Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules 13295 

List of Subjects in 26 CFR Part 1 

Income Taxes, Reporting and 

recordkeeping requirements. 

Proposed Amendments to the 

Regulations 

Accordingly, 26 CFR part 1 is 

proposed to be amended as follows: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 is amended by adding entries 

in numerical order to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

Section 1.6045–1(n)(11) also issued under 

26 U.S.C. 6045(g). * * * 

Section 1.6045A–1(e) and (f) also issued 

under 26 U.S.C. 6045A(a). * * * 

Section 1.6049–10 also issued under 26 

U.S.C. 6049(a). * * * 

■ Par. 2. Section 1.6045–1(n)(11) is 

added to read as follows: 

§ 1.6045–1 Returns of information of 

brokers and barter exchanges. 

[The text of proposed § 1.6045– 

1(n)(11) is the same as the text of 

§ 1.6045–1T(n)(11) published elsewhere 

in this issue of the Federal Register]. 

■ Par. 3. Sections 1.6045A–1(e) and (f) 

are added to read as follows: 

§ 1.6045A–1 Statements of information 

required in connection with transfers of 

securities. 

[The text of proposed § 1.6045A–1(e) 

and (f) is the same as the text of 

§ 1.6045A–1T(e) and (f) published 

elsewhere in this issue of the Federal 

Register]. 

■ Par. 4. Section 1.6049–10 is added to 

read as follows: 

§ 1.6049–10 Reporting of original issue 

discount on a tax-exempt obligation. 

[The text of proposed § 1.6049–10 is the same 

as the text of § 1.6049–10T published 

elsewhere in this issue of the Federal 

Register]. 

John Dalrymple, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2015–05654 Filed 3–12–15; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Parts 1910, 1915, 1917, 1918, 

and 1926 

[Docket No. OSHA–2014–0024] 

RIN 1218–AC87 

Updating OSHA Standards Based on 

National Consensus Standards; Eye 

and Face Protection 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Department of 

Labor. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Occupational Safety and 

Health Administration (‘‘OSHA’’ or 

‘‘Agency’’) is issuing this notice of 

proposed rulemaking to update its 

general industry, shipyard employment, 

marine terminals, longshoring, and 

construction eye and face protection 

standards by incorporating by reference 

the three most recent versions of the 

American National Standards Institute 

(‘‘ANSI’’ or ‘‘national consensus 

standard’’) Occupational and 

Educational Eye and Face Protection 

standard. In addition, OSHA proposes 

to change language in the construction 

eye and face protection standard to 

make it consistent with both the general 

industry and maritime standards. 

DATES: Submit comments on this notice 

of proposed rule (including comments 

on the information-collection 

(paperwork) determination described 

under the section titled Procedural 

Determinations, hearing requests, and 

other information) by April 13, 2015. 

All submissions must bear a postmark 

or provide other evidence of the 

submission date (the following section 

titled ADDRESSES describes the available 

methods of making submissions). 

ADDRESSES: Submit comments, hearing 

requests, and other information as 

follows: 

• Electronic. Submit comments 

electronically to http://

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for submitting 

comments. 

• Facsimile. OSHA allows facsimile 

transmission of comments and hearing 

requests that are 10 pages or fewer in 

length (including attachments). Send 

these documents to the OSHA Docket 

Office at (202) 693–1648; OSHA does 

not require hard copies of these 

documents. Instead of transmitting 

facsimile copies of attachments that 

supplement these documents (e.g., 

studies, journal articles), commenters 

must submit these attachments to the 

OSHA Docket Office, Technical Data 

Center (TDC), Room N–2625, OSHA, 

U.S. Department of Labor, 200 

Constitution Ave. NW., Washington, DC 

20210. These attachments must clearly 

identify the sender’s name, date, 

subject, and docket number (i.e., 

OSHA–2014–0024 so that the Agency 

can attach them to the appropriate 

document. 

• Regular mail, express delivery, 

hand delivery, and messenger (courier) 

service. Submit comments and any 

additional material (e.g., studies, journal 

articles) to the OSHA Docket Office, 

Docket No. OSHA–2013–0024 or RIN 

1218–AC8708 Technical Data Center, 

Room N–2625, OSHA, U.S. Department 

of Labor, 200 Constitution Ave. NW., 

Washington, DC 20210; telephone: (202) 

693–2350. (OSHA’s TTY number is 

(877) 889–5627)). Note that security 

procedures may result in significant 

delays in receiving comments and other 

written materials by regular mail. 

Contact the OSHA Docket Office for 

information about security procedures 

for delivery of materials by express 

delivery, hand delivery, and messenger 

service. The hours of operation for the 

OSHA Docket Office are 8:15 a.m. to 

4:45 p.m., e.t. 

• Instructions. All submissions must 

include the Agency name and the OSHA 

docket number (i.e., OSHA Docket No. 

OSHA–2014–0024). OSHA will place 

comments and other material, including 

any personal information, in the public 

docket without revision, and these 

materials will be available online at: 

http://www.regulations.gov. Therefore, 

the Agency cautions commenters about 

submitting statements they do not want 

made public, or submitting comments 

that contain personal information 

(either about themselves or others), such 

as social security numbers, birth dates, 

and medical data. 

OSHA invites comments on all issues 

related to this notice of proposed 

rulemaking. The Agency also welcomes 

comments on its findings that this 

notice of proposed rulemaking will have 

no impact on the regulated community. 

• Docket. To read or download 

comments or other material in the 

docket, go to http://

www.regulations.gov. The electronic 

docket for this notice of proposed rule 

established at http://

www.regulations.gov contains most of 

the documents in the docket. Some 

information (e.g., copyrighted material), 

however, cannot be read or downloaded 

through this Web site. All submissions, 

including copyrighted material, are 

accessible at the OSHA Docket Office. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
13296 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules 

Contact the OSHA Docket Office for 

assistance in locating docket 

submissions. 

FOR FURTHER INFORMATION CONTACT: 

General information and press 

inquiries: Contact Frank Meilinger, 

OSHA Office of Communications, Room 

N–3647, U.S. Department of Labor, 200 

Constitution Ave. NW., Washington, DC 

20210; telephone: (202) 693–1999, 

email: meilinger.francis2@dol.gov. 

Technical inquiries: Contact Kenneth 

Stevanus, Directorate of Standards and 

Guidance, Room N–3609, OSHA, U.S. 

Department of Labor, 200 Constitution 

Ave. NW., Washington, DC 20210; 

telephone: (202) 693–2260; fax: (202) 

693–1663; email; stevanus.ken@dol.gov. 

Copies of this Federal Register 

notice. Electronic copies of this Federal 

Register notice are available at http://

www.regulations.gov. This Federal 

Register notice, as well as news releases 

and other relevant information, also are 

available at OSHA’s Web page at 

http://www.osha.gov. 

SUPPLEMENTARY INFORMATION: The 

preamble to the proposed standard 

follows this outline: 

I. Background 

A. OSHA’s Eye and Face Protection 

Standards 

B. ANSI’s Occupational and Educational 

Eye and Face Protection Standard 

a. Comparison Between the 2010 and 2003 

Versions of ANSI Z87.1 

b. Comparison Between the 2010 and 1968 

Versions of ANSI Z87.1 

C. Overview of Proposed Rulemaking 

D. Reasonable Availability of the ANSI 

Standard to the Public 

II. Summary and Explanation of Revisions to 

the Eye and Face Protection Standards 

A. Updating the General Industry and 

Maritime Industry Standards 

B. Updating the Construction Industry 

Standard 

III. Procedural Determinations 

A. Legal Considerations 

B. Preliminary Economic Analysis and 

Regulatory Flexibility Act Certification 

C. OMB Review Under the Paperwork 

Reduction Act of 1995 

D. Federalism 

E. State Plan States 

F. Unfunded Mandates Reform Act of 1995 

G. Consultation and Coordination With 

Indian Tribal Governments 

H. Consultation With the Advisory 

Committee on Construction Safety and 

Health 

IV. Authority and Signature 

I. Background 

A. OSHA’s Eye and Face Protection 

Standards 

The original OSHA standards 

addressing eye and face protection were 

adopted in 1971 from established 

Federal standards and national 

consensus standards to address the 

various workplace hazards that pose a 

significant risk of death or injury. Since 

then, OSHA has amended its standards 

on numerous occasions, most recently 

in 2009 for the general industry, 

shipyard employment, longshoring, and 

marine terminals standards (74 FR 

46350), and in 1993 for the construction 

standard (58 FR 35309). See 29 CFR 

1910.133 (General Industry); 29 CFR 

1915.153 (Shipyard Employment); 29 

CFR 1917.91 (Marine Terminals); 29 

CFR 1918.101 (Longshoring); and 29 

CFR 1926.102 (Construction). The 

general industry and maritime standards 

require that eye and face protection 

comply with national consensus 

standards incorporated by reference 

unless the employer demonstrates that 

non-specified eye and face protection 

equipment is at least as protective of 

workers. See 29 CFR 1910.133(b)(2); 29 

CFR 1915.153(b)(2); 29 CFR 

1917.91(a)(1)(ii); and 29 CFR 

1918.101(a)(1)(ii). The construction 

standard requires that eye and face 

protection meet the requirements of 

ANSI Z87.1–1968. See 29 CFR 

1926.102(a)(2). Each of these provisions 

are part of OSHA’s comprehensive 

requirements to ensure that employees 

use personal protective equipment that 

will protect them from hazards in the 

workplace. 

B. ANSI’s Occupational and 

Educational Eye and Face Protection 

Standard 

ANSI’s Occupational and Educational 

Eye and Face Protection, Z87.1, was first 

published in 1968 and revised in 1979, 

1989, 2003, and 2010. The 1979 version 

was nearly identical to the 1968 version; 

it contained only minor changes in 

language and organization. The 1989 

version emphasized performance 

requirements to encourage and 

accommodate advancements in design, 

materials, technologies, and product 

performance. Performance requirements 

were specified wherever practical. 

Minimum thickness requirements for 

protectors were added and new impact 

testing requirements were established to 

ensure that protectors intended to 

provide side protection were tested from 

the side and the front. This version also 

improved the transmittance 

requirements for filter lenses. The 2003 

version added an enhanced user 

selection chart with a system for 

selecting equipment (e.g., spectacles, 

goggles, and faceshields) that adequately 

protects from a particular hazard. 

Unlike earlier versions, the 2010 

version of ANSI Z87.1 focuses on a 

hazard, such as droplet and splash, 

impact, optical radiation, dust, fine 

dust, and mist, and specifies the type of 

equipment needed to protect from that 

hazard. Earlier versions focused on 

protector type, such as spectacles, 

goggles, faceshields, or welding hats. 

See Ex. OSHA–2014–0024–0001 (a sideby-side comparison of versions prepared 

by OSHA). It contains general 

requirements for all protector types, 

which assess optical qualities, 

minimum robustness, ignition, 

corrosion resistance, and minimum 

coverage. It also includes performance 

assessments that are unique to a specific 

protector configuration such as welding 

devices or prescription safety eyewear. 

Finally, it defines the number of 

samples to be tested when assessing a 

protector’s ability to meet applicable 

performance criteria. 

a. Comparison Between the 2010 and 

2003 Versions of ANSI Z87.1 

The 2010 version of ANSI Z87.1 adds 

new requirements to and changes the 

structure of the 2003 version. See Ex. 

OSHA–2014–0024–0001 (a side-by-side 

comparison of versions prepared by 

OSHA). Section 5 of the 2010 version, 

general requirements, adds Section 5.2, 

which requires that protectors are free 

from projections, sharp edges, or other 

defects. The drop ball impact test, 

which appeared in Section 7.3.1 of the 

2003 version, is in Section 5.2.1 of the 

2010 version. Additionally, the test is 

universally-applied rather than 

protector-dependent. Section 7.6 of the 

2003 version, flammability, has been 

replaced with Section 5.2.3, ignition. 

The new section states that protectors 

shall not ignite or continue to glow once 

the rod is removed. It also states that 

each externally-exposed material shall 

be tested. Section 5.2.5 adds 

requirements for the minimum coverage 

area of the eyewire and lens. Section 5.4 

adds marking requirements and states 

that protectors shall bear the permanent 

marking in specified locations. 

In Section 6 of the 2010 version, 

impact protector requirements, the 

spectacle frame test that appeared in 

Section 7.2 of the 2003 version, has 

been moved to Section 6.12, and now 

requires components to be tested as a 

complete device. Section 6.13 adds a 

requirement for lateral side coverage, 

and states that the impact-rated 

protectors shall provide continuous 

lateral coverage with specified 

diameters/dimensions. Section 6.2.5 

includes qualifications for prescription 

lens material and lists different ways 

that the lens can fail to meet the 

qualifications. Section 6.2.6 adds 

qualifications for prescription lens 

mounting. It also requires that complete 

devices using representative test lenses 

meeting the requirements of Section 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules 13297 

6.2.5 be capable of resisting high mass 

and high velocity impact. Section 6.3 

provides additional impact 

requirements for specific protectors, 

such as devices with lift fronts, welding 

helmets, and faceshields, and 

prescription lens carriers behind plano 

protectors. 

Section 7 of the 2010 version, optical 

radiation protector requirements, adds a 

requirement to test in lightest to darkest 

states in Section 7.1.3. Section 7.2.1 

adds a requirement that goggle housing 

intended to provide protection against 

optical radiation meet transmittance 

requirements of shade 6 or higher. 

Section 8 of the 2010 version, droplet 

and splash, dust, and fine dust protector 

requirements, adds a new requirement 

to Section 8.1.1 that goggles be tested so 

that the droplets or liquid splash do not 

cause a red coloration. Section 8.1.2 

mandates that a laser beam not make 

direct contact with any point on the eyeregion rectangle ‘‘without first being 

intercepted by the faceshield.’’ 

Section 14 of the 2003 version is 

section 9 in the 2010 version and 

addresses test methods. This section 

requires testing at standard laboratory 

conditions rather than normal 

laboratory ambient conditions required 

in the previous version. Section 9.10 

includes new testing requirements for 

lateral protection to assess the lateral 

protection area of a complete device. 

Section 9.14 includes a new 

prescription lens test that requires lens 

materials to withstand impact from high 

velocity. Section 9.16 is a new testing 

requirement for goggles and faceshields 

that require a determination of the 

protector’s capability to keep liquid 

splashes and sprays from reaching eyes. 

Sections 9.17 and 9.18 contain new 

requirements to, respectively, determine 

the protector’s capability to keep larger 

dust particles and fine dust particles 

from reaching the wearer’s eyes. Finally, 

Sections 7.8, 8.8, 9.8, and 10.8 of the 

2003 version, which addressed 

cleanability of spectacles and goggles, 

were removed. 

b. Comparison Between the 2010 and 

1968 Versions of ANSI Z87.1 

The 2010 version of ANSI Z87.1 also 

differs significantly from the 1968 

version. See Ex. OSHA–2014–0024– 

0002 (a side-by-side comparison of 

versions prepared by OSHA). Whereas 

the scope of the 1968 version simply 

states that it applies to all occupational 

operations, the 2010 scope is far more 

specific in that it sets forth criteria 

related to the general requirements, 

testing, permanent marking, selection, 

care, and use of protectors to minimize 

the occurrence and severity or 

prevention of injuries from the different 

types of hazards. In addition, the 2010 

version excludes more hazardous 

exposures than the 1968 version, 

including bloodborne pathogens, 

microwaves, radio-frequency radiation, 

and sports and recreation. It also 

removes nearly all of the definitions 

contained in the 1968 version and 

makes significant alterations to the 

remaining definitions. For example, the 

1968 definitions for ultraviolet and 

infrared radiation were defined as 

within the range of 50 to 390 nm and 

770 to 12000 nm, respectively. The 2010 

version defines these ranges from 200 to 

380 nm and 780 to 2000 nm, 

respectively. 

C. Overview of Proposed Rulemaking 

As discussed in a previous Federal 

Register notice (69 FR 68283), OSHA is 

undertaking a series of projects to 

incorporate the latest versions of 

national consensus and industry 

standards into its regulations. These 

projects include removing outdated 

national consensus and industry 

standards and updating regulatory text. 

On May 17, 2007, OSHA published a 

notice of proposed rulemaking (72 FR 

27771) entitled ‘‘Updating OSHA 

Standards Based on National Consensus 

Standards; Personal Protective 

Equipment.’’ This notice did not 

include a revision of the construction 

industry standards that cover personal 

protective equipment, which had last 

been updated in 1993. 58 FR 35160. In 

response to the notice, the Agency 

received approximately 25 comments. 

On December 4, 2007, OSHA held an 

informal public hearing at which nine 

witnesses testified. Several of the 

commenters and witnesses questioned 

the Agency’s decision not to include the 

construction industry in this 

rulemaking. See Exs. OSHA–2007– 

0044–0021 and –0034; see also, Tr. at 

18–19 and 51–52. OSHA responded that 

limited resources did not permit 

inclusion of the construction industry at 

that time. Tr. at 18–19; see also, 74 FR 

46352. 

On September 9, 2009, OSHA 

published the final rule (74 FR 46350), 

which became effective on October 9, 

2009, and pertained only to the general 

industry and maritime standards. The 

final rule did not include a reference to 

the 2010 edition of the ANSI standard 

because this edition was not available to 

OSHA prior to February 8, 2008, the 

date on which the administrative law 

judge who presided over the hearing 

closed the rulemaking record. 

By this notice, OSHA is proposing to 

update the references in 29 CFR 

1910.133(b)(1), 29 CFR 1915.153(b)(1), 

29 CFR 1917.91(a)(1)(i), and 29 CFR 

1918.101(a)(1)(i) to include ANSI 

Z87.1–2010, the most recent version of 

that standard and delete the reference to 

ANSI Z87.1–1989. As a result, these 

provisions will allow use of eye and 

face protection that complies with the 

three most recent editions of the 

consensus standard, i.e., ANSI Z87.1– 

2010, Z87.1–2003 and Z87.1–1989 (R– 

1998). In addition, OSHA is proposing 

to amend 29 CFR 1926.102(a)(2) of the 

construction standard to remove ANSI 

Z87.1–1968 and add the three most 

recent versions of the ANSI standard to 

29 CFR 1926.102(b)(1). This will make 

the ANSI references in the construction 

standard identical to those in the 

general industry and maritime 

standards. This action addresses the 

comments received during the initial 

rulemaking, cited above, and as stated 

above, will ensure consistency among 

the Agency’s standards. These changes 

also eliminate any confusion, clarify 

employer obligations, and provide upto-date protection for workers exposed 

to eye and face hazards. 

D. Reasonable Availability of the ANSI 

Standard to the Public 

OSHA believes that the ANSI 

standards included in this proposal are 

reasonably available to interested 

parties. The 2010, 2003, and 1989 (R– 

1998) versions of ANSI Z87.1 can be 

purchased as a package from ANSI in 

pdf form for $57 (http://

webstore.ansi.org/). All three are also 

available for purchase at both the IHS 

Standards (http://global.ihs.com/) or 

Techstreet (http://www.techstreet.com/) 

stores. In addition, they are available at 

OSHA’s docket office for review. In 

addition, both the 2003 and 1989 (R– 

1998) versions are available at OSHA’s 

regional offices for review. If OSHA 

ultimately finalizes this rule, all three 

documents would be maintained in 

OSHA’s national and regional offices for 

review by the public. 

II. Summary and Explanation of 

Revisions to the Eye and Face 

Protection Standards 

A. Updating the General Industry and 

Maritime Industry Standards 

OSHA adopted the previous revision 

of the general industry and maritime eye 

and face protection standards on 

September 9, 2009. 74 FR 46350. These 

revisions, which became effective on 

October 9, 2009, permit compliance 

with ANSI Z87.1–2003, ANSI Z87.1– 

1989 (R–1998), or ANSI Z87.1–1989. 

Since OSHA published the previous 

revision, ANSI Z87.1–2010 has become 

available. This rulemaking will update 


tkelley on DSK3SPTVN1PROD with PROPOSALS
13298 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules 

the references in 29 CFR 1910.133(b)(1), 

29 CFR 1915.153(b)(1), 29 CFR 

1917.91(a)(1)(i), and 29 CFR 

1918.103(a)(1)(i) to recognize the 2010 

edition of ANSI Z87.1 and delete the 

reference to Z87.1–1989. It will also 

update the general incorporation by 

reference section for each of these 

standards (i.e., 29 CFR 1910.6, 1915.5, 

1917.3, 1918.3) to reflect the 

incorporation of ANSI Z87.1–2010, 

ANSI Z87.1–2003, and ANSI Z87.1– 

1989 (R–1998). 

Since it is OSHA’s understanding that 

eye and face protection is now only 

designed, tested, or manufactured in 

accordance with the 2010, 2003, or 1989 

(R–1998) versions of ANSI Z87.1, OSHA 

believes these updates are consistent 

with the usual and customary practice 

of employers in the general and 

maritime industries. Therefore, 

incorporating by reference ANSI Z87.1– 

2010, and deleting ANSI Z87.1–1989, 

will not add a compliance burden for 

employers. OSHA invites public 

comment on whether the revisions in 

the 2010 edition of the consensus 

standard represent current industry 

practice, as well as any other issues 

raised by OSHA’s proposed revisions to 

the general industry and maritime eye 

and face protection standards. 

B. Updating the Construction Industry 

Standard 

The proposed update to the 

construction eye and face protection 

standard involves: (1) Changes to the 

ANSI standard references and (2) 

inclusion of language from the general 

industry eye and face protection 

standard. With respect to the ANSI 

standard update, OSHA will amend 29 

CFR 1926.6 and 1926.102, which 

currently incorporate by reference ANSI 

Z87.1–1968, to include the three most 

recent versions of the ANSI standard, 

ANSI Z87.1–2010, ANSI Z87.1–2003, 

and ANSI Z87.1–1989 (R–1998). With 

respect to the inclusion of language 

from the general industry standard, 

OSHA will modify certain existing 

language to make it nearly identical to 

the language in the general industry 

standard’s eye and face protection 

provisions. It will also retain provisions 

unique to the current construction 

standard that do not appear to be 

covered in the versions of the ANSI 

Z87.1 incorporated by the proposal. 

These changes better reflect the 

requirements of the newer consensus 

standards and ease compliance for 

employers whose employees might also 

perform work covered by the general 

industry or maritime standards. 

Specifically, OSHA is proposing to 

replace sections 1926.102(a)(1) through 

(a)(3), and (a)(7) with the language 

found in the general industry standard 

at 1910.133(a)(1) through (a)(4) and 

1910.133(b). The Agency will also 

replace: (1) The statement of scope in 

section 1926.102(a)(1) with the 

statement of scope in 1910.133(a)(1); (2) 

the reference to the 1968 ANSI standard 

in 1926.102(a)(2) with the updated list 

of national consensus standards in 

1910.133(b)(1); and (3) the requirements 

for corrective lenses in 1926.102(a)(3) 

with the corrective-lens requirements in 

1910.133(a)(3). The proposal deletes 

section 1926.102(a)(4)’s requirement to 

keep the protective equipment clean, in 

good repair, and free of structural and 

optical defects. This provision does not 

appear in 1910.133, and is addressed by 

requirements in each of the three 

versions of Z87.1 included in the 

proposal. See, e.g., ANSI Z87.1–2010 

(sections 10.3 and 10.4); ANSI Z87.1– 

2003 (section 6.2.6); and ANSI Z87.1– 

1989 (R 1998) (sections 14.4, 14.5, 15.7). 

The proposal also removes Table E–1, 

Eye and Face Protector Selection Guide, 

which is specific to the 1968 version of 

ANSI Z87.1 and referenced in the 

current section 1926.102(a)(5). Removal 

of Table E–1 is of no consequence 

because employers and employees may 

use any of the three newly-referenced 

ANSI standards, which contain similar 

selection guides. See ANSI Z87.1–2010, 

Annex I. Selection Chart, ANSI Z87.1– 

2003, Annex I—Selection Chart, or 

ANSI Z87.1–1989 (R–1998), Selection 

Chart. Once Table E–1 is removed, 

OSHA will renumber Tables E–2 and E– 

3 under this paragraph as Tables E–1 

and E–2, respectively. 

The proposal retains section 

1926.102(a)(6)—which specifies, among 

other requirements, that protectors must 

be capable of being disinfected, easily 

cleanable, and durable—because its 

language does not appear to be in the 

most recent ANSI standard, Z87.1–2010. 

The proposal also substitutes the 

marking requirement specified by 

section 1926.102(a)(7) with the marking 

requirement in section 1910.133(a)(4). 

In addition, the proposal will delete the 

requirement in 1926.102(a)(8)—that 

employers must transmit information 

from manufacturers to users about 

equipment limitations or precautions 

and that such limitations and 

precautions must be strictly observed— 

to bring the section into closer 

alignment with the general industry 

standard because this requirement is 

covered by requirements in each of the 

ANSI standards (see ANSI Z87.1–2010, 

section 10.2; ANSI Z87.1–2003, section 

6.2.6; ANSI Z87.1–1989 (R 1998), 

section 14.2. The language adopted from 

the general industry standard will add 

a provision to the construction standard 

that permits an employer to use eye and 

face protection not manufactured in 

accordance with one of the incorporated 

ANSI Z87.1 standards if the employer 

can demonstrate compliance with one of 

the incorporated ANSI Z87.1 standards 

(i.e., the equivalent-protection 

provision). Finally, section 1926.102(b) 

will be redesignated as section 

1926.102(c). 

OSHA believes that it is consistent 

with employers’ usual and customary 

practice in the construction industry to 

require use of eye and face protection 

that complies with ANSI Z87.1–2010, 

ANSI Z87.1–2003, or ANSI Z87.1–1989 

(R–1998). Accordingly, the Agency 

determined that incorporating these 

editions of ANSI Z87.1 consensus 

standards for eye and face protection 

into 29 CFR 1926.102(b)(1) does not add 

a compliance burden for employers. 

OSHA invites public comment on 

whether use of eye and face protection 

that complies with ANSI Z87.1–2010, 

ANSI Z87.1–2003, or ANSI Z87.1–1989 

(R–1998) and inclusion of language from 

the general industry standard’s eye and 

face provisions accords with employers’ 

usual and customary practice in the 

construction industry, as well as any 

other issues raised by OSHA’s proposed 

revisions to the construction standard 

for eye and face protection. 

III. Procedural Determinations 

A. Legal Considerations 

The purpose of the Occupational 

Safety and Health Act of 1970 (OSH 

Act) is to achieve to the extent possible 

safe and healthful working conditions 

for all employees. 29 U.S.C. 651(b). To 

achieve this goal, Congress authorized 

the Secretary of Labor to promulgate 

and enforce occupational safety and 

health standards. 29 U.S.C. 654(b), 

655(b). A safety or health standard is a 

standard ‘‘which requires conditions, or 

the adoption or use of one or more 

practices, means, methods, operations, 

or processes reasonably necessary or 

appropriate to provide safe or healthful 

employment and places of 

employment.’’ 29 U.S.C. 652(8). A 

standard is reasonably necessary or 

appropriate within the meaning of 

Section 652(8) of the OSH Act when a 

significant risk of material harm exists 

in the workplace and the standard 

would substantially reduce or eliminate 

that workplace risk. See Indus. Union 

Dep’t, AFL–CIO v. Am. Petroleum Inst., 

448 U.S. 607 (1980). OSHA already 

determined that requirements specified 

by eye and face protection standards, 

including design requirements, are 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules 13299 

reasonably necessary or appropriate 

within the meaning of Section 652(8). 

See, e.g., 49 FR 49726, 49737 (1978); 51 

FR 33251, 33251–59 (1986). 

Moreover, this notice of proposed 

rulemaking neither reduces employee 

protection nor alters an employer’s 

obligations under the existing standards. 

With respect to employee protection, 

because the proposal will allow 

employers to continue to provide the 

same eye and face protection they 

currently provide, employees’ 

protection will not change. In terms of 

employers’ obligations, the proposal 

will allow employers additional options 

for meeting the design-criteria 

requirements for eye and face 

protection. Accordingly, this proposal 

does not require an additional 

significant risk finding (cf. Edison Elec. 

Inst. v. OSHA, 849 F.2d 611, 620 (D.C. 

Cir. 1988)). 

In addition, a safety standard must be 

technologically feasible. See UAW v. 

OSHA, 37 F.3d 665, 668 (D.C. Cir. 

1994). A standard is technologically 

feasible when the protective measures it 

requires already exist, when available 

technology can bring the protective 

measures into existence, or when that 

technology is reasonably likely to 

develop. See Am. Textile Mfrs. Inst. v. 

OSHA, 452 U.S. 490, 513 (1981); Am. 

Iron and Steel Inst. v. OSHA, 939 F.2d 

975, 980 (D.C. Cir. 1991)). The proposed 

revisions detailed in this NPRM are 

technologically feasible because: (1) 

Protectors are already manufactured in 

accordance with the 2010 ANSI 

standard or the other versions permitted 

under the revision and (2) employers 

already comply with the 2003 and 1998 

versions of the ANSI standard 

incorporated by reference into the 

general industry and maritime 

standards, which will remain in effect 

under the proposed rule. 

B. Preliminary Economic Analysis and 

Regulatory Flexibility Act Certification 

OSHA has preliminarily determined 

that employers can comply with the 

proposed rule by following their current 

usual and customary practice in 

providing eye and face protection to 

their employees. Therefore, OSHA finds 

that this notice of proposed rulemaking 

is not economically significant within 

the context of Executive Order 12866, or 

a major rule under the Unfunded 

Mandates Reform Act or Section 801 of 

the Small Business Regulatory 

Enforcement Fairness Act. In addition, 

this notice of proposed rulemaking 

complies with Executive Order 13563 

because employers are allowed 

increased flexibility in choosing eye and 

face protection for their employees and 

are not required to update or replace 

that protection solely as a result of this 

rule if the employer’s current practice 

meets the revised standards. Because 

the rule imposes no costs, OSHA 

certifies that it will not have a 

significant economic impact on a 

substantial number of private or public 

sector entities and does not meet any of 

the criteria for an economically 

significant or major rule specified by the 

Executive Order or relevant statutes. 

C. OMB Review Under the Paperwork 

Reduction Act of 1995 

This notice of proposed rulemaking 

does not establish or revise any 

collection of information requirements 

for purposes of the Paperwork 

Reduction Act of 1995, 44 U.S.C. 3501. 

Accordingly, the Agency did not submit 

an Information Collection Request to 

OMB in association with this 

rulemaking. 

Members of the public may respond 

to this paperwork determination by 

sending their written comments to the 

Office of Information and Regulatory 

Affairs, Attn: OSHA Desk Officer (RIN 

1218–AC77), Office of Management and 

Budget, Room 10235, 725 17th Street 

NW., Washington, DC 20503. The 

Agency encourages commenters to 

submit these comments to the 

rulemaking docket, along with their 

comments on other parts of this notice 

of proposed rulemaking. For 

instructions on submitting these 

comments and accessing the docket, see 

the sections of this Federal Register 

document titled DATES and ADDRESSES. 

To make inquiries or to request other 

information contact Mr. Todd Owen, 

Directorate of Standards and Guidance, 

OSHA, Room N–3609, U.S. Department 

of Labor, 200 Constitution Ave. NW., 

Washington, DC 20210; telephone: (202) 

693–2222. 

D. Federalism 

OSHA reviewed this notice of 

proposed rulemaking in accordance 

with the Executive Order on Federalism 

(Executive Order 13132, 64 FR 43255, 

August 10, 1999), which requires that 

agencies, to the extent possible, refrain 

from limiting state policy options, 

consult with states prior to taking any 

actions that would restrict state policy 

options, and take such actions only 

when clear constitutional authority 

exists and the problem is national in 

scope. Executive Order 13132 provides 

for preemption of state law only with 

the expressed consent of Congress. 

Agencies must limit any such 

preemption to the extent possible. 

Under Section 18 of the OSH Act, 29 

U.S.C. 651 et seq., Congress expressly 

provides that states may adopt, with 

Federal approval, a plan for the 

development and enforcement of 

occupational safety and health 

standards (29 U.S.C. 667); OSHA refers 

to states that obtain Federal approval for 

such a plan as ‘‘State Plan states.’’ 

Occupational safety and health 

standards developed by State Plan states 

must be at least as effective in providing 

safe and healthful employment and 

places of employment as the Federal 

standards. 29 U.S.C. 667. Subject to 

these requirements, State Plan states are 

free to develop and enforce under state 

law their own requirements for 

occupational safety and health 

standards. 

While OSHA drafted this notice of 

proposed rulemaking to protect 

employees in every state, Section 

18(c)(2) of the OSH Act permits State 

Plan states and U.S. territories to 

develop and enforce their own 

standards for eye and face protection 

provided these requirements are at least 

as effective in providing safe and 

healthful employment and places of 

employment as the requirements 

specified in this notice of proposed 

rulemaking. 

In summary, this notice of proposed 

rulemaking complies with Executive 

Order 13132. In states without OSHAapproved state plans, this rulemaking 

limits state policy options in the same 

manner as other OSHA standards. In 

State Plan states, this rulemaking does 

not significantly limit state policy 

options because, as explained in the 

following section, State Plan states do 

not have to adopt this notice of 

proposed rulemaking 

E. State Plan States 

When Federal OSHA promulgates a 

new standard or amends an existing 

standard to be more stringent than it 

was previously, the 27 states or U.S. 

territories with their own OSHAapproved occupational safety and health 

plans must revise their standards to 

reflect the new standard or amendment, 

or show OSHA why such action is 

unnecessary, e.g., because an existing 

state standard covering this area is at 

least as effective in protecting workers 

as the new Federal standard or 

amendment. 29 CFR 1953.5(a). In this 

regard, the state standard must be at 

least as effective as the final Federal 

rule. State Plan states must adopt the 

Federal standard or complete their own 

standard within six months of the 

publication date of the final Federal 

rule. When OSHA promulgates a new 

standard or amendment that does not 

impose additional or more stringent 

requirements than the existing standard, 


tkelley on DSK3SPTVN1PROD with PROPOSALS
13300 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules 

State Plan states need not amend their 

standards, although OSHA may 

encourage them to do so. The following 

21 states and 1 U.S. territory have 

OSHA-approved occupational safety 

and health plans that apply only to 

private-sector employers: Alaska, 

Arizona, California, Hawaii, Indiana, 

Iowa, Kentucky, Maryland, Michigan, 

Minnesota, Nevada, New Mexico, North 

Carolina, Oregon, Puerto Rico, South 

Carolina, Tennessee, Utah, Vermont, 

Virginia, Washington, and Wyoming. In 

addition, Connecticut, Illinois, New 

Jersey, New York, and the Virgin Islands 

have OSHA-approved State Plans that 

apply only to state and local 

government employees. 

When OSHA promulgates a new final 

rule, states and territories with 

approved State Plans must adopt 

comparable amendments to their 

standards relating to personal protective 

equipment across OSHA’s various 

industries within six months of OSHA’s 

promulgation of the final rule unless 

they demonstrate that such a change is 

not necessary because their existing 

standards are already the same, or at 

least as effective, as OSHA’s new final 

rule. 

F. Unfunded Mandates Reform Act of 

1995 

OSHA reviewed this notice of 

proposed rulemaking according to the 

Unfunded Mandates Reform Act of 1995 

(UMRA), 2 U.S.C. 1501–1571, and 

Executive Order 12875, 58 FR 58093 

(1993). As discussed above in Section 

IV.B (‘‘Preliminary Economic Analysis 

and Regulatory Flexibility 

Certification’’) of this preamble, OSHA 

preliminarily determined that the 

proposed rule imposes no additional 

costs on any private-sector or publicsector entity. Accordingly, this notice of 

proposed rulemaking requires no 

additional expenditures by either public 

or private employers. 

As noted above under Section IV.E 

(‘‘State Plan States’’) of this preamble, 

OSHA standards do not apply to state or 

local governments except in states that 

elected voluntarily to adopt an OSHAapproved state plan. Consequently, this 

notice of proposed rulemaking does not 

meet the definition of a ‘‘Federal 

intergovernmental mandate.’’ See 2 

U.S.C. 658(5). Therefore, for the 

purposes of the UMRA, OSHA certifies 

that this notice of proposed rulemaking 

does not mandate that state, local, or 

tribal governments adopt new, 

unfunded regulatory obligations, or 

increase expenditures by the private 

sector of more than $100 million in any 

year. 

G. Consultation and Coordination With 

Indian Tribal Governments 

OSHA reviewed this notice of 

proposed rulemaking in accordance 

with Executive Order 13175, 65 FR 

67249 (2000), and determined that it 

does not have ‘‘tribal implications’’ as 

defined in that order. As proposed, the 

rule does not have substantial direct 

effects on one or more Indian tribes, on 

the relationship between the Federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes. 

H. Consultation With the Advisory 

Committee on Construction Safety and 

Health 

Under 29 CFR parts 1911 and 1912, 

OSHA must consult with the Advisory 

Committee on Construction Safety and 

Health (‘‘ACCSH’’ or ‘‘the Committee’’), 

established pursuant to Section 107 of 

the Contract Work Hours and Safety 

Standards Act (40 U.S.C. 3701 et seq.), 

in setting standards for construction 

work. Specifically, 29 CFR 1911.10(a) 

requires the Assistant Secretary to 

provide the ACCSH with a draft 

proposed rule (along with pertinent 

factual information) and give the 

Committee an opportunity to submit 

recommendations. See also 29 CFR 

1912.3(a) (‘‘[W]henever occupational 

safety or health standards for 

construction activities are proposed, the 

Assistant Secretary [for Occupational 

Safety and Health] shall consult the 

Advisory Committee’’). 

On May 8, 2014, OSHA presented its 

proposal to update the Agency’s eye and 

face protection standards including its 

construction standard at 29 CFR 

1926.102 to the ACCSH. OSHA 

presented the committee two options for 

updating of its construction standard. In 

the first option OSHA proposed to 

replace the provisions in the 

construction standard with those of the 

general industry and maritime 

standards, except for those that were 

unique to the construction industry 

standard. This would make the 

construction eye and face protection 

standard nearly identical to the general 

industry and maritime standards 

however, it would preserve those 

provisions that are unique to the 

construction standard. 

The second option proposed would 

substitute only the three most current 

ANSI standards for the outdated ANSI 

standard currently cited and include the 

new provision allowing the use of any 

equivalent-protection standards. The 

remaining provisions of the 

construction standard would stay intact 

except for the removal of Table E–1 

which references the outdated ANSI 

standard. This option would retain 

existing requirements that are familiar 

to employers and employees in the 

construction industry. The Committee 

subsequently selected the first option 

and passed a motion recommending that 

the Agency move forward in the 

rulemaking process. (See the minutes 

from the meeting Docket No. OSHA– 

2014–0024–0004; see also two options 

for an update, available at Docket No. 

OSHA–2014–0024–0003). 

List of Subjects in 29 CFR Parts 1910, 

1915, 1917, 1918, and 1926 

Incorporation by reference, 

Occupational safety and health, 

Personal protective equipment. 

IV. Authority and Signature 

David Michaels, Ph.D., MPH, 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Ave. NW., Washington, DC 20210, 

authorized the preparation of this 

notice. OSHA is issuing this proposed 

rule pursuant to 29 U.S.C. 653, 655, and 

657; 40 U.S.C. 3701 et seq.; 5 U.S.C. 553; 

Secretary of Labor’s Order 1–2012, 77 

FR 3912 (2012); and 29 CFR part 1911. 

Signed at Washington, DC, on March 2, 

2015. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

Amendments to Standards 

For the reasons stated above in the 

preamble, the Occupational Safety and 

Health Administration proposes to 

amend 29 CFR parts 1910, 1915, 1917, 

1918 and 1926 as follows: 

PART 1910—[AMENDED] 

Subpart A—[Amended] 

■ 1. The authority citation for subpart A 

of part 1910 continues to read as 

follows: 

Authority: 29 U.S.C. 653, 655, 657; 

Secretary of Labor’s Order Numbers 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 31159), 4–2010 (75 FR 

55355), or 1–2012 (77 FR 3912), as 

applicable. 

Sections 1910.6, 1910.7, 1910.8 and 1910.9 

also issued under 29 CFR 1911. Section 

1910.7(f) also issued under 31 U.S.C. 9701, 

29 U.S.C. 9a, 5 U.S.C. 553; Public Law 106– 

113 (113 Stat. 1501A–222); Pub. L. 11–8 and 

111–317; and OMB Circular A–25 (dated July 

8, 1993) (58 FR 38142, July 15, 1993). 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules 13301 

■ 2. Amend § 1910.6 by revising 

paragraphs (e)(69) through (e)(71) to 

read as follows: 

§ 1910.6 Incorporation by reference. 

* * * * * 

(e) * * * 

(69) ANSI Z87.1–2010, Occupational 

and Educational Personal Eye and Face 

Protection Devices, approved April 13, 

2010; IBR approved for 

§ 1910.133(b)(1)(i). Copies are available 

for purchase from: 

(i) American National Standards 

Institute’s e-Standards Store, 25 W 43rd 

Street, 4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; Web site: 

http://webstore.ansi.org/; 

(ii) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (877) 413–5184; Web site: 

http://global.ihs.com; or 

(iii) TechStreet Store, 3916 Ranchero 

Dr., Ann Arbor, MI 48108; telephone: 

(877) 699–9277; Web site: http://

techstreet.com. 

(70) ANSI Z87.1–2003, Occupational 

and Educational Eye and Face Personal 

Protection Devices, approved June 19, 

2003; IBR approved for 

§§ 1910.133(b)(1)(ii). Copies available 

for purchase from the: 

(i) American National Standards 

Institute’s e-Standards Store, 25 W 43rd 

Street, 4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; Web site: 

http://webstore.ansi.org/; 

(ii) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (877) 413–5184; Web site: 

http://global.ihs.com; or 

(iii) TechStreet Store, 3916 Ranchero 

Dr., Ann Arbor, MI 48108; telephone: 

(877) 699–9277; Web site: http://

techstreet.com. 

(71) ANSI Z87.1–1989 (R–1998), 

Practice for Occupational and 

Educational Eye and Face Protection; 

IBR approved for § 1910.133(b)(1)(iii). 

Copies are available for purchase from: 

(i) American National Standards 

Institute’s e-Standards Store, 25 W 43rd 

Street, 4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; Web site: 

http://webstore.ansi.org/; 

(ii) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (877) 413–5184; Web site: 

http://global.ihs.com; or 

(iii) TechStreet Store, 3916 Ranchero 

Dr., Ann Arbor, MI 48108; telephone: 

(877) 699–9277; Web site: http://

techstreet.com. 

* * * * * 

Subpart I—[Amended] 

■ 3. The authority citation for subpart I 

of part 1910 continues 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), 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), as applicable, and 29 CFR part 

1911; Sections 1910.132, 1910.134, and 

1910.138 of 29 CFR also issued under 29 CFR 

1911; Sections 1910.133, 1910.135, and 

1910.136 of 29 CFR also issued under 29 CFR 

1911 and 5 U.S.C. 553. 

■ 4. Amend § 1910.133 by revising 

paragraph (b)(1) to read as follows: 

§ 1910.133 Eye and face protection. 

* * * * * 

(b) Criteria for protective eye and face 

protection. (1) Protective eye and face 

protection devices must comply with 

any of the following consensus 

standards: 

(i) ANSI Z87.1–2010, Occupational 

and Educational Personal Eye and Face 

Protection Devices, incorporated by 

reference in § 1910.6; 

(ii) ANSI Z87.1–2003, Occupational 

and Educational Personal Eye and Face 

Protection Devices, incorporated by 

reference in § 1910.6; or 

(iii) ANSI Z87.1–1989 (R–1998), 

Practice for Occupational and 

Educational Eye and Face Protection, 

incorporated by reference in § 1910.6; 

* * * * * 

PART 1915—[AMENDED] 

■ 5. The authority citation for part 1915 

continues to read as follows: 

Authority: Section 41, Longshore and 

Harbor Workers’ Compensation Act (33 

U.S.C. 941); 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), 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), as applicable; 29 CFR part 1911. 

Section 1915.100 also issued under 49 

U.S.C. 1801–1819 and 5 U.S.C. 553. 

Sections 1915.120 and 1915.152 of 29 CFR 

also issued under 29 CFR part 1911. 

Source: 47 FR 16986, Apr. 20, 1982, unless 

otherwise noted. 

■ 6. Amend § 1915.5 by revising 

paragraphs (d)(1)(vi) through (d)(1)(viii) 

to read as follows: 

§ 1915.5 Incorporation by reference. 

* * * * * 

(d)(1) * * * 

(vi) ANSI Z87.1–2010, Occupational 

and Educational Personal Eye and Face 

Protection Devices, approved April 13, 

2010; IBR approved for 

§ 1915.153(b)(1)(i). Copies are available 

for purchase from: 

(A) American National Standards 

Institute’s e-Standards Store, 25 W 43rd 

Street, 4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; Web site: 

http://webstore.ansi.org/; 

(B) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (877) 413–5184; Web site: 

http://global.ihs.com; or 

(C) TechStreet Store, 3916 Ranchero 

Dr., Ann Arbor, MI 48108; telephone: 

(877) 699–9277; Web site: http://

techstreet.com. 

(vii) ANSI Z87.1–2003, Occupational 

and Educational Personal Eye and Face 

Protection Devices, approved June 19, 

2003; IBR approved for 

§ 1910.153(b)(1)(ii). Copies available for 

purchase from the: 

(A) American National Standards 

Institute’s e-Standards Store, 25 W 43rd 

Street, 4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; Web site: 

http://webstore.ansi.org/; 

(B) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (877) 413–5184; Web site: 

http://global.ihs.com; or 

(C) TechStreet Store, 3916 Ranchero 

Dr., Ann Arbor, MI 48108; telephone: 

(877) 699–9277; Web site: http://

techstreet.com. 

(viii) ANSI Z87.1–1989 (R–1998), 

Practice for Occupational and 

Educational Eye and Face Protection; 

IBR approved for § 1910.153(b)(1)(iii). 

Copies are available for purchase from: 

(A) American National Standards 

Institute’s e-Standards Store, 25 W 43rd 

Street, 4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; Web site: 

http://webstore.ansi.org/; 

(B) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (877) 413–5184; Web site: 

http://global.ihs.com; or 

(C) TechStreet Store, 3916 Ranchero 

Dr., Ann Arbor, MI 48108; telephone: 

(877) 699–9277; Web site: http://

techstreet.com. 

* * * * * 

Subpart I—[Amended] 

■ 7. Amend § 1915.153 by revising 

paragraph (b)(1) to read as follows: 

§ 1915.153 Eye and face protection. 

* * * * * 

(b) Criteria for protective eye and face 

devices. (1) Protective eye and face 

protection devices must comply with 

any of the following consensus 

standards: 

(i) ANSI Z87.1–2010, Occupational 

and Educational Personal Eye and Face 

Protection Devices, incorporated by 

reference in § 1915.5; 

(ii) ANSI Z87.1–2003, Occupational 

and Educational Personal Eye and Face 


tkelley on DSK3SPTVN1PROD with PROPOSALS
13302 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules 

Protection Devices, incorporated by 

reference in § 1915.5; or 

(iii) ANSI Z87.1–1989 (R–1998), 

Practice for Occupational and 

Educational Eye and Face Protection, 

incorporated by reference in § 1915.5; 

* * * * * 

PART 1917—[AMENDED] 

■ 8. The authority citation for part 1917 

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 7 FR 3912),as 

applicable; and 29 CFR 1911. 

Section 1917.28 also issued under 5 U.S.C. 

553. 

Section 1917.29 also issued under 49 

U.S.C. 1801–1819 and 5 U.S.C. 553. 

Source: 48 FR 30909, July 5, 1983, unless 

otherwise noted. 

* * * * * 

■ 9. Amend § 1917.3 by revising 

paragraphs (b)(6) through (b)(8) to read 

as follows: 

§ 1917.3 Incorporation by reference. 

* * * * * 

(b) * * * 

(6) ANSI Z87.1–2010, Occupational 

and Educational Personal Eye and Face 

Protection Devices, approved April 13, 

2010; IBR approved for 

§ 1917.91(a)(1)(i)(A). Copies are 

available for purchase from: 

(i) American National Standards 

Institute’s e-Standards Store, 25 W 43rd 

Street, 4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; Web site: 

http://webstore.ansi.org/; 

(ii) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (877) 413–5184; Web site: 

http://global.ihs.com; or 

(iii) TechStreet Store, 3916 Ranchero 

Dr., Ann Arbor, MI 48108; telephone: 

(877) 699–9277; Web site: http://

techstreet.com. 

(7) ANSI Z87.1–2003, Occupational 

and Educational Personal Eye and Face 

Protection Devices, approved June 19, 

2003; IBR approved for 

§ 1917.91(a)(1)(i)(B). Copies available for 

purchase from the: 

(i) American National Standards 

Institute’s e-Standards Store, 25 W 43rd 

Street, 4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; Web site: 

http://webstore.ansi.org/; 

(ii) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (877) 413–5184; Web site: 

http://global.ihs.com; or 

(iii) TechStreet Store, 3916 Ranchero 

Dr., Ann Arbor, MI 48108; telephone: 

(877) 699–9277; Web site: http://

techstreet.com. 

(8) ANSI Z87.1–1989 (R–1998), 

Practice for Occupational and 

Educational Eye and Face Protection; 

IBR approved for § 1917.91(a)(1)(i)(C). 

Copies are available for purchase from: 

(i) American National Standards 

Institute’s e-Standards Store, 25 W 43rd 

Street, 4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; Web site: 

http://webstore.ansi.org/; 

(ii) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (877) 413–5184; Web site: 

http://global.ihs.com; or 

(iii) TechStreet Store, 3916 Ranchero 

Dr., Ann Arbor, MI 48108; telephone: 

(877) 699–9277; Web site: http://

techstreet.com. 

* * * * * 

Subpart E—[Amended] 

■ 10. Amend § 1917.91 by revising 

paragraph (a)(1)(i) to read as follows: 

§ 1917.91 Eye and face protection. 

(a)(1)(i) The employer shall ensure 

that each affected employee uses 

protective eye and face protection 

devices that comply with any of the 

following consensus standards: 

(A) ANSI Z87.1–2010, Occupational 

and Educational Personal Eye and Face 

Protection Devices, incorporated by 

reference in § 1917.3; 

(B) ANSI Z87.1–2003, Occupational 

and Educational Personal Eye and Face 

Protection Devices, incorporated by 

reference in § 1917.3; or 

(C) ANSI Z87.1–1989 (R–1998), 

Practice for Occupational and 

Educational Eye and Face Protection, 

incorporated by reference in § 1917.3; 

* * * * * 

PART 1918—[AMENDED] 

■ 11. The authority citation for part 

1918 is revised 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), as 

applicable; and 29 CFR 1911. 

Section 1918.90 also issued under 5 U.S.C. 

553. 

Section 1918.100 also issued under 49 

U.S.C. 1801–1819 and 5 U.S.C. 553. 

Source: 62 FR 40202, July 25, 1997, unless 

otherwise noted. 

■ 12. Amend § 1918.3 by revising 

paragraphs (b)(6) through (b)(8) to read 

as follows: 

§ 1918.3 Incorporation by reference. 

* * * * * 

(b) * * * 

(6) ANSI Z87.1–2010, Occupational 

and Educational Personal Eye and Face 

Protection Devices, approved April 13, 

2010; IBR approved for 

§ 1918.101(a)(1)(i)(A). Copies are 

available for purchase from: 

(i) American National Standards 

Institute’s e-Standards Store, 25 W 43rd 

Street, 4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; Web site: 

http://webstore.ansi.org/; 

(ii) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (877) 413–5184; Web site: 

http://global.ihs.com; or 

(iii) TechStreet Store, 3916 Ranchero 

Dr., Ann Arbor, MI 48108; telephone: 

(877) 699–9277; Web site: http://

techstreet.com. 

(7) ANSI Z87.1–2003, Occupational 

and Educational Personal Eye and Face 

Protection Devices, approved June 19, 

2003; IBR approved for 

§ 1918.101(a)(1)(i)(B). Copies available 

for purchase from the: 

(i) American National Standards 

Institute’s e-Standards Store, 25 W 43rd 

Street, 4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; Web site: 

http://webstore.ansi.org/; 

(ii) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (877) 413–5184; Web site: 

http://global.ihs.com; or 

(iii) TechStreet Store, 3916 Ranchero 

Dr., Ann Arbor, MI 48108; telephone: 

(877) 699–9277; Web site: http://

techstreet.com. 

(8) ANSI Z87.1–1989 (R–1998), 

Practice for Occupational and 

Educational Eye and Face Protection; 

IBR approved for § 1918.101(a)(1)(i)(C). 

Copies are available for purchase from: 

(i) American National Standards 

Institute’s e-Standards Store, 25 W 43rd 

Street, 4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; Web site: 

http://webstore.ansi.org/; 

(ii) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (877) 413–5184; Web site: 

http://global.ihs.com; or 

(iii) TechStreet Store, 3916 Ranchero 

Dr., Ann Arbor, MI 48108; telephone: 

(877) 699–9277; Web site: http://

techstreet.com. 

* * * * * 

Subpart J—[Amended] 

■ 13. Amend § 1918.101 by revising 

paragraph (a)(1)(i) to read as follows: 

§ 1918.101 Eye and face protection. 

(a) * * * 

(1)(i) Employers must ensure that 

each employee uses appropriate eye 

and/or face protection when the 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules 13303 

employee is exposed to an eye or face 

hazards, and that protective eye and 

face devices comply with any of the 

following consensus standards: 

(A) ANSI Z87.1–2010, Occupational 

and Educational Personal Eye and Face 

Protection Devices, incorporated by 

reference in § 1918.3; 

(B) ANSI Z87.1–2003, Occupational 

and Educational Personal Eye and Face 

Protection Devices, incorporated by 

reference in § 1918.3; or 

(C) ANSI Z87.1–1989 (R–1998), 

Practice for Occupational and 

Educational Eye and Face Protection, 

incorporated by reference in § 1918.3 

* * * * * 

PART 1926—[AMENDED] 

Subpart A—General [Amended] 

■ 14. The authority citation for subpart 

A of part 1926 continues to read as 

follows: 

Authority: 40 U.S.C. 3701 et seq.; 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), 5–2002 (67 FR 

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

55355), or 1–2012 (77 FR 3912), as 

applicable; and 29 CFR part 1911. 

■ 15. Amend § 1926.6 as follows: 

■ a. Revise paragraph (h)(31); 

■ b. Redesignate paragraphs (h)(32) thru 

(h)(34) as (h)(34) thru (h)(36); 

■ c. Add new paragraphs (h)(32) and 

(h)(33). 

The revisions and additions read as 

follows: 

§ 1926.6 Incorporation by reference. 

* * * * * 

(h) * * * 

(31) ANSI Z87.1–2010, Occupational 

and Educational Personal Eye and Face 

Protection Devices, approved April 13, 

2010; IBR approved for 

§ 1926.102(b)(1)(i). Copies are available 

for purchase from: 

(i) American National Standards 

Institute’s e-Standards Store, 25 W 43rd 

Street, 4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; Web site: 

http://webstore.ansi.org/; 

(ii) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (877) 413–5184; Web site: 

http://global.ihs.com; or 

(iii) TechStreet Store, 3916 Ranchero 

Dr., Ann Arbor, MI 48108; telephone: 

(877) 699–9277; Web site: http://

techstreet.com. 

(32) ANSI Z87.1–2003, Occupational 

and Educational Personal Eye and Face 

Protection Devices, approved June 19, 

2003; IBR approved for 

§ 1926.102(b)(2)(ii). Copies available for 

purchase from the: 

(i) American National Standards 

Institute’s e-Standards Store, 25 W 43rd 

Street, 4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; Web site: 

http://webstore.ansi.org/; 

(ii) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (877) 413–5184; Web site: 

http://global.ihs.com; or 

(iii) TechStreet Store, 3916 Ranchero 

Dr., Ann Arbor, MI 48108; telephone: 

(877) 699–9277; Web site: http://

techstreet.com. 

(33) ANSI Z87.1–1989 (R–1998), 

Practice for Occupational and 

Educational Eye and Face Protection; 

IBR approved for § 1926.102(b)(2)(iii). 

Copies are available for purchase from: 

(i) American National Standards 

Institute’s e-Standards Store, 25 W 43rd 

Street, 4th Floor, New York, NY 10036; 

telephone: (212) 642–4980; Web site: 

http://webstore.ansi.org/; 

(ii) IHS Standards Store, 15 Inverness 

Way East, Englewood, CO 80112; 

telephone: (877) 413–5184; Web site: 

http://global.ihs.com; or 

(iii) TechStreet Store, 3916 Ranchero 

Dr., Ann Arbor, MI 48108; telephone: 

(877) 699–9277; Web site: http://

techstreet.com. 

* * * * * 

Subpart E—[Amended] 

■ 16. Revise the authority citation for 

subpart E of part 1926 to read as 

follows: 

Authority: 40 U.S.C. 3701 et seq.; 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), 5–2002 (67 FR 

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

55355), or 1–2012 (77 FR 3912), as 

applicable; and 29 CFR part 1911. 

■ 17. Amend § 1926.102 as follows: 

■ a. Revise paragraphs (a)(1) thru (a)(4). 

■ b. Delete paragraphs (a)(5), (a)(7), 

(a)(8) and Table E–1. 

■ c. Redesignate paragraph (a)(6) as 

(a)(5) and Tables E–2 and E–3 as Tables 

E–1 and E–2 . 

■ d. Revise paragraph (b). 

■ e. Add paragraph (c). 

The additions and revisions read as 

follows: 

§ 1926.102 Eye and face protection. 

(a) General requirements. (1) The 

employer shall ensure that each affected 

employee uses appropriate eye or face 

protection when exposed to eye or face 

hazards from flying particles, molten 

metal, liquid chemicals, acids or caustic 

liquids, chemical gases or vapors, or 

potentially injurious light radiation. 

(2) The employer shall ensure that 

each affected employee uses eye 

protection that provides side protection 

when there is a hazard from flying 

objects. Detachable side protectors (e.g. 

clip-on or slide-on side shields) meeting 

the pertinent requirements of this 

section are acceptable. 

(3) The employer shall ensure that 

each affected employee who wears 

prescription lenses while engaged in 

operations that involve eye hazards 

wears eye protection that incorporates 

the prescription in its design, or wears 

eye protection that can be worn over the 

prescription lenses without disturbing 

the proper position of the prescription 

lenses or the protective lenses. 

(4) Eye and face PPE shall be 

distinctly marked to facilitate 

identification of the manufacturer. 

* * * * * 

(b) Criteria for protective eye and face 

protection. (1) Protective eye and face 

protection devices must comply with 

any of the following consensus 

standards: 

(i) ANSI Z87.1–2010, Occupational 

and Educational Personal Eye and Face 

Protection Devices, incorporated by 

reference in § 1926.6; 

(ii) ANSI Z87.1–2003, Occupational 

and Educational Personal Eye and Face 

Protection Devices, incorporated by 

reference in § 1926.6; or 

(iii) ANSI Z87.1–1989 (R–1998), 

Practice for Occupational and 

Educational Eye and Face Protection, 

incorporated by reference in § 1926.6; 

(2) Protective eye and face protection 

devices that the employer demonstrates 

are at least as effective as protective eye 

and face protection devices that are 

constructed in accordance with one of 

the above consensus standards will be 

deemed to be in compliance with the 

requirements of this section. 

(c) Protection against radiant energy— 

(1) Selection of shade numbers for 

welding filter. Table E–1 shall be used 

as a guide for the selection of the proper 

shade numbers of filter lenses or plates 

used in welding. Shades more dense 

than those listed may be used to suit the 

individual’s needs. 

TABLE E–1—FILTER LENS SHADE

NUMBERS FOR PROTECTION

AGAINST RADIANT ENERGY

Welding operation Shade 

No. 

Shielded metal-arc welding 1⁄16-, 3⁄32-, 1⁄8-, 5⁄32-inch diameter electrodes.10. 

Gas-shielded arc welding (nonferrous) 1⁄16-, 3⁄32-, 1⁄8-, 5⁄32-inch 

diameter electrodes.

11. 

Gas-shielded arc welding (ferrous) 1⁄16-, 3⁄32-, 1⁄8-, 5⁄32-inch diameter 

electrodes.

12. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
13304 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules 

TABLE E–1—FILTER LENS SHADE

NUMBERS FOR PROTECTION

AGAINST RADIANT ENERGY—Continued 

Welding operation Shade 

No. 

Shielded metal-arc welding 3⁄16-, 7⁄32-, 1⁄4-inch diameter electrodes.12. 

5⁄16-, 3⁄8-inch diameter electrodes .... 14. 

Atomic hydrogen welding ................. 10–14. 

Carbon-arc welding .......................... 14. 

Soldering .......................................... 2. 

Torch brazing ................................... 3 or 4. 

Light cutting, up to 1 inch ................ 3 or 4. 

Medium cutting, 1 inch to 6 inches .. 4 or 5. 

Heavy cutting, over 6 inches ........... 5 or 6. 

Gas welding (light), up to 1⁄8-inch .... 4 or 5. 

Gas welding (medium), 1⁄8-inch to 1⁄2-inch.5 or 6. 

Gas welding (heavy), over 1⁄2-inch .. 6 or 8. 

(2) Laser protection. (i) Employees 

whose occupation or assignment 

requires exposure to laser beams shall 

be furnished suitable laser safety goggles 

which will protect for the specific 

wavelength of the laser and be of optical 

density (O.D.) adequate for the energy 

involved. Table E–2 lists the maximum 

power or energy density for which 

adequate protection is afforded by 

glasses of optical densities from 5 

through 8. 

TABLE E–2—SELECTING LASER

SAFETY GLASS

Intensity, CW 

maximum power 

density 

(watts/cm2) 

Attenuation 

Optical 

density 

(O.D.) 

Attenuation 

factor 

10¥2 ........................ 5 105

10¥1 ........................ 6 106

1.0 ........................... 7 107

10.0 ......................... 8 108

Output levels falling between lines in 

this table shall require the higher optical 

density. 

(ii) All protective goggles shall bear a 

label identifying the following data: 

(A) The laser wavelengths for which 

use is intended; 

(B) The optical density of those 

wavelengths; 

(C) The visible light transmission. 

[FR Doc. 2015–05521 Filed 3–12–15; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement Network 

31 CFR Part 1010 

RIN 1506–AB30 

Imposition of Special Measure against 

Banca Privada d’Andorra as a 

Financial Institution of Primary Money 

Laundering Concern 

AGENCY: Financial Crimes Enforcement 

Network (‘‘FinCEN’’), Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In a finding, notice of which 

is published elsewhere in this issue of 

the Federal Register (‘‘Notice of 

Finding’’), the Director of FinCEN found 

that Banca Privada d’Andorra (‘‘BPA’’) 

is a financial institution operating 

outside of the United States that is of 

primary money laundering concern. 

FinCEN is issuing this notice of 

proposed rulemaking (‘‘NPRM’’) to 

propose the imposition of a special 

measure against BPA. 

DATES: Written comments on this NPRM 

must be submitted on or before May 12, 

2015. 

ADDRESSES: You may submit comments, 

identified by 1506–AB30, by any of the 

following methods: 

• Federal E-rulemaking Portal: 

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

instructions for submitting comments. 

Include 1506–AB30 in the submission. 

• Mail: The Financial Crimes 

Enforcement Network, P.O. Box 39, 

Vienna, VA 22183. Include 1506–AB30 

in the body of the text. Please submit 

comments by one method only. 

• Comments submitted in response to 

this NPRM will become a matter of 

public record. Therefore, you should 

submit only information that you wish 

to make publicly available. 

Inspection of comments: Public 

comments received electronically or 

through the U.S. Postal Service sent in 

response to a notice and request for 

comment will be made available for 

public review on http://

www.regulations.gov. Comments 

received may be physically inspected in 

the FinCEN reading room located in 

Vienna, Virginia. Reading room 

appointments are available weekdays 

(excluding holidays) between 10 a.m. 

and 3 p.m., by calling the Disclosure 

Officer at (703) 905–5034 (not a toll-free 

call). 

FOR FURTHER INFORMATION CONTACT: The 

FinCEN Resource Center at (800) 767– 

2825. 

SUPPLEMENTARY INFORMATION: 

I. Statutory Provisions 

On October 26, 2001, the President 

signed into law the Uniting and 

Strengthening America by Providing 

Appropriate Tools Required to Intercept 

and Obstruct Terrorism Act of 2001 (the 

‘‘USA PATRIOT Act’’), Public Law 107– 

56. Title III of the USA PATRIOT Act 

amends the anti-money laundering 

provisions of the Bank Secrecy Act 

(‘‘BSA’’), codified at 12 U.S.C. 1829b, 12 

U.S.C. 1951–1959, and 31 U.S.C. 5311– 

5314, 5316–5332, to promote the 

prevention, detection, and prosecution 

of international money laundering and 

the financing of terrorism. Regulations 

implementing the BSA appear at 31 CFR 

Chapter X. The authority of the 

Secretary of the Treasury (the 

‘‘Secretary’’) to administer the BSA and 

its implementing regulations has been 

delegated to the Director of FinCEN. 

Section 311 of the USA PATRIOT Act 

(‘‘Section 311’’), codified at 31 U.S.C. 

5318A, grants the Director of FinCEN 

the authority, upon finding that 

reasonable grounds exist for concluding 

that a foreign jurisdiction, institution, 

class of transaction, or type of account 

is of ‘‘primary money laundering 

concern,’’ to require domestic financial 

institutions and financial agencies to 

take certain ‘‘special measures’’ to 

address the primary money laundering 

concern. 

II. Imposition of a Special Measure 

Against BPA as a Financial Institution 

of Primary Money Laundering Concern 

A. Special Measure 

As noticed elsewhere in this issue of 

the Federal Register, on March 6, 2015, 

the Director of FinCEN found that BPA 

is a financial institution operating 

outside the United States that is of 

primary money laundering concern 

(‘‘Finding’’). Based upon that Finding, 

the Director of FinCEN is authorized to 

impose one or more special measures. 

Following the consideration of all 

factors relevant to the Finding and to 

selecting the special measure proposed 

in this NPRM, the Director of FinCEN 

proposes to impose the special measure 

authorized by section 5318A(b)(5) (the 

‘‘fifth special measure’’). In connection 

with this action, FinCEN consulted with 

representatives of the Federal functional 

regulators, the Department of Justice, 

and the Department of State, among 

others. 

B. Discussion of Section 311 Factors 

In determining which special 

measures to implement to address the 

primary money laundering concern, 

FinCEN considered the following 

factors. 


tkelley on DSK3SPTVN1PROD with PROPOSALS