27428 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Rules and Regulations 

1The NTSB published the findings of this 

investigation in NTSB Safety Recommendation H– 

06–23, June 29, 2006; see ‘‘Technical Inquiries’’ 

mentioned earlier to obtain a copy of this 

document. 

document will be published 

subsequently in the Order. 

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. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (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, when 

promulgated, 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 I, 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 I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends a Jet Route in Alaska. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, Environmental Impacts: 

Polices and Procedures, paragraph 311a. 

This airspace action is not expected to 

cause any potentially significant 

environmental impacts, and no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment. 

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, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 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 FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, signed August 27, 2009, and 

effective September 15, 2009, is to be 

amended as follows: 

Paragraph 2004—Jet Routes 

* * * * * 

J–120 [Revised] 

From Mt. Moffett, AK, NDB, via St. Paul 

Island, AK, NDB; Bethel, AK; McGrath, AK; 

Fairbanks, AK; to Fort Yukon, AK. 

Issued in Washington, DC, on May 6, 2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–11495 Filed 5–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1926 

Safety Standards for Steel Erection 

AGENCY: Occupational Safety and Health 

Administration, Labor. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This technical amendment 

adds a nonmandatory note to the OSHA 

standards governing steel erection. The 

note provides information regarding 

existing Federal Highway 

Administration regulations that may 

apply to employers engaged in activities 

covered by OSHA’s steel erection 

standards. 

DATES: Effective date: May 17, 2010. 

FOR FURTHER INFORMATION CONTACT: 

General information and press inquiries: 

Ms. Jennifer Ashley, Office of 

Communications, Room N–3647, OSHA, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone (202) 693–1999. 

Technical inquiries: Contact Mr. 

Levon Schlichter, Directorate of 

Construction, Room N–3468, OSHA, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone (202) 693–2020 or 

fax (202) 693–1689. 

Electronic copies of this Federal 

Register notice: Go to OSHA’s Web site 

(http://www.osha.gov), and select 

‘‘Federal Register,’’ ‘‘Date of 

Publication,’’ and then ‘‘2010.’’ 

SUPPLEMENTARY INFORMATION: 

Background. On May 15, 2004, a fatal 

highway accident occurred on an 

interstate highway in Colorado as a 

passenger vehicle passed under an 

overpass that was being widened. The 

bracing used to temporarily support a 

partially installed steel girder on the 

overpass collapsed, causing the girder to 

fall to the highway below, shearing off 

the top of the vehicle and killing the 

three occupants inside. The National 

Transportation Safety Board (NTSB) 

subsequently investigated the accident 

and determined that the probable cause 

was insufficient design and installation 

of the girder’s temporary bracing 

system. NTSB also found that a 

Registered Engineer did not approve the 

bracing-system design, which violates 

Federal Highway Administration 

(FHWA) regulations (See discussion in 

the following paragraph).1

FHWA regulations generally require 

employers involved in National 

Highway System construction projects 

to comply with a number of standards, 

policies, and standard specifications 

published by the American Association 

of State Highway and Transportation 

Officials (‘‘AASHTO’’), among other 

organizations (See 23 CFR 625.3, 625.4). 

FHWA also encourages compliance with 

AASHTO Specifications that the FHWA 

regulations do not currently incorporate 

by reference. (See http:// 

www.fhwa.dot.gov/bridge/lrfd/ 

index.htm.) 

For projects involving bridge 

construction (e.g., temporary bracing 

systems), the FHWA regulations 

incorporate by reference AASHTO’s 

Standard Specifications for Highway 

Bridges, 15th edition, 1992 (See 23 CFR 

625.4). The 1992 Specifications provide 

that a Registered Engineer must prepare 

and seal working drawings for falsework 

in many cases. 

OSHA believes that knowledge of 

these requirements will enhance the 

safety of employees operating on or near 

structural steel elements used in 

highway construction, including bridges 

and other structures. Therefore, OSHA 

is adding a note to 29 CFR 1926.754(a) 

to inform construction employers of the 

FHWA requirements. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Rules and Regulations 27429 

Public participation. OSHA 

determined that this technical 

amendment is not subject to the 

procedures for public notice and 

comment specified by Section 4 of the 

Administrative Procedures Act (5 U.S.C. 

553), Section 6(b) of the Occupational 

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

655(b)), and 29 CFR 1911.5. This 

technical amendment of 29 CFR 

1926.754(a) merely notifies the 

regulated community of existing Federal 

regulations; it is nonmandatory and 

disseminated for informational purposes 

only, and does not increase regulatory 

burden. Therefore, this technical 

amendment does not affect or change 

any existing rights or obligations, and 

no member of the regulated community 

is likely to object to it. In conclusion, 

OSHA finds good cause that the 

opportunity for public comment is 

unnecessary within the meaning of 5 

U.S.C. 553(b)(3)(B), 29 U.S.C. 655(b), 

and 29 CFR 1911.5. 

List of Subjects in 29 CFR Part 1926 

Structural steel erection, Construction 

industry, Construction safety, 

Occupational Safety and Health 

Administration, Occupational safety 

and health. 

Authority and Signature 

This document was prepared under 

the authority of David Michaels, PhD, 

MPH, Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210, 

pursuant to Sections 6(b) of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 655), Secretary of 

Labor’s Order 5–2007 (72 FR 31160), 

and 29 CFR part 1911. 

Signed at Washington, DC, on May 4, 2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

■ For the reasons set forth above in the 

preamble, OSHA is amending 29 CFR 

part 1926 as follows: 

PART 1926—[AMENDED] 

Subpart R—[Amended] 

■ 1. The authority citation for subpart R 

is revised to read as follows: 

Authority: Sec. 107, Contract Work Hours 

and Safety Standards Act (Construction 

Safety Act) (40 U.S.C. 333); Secs. 4, 6, and 

8, Occupational Safety and Health Act of 

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

Labor’s Order Nos. 3–2000 (65 FR 50017), 5– 

2002 (67 FR 65008), and 5–2007 (72 FR 

31160); and 29 CFR part 1911. 

■ 2. Amend § 1926.754 by adding a note 

after paragraph (a) to read as follows: 

§ 1926.754 Structural steel assembly. 

(a) * * * 

Note to paragraph (a): Federal Highway 

Administration (FHWA) regulations 

incorporate by reference a number of 

standards, policies, and standard 

specifications published by the American 

Association of State Highway and 

Transportation Officials (AASHTO) and other 

organizations. (See 23 CFR 625.4). Many of 

these incorporated provisions may be 

relevant to maintaining structural stability 

during the erection process. For instance, as 

of May 17, 2010, in many cases FHWA 

requires a Registered Engineer to prepare and 

seal working drawings for falsework used in 

highway bridge construction. (See AASHTO 

Specifications for Highway Bridges, Div. II, 

§ 3.2.1, 15th edition, 1992, which FHWA 

incorporates by reference in 23 CFR 625.4). 

FHWA also encourages compliance with 

AASHTO Specifications that the FHWA 

regulations do not currently incorporate by 

reference. (See http://www.fhwa.dot.gov/ 

bridge/lrfd/index.htm.) 

* * * * * 

[FR Doc. 2010–10983 Filed 5–14–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 706 

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972; 

Correction 

AGENCY: Department of the Navy, DoD. 

ACTION: Correcting amendments. 

SUMMARY: The Department of the Navy 

published a document in the Federal 

Register (69 FR 61312) of October 18, 

2004, concerning certifications and 

exemptions under the International 

Regulations for Preventing Collisions at 

Sea, 1972 (72 COLREGS). The document 

contained an incorrect ship name and 

information concerning Annex I, section 

2(k). 

DATES: Effective May 17, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Commander Ted Cook, 

JAGC, U.S. Navy, Admiralty Attorney, 

(Admiralty and Maritime Law), Office of 

the Judge Advocate General, Department 

of the Navy, 1322 Patterson Ave., SE., 

Suite 3000, Washington Navy Yard, DC 

20374–5066, telephone number: 202– 

685–5040. 

SUPPLEMENTARY INFORMATION: The 

Department of the Navy published a 

document in the Federal Register (69 

FR 61312) of October 18, 2004, on page 

61312, in Table Three concerning 

certifications and exemptions under the 

International Regulations for Preventing 

Collisions at Sea, 1972 (72 COLREGS). 

The document contained an incorrect 

ship name and information concerning 

Annex I, section 2(k). 

List of Subjects in 32 CFR Part 706 

Marine safety, Navigation (water), and 

Vessels. 

■ Accordingly, 32 CFR Part 706 is 

corrected pursuant to the authority 

granted in 33 U.S.C. 1605 by making the 

following correcting amendments: 

PART 706—CERTIFICATIONS AND 

EXEMPTIONS UNDER THE 

INTERNATIONAL REGULATIONS FOR 

PREVENTING COLLISIONS AT SEA, 

1972 

■ 1. The authority citation for part 706 

continues to read as follows: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2 is amended in Table 

Three by revising the entry for USS 

VIRGINIA (SSN 774), to read as follows: 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 


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