Standard for Industrial Head 

Protection, approved January 26, 2009; 

IBR approved for § 1915.155(b). Copies 

of ANSI Z89.1–2009 are available for 

purchase only from the International 

Safety Equipment Association, 1101 

Wilson Boulevard, Suite 1425, 

Arlington, VA 22209–1762; telephone: 

703–525–1695; fax: 703–528–2148; 

website: www.safetyequipment.org. 

(10) American National Standards 

Institute (ANSI) Z89.1–2003, American 

National Standard for Industrial Head 

Protection; IBR approved for 

§ 1915.155(b). Copies of ANSI Z89.1– 

2003 are available for purchase only 

from the International Safety Equipment 

Association, 1101 Wilson Boulevard, 

Suite 1425, Arlington, VA 22209–1762; 

telephone: 703–525–1695; fax: 703– 

528–2148; website: 

www.safetyequipment.org. 

(11) American National Standards 

Institute (ANSI) Z89.1–1997, American 

National Standard for Personnel 

Protection—Protective Headwear for 

Industrial Workers—Requirements; IBR 

approved for § 1915.155(b). Copies of 

ANSI Z89.1–1997 are available for 

purchase only from the International 

Safety Equipment Association, 1101 

Wilson Boulevard, Suite 1425, 

Arlington, VA 22209–1762; telephone: 

703–525–1695; fax: 703–528–2148; 

website: www.safetyequipment.org. 

(12) ANSI/IESNA RP–7–01, 

Recommended Practice for Lighting 

Industrial Facilities, ANSI approved 

July 26, 2001, IBR approved for 

§ 1915.82(a). 

(13) ANSI/ISEA Z308.1–2009, 

Revision of ANSI Z308.1–2003, 

Minimum Requirements for Workplace 

First Aid Kits and Supplies, ANSI 

approved May 8, 2009, IBR approved for 

§ 1915.87 Appendix A. 

Note 1 to paragraph (d): Unless otherwise 

indicated, all standards in this paragraph (d) 

are available from ANSI. 

(e) American Society of Mechanical 

Engineers (ASME), Two Park Avenue, 

New York, New York 10016; telephone: 

(800) 843–2763; email: CustomerCare@

asme.org; website: https://

www.asme.org/codes-standards: 

(1) ASME Boiler and Pressure Vessel 

Code, Section VIII, Rules for 

Construction of Unfired Pressure 

Vessels, 1963, IBR approved for 

§ 1915.172(a). 

(2) [Reserved] 

(f) American Conference of 

Governmental Industrial Hygienists 

(ACGIH), 3640 Park 42 Drive, 

Cincinnati, OH 45241; telephone: (513) 

742–2020; website: https://

www.acgih.org/publications/: 

(1) Threshold limit values, 1970, IBR 

approved for §§ 1915.12(b) and 

1915.1000, table Z. 

(2) [Reserved] 

(g) ASTM International, 100 Barr 

Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959; 

telephone: 610–832–9500; fax: 610– 

832–9555; email: service@astm.org; 

website: www.astm.org: 

(1) ASTM F–2412–2005, Standard 

Test Methods for Foot Protection; IBR 

approved for § 1915.156(b). 

(2) ASTM F–2413–2005, Standard 

Specification for Performance 

Requirements for Protective Footwear; 

IBR approved for § 1915.156(b). 

(h) International Labour Organization 

(ILO), 4 route des Morillons, CH–1211 

Gene`ve 22, Switzerland; telephone: +41 

(0) 22 799 6111; fax: +41 (0) 22 798 

8685; website: www.ilo.org/. 

(1) Guidelines for the Use of the ILO 

International Classification of 

Radiographs of Pneumoconioses, 

Revised Edition 2011, Occupational 

safety and health series; 22 (Rev. 2011), 

IBR approved for § 1915.1001. 

(2) [Reserved] 

(i) National Fire Protection 

Association (NFPA), 1 Batterymarch 

Park, P.O. Box 9101, Quincy, MA 

02269–9101; telephone: (800) 344–3555; 

email: orders@nfpa.org; website: https:// 

www.nfpa.org/Codes-and-Standards: 

(1) NFPA 1981–2002 Standard on 

Open-Circuit Self-Contained Breathing 

Apparatus for Fire and Emergency 

Services, IBR approved for 1915.505(e). 

(2) NFPA 1971–2000, Standard on 

Protective Ensemble for Structural Fire 

Fighting, IBR approved for 

§ 1915.505(e). 

(3) NFPA 1976–2000, Standard on 

Protective Ensemble for Proximity Fire 

Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations 54615 

Fighting, IBR approved for 

§ 1915.505(e). 

(4) NFPA 1982–1998, Standard on 

Personal Alert Safety Systems (PASS), 

IBR approved for § 1915.505(e). 

(5) NFPA 1983–2001, Standard on 

Fire Service Life Safety Rope and 

System Components, IBR approved for 

§ 1915.505(e). 

(6) NFPA 10–2002 Standard for 

Portable Fire Extinguishers, IBR 

approved for § 1915.507(b). 

(7) NFPA 14–2003 Standard for the 

Installation of Standpipe and Hose 

Systems, IBR approved for 

§§ 1915.507(b) and (d). 

(8) NFPA 72–2002 National Fire 

Alarm Code, IBR approved for 

§ 1915.507(c). 

(9) NFPA 13–2002 Standard for the 

Installation of Sprinkler Systems, IBR 

approved for § 1915.507(d). 

(10) NFPA 750–2003 Standard on 

Water Mist Fire Protection Systems, IBR 

approved for § 1915.507(d). 

(11) NFPA 25–2002, Inspection, 

Testing, and Maintenance of WaterBased Fire Protection Systems, IBR 

approved for § 1915.507(d). 

(12) NFPA 15–2001, Standard for 

Water Spray Fixed Systems for Fire 

Protection, IBR approved for 

§ 1915.507(d). 

(13) NFPA 11–2005 Standard for 

Low-, Medium-, and High-Expansion 

Foam, IBR approved for § 1915.507(d). 

(14) NFPA 17–2002, Standard for Dry 

Chemical Extinguishing Systems, IBR 

approved for § 1915.507(d). 

(15) NFPA 12–2005, Standard on 

Carbon Dioxide Extinguishing Systems, 

IBR approved for § 1915.507(d). 

(16) NFPA 12A–2004, Standard on 

Halon 1301 Fire Extinguishing Systems, 

IBR approved for § 1915.507(d). 

(17) NFPA 2001–2004, Standard on 

Clean Agent Fire Extinguishing 

Systems, IBR approved for 

§ 1915.507(d). 

(18) NFPA 1403–2002, Standard on 

Live Fire Training Evolutions, IBR 

approved for § 1915.508(d). 

[FR Doc. 2021–20099 Filed 10–1–21; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

32 CFR Part 507 

[Docket ID: USA–2018–HQ–0016] 

RIN 0702–AA70 

Manufacture, Sale, Wear, and Quality 

Control of Heraldic Items 

AGENCY: Department of the Army, 

Department of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: The Department of the Army 

is finalizing its regulation describing the 

Army Heraldic Quality Control Program 

and the certification process for 

manufacturers in order to make Military 

Insignia. The rule establishes 

procedures governing the manufacture, 

commercial sale, reproduction, 

possession, and wear of military 

decorations, medals, badges, insignia 

and their components and 

appurtenances also discussed is the 

five-year renewal period for 

manufacturer certification and insignia 

authorizations and the procedure for 

authorizing the use of insignia on 

commercial items. 

DATES: This rule is effective on 

November 3, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Charles V. Mugno, Office of the 

Administrative Assistant to the 

Secretary of the Army, Director of the 

Institute of Heraldry, (571) 515–0320. 

SUPPLEMENTARY INFORMATION: 

I. Background 

a. This final rule revises the 

Department of the Army’s (DA) 

regulation, 32 Code of Federal 

Regulations (CFR) part 507, for 

implementing the Army Heraldic 

Quality Control Program which was last 

published on May 18, 1998 (63 FR 

27208). The revisions being finalized 

include a procedural change to 

manufacturer certification and insignia 

authorizations which add a five-year 

renewal period for manufacturer 

certification and insignia authorizations. 

This change insures the manufacturing 

base is current and insignia is 

periodically examined for quality. The 

second change is to the approving 

authority for the use of insignia images 

in commercial items. Pursuant to Title 

10 U.S.C. 2260, Licensing of intellectual 

property: Retention of fees, the 

Secretary of the Army established the 

Army Trademark Licensing Program in 

2006, formalizing the process for the 

licensing of marks owned by the 

Department of the Army, including 

heraldic insignia and other collective 

marks. 

The authorities for this rule are 10 

U.S.C. 7594; 15 U.S.C. 1051 et seq.; 10 

U.S.C. 2260; 18 U.S.C. 701, 704; 36 

U.S.C. 901. Title 10 U.S.C. 7594 grants 

the Secretary of the Army the authority 

to design flags, insignia, badges, medals, 

seals, decorations, guidons, streamers, 

finial pieces for flagstaffs, buttons, 

buckles, awards, trophies, marks, 

emblems, rosettes, scrolls, braids, 

ribbons, knots, tabs, cords and similar 

items for other military departments and 

to advise other Federal departments and 

agencies on matters of heraldry. Title 15 

U.S.C. 1051 et seq. is the statutory basis 

for the ownership and control of 

trademarks, service marks, certification 

marks, and collective marks. Title 10 

U.S.C. 2260 grants the Secretary of the 

Army the authority to license 

trademarks, service marks, certification 

marks, and collective marks owned or 

controlled by the Secretary of the Army. 

Title 18 U.S.C. 701 states 

manufacturing, selling and possession 

of any badge, identification card or 

insignia prescribed by the head of any 

department or agency of the United 

States is unlawful unless authorized by 

regulations made pursuant to law. Title 

18 U.S.C. 704, also known as the 

‘‘Stolen Valor Act’’ makes it illegal for 

a person to fraudulently claim having 

received a valor award specified in the 

Act, with the intention of obtaining 

money, property, or other tangible 

benefit by convincing another that he or 

she received the award. Title 36 U.S.C. 

901 grants authority to the Secretary of 

Defense to approve a service flag and 

lapel button for display by members of 

the immediate family of an individual 

serving in the Armed Forces of the 

United States during any period of war 

or hostilities in which the armed forces 

are engaged. Persons must apply to the 

Secretary of Defense for a license to 

manufacture and sell the approved 

service flag. That authority was 

delegated in DoD Manual 1348.33 to the 

Secretary of the Army. (Available at 

https://www.esd.whs.mil/Directives/ 

issuances/dodm/.) 

II. Summary of Major Provisions 

Subpart A—Introduction. Includes 

discussion on purpose and 

applicability; references; provides a list 

of definitions, terms, and abbreviations; 

responsibly; outlines the responsibilities 

for the implementation of the program; 

statutory authority; identifies and 

defines the applicable statutes. 

Subpart B—Manufacture and Sale of 

Decorations, Badges, and Insignia 

includes discussion on the process to 

become a certified manufacturer; 

provides requirements for the 

certification of insignia; discusses 

process to incorporate designs in 

commercial articles; discusses the 

possession and wear of decoration, 

service medal, badge, service ribbon, 

lapel button, or insignia. 

Subpart C—Heraldic Quality Control 

Program discusses the program and the 

controlled heraldic items that fall under 

the program and identified insignia that 

are not authorized for commercial sale. 

This subpart also discusses penalties for