38986 Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 

regulatory text at paragraph § 1926.62 

(d)(2)(iv). 

On February 18, 2020, OSHA 

corrected typographical errors, 

including extraneous or omitted 

materials and inaccurate graphics, in 27 

OSHA standards and regulations. In one 

of these corrections under Subpart D— 

Occupational Health and Environmental 

Controls, Lead, OSHA amended 

paragraphs 1926.62(d)(2)(iii) and (iv) by 

replacing the outdated references to 

‘‘Table 1 of this section’’ with the 

correct references to ‘‘paragraph (f) of 

this section,’’ as Table 1 no longer 

existed (see 85 FR at 8728). 

These corrections resulted in the 

inadvertent removal of the list of tasks 

at the end of paragraph (d)(2)(iv). OSHA 

is correcting 29 CFR 1926.62 to restore 

this list. 

II. Exemption From Notice and 

Comment Procedures 

OSHA has determined this correction 

is not subject to the procedures for 

public notice and comment specified in 

Section 4 of the Administrative 

Procedure Act (5 U.S.C. 553), and 

Section 6(b) of the Occupational Safety 

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

655(b)). This rulemaking only reinstates 

the inadvertent removal of four lines of 

regulatory text. The text that was 

removed was originally promulgated as 

part of an interim final rule mandated 

by Title X of the Housing and 

Community Development Act of 1992 

(Pub. L. 102–550) and was included in 

§ 1926.62(d)(2)(iv) for more than 25 

years until its inadvertent deletion. No 

stakeholder is likely to object to this 

correction. Therefore, the agency finds 

good cause, in accordance with 29 CFR 

1911.5 and 5 U.S.C. 553(b)(3)(B), that 

public notice and comment are 

unnecessary under 5 U.S.C. 553(b) and 

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

III. State Plans 

When federal OSHA promulgates a 

new standard or more stringent 

amendment to an existing standard, the 

states and U.S. Territories with their 

own OSHA-approved occupational 

safety and health plans (State Plans) 

must promulgate a state standard 

adopting such new federal standard or 

more stringent amendment to an 

existing federal standard, or an at least 

as effective equivalent thereof, within 

six months of promulgation of the new 

federal standard or amendment. The 

state may demonstrate that a standard 

change is not necessary if the state 

standard is already the same or at least 

as effective as the federal standard 

change. 

Of the 28 states and territories with 

OSHA-approved State Plans, 22 cover 

public and private-sector employees: 

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. The remaining six states and 

territories cover only state and local 

government employees: Connecticut, 

Illinois, Maine, New Jersey, New York, 

and the Virgin Islands. 

OSHA concludes this correcting 

amendment restores inadvertently 

removed regulatory text which contains 

protections afforded employees under 

this standard for more than 25 years. 

Therefore, OSHA has determined that, 

within six months of the rule’s 

promulgation date, State Plans must 

review their state standards and adopt 

this correction, unless the State Plans 

demonstrate that such amendment is 

not necessary, either because their 

existing standards continue to include 

the language that was inadvertently 

removed from the federal standard or 

because they have adopted different 

standards that are at least as effective as 

the reinstated federal provisions. 

Authority and Signature 

James Frederick, Deputy Assistant 

Secretary of Labor for Occupational 

Safety and Health, U.S. Department of 

Labor, 200 Constitution Avenue NW, 

Washington, DC 20210, authorized the 

preparation of this notice pursuant to 

Sections 4, 6, and 8 of the Occupational 

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

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

Order 8–2020 (85 FR 58393 (Sept. 18, 

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

553. 

James Frederick, 

Deputy Assistant Secretary of Labor for 

Occupational Safety and Health. 

Accordingly, OSHA is correcting 29 

CFR part 1926 with the following 

amendment: 

PART 1926—OCCUPATIONAL SAFETY 

AND HEALTH REGULATIONS FOR 

CONSTRUCTION 

■ 1. The authority citation for subpart D 

is revised to read as follows: 

Authority: 40 U.S.C. 3704; 29 U.S.C. 653, 

655, and 657; and 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 31159), 

4–2010 (75 FR 55355), 1–2012 (77 FR 3912), 

or 8–2020 (85 FR 58393), as applicable; and 

29 CFR part 1911. 

Sections 1926.59, 1926.60, and 1926.65 

also issued under 5 U.S.C. 553 and 29 CFR 

part 1911. 

Section 1926.61 also issued under 49 

U.S.C. 1801–1819 and 5 U.S.C. 553. 

Section 1926.62 also issued under sec. 

1031, Public Law 102–550, 106 Stat. 3672 (42 

U.S.C. 4853). 

Section 1926.65 also issued under sec. 126, 

Public Law 99–499, 100 Stat. 1614 (reprinted 

at 29 U.S.C.A. 655 Note) and 5 U.S.C. 553. 

■ 2. Amend § 1926.62 by revising 

paragraph (d)(2)(iv) to read as follows: 

§ 1926.62 Lead. 

* * * * * 

(d) * * * 

(2) * * * 

(iv) With respect to the tasks listed in 

this paragraph (d)(2)(iv), where lead is 

present, until the employer performs an 

employee exposure assessment as 

required in this paragraph (d) and 

documents that the employee 

performing any of the listed tasks is not 

exposed to lead in excess of 2,500 mg/ 

m3 (50×PEL), the employer shall treat 

the employee as if the employee were 

exposed to lead in excess of 2,500 mg/ 

m3 and shall implement employee 

protective measures as prescribed in 

paragraph (d)(2)(v) of this section. 

Where the employer does establish that 

the employee is exposed to levels of 

lead below 2,500 mg/m3, the employer 

may provide the exposed employee with 

the appropriate respirator prescribed for 

use at such lower exposures, in 

accordance with paragraph (f) of this 

section. Interim protection as described 

in this paragraph is required where lead 

containing coatings or paint are present 

on structures when performing: 

(A) Abrasive blasting, 

(B) Welding, 

(C) Cutting, and 

(D) Torch burning. 

* * * * * 

[FR Doc. 2022–13907 Filed 6–29–22; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0542] 

Safety Zones; Delaware River; DRWC 

Fireworks; Penn’s Landing 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Penn’s Landing, Delaware River, 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 38987 

Philadelphia, PA, Safety Zone from 9 

p.m. through 10 p.m. on July 2, 2022, to 

provide for the safety of life on 

navigable waterways during this 

firework event. Our regulation for 

marine events within the Fifth Coast 

Guard District identifies the regulated 

area for this event in Philadelphia, PA. 

During the enforcement period, the 

operator of any vessel in the regulated 

area must comply with directions from 

the Patrol Commander or any Official 

Patrol displaying a Coast Guard ensign. 

DATES: The regulation in 33 CFR 

165.506 will be enforced for the location 

identified as entry 10 in table 1 to 

paragraph (h)(1) from 9 p.m. through 10 

p.m. on July 2, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, you may call or email 

Petty Officer Thomas Welker, U.S. Coast 

Guard, Sector Delaware Bay, Waterways 

Management Division, telephone 215– 

271–4814, email Thomas.j.welker@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 

table 1 to paragraph (h)(1) to 33 CFR 

165.506, entry 10 for the DRWC 

Fireworks Display from 9 p.m. until 10 

p.m. on July 2, 2022. This action is 

necessary to ensure safety of life on the 

navigable waters of the United States 

immediately prior to, during, and 

immediately after the fireworks 

displays. Our regulation for safety zones 

of fireworks displays within the Fifth 

Coast Guard District, table 1 to 

paragraph (h)(1) to 33 CFR 165.506, 

entry 10 specifies the location of the 

regulated area as all waters of Delaware 

River, adjacent to Penn’s Landing, 

Philadelphia, PA, within a 500-yard 

radius of the launch site at approximate 

position latitude 39°56′52′′ N, longitude 

075°08′9′′ W. During the enforcement 

period, as reflected in § 165.506(d), 

vessels may not enter, remain in, or 

transit through the safety zone unless 

authorized by the Captain of the Port or 

designated Coast Guard patrol personnel 

on-scene. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard will provide notification of 

this enforcement period via broadcast 

notice to mariners. 

Dated: June 27, 2022. 

Jonathan D. Theel, 

Captain, U.S. Coast Guard Captain of the 

Port Delaware Bay. 

[FR Doc. 2022–14046 Filed 6–29–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0541] 

Safety Zones; Fireworks Displays in 

the Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Delaware River, Philadelphia, PA; 

Safety Zone from 8:45 p.m. through 10 

p.m. on July 3, 2022, to provide for the 

safety of life on navigable waterways 

during the Rivers Casino fireworks 

event. Our regulation for marine events 

within the Fifth Coast Guard District 

identifies the regulated area for this 

event in Philadelphia, PA. During the 

enforcement period, the operator of any 

vessel in the regulated area must 

comply with directions from the Patrol 

Commander or any Official Patrol 

displaying a Coast Guard ensign. 

DATES: The regulation 33 CFR 165.506 

will be enforced for the location 

identified in entry 10 of table 1 to 

paragraph (h)(1) from 8:45 p.m. through 

10 p.m. on July 3, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, you may call or email 

Petty Officer Jennifer Padilla, U.S. Coast 

Guard, Sector Delaware Bay, Waterways 

Management Division, telephone 215– 

271–4814, email Jennifer.l.Padilla@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 

table 1 to paragraph (h)(1) to 33 CFR 

165.506, entry (a)10 for the Rivers 

Casino Fireworks display 8:45 p.m. 

through 10 p.m. on July 3, 2022. This 

action is necessary to ensure safety of 

life on the navigable waters of the 

United States immediately prior to, 

during, and immediately after the 

fireworks displays. Our regulation for 

safety zones of fireworks displays 

within the Fifth Coast Guard District, 

table 1 to paragraph (h)(1) to 33 CFR 

165.506, entry 10 specifies the location 

of the regulated area as all waters of 

Delaware River, adjacent to Penn’s 

Landing, Philadelphia, PA, within a 

500-yard radius of the fireworks barge 

position. The approximate position for 

the display is latitude 39°57′39′′ N, 

longitude 075°07′45′′ W. During the 

enforcement period, as reflected in 

§ 165.506(d), vessels may not enter, 

remain in, or transit through the safety 

zone unless authorized by the Captain 

of the Port or designated Coast Guard 

patrol personnel on-scene. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard will provide notification of 

this enforcement period via broadcast 

notice to mariners. 

Dated: June 27, 2022. 

Jonathan D. Theel, 

Captain, U.S. Coast Guard Captain of the 

Port Delaware Bay. 

[FR Doc. 2022–14042 Filed 6–29–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0535] 

RIN 1625–AA00 

Safety Zone; Waterway, Tonawanda, 

NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 280-foot 

radius of bridge launched fireworks over 

Ellicott River in Tonawanda, NY. The 

safety zone is necessary to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by a fireworks display. Entry of 

vessels or persons into this safety zone 

is prohibited unless specifically 

authorized by the Captain of the Port 

Buffalo or his designated representative. 

DATES: This rule is effective from 9:45 

p.m. through 10:30 p.m. on July 4, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0535 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Next, in the Document 

Type column, select ‘‘Supporting & 

Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MST1 Anthony Urbana, Sector 

Buffalo, U.S. Coast Guard; telephone 

716–843–9342, email D09-SMBSECBuffalo-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 


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