20098 Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations

(b) * * *

(2) * * *

(v) At a level not to exceed 0.2 percent

by weight of the suture material for

coloring glycolide/dioxanone/

trimethylene carbonate tripolymer

absorbable sutures for use in general

surgery.

* * * * *

Dated: April 16, 1998.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 98–10779 Filed 4–22–98; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Parts 1910 and 1926

[Docket No. H–049]

RIN 1218–AA05

Respiratory Protection; Correction

AGENCY: Occupational Safety and Health

Administration (OSHA), Department of

Labor.

ACTION: Final rule; correction.

SUMMARY: OSHA is correcting errors in

the regulatory text of the Respiratory

Protection final rule that appeared in

the Federal Register on January 8, 1998

(63 FR 1152).

DATES: These corrections become

effective on April 23, 1998.

FOR FURTHER INFORMATION CONTACT:

Bonnie Friedman, Director, OSHA

Office of Public Affairs, Room N–3647,

U.S. Department of Labor, 200

Constitution Avenue, N.W.,

Washington, D.C. 20210; Telephone:

(202) 219–8148.

SUPPLEMENTARY INFORMATION: On

January 8, 1998 (63 FR 1152), OSHA

promulgated revised regulations for

respiratory protection in general

industry (part 1910), shipyards (part

1915), marine terminals (part 1917),

longshoring (part 1918), and

construction (part 1926).

Subsequently, technical and

typographic errors were discovered in

the regulatory text. This notice is being

published to correct these errors. With

the exception of the explanations

discussed below, these corrections are

self-explanatory.

In paragraph (i)(1)(ii), Breathing air

quality and use, the reference to ‘‘Type

1—Grade D breathing air’’ has been

corrected to read ‘‘Grade D breathing

air’’ to conform to the ANSI/

Compressed Gas Association

Commodity Specification for Air, G–

7.1–1989.

Paragraph (n)(3) is corrected to state

that the respiratory protection

provisions of the previous standard, 29

CFR 1910.134 as contained in the 29

CFR parts 1900 to 1910.999 edition of

the Code of Federal Regulations

published July 1, 1997, will continue in

effect until October 5, 1998, the date for

full compliance with the revised

standard, rather than April 8, 1998, the

effective date of the revised standard.

In Appendix A, in the protocol for the

Bitrex qualitative fit test, the part

numbers for the fit test hood assembly

now match the part numbers given in

the saccharin qualitative fit test

protocol. Also, in the generated aerosol

quantitative fit testing protocol, a

reference for using P100 filters as one of

the methods to filter exhaust air flow

from the fit test chamber is incorrect

and is deleted. In the condensation

nuclei counter quantitative fit test

protocol, the requirement in paragraph

(a)(1) that a high-efficiency filter be

fitted has been revised to allow for the

fit testing of additional types of filters as

appropriate. For the controlled negative

fit test protocol, the pressure setting for

the default test pressure has been

changed from ¥1.5 mm to the correct

value of ¥15 mm.

In Appendix C a typographic error in

Part A, Section 2, question 11(e) has

been corrected to read ‘‘d. Any other eye

or vision problem: Yes/No’’.

Appendix D has been entitled

‘‘mandatory’’ since the employer is

required by paragraph (k)(6) of the

standard to provide the basic advisory

information on respirators presented in

Appendix D to any employees who

voluntarily use respirators.

Since some of the 13 carcinogens are

vapors, language has been added to

paragraph (c)(4)(iv) of § 1910.1013

permitting the use of air-purifying

canisters or cartridges, in addition to

particulate filters. This provision

requires appropriate respirator filters for

these carcinogens.

This correction removes the provision

in the revised Lead standard

(§ 1910.1025(f)(1)(i)) that limits

respirator use to a maximum of 4.4

hours per day. The 4.4 hour requirement

had been removed earlier by OSHA (see

60 FR 52859).

Typographic errors in provisions in

the Benzene standard (§ 1910.1028

(g)(2)(i)), Acrylonitrile standard

(§ 1910.1045 (h)(2)(i)), and the

Formaldehyde standard (§ 1910.1048

(g)(2)(i)) that referenced § 1910.134

(d)(3)(iii)(b)(1) have been corrected to

read (d)(3)(iii)(B)(1).

Appendix E of the

Methylenedianiline standard

(§ 1910.1050), which specifies fit testing

protocols, has been removed to match

changes made to other substance

specific standards. These changes

require the use of the fit testing

protocols in Appendix A of the revised

respiratory protection standard.

The Methylene chloride standard

limits respiratory protection to

supplied-air respirators except for

emergency escape. Paragraphs

(d)(3)(iii)(B) (1) and (2) of the revised

respiratory protection standard address

the use of end-of-service-life indicators

or change schedules for cartridges and

canisters, and do not apply to suppliedair or emergency escape respirators.

Accordingly, these paragraphs have

been removed from the respiratory

protection program required by the

Methylene chloride standard to be in

compliance with the revised § 1910.134

respiratory protection standard.

The correction to paragraph (h)(2)(iv)

of the Asbestos standard for the

construction industry reinstates an

earlier revision made by OSHA to this

standard. This revision permitted the

use of PAPRs with HEPA filters or

supplied-air respirators with HEPA

egress cartridges under the conditions

specified in this paragraph (see 60 FR

33985).

All these corrections to the standard

are deemed to be ‘‘minor’’ amendments

within the meaning of 29 CFR 1911.5.

OSHA finds good cause, pursuant to 29

CFR 1911.5 and the Administrative

Procedure Act, for promulgating the

corrections without notice and

opportunity for public comment.

Correction of Publication

The following corrections are made in

the final rule for Respiratory Protection

published in the Federal Register on

January 8, 1998 (63 FR 1152).

Respiratory Protection [Correction]

§ 1910.134 [Correction]

1. On page 1275, first column,

paragraph (i)(1)(ii), lines 2 and 3, are

corrected to read ‘‘meet at least the

requirements for Grade D breathing air

described in’’.

2. On page 1275, first column,

paragraph (i)(4)(ii), line 4, is corrected to

read ‘‘requirements for Grade D’’.

3. On page 1276, second column,

paragraph (n)(3), line 2, the date ‘‘April

8, 1998’’ is corrected to read ‘‘October

5, 1998’’.

4. On page 1278, third column,

paragraph (a)(1), line 10, the reference

‘‘parts #14 and #15’’ is corrected to read

‘‘parts # FT 14 and # FT 15’’.
Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations 20099

5. On page 1280, first column,

paragraph (11), lines 3 and 4, are

corrected to read ‘‘filter (i.e., high

efficiency particulate filter) before

release.’’

6. On page 1280, third column,

following the equation, paragraph (a)(1)

is revised to read: ‘‘(1) Check the

respirator to make sure the sampling

probe and line are properly attached to

the facepiece and that the respirator is

fitted with a particulate filter capable of

preventing significant penetration by

the ambient particles used for the fit test

(e.g., NIOSH 42 CFR 84 series 100,

series 99, or series 95 particulate filter)

per manufacturer’s instruction.’’

7. On page 1281, second column,

paragraph (a)(2), line 2, the reference

‘‘¥1.5 mm’’ is corrected to read ‘‘¥15

mm’’.

8. On page 1283, second column,

question 11, lines 6 and 7, are corrected

to read ‘‘d. Any other eye or vision

problem: Yes/No’’.

9. On page 1284, second column, line

17, is corrected to read ‘‘Appendix D to

§ 1910.134 (Mandatory)’’.

§ 1910.1003 13 Carcinogens [Correction]

10. On page 1286, first column after

Table 1, paragraph (c)(4)(iv), lines 5 and

6 are corrected to read: ‘‘use a half-face

filter-type respirator with filters for

dusts, mists, and fumes, or air-purifying

canisters or cartridges. A respirator’’.

§ 1910.1025 Lead [Correction]

11. On page 1287, second column

following Table II, paragraph (f)(1)(i) is

revised to read: ‘‘(i) Periods necessary to

install or implement engineering or

work-practice controls.’’

§ 1910.1028 Benzene [Correction]

12. On page 1289, third column

following Table 2, paragraph (g)(2)(i),

line 2, the reference ‘‘(d)(3)(iii)(b)(1)’’ is

corrected to read ‘‘(d)(3)(iii)(B)(1).’’

§ 1910.1045 Acrylonitrile [Correction]

13. On page 1291, second column

following Table 1, paragraph (h)(2)(i),

line 5, the reference ‘‘(d)(3)(iii)(b)(1)’’ is

corrected to read ‘‘(d)(3)(iii)(B)(1)’’.

§ 1910.1048 Formaldehyde [Correction]

14. On page 1293, second column,

paragraph (g)(2)(i), line 5, the reference

‘‘(d)(3)(iii)(b)(1)’’ is corrected to read

‘‘(d)(3)(iii)(B)(1)’’.

§ 1910.1050 Methylenedianiline

[Correction]

15. On page 1293, first column

following Table 1, paragraph 28, is

revised to read ‘‘28. Section 1910.1050

is amended by removing Appendix E,

and revising paragraph (h) and the first

paragraph of Section III to Appendix A

to read as follows:’’.

§ 1910.1052 Methylene chloride

[Correction]

16. On page 1295, second column

following Table 1, paragraph (g)(1)(i), is

revised to read ‘‘(i) Periods when an

employee’s exposure to MC exceeds the

8-hour TWA PEL, or STEL (for example,

when an employee is using MC in a

regulated area).’’

17. On page 1295, third column

following Table 1, paragraph (g)(2)(i),

line 5, the reference ‘‘(d)(1)(iii))’’ is

corrected to read ‘‘(d)(1)(iii) and

(d)(3)(iii)(B)(1) and (2)).’’

§ 1926.1101 Asbestos [Correction]

18. On page 1298, first and second

columns following Table 1, paragraph

(h)(3)(iv) is revised to read:

‘‘(iv) In addition to the above

selection criteria, when employees are

in a regulated area where Class I work

is being performed, a negative exposure

assessment of the area has not been

produced, and the exposure assessment

of the area indicates the exposure level

will not exceed 1 f/cc as an 8-hour time

weighted average, employers must

provide the employees with one of the

following respirators:

(A) A tight-fitting powered airpurifying respirator equipped with high

efficiency filters;

(B) A full facepiece supplied-air

respirator operated in the pressuredemand mode equipped with HEPA

egress cartridges; or

(C) A full facepiece supplied-air

respirator operated in the pressuredemand mode equipped with an

auxiliary positive pressure selfcontained breathing apparatus. A full

facepiece supplied-air respirator

operated in the pressure-demand mode

equipped with an auxiliary positive

pressure self-contained breathing

apparatus must be provided under such

conditions when the exposure

assessment indicates exposure levels

above 1 f/cc as an 8-hour time weighted

average.’’

Dated: April 15, 1998.

Charles N. Jeffress,

Assistant Secretary of Labor for Occupational

Safety and Health.

[FR Doc. 98–10795 Filed 4–22–98; 8:45 am]

BILLING CODE 4510–26–P

DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 357

[Department of the Treasury Circular, Public

Debt Series, No. 2–86]

Regulations Governing Book-Entry

Treasury Bonds, Notes, and Bills;

Determination Regarding State Statute

AGENCY: Bureau of the Public Debt,

Fiscal Service, Treasury.

ACTION: Determination of substantially

identical state statute.

SUMMARY: The Department of the

Treasury is announcing that it has

reviewed the recently enacted South

Dakota law adopting Revised Article 8

of the Uniform Commercial Code—

Investment Securities (‘‘Revised Article

8’’) and has determined that it is

substantially identical to the uniform

version of Revised Article 8 for

purposes of interpreting the rules in 31

CFR Part 357, Subpart B (the ‘‘TRADES’’

regulations). Therefore, that portion of

the TRADES rule requiring application

of Revised Article 8 if a state has not

adopted Revised Article 8 will no longer

be applicable for South Dakota.

EFFECTIVE DATE: April 23, 1998.

FOR FURTHER INFORMATION CONTACT: Lisa

A. Crosby, Attorney-Advisor, (202) 219–

3320, or Cynthia E. Reese, Deputy Chief

Counsel, (202) 219–3320.

SUPPLEMENTARY INFORMATION: On August

23, 1996, The Department published a

final rule to govern securities held in

the commercial book-entry system, now

referred to as the Treasury/Reserve

Automated Debt Entry System

(‘‘TRADES’’). 61 FR 43626.

In the commentary to the final

regulations, Treasury stated that for the

28 states that had by then adopted

Revised Article 8, the versions enacted

were ‘‘substantially identical’’ to the

uniform version for purposes of the rule.

Therefore, for those states, that portion

of the TRADES rule requiring

application of Revised Article 8 was not

invoked. Treasury also indicated in the

commentary that as additional states

adopt Revised Article 8, notice would

be provided in the Federal Register as

to whether the enactments are

substantially identical to the uniform

version so that the federal application of

Revised Article 8 would no longer be in

effect for those states. Treasury adopted

this approach in an attempt to provide

certainty in application of the rule in

response to public comments. This

notice addresses the recent adoption of

Article 8 by South Dakota.