Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35137

Therefore, each grantee must submit a

quarterly report, as HUD prescribes, no

later than 30 days following each

calendar quarter, beginning after the

first full calendar quarter after grant

award and continuing until all funds

have been expended and that

expenditure reported. Each quarterly

report will include information on the

project name, activity, location, national

objective, funds budgeted and

expended, non-HUD Disaster Recovery

Initiative Federal source and funds,

numbers of properties and housing

units, and numbers of low- and

moderate-income households. Annually

(i.e., with every fourth submission), the

report shall include a financial

reconciliation of funds budgeted and

expended, and calculation of the overall

percent of benefit to low- and moderateincome persons (unless waived). HUD is

seeking approval from OMB for any new

information collection requirements in

accordance with the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520).

* * * * *

Dated: June 19, 1998.

Saul Ramirez,

Assistant Secretary for Community Planning

and Development.

[FR Doc. 98–17273 Filed 6–26–98; 8:45 am]

BILLING CODE 4210–29–M

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration, Labor

29 CFR Parts 1915 and 1926

RIN 1218–AB25

Occupational Exposure to Asbestos

AGENCY: Occupational Safety and Health

Administration, Labor.

ACTION: Final rule.

SUMMARY: This document revises the

Construction and Shipyard standards

regulating occupational exposure to

asbestos to conform the standards to the

Court of Appeals decision in Asbestos

Information Association/North America

v. Reich, 117 F. 3d 891 (5th Cir. July 24,

1997). The Court vacated the

construction and shipyard standards

insofar as they regulate asbestoscontaining roof cements, mastics and

coatings. The court’s decision did not

affect the general industry asbestos

standard, and that standard is not being

changed.

DATES: Effective on July 24, 1997.

FOR FURTHER INFORMATION CONTACT: John

Martonik, Acting Director, Directorate of

Safety Standards Programs, Room N–

3605, U.S. Department of Labor, 200

Constitution Avenue, N.W.,

Washington, D.C. 20210; Telephone

(202) 219–8061.

SUPPLEMENTARY INFORMATION:

Background

On August 10, 1994, the Occupational

Safety and Health Administration

published final standards (59 FR 40964,

29 CFR 1910.1001, 1915.1001, and

1926.1101), regarding occupational

asbestos exposure. On June 29, 1995,

OSHA issued amendments (60 FR

33974, 29 CFR 1915.1001 and

1926.1101) to correct and clarify various

provisions of the construction and

shipyard employment standards.

The Asbestos Information

Association/North American (AIA/NA)

petitioned for review of the construction

and maritime standards’ requirements

for work practices, training, and hazard

communication for asphalt roof

cements, coatings and mastics which

contain asbestos. In Asbestos

Information Association/North America

v. Reich, 117 F. 3d 891 (5th Cir. July 24,

1997), the court vacated the standards

insofar as they regulate these materials.

Need for Correction

OSHA is amending sections

1915.1001 and 1926.1101 to conform

the regulations to the court’s decision.

OSHA is adding a statement to

paragraph (a) in both standards to state

that the standard does not apply to

asbestos-containing asphalt roof

cements, coatings and mastics. In

paragraph (g)(12) in the maritime

standard and in paragraph (g)(11) of the

construction standard covering

alternative work practices, OSHA is

deleting references to roofing cements,

mastics and coatings. Section 1910.1001

remains unchanged.

OSHA is required to make these

corrections to conform the standard to

the court’s decision. Because OSHA has

no discretion in the matter, notice and

opportunity for public comment are not

necessary.

List of Subjects

29 CFR Part 1915

Asbestos, Hazardous substances,

Longshore and harbor workers,

Occupational safety and health, Vessels.

29 CFR Part 1926

Asbestos, Construction industry,

Hazardous substances, Occupational

safety and health.

Signed at Washington, D.C., this 22nd day

of June, 1998.

Charles N. Jeffress,

Assistant Secretary of Labor for Occupational

Safety and Health.

Accordingly, 29 CFR Parts 1915 and

1926 are corrected by making the

following correcting amendments:

PART 1915—OCCUPATIONAL SAFETY

AND HEALTH STANDARDS FOR

SHIPYARD EMPLOYMENT

1. The authority citation for 29 CFR

part 1915 is revised to read as follows:

Authority: Sec. 41, Longshore and Harbor

Workers’ Compensation Act (33 U.S.C. 941);

secs. 4, 6, 8, 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), or 6–96 (62 FR

111), as applicable; 29 CFR part 1911.

Section 1915.100 also issued under

Section 29, Hazardous Materials

Transportation Uniform Safety Act of

1990 (49 U.S.C. 1801–1819) and 5

U.S.C. 553.

Subpart Z—Toxic and Hazardous

Substances

2. In § 1915.1001, add paragraph (a)(8)

and revise paragraph (g)(12)

introductory text to read as follows:

§ 1915.1001 Asbestos.

(a) Scope and application. * * *

* * * * *

(8) This section does not apply to

asbestos-containing asphalt roof

cements, coatings and mastics.

* * * * *

(g) Methods of compliance * * *

* * * * *

(12) Alternative methods of

compliance for installation, removal,

repair, and maintenance of certain

roofing and pipeline coating materials.

Notwithstanding any other provision of

this section, an employer who complies

with all provisions of this paragraph

(g)(12) when installing, removing,

repairing, or maintaining intact pipeline

asphaltic wrap, or roof flashings which

contain asbestos fibers encapsulated or

coated by bituminous or resinous

compounds shall be deemed to be in

compliance with this section. If an

employer does not comply with all

provisions of this paragraph (g)(12) or if

during the course of the job the material

does not remain intact, the provisions of

paragraph (g)(8) of this section apply

instead of this paragraph (g)(12).

* * * * *
35138 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

PART 1926—SAFETY AND HEALTH

REGULATIONS FOR CONSTRUCTION

Subpart Z—Toxic and Hazardous

Substances

3. The authority citation for Subpart

Z of 29 CFR 1926 is revised to read as

follows:

Authority: Sec. 107, Contract Work Hours

and Safety Standards Act (40 U.S.C. 333);

Secs. 4, 6, 8, Occupational Safety and Health

Act of 1970 (29 U.S.C. 653, 655, 657);

Secretary of Labor’s Order Nos. 12–71 (36 FR

8754), 8–76 (41 FR 25059), 9–83 (48 FR

35736), 1–90 (55 FR 9033), or 6–96 (62 FR

111), as applicable; 29 CFR part 1911.

Section 1926.1102 not issued under

29 U.S.C. 655 or 29 CFR part 1911; also

issued under 5 U.S.C. 553.

4. In § 1926.1101, add paragraph (a)(8)

and revise paragraph (g)(11)

introductory text to read as follows:

§ 1926.1101 Asbestos.

(a) Scope and application. * * *

* * * * *

(8) This section does not apply to

asbestos-containing asphalt roof

coatings, cements and mastics.

* * * * *

(g) Methods of compliance * * *

* * * * *

(11) Alternative methods of

compliance for installation, removal,

repair, and maintenance of certain

roofing and pipeline coating materials.

Notwithstanding any other provision of

this section, an employer who complies

with all provisions of this paragraph

(g)(11) when installing, removing,

repairing, or maintaining intact pipeline

asphaltic wrap, or roof flashings which

contain asbestos fibers encapsulated or

coated by bituminous or resinous

compounds shall be deemed to be in

compliance with this section. If an

employer does not comply with all

provisions of this paragraph (g)(11) or if

during the course of the job the material

does not remain intact, the provisions of

paragraph (g)(8) of this section apply

instead of this paragraph (g)(11).

* * * * *

[FR Doc. 98–17091 Filed 6–26–98; 8:45 am]

BILLING CODE 4510–26–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 404, 405, 406, and 407

46 CFR Parts 401, 402, 403, and 404

[USCG–1998–3976]

Great Lakes Pilotage; Reorganization

of Regulations

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Saint Lawrence Seaway

Development Corporation’s (SLSDC)

responsibility for administering the

Secretary’s functions under the Great

Lakes Pilotage Act, as amended, (GLPA)

was transferred from the SLSDC to the

U.S. Coast Guard on March 5, 1998.

This rule relocates the Great Lakes

Pilotage regulations from their current

place in Title 33, Code of Federal

Regulations, to their original place in

Title 46, Code of Federal Regulations.

Relocation of these regulations is

necessary to position Great Lakes

Pilotage rules with other U.S. Coast

Guard regulations, and not with other

SLSDC regulations. This rule also makes

conforming amendments to the

regulations to reflect U.S. Coast Guard

responsibilities under the GPLA.

DATES: This final rule is effective June

30, 1998.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at the Docket

Management Facility, (USCG–1998–

3976), U.S. Department of

Transportation, room PL–401, 400

Seventh Street SW., Washington DC

20590–00001.

FOR FURTHER INFORMATION CONTACT:

For questions on this rule, contact LTJG

Mark A. Cunningham, U.S. Coast Guard,

telephone 202–267–1534. For questions

on viewing material in the docket,

contact Dorothy Walker, Chief,

Documents, Department of

Transportation, telephone 202–366–

9329.

SUPPLEMENTARY INFORMATION:

Regulatory History

This rulemaking relates to

departmental management,

organization, procedure, and practice.

Under 5 U.S.C. 553(b)A, notice and

public comment are unnecessary with

respect to rules of this nature. Therefore,

a notice of proposed rulemaking was not

published prior to this rulemaking. For

the same reason, good cause exists for

making this rule effective less than 30

days after its publication date as is

ordinarily required by 5 U.S.C. 553(d).

Background and Purpose

In 1994, the Secretary of

Transportation (the Secretary) formed a

study group to determine where to best

locate the authority to execute the

functions vested in him by the GPLA.

Among other powers and duties, the

GPLA authorizes the Secretary to

examine pilots, register them, and set

rates for their services. Because the

study group recommended transferring

these functions from the U.S. Coast

Guard to the SLSDC, the Secretary

withdrew the Coast Guard’s authority in

these matters and redelegated it to the

SLSDC (December 11, 1995; 60 FR

63444). On November 12, 1997, the U.S.

Court of Appeals for the District of

Columbia Circuit, in Halverson v.

Slater, 129 F.3d 180 (D.C. Cir, 1997),

reversed a district court decision and

held that the Secretary lacks the

authority, under 49 U.S.C. 322(b), to

delegate Great Lakes Pilotage Act

powers and duties to the SLSDC. The

court vacated the December 11, 1995

rule and determined that, under 46

U.S.C. 2104(a), the Secretary may

delegate these functions only to the U.S

Coast Guard. On March 5, 1998, the

Secretary responded to the court’s

ruling by redelegating the authority to

carry out functions under the GLPA to

the U.S. Coast Guard (63 FR 10781–2).

This rulemaking relocates the Great

Lakes Pilotage regulations from their

current place in Title 33 to their original

place in Title 46. Reorganization of the

CFR is necessary to position Great Lakes

Pilotage rules with other U.S. Coast

Guard regulations, and not with other

SLSDC regulations. This rule

redesignates parts 404, 405, 406, and

407 of 33 CFR Chapter IV, as parts 401,

402, 403, and 404, respectively, of 46

CFR Chapter III.

This rule also makes conforming

editorial changes to the redesignated

sections that reflect the redelegation of

Seaway responsibilities to the U.S.

Coast Guard. For example, the word

‘‘Administrator’’ is changed to the word

‘‘Commandant’’ and the words ‘‘Saint

Lawrence Seaway Development

Corporation’’ are changed to the words

‘‘U.S. Coast Guard.

This rule also revises the authority

citations of each redesignated part to

reflect the renewed delegation of

responsibilities from the Secretary to the

U.S. Coast Guard.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.