53922 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

and Reporting Points, dated August 30, 

2004, and effective September 16, 2004, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designation listed in this document will 

be published subsequently in the Order. 

The Rule 

This amendment to 14 CFR part 71 

revises Class E airspace at Cordova, 

Alaska. This Class E airspace is revised 

to accommodate aircraft executing 

SIAPs at the airport and will be 

depicted on aeronautical charts for pilot 

reference. The intended effect of this 

rule is to provide adequate controlled 

airspace for Instrument Flight Rule (IFR) 

operations at Cordova Airport, Cordova, 

Alaska. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule will not have 

a significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle 1, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart 1, Section 

40103, Sovereignty and use of airspace. 

Under that section, the FAA is charged 

with prescribing regulations to ensure 

the safe and efficient use of the 

navigable airspace. This regulation is 

within the scope of that authority 

because it creates Class E airspace 

sufficient in size to contain aircraft 

executing instrument procedures for the 

Cordova Airport and represents the 

FAA’s continuing effort to safely and 

efficiently use the navigable airspace. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9M, 

Airspace Designations and Reporting 

Points, dated August 30, 2004, and 

effective September 16, 2004, is 

amended as follows: 

* * * * * 

Paragraph 6002 Class E airspace 

Designated as Surface Areas. 

* * * * * 

AAL AK E2 Cordova, AK [Revised] 

Cordova, Merle K. (Mudhole) Smith Airport, 

AK 

(Lat. 60°29′31′′ N., Long. 145°28′40′′ W.) 

Glacier River Non-Directional Beacon (NDB) 

(Lat. 60°29′56′′ N., Long. 145°28′28′′ W.) 

Within a 4.1–mile radius of the Merle K. 

(Mudhole) Smith Airport and within 2 miles 

each side of the 115° bearing from the Glacier 

River NDB extending from the 4.1–mile 

radius to 6 miles southeast of the airport, and 

within 2 miles each side of the 124° bearing 

from the Glacier River NDB extending from 

the 4.1–mile radius to 10.4 miles southeast of 

the airport, and within 3.2 miles northwest 

and 2.1 miles southeast of the 222° bearing 

from the Glacier River NDB extending from 

the 4.1–mile radius to 10 miles southwest of 

the airport, excluding that airspace north of 

a line from Lat. 60°31′03′′ N., Long. 

145°20′59′′ W. to Lat. 60°32′45′′ N., Long. 

145°33′43′′ W. 

* * * * * 

Paragraph 6005 Class E airspace extending 

upward from 700 feet or more above the 

surface of the earth. 

* * * * * 

AAL AK E5 Cordova, AK [Revised] 

Cordova, Merle K. (Mudhole) Smith Airport, 

AK 

(Lat. 60°29′31′′ N., long. 145°28′40′′ W.) 

Glacier River NDB 

(Lat. 60°29′56′′ N., long. 145°28′28′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of the Merle K. (Mudhole) Smith 

Airport, and within 4 miles each side of the 

222° bearing from the Glacier River NDB 

extending from the 6.6-mile radius to 20 

miles southwest of the airport; and that 

airspace extending upward from 1,200 feet 

above the surface within a 30-mile radius of 

the airport and within 6 miles each side of 

the 115° bearing from the Glacier River NDB 

extending from the 30-mile radius to 45 miles 

east of the airport, excluding that airspace 

within Control Area 1487L. and more than 12 

miles from the shoreline. 

* * * * * 

Issued in Anchorage, AK, on September 1, 

2005. 

Joseph Rollins, 

Acting Director, Alaska Flight Services Area 

Office. 

[FR Doc. 05–18154 Filed 9–12–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Part 51 

RIN 1400–AC11 

[Public Notice: 5186] 

New Passport Amendment Policy 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: This rule amends the passport 

regulations to abolish the U.S. passport 

amendment process, except for the 

convenience of the U.S. Government, 

and broadens the reasons for issuing a 

replacement passport at no additional 

cost to the applicant. The rule also adds 

unpaid fees as a ground for invalidating 

a passport. 

DATES: This rule will become effective 

on September 26, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Palmer-Royston, Office of 

Passport Policy, Planning and Advisory 

Services, Bureau of Consular Affairs, 

telephone 202–663–2662. 

SUPPLEMENTARY INFORMATION: 

Analysis of Comments 

The proposed rule was published on 

February 18, 2005. Comments were 

accepted from the public for 45 days. 

We received only 2 comments in 

response to the portion of the proposed 

rule that we are now publishing in final. 

Neither comment objected to the 

proposed change in the amendment 

process. Rather, both comments asked 

for greater detail as to how the new 

procedures will work. The process is 

discussed below. The comments are 

available for review at http:// 

www.travel.state.gov, under the passport 

section, or at the State Department 

reading room. 

Rule Change 

This rule was originally published in 

the Federal Register on February 18, 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 53923 

2005 (70 FR 8305), as a proposed rule 

entitled ‘‘Electronic Passport’’ (RIN 

1400–AB93) that included changes to 

the passport regulations needed due to 

the pending introduction of the 

electronic passport. This final rule 

separates the portions of the proposed 

regulation on passport amendments, 

replacement passports and unpaid fees 

from the portions of the proposed 

regulation that related exclusively to 

electronic passports. We separated them 

because a large volume of comments 

were received with respect to the 

introduction of the sections of the rule 

relating exclusively to the electronic 

passport, which the Department needs 

time to consider carefully. We do not 

believe, however, that there is any need 

to delay making the changes in passport 

amendment policy and the rules for 

invalidation of a passport planned in 

the proposed rule. In addition to 

deleting the portions of the proposed 

regulations relating exclusively to the 

electronic passport, the final rule 

includes a few minor changes in 

wording, but does not alter the 

substance of the proposed rule. 

Regulatory Changes 

Passport Amendments and Extensions 

Discontinued 

By this rule, the Department 

discontinues the general practice of 

amending passports to correct or change 

data elements relating to the bearer or to 

the passport’s validity period. This will 

improve document security by 

presenting all personal information only 

on one page, the passport data page. 

Moreover, in the future, the Department 

plans to issue U.S. passports with an 

electronic chip as an additional security 

feature. Once programmed, the chip 

cannot be edited. In order to protect the 

security of the electronic passport, the 

passport data page and the electronic 

chip would contain the same 

information. 

Under this rule, when important 

information contained on the data page 

of a passport, for example, the bearer’s 

name or the passport validity period, is 

changed, instead of manually amending 

the passport to reflect the new 

information, the Department will cancel 

the passport and issue a replacement. 

Issuance of a replacement will mean 

that the data page will reflect the correct 

personal information of the passport 

bearer and the correct validity period, 

and, in the case of an electronic 

passport, that the information will be 

identical to the information on the 

electronic chip. However, the rule 

reserves the possibility of amending a 

passport for the convenience of the U.S. 

Government in a small number of cases 

where it would be impossible or 

inadvisable to issue a replacement, such 

as when a passport must be limited in 

validity for direct return to the United 

States. 

Application for Replacement Passport 

Pursuant to Title 22 of the United 

States Code, Section 211a et seq. and 

E.O. 11295, 31 FR 10603 (Aug. 5, 1966), 

the Secretary has broad authority to 

issue regulations governing the issuance 

of passports. There is no statutory 

requirement to permit amendments to 

passports, as opposed to requiring that 

a new passport be issued when 

personal, or other, information changes. 

The Secretary has in the past exercised 

regulatory discretion to permit 

amendments. The current regulations in 

Section 51.20 of Title 22, Code of 

Federal Regulations (CFR) requires that 

an application for a passport or for an 

amendment of a passport shall be 

completed upon such forms as 

prescribed by the Department. An 

applicant for a passport amendment 

uses a specified application form. This 

rule will delete, in the first sentence of 

section 51.20, the words ‘‘an 

amendment,’’ to reflect the decision to 

discontinue amendments. 

Section 51.64 of Title 22, CFR sets out 

the requirements for replacement of a 

passport at no cost. This rule will add 

new categories of such passports. The 

Department encourages U.S. citizens to 

keep their U.S. passports up to date as 

a document of identity. Doing so will 

help prevent unexpected problems that 

may occur when the identity shown on 

their passport does not match other 

identity materials. To encourage 

individuals to maintain passports that 

accurately reflect their current names 

and to alleviate some of the cost burden, 

an individual whose name has changed, 

as for example, through marriage or by 

court order, within the first year of 

validity of a new passport will be able 

to return the passport, along with a 

completed application, new 

photographs and proof of the personal 

information change for replacement 

with a full validity passport at no 

additional cost. This rule will also allow 

issuance at no cost of a replacement 

passport, for the balance of its period of 

validity, of a passport needed by law 

enforcement or the judiciary for 

evidentiary purposes. 

Nearly all passports applied for 

abroad, except limited validity 

emergency passports, are printed in the 

United States. Applicants for limited 

validity emergency passports must pay 

the fees that are charged for a fullvalidity passport. This amendment 

provides that those who have been 

issued a one-year validity passport for 

emergency travel may apply for a fullvalidity replacement passport within 

one year of the issuance of the limited 

passport for no additional cost. 

New Ground for Invalidating a Passport 

Under this rule, if full payment of all 

applicable passport fees is not 

presented, as for example when a check 

is returned or a credit card charge is 

disputed after issuance of a passport, 

the Department, in addition to taking 

action to collect the delinquent fees 

under 22 CFR part 34 and the Federal 

Claims Collection Act, may send the 

delinquent bearer a letter to the bearer’s 

last available address notifying him or 

her that the passport has been 

invalidated because the applicable fees 

have not been received. An invalidated 

passport cannot be used for travel. 

Administrative Procedure Act 

The Department is publishing this 

rule as a final rule, after publishing a 

proposed rule, allowing a 45-day 

provision for public comments, and 

consideration of all comments received. 

The Department provided for a shorter 

comment period than the 60 days 

suggested by Section 6(a) of E.O. 12866 

because we believed 45 days would 

provide the public with a meaningful 

opportunity to comment while 

advancing important national security 

and foreign policy goals. In order to 

protect the security of U.S. borders, it is 

essential that the Department put the no 

amendment policy into effect as soon as 

possible. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

These final regulations are hereby 

certified as not expected to have a 

significant impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act, 

5 U.S.C. 601–612, and Executive Order 

13272, section 3(b). 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

This final rule is not a major rule, as 

defined by 5 U.S.C. 804, for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. This rule 

will not result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of United 

States-based companies to compete with 

53924 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

foreign based companies in domestic 

and export markets. 

The Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UFMA), 

Public Law 104–4, 109 Stat. 48, 2 U.S.C. 

1532, generally requires agencies to 

prepare a statement before proposing 

any rule that may result in an annual 

expenditure of $100 million or more by 

State, local, or tribal governments, or by 

the private sector. This rule will not 

result in any such expenditure nor will 

it significantly or uniquely affect small 

governments. 

Executive Orders 12372 and 13132: 

Federalism 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Nor will the rule 

have federalism implications warranting 

the application of Executive Orders No. 

12372 and No. 13132. 

Executive Order 12866: Regulatory 

Review 

The Department of State has reviewed 

this final rule to ensure its consistency 

with the regulatory philosophy and 

principles set forth in Executive Order 

12866 and has determined that the 

benefits of the proposed regulation 

justify its costs. The Department does 

not consider the proposed rule to be an 

economically significant regulatory 

action within the scope of section 3(f)(1) 

of the Executive Order since it is not 

likely to have an annual effect on the 

economy of $100 million or more or to 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities. However, because the 

proposed rule from which this final rule 

is derived does have important policy 

implications and involves a critical 

component of upgrading border security 

for the United States, this final rule has 

been provided to the Office of 

Management and Budget (OMB) for 

review. 

Executive Order 12988: Civil Justice 

Reform 

The Department has reviewed the 

regulations in light of sections 3(a) and 

3(b)(2) of Executive Order No. 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

The Paperwork Reduction Act of 1995 

In conjunction with the proposed 

rule, the Department determined that 

the portion of the proposed rule 

contained in this final rule contains 

collection of information requirements 

for the purposes of the PRA. The 

Department sought and received 

emergency six-month approvals from 

OMB for the use of four information 

collections. The Department is currently 

seeking three-year extensions of the 

OMB emergency approvals. The 

extensions are the subject of separate 

Federal Register notices and requests 

for public comment. 

Two of the four collections involve 

existing forms that were already 

scheduled for PRA renewal in 2005. The 

Department has revised and updated the 

instructions associated with existing 

information collections number 1405–

0004 (DS–11, Application for a U.S. 

Passport) and 1405–0020 (DS–82, 

Application for a U.S. Passport by Mail). 

Among other changes, the revisions 

notify applicants that a passport may be 

invalidated for lack of payment of the 

requisite fees. 

The Department is also introducing 

two new collections of information. One 

of the new collections will introduce a 

new form, DS–5504 (U.S. Passport ReApplication Form), to permit 

application for a replacement fullvalidity passport within one year of 

passport issuance based on a change of 

name, incorrect data, or the emergency 

issuance abroad of a one-year full-fee 

passport. The other new collection (DS–

4085, Application for Additional Visa 

Pages) will replace existing information 

collection number 1405–0007, which 

relates to Form DS–19. Form DS–19 is 

currently used to apply for amendment 

of a U.S. passport or request issuance of 

extra visa pages. Because passport 

amendments no longer will be made 

under the proposed rule, Form DS–19 

will be discontinued. In its place, Form 

DS–4085 will be introduced solely to 

enable holders of a valid U.S. passport 

to request that extra visa pages be added 

to the passport. 

List of Subjects in 22 CFR Part 51 

Administrative practice and 

procedure, Drug traffic control, 

Passports and visas. 

■ Accordingly, for the reasons set forth 

in the preamble, 22 CFR Chapter I is 

amended as follows: 

PART 51—[AMENDED] 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 22 U.S.C. 211a, 213, 2651a, 

2671(d)(3), 2714 and 3926; 31 U.S.C. 9701; 

E.O. 11295, 3 CFR, 1966–1970 Comp., p 570; 

sec. 236, Public Law 106–113, 113 Stat. 

1501A–430; 18 U.S.C. 1621(a)(2). 

■ 2. Section 51.4 is amended by revising 

paragraph (f) and adding paragraph 

(h)(3) to read as follows: 

§ 51.4 Validity of passports. 

* * * * * 

(f) Limitation of validity. The 

Secretary may limit a passport’s validity 

period to less than the normal validity 

period. The bearer of a limited passport 

may apply for a replacement passport, 

using the proper application, and 

submitting the limited passport, 

applicable fees, photos and additional 

documentation, if required, to support 

the issuance of a replacement passport. 

* * * * * 

(h) * * * 

(3) The Department has sent a written 

notice to the bearer at the bearer’s last 

known address that the passport has 

been invalidated because the 

Department has not received the 

applicable fees. 

* * * * * 

■ 3–4. The first sentence of § 51.20 is 

revised to read as follows: 

§ 51.20 General. 

An application for a passport, a 

replacement passport, extra visa pages, 

or other passport related service must be 

completed upon such forms as the 

Department may prescribe. 

* * * * * 

■ 5. Section 51.32 is revised to read as 

follows: 

§ 51.32 Passport Amendments. 

Except for the convenience of the U.S. 

Government, no passport will be 

amended. 

■ 6. Section 51.64 is revised to read as 

follows: 

§ 51.64 Replacement Passports. 

A passport issuing office may issue a 

replacement passport for the following 

reasons without payment of applicable 

fees: 

(a) To correct an error or rectify a 

mistake of the Department. 

(b) When the bearer has changed his 

or her name or other personal identifier 

listed on the data page of the passport, 

and applies for a replacement passport 

within one year of the date of the 

passport’s original issuance. 

(c) When the bearer of an emergency 

full fee passport issued for a limited 

validity period applies for a full validity 

passport within one year of the date of 

the passport’s original issuance. 

(d) When a passport is retained by law 

enforcement or the judiciary for 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 53925 

evidentiary purposes and the bearer is 

still eligible to have a passport. 

■ 7. Section 51.66(a) is revised to read 

as follows: 

§ 51.66 Expedited passport processing. 

(a) Within the United States, an 

applicant for a passport service 

(including issuance, replacement or the 

addition of visa pages) may request 

expedited processing by a Passport 

Agency. All requests by applicants for 

in-person services at a Passport Agency 

shall be considered requests for 

expedited processing, unless the 

Department has determined that the 

applicant is required to apply at a 

Passport Agency. 

* * * * * 

■ 8. The title of part 51, subpart E is 

revised to read as follows: 

Subpart E—Limitations on Issuance or 

Use of Passports 

* * * * * 

Dated: September 6, 2005. 

Maura Harty, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. 05–18108 Filed 9–12–05; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1910 

[Docket No. S–023A] 

RIN 1218–AC08 

Updating OSHA Standards Based On 

National Consensus Standards; 

General, Incorporation by Reference; 

Hazardous Materials, Flammable and 

Combustible Liquids; General 

Environmental Controls, Temporary 

Labor Camps; Hand and Portable 

Powered Tools and Other Hand-Held 

Equipment, Guarding of Portable 

Powered Tools; Welding, Cutting and 

Brazing, Arc Welding and Cutting; 

Special Industries, Sawmills 

AGENCY: Occupational Safety and Health 

Administration (OSHA); Labor. 

ACTION: Final rule. 

SUMMARY: OSHA is issuing this final 

rule to delete from OSHA standards 

three references to national consensus 

standards and two references to 

industry standards that are outdated. 

Deleting these references will not 

reduce employee protections. By 

eliminating the outdated references, 

however, OSHA will clarify employer 

obligations under the applicable OSHA 

standards and reduce administrative 

burdens on employers and OSHA. 

These revisions are part of OSHA’s 

overall effort to update OSHA standards 

that reference, or that include language 

taken directly from, outdated consensus 

standards. 

DATES: This final rule will become 

effective on November 14, 2005. 

ADDRESSES: In accordance with 28 

U.S.C. 2112(a), the Agency designates 

the Associate Solicitor of Labor for 

Occupational Safety and Health, Office 

of the Solicitor of Labor, Room S–4004, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210, to receive petitions for 

review of the final rule. 

FOR FURTHER INFORMATION CONTACT: For 

general information and press inquiries 

contact Mr. Kevin Ropp, Director, 

OSHA Office of Communications, Room 

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

Constitution Avenue, NW., Washington, 

DC 20210; telephone: (202) 693–1999. 

For technical inquiries contact Mr. Lee 

Smith, Director, Office of Safety 

Systems, Room N–3609, OSHA, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone: (202) 693–2255 or fax (202) 

693–1663. Copies of this Federal 

Register notice are available from the 

OSHA Office of Publications, Room N–

3101, U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone: (202) 693–1888. 

Electronic copies of this Federal 

Register notice, as well as news releases 

and other relevant documents, are 

available at OSHA’s Web page at http:// 

www.osha.gov. 

SUPPLEMENTARY INFORMATION: References 

to comments in the rulemaking record 

are found throughout the text of the 

preamble. Comments are identified by 

an assigned exhibit number as follows: 

‘‘Ex. 4–3’’ means Exhibit 4–3 in Docket 

S–023A. A list of the exhibits and 

copies of the exhibits are available in 

the OSHA Docket Office under Docket 

S–023A and at OSHA’s homepage. 

Background 

On November 24, 2004, OSHA 

published a notice in the Federal 

Register announcing its overall project 

to update OSHA standards that are 

based on national consensus standards 

(69 FR 68283). The notice explained the 

reasons for the project and the 

regulatory approaches OSHA plans to 

use to implement the project, including 

notice and comment rulemaking, direct 

final rulemaking, and technical 

amendments. To review the eleven 

comments received on this notice, most 

of which were supportive, see Docket S–

023 at http://dockets.osha.gov. OSHA 

appreciates these comments and will 

welcome additional comments as it 

proceeds with the overall update 

project. 

On the same day, OSHA also 

published in the Federal Register a 

direct final rule (69 FR 68712) and a 

companion proposed rule (69 FR 68706) 

to delete three references to national 

consensus standards and two references 

to industry standards that are outdated. 

OSHA announced that the direct final 

rule would become effective on 

February 22, 2005, unless the Agency 

received a significant adverse comment 

before the comment period closed. 

OSHA received five comments on the 

direct final rule and companion 

proposed rule. OSHA considers one of 

the comments to be significantly 

adverse. On February 18, 2005, OSHA 

published a notice withdrawing the 

direct final rule (70 FR 8291). OSHA is 

treating the five comments as comments 

to the proposed rule, and considered all 

of the comments in publishing this final 

rule. 

Discussion of Changes 

OSHA explained in detail its decision 

to revoke each of the references at issue 

in the direct final and companion 

proposed rules published in the Federal 

Register on November 24, 2004 (69 FR 

68706, 68712), and OSHA incorporates 

those discussions in this final rule. The 

five references are to consensus or 

industry standards issued over 35 years 

ago, and in one case over 60 years ago. 

Some are no longer available to the 

public through the issuing Standards 

Development Organization (SDO). Three 

of the references have been withdrawn 

by their issuing SDOs and not replaced. 

In proposing the revocations, OSHA 

found that the changes would enhance 

employee safety by eliminating 

confusion and clarifying employer 

obligations. OSHA also determined that 

the revocations would not result in 

additional costs to employers, and may 

even produce cost savings. 

The Agency carefully considered all 

comments received. After review of the 

comments, OSHA continues to find that 

revoking the five references is 

appropriate. 

29 CFR 1910.106(b)(1)(iii)(a)(2): 

OSHA is revoking from its standard for 

flammable and combustible liquids 

American Petroleum Institute Standard 

No. 12A, Specification for Oil Storage 

Tanks with Riveted Shells, Seventh 

Edition, September 1951 (API 12A). 

OSHA included API 12A in the 

standard to provide employers with one