14218 Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Rules and Regulations

LA–200). The ANADA is approved as of

February 10, 1995, and the regulations

are amended in 21 CFR 522.1660(b) and

(c)(2)(iii) to reflect the approval. The

basis for approval is discussed in the

freedom of information summary.

In accordance with the freedom of

information provisions of part 20 (21

CFR part 20) and § 514.11(e)(2)(ii) (21

CFR 514.11(e)(2)(ii)), a summary of

safety and effectiveness data and

information submitted to support

approval of this application may be seen

in the Dockets Management Branch

(HFA–305), Food and Drug

Administration, rm. 1–23, 12420

Parklawn Dr., Rockville, MD 20857,

between 9 a.m. and 4 p.m., Monday

through Friday.

The agency has carefully considered

the potential environmental effects of

this action. FDA has concluded that the

action will not have a significant impact

on the human environment, and that an

environmental impact statement is not

required. The agency’s finding of no

significant impact and the evidence

supporting that finding, contained in an

environmental assessment, may be seen

in the Dockets Management Branch

(address above) between 9 a.m. and 4

p.m., Monday through Friday.

List of Subjects in 21 CFR Part 522

Animal drugs.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Center for Veterinary Medicine, 21

CFR part 522 is amended as follows:

PART 522—IMPLANTATION OR

INJECTABLE DOSAGE FORM NEW

ANIMAL DRUGS

1. The authority citation for 21 CFR

part 522 continues to read as follows:

Authority: Sec. 512 of the Federal Food,

Drug, and Cosmetic Act (21 U.S.C. 360b).

2. Section 522.1660 is amended in

paragraph (b) by removing the phrase

‘‘000010 and 000069’’ and adding in its

place ‘‘000010, 000069, and 059130’’,

and in paragraph (c)(2)(iii) by revising

the last sentence to read as follows:

§ 522.1660 Oxytetracycline injection.

* * * * *

(c) * * *

(2) * * *

(iii) * * * Discontinue treatment at

least 42 days prior to slaughter when

provided by 000010 and 28 days prior

to slaughter when provided by 000069

or 059130.

Dated: March 8, 1995.

Stephen F. Sundlof,

Director, Center for Veterinary Medicine.

[FR Doc. 95–6527 Filed 3–15–95; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Part 1915

[Docket No. S–050]

Confined and Enclosed Spaces and

Other Dangerous Atmospheres in

Shipyard Employment

AGENCY: Occupational Safety and Health

Administration (OSHA), Department of

Labor.

ACTION: Final rule; correction.

SUMMARY: In the July 25, 1994, Federal

Register OSHA published a revised

standard for Shipyard Employment,

subpart B of 29 CFR part 1915,

extending the previous requirements for

work in explosive and other dangerous

atmospheres on ships to cover all work

involving confined or enclosed spaces

or other dangerous atmospheres

throughout shipyard employment (59

FR 37816). With the present document,

OSHA is making corrections to the rule

which include: clarifying the order of

testing before employees may enter a

confined or enclosed space or other

dangerous atmosphere; clarifying when

flammable atmospheres must be

maintained above the upper explosive

limit during installation of ventilation

or rescue; and clarifying the limited

locations and conditions where hot

work may be performed without first

being certified by a Marine Chemist.

Several typographical errors are also

being corrected.

EFFECTIVE DATE: The final rule published

on July 25, 1994, became effective on

October 24, 1994. These corrections are

effective March 16, 1995.

FOR FURTHER INFORMATION CONTACT:

Richard Liblong, Director, Office of

Information and Consumer Affairs,

Occupational Safety and Health

Administration, Room N3647, U.S.

Department of Labor, 200 Constitution

Ave., N.W., Washington, D.C. 20210

(202–219–8148).

SUPPLEMENTARY INFORMATION:

I. Correction to § 1915.12—Precautions

Before Entering Confined and Enclosed

Spaces and Other Dangerous

Atmospheres

OSHA is correcting the section

heading to § 1915.12 to make clearer the

requirement that atmospheric testing

must be done in the order set forth in

the standard (i.e., oxygen content, then

flammability, and then toxicity).

In the preamble to the final rule

OSHA explained how the section was

being reformatted to address the order of

atmospheric testing to be conducted

when determining hazards within

confined and enclosed spaces and other

dangerous atmospheres prior to entry

(59 FR 37830). The Agency stated

explicitly in the preamble to paragraphs

(a), (b), and (c) of § 1915.12 that

atmospheres must be tested for oxygen

content first, flammability second, and

toxicity third (59 FR 37831). However,

the section heading did not include the

sequence of testing, and the specific

introductory statement requiring

atmospheric testing to be conducted in

the proper sequence was inadvertently

omitted from the regulatory text. The

insertion of the sequence of testing into

the section heading and the addition of

the introductory text to § 1915.12 brings

the section into conformance with the

rulemaking record, the preamble

explanation, and OSHA’s intent.

II. Correction to § 1915.12(b)—

Flammable Atmospheres

In the previous standard covering

entry into spaces containing flammable

atmospheres, § 1915.12(d), employees

were allowed to perform work of brief

duration in atmospheres containing

concentrations of flammable

contaminants as long as the

concentrations remained above the

upper explosive limit (UEL) and the

requirements of § 1915.152(a) and (b),

Respiratory protection, were followed.

That allowance was continued in the

proposed revision to subpart B,

§ 1915.12(d), Work of brief duration (53

FR 48108). In the final standard, which

permits such entry only to set up

ventilation or for rescue, OSHA carried

over the condition that the flammable

contaminant(s) be maintained above the

UEL (59 FR 37858). Unfortunately, the

wording of this condition could be

construed to require that levels of

atmospheric contaminants in a space

actually be increased to a level above

the UEL prior to ventilation start-up or

rescue so that they may be maintained

above the UEL. OSHA did not intend

the rule to require this. When the

atmosphere is below the UEL (but above
Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Rules and Regulations 14219

the lower explosive limit) the addition

of flammable contaminants to a space

prior to rescue or ventilation set-up to

exceed the UEL could increase both the

atmospheric hazards to employees and

the time needed for rescue. Only

atmospheres that are already at or above

the UEL are to be maintained at those

levels. To prevent confusion regarding

when an employer must maintain the

level of contaminants above the UEL,

OSHA is correcting § 1915.12(b)(3)(iii).

III. Correction to § 1915.14—Hot Work

In paragraph (a)(1)(iv) of § 1915.14,

OSHA has provided an exception to the

general rule that certain atmospheres in

spaces must be tested and certified by

a Marine Chemist before hot work may

be done. The exception provides that

some atmospheres where hot work is to

be performed may, instead, be tested by

a Competent Person. OSHA is correcting

the exception to specify the spaces to

which the exception applies and adding

a note for further clarification.

It was OSHA’s intent to extend the

requirements of existing subpart B to all

shipyard employment, making changes

only where necessary to clarify the

language and correct requirements that

were inappropriate. In bringing forward

the requirements on hot work, however,

OSHA incorrectly omitted the reference

to the scope of the existing exception

which included dry cargo,

miscellaneous and passenger vessels.

The exception did not apply to tank

vessels because of the seriousness of the

hazards associated with the

flammability or combustibility of tanker

vessel cargo. However, OSHA intended

the dry cargo, miscellaneous and

passenger vessels exception to apply to

all landside spaces as well, because

their configuration and the conditions

found within these spaces are similar to

those on the dry cargo, miscellaneous

and passenger vessels. Therefore, OSHA

is correcting the paragraph to make it

clear that the exception does not apply

to hot work performed on tank vessels.

This is consistent with the previous

standard and OSHA’s intent.

OSHA has also added a note to make

it clear that hot work which does not

need to be certified by a Marine Chemist

(i.e., work in spaces adjacent to spaces

that contain liquids with a flash point

above 150° F (65.6° C)) still needs to be

inspected and tested by a competent

person prior to beginning the hot work.

IV. Correction to § 1915.15(e)

In § 1915.15(e), OSHA requires testing

to maintain a competent person’s

findings. In order to make it clear that

a visual inspection is part of the testing,

OSHA is correcting paragraph (e). This

is consistent with the testing

requirements throughout the standard,

the rulemaking record, the preamble

explanation, and OSHA’s intent.

V. Typographical Corrections

Two provisions in subpart B of part

1915 contained minor typographical

errors. They are § 1915.12 (d)(3)(ii) and

(e)(1)(iii).

PART 1915—[CORRECTED]

1. The authority citation for part 1915

continues 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); Sec.

4 of the Administrative Procedure Act (5

U.S.C. 553); Secretary of Labor’s Order No.

12–71 (36 FR 8754), 8–76 (41 FR 25059), 9–

83 (48 FR 35736), or 1–90 (55 FR 9033) as

applicable; 29 CFR Part 1911.

2. The text of 29 CFR part 1915, beginning at § 1915.12, 59 FR 37858 is corrected as follows:

Page, column Correction

§ 1915.12

Section heading ..................... 59 FR 37858, 1st .. The section heading is corrected to read as follows: ‘‘Precautions and the order of testing

before entering confined and enclosed spaces and other dangerous atmospheres.’’

Introductory text ..................... 59 FR 37858, 1st .. Add the following new introductory text after the section heading: ‘‘The employer shall ensure that atmospheric testing is performed in the following sequence: oxygen content,

flammability, toxicity.’’

Paragraph (b)(3)(iii) ............... 59 FR 37858, 3rd .. This paragraph is corrected to read as follows: ‘‘(iii) Atmospheres at or above the upper

explosive limit are maintained; and’’

Paragraph (d)(3)(ii) ................ 59 FR 37859, 1st .. The word ‘‘a’’ that appears at the end of the first line is corrected to read ‘‘an’’.

Note to paragraph (e)(1)(iii) ... 59 FR 37859, 2nd

(sixth paragraph

second line).

The word ‘‘preforms’’ that appears at the beginning of the second line is corrected to read

‘‘performs’’.

§ 1915.14

Paragraph (a)(1)(iv) ............... 59 FR 37860, 2nd . This paragraph is corrected to read as follows:

‘‘Exception: On dry cargo, miscellaneous and passenger vessels and in the landside operations within spaces which meet the standards for oxygen, flammability and toxicity in

§ 1915.12, but are adjacent to spaces containing flammable gases or liquids, as long as

the gases or liquids have a flash point below 150° F (65.6° C) and the distance between

such spaces and the work is 25 feet (7.5m) or greater.’’

Note: For flammable liquids with flash points above 150° F (65.6° C), see paragraph (b) of

this section.

§ 1915.15

Paragraph (e) ........................ 59 FR 37861, 1st .. Correct the paragraph to read as follows: ‘‘(e) Tests to maintain a competent person’s

findings. After a competent person has conducted a visual inspection and tests required

in §§ 1915.12, 1915.13, and 1915.14 of this part and determined a space to be safe for

an employee to enter, he or she shall continue to test and visually inspect spaces as

often as necessary to ensure that the required atmospheric conditions within the tested

space are maintained.’’

VI. Authority

This document was prepared under

the direction of Joseph A. Dear,

Assistant Secretary of Labor for the

Occupational Safety and Health

Administration, U.S. Department of

Labor, 200 Constitution Avenue, N.W.,

Washington, D.C. 20210.

List of Subjects in 29 CFR Part 1915

Confined spaces, Emergency medical

services, Hazardous substances, Marine
14220 Federal Register / Vol. 60, No. 51 / Thursday, March 16, 1995 / Rules and Regulations

safety, Occupational Safety and Health,

Signs and symbols, Vessels, Welding.

The actions in this document are

taken pursuant to sections 4, 6, and 8 of

the Occupational Safety and Health Act

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

Secretary of Labor’s Order No. 1–90 (55

FR 9033), and 29 CFR Part 1911.

Joseph A. Dear,

Assistant Secretary of Labor.

[FR Doc. 95–6526 Filed 3–15–95; 8:45 am]

BILLING CODE 4510–26–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD07–93–035]

RIN 2115–AA98

Anchorage Ground; St. Johns River,

Jacksonville, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing

the anchorage grounds for the St. Johns

River, Jacksonville, FL to disestablish

anchorage grounds with poor bottom

holding capabilities and to disestablish

the portions of anchorage grounds

which currently extend into the federal

channel. This change will also clearly

define the anchorage grounds currently

in use in the St. Johns River and will

delete outdated information contained

in the regulation.

EFFECTIVE DATE: April 17, 1995.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander William

Daughdrill, Tel: (904) 232–2648.

SUPPLEMENTARY INFORMATION: On July

15, 1993 the Coast Guard published a

notice of proposed rulemaking in the

Federal Register for these regulations

(58 FR 38102). Interested persons were

requested to submit comments and no

comments were received.

Drafting Information

The drafters of these regulations are

Lieutenant A.J. Varamo, project officer

for the Caption of the Port Jacksonville,

Florida, and Lieutenant J. Losego,

project attorney, Seventh Coast Guard

District Legal Office.

Discussion of Comments

No comments were received for this

regulation during the comment period.

Captain of the Port Jacksonville is

removing the word ‘General’ from 33

CFR Part 110.183(b) (2), (3), and (4).

There is no regulatory definition for the

word, and it is unnecessary.

This regulation is issued pursuant to

33 U.S.C. 471 as set out in the authority

citation for all of Part 110.

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the proposed rulemaking does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this action and

has determined pursuant to Section

2.B.2.e.(34)(f) that this action is

categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

and Environmental Analysis Checklist

are available in the docket for

inspection or copying.

Regulatory Evaluation

This proposal is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has been exempted from review

by the Office of Management and

Budget under that order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT) (44FR 11040;

February 26, 1979). The Coast Guard

expects the economic impact of this

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of DOT is unnecessary. The

proposed anchorage grounds described

in these regulations have been used for

the past three years by the local pilots,

vessel operators and other maritime

interests. This change will assure that

current practices are in accordance with

the regulation.

Since the impact of this proposal is

expected to be minimal, the Coast Guard

certifies that, if adopted, it will not have

a significant economic impact on a

substantial number of small entities.

List of Subjects in 33 CFR Part 110

Anchorage grounds.

Final Regulations

In consideration of the foregoing, Part

110 of Title 33, Code of Federal

Regulations, is amended as follows:

1. The authority citation for Part 110

continues to read as follows:

Authority: 33 U.S.C. 471, 2030, 2035, and

2071; 49 CFR 1.46 and 33 CFR 1.05–1(g).

Section 110.1a and each section listed in

110.1a are also issued under 33 U.S.C. 1223

and 1231.

2. Section 110.183 is revised to read

as follows:

§ 110.183 St. Johns River, Florida.

(a) The anchorage grounds—(1)

Anchorage A. (Upper Anchorage) The

Anchorage is established within the

following coordinates, the area enclosed

by a line starting at the south shore

westerly of the entrance to Miller Creek

at

30°18′43.8′′ N, 081°38′15.0′′ W; thence

to

30°18′52.8′′ N, 081°38′15.0′′ W; thence

to

30°18′47.6′′ N, 081°37′47.6′′ W; thence

to

30°18′55.0′′ N, 081°37′29.0′′ W; thence

to

30°19′06.0′′ N, 081°37′27.0′′ W; thence

to

30°19′06.0′′ N, 081°37′02.0′′ W; thence

to

30°19′01.2′′ N, 081°37′02.0′′ W; thence

returning to the point of beginning.

(2) Anchorage B. (Lower Anchorage)

The Anchorage is established within the

following coordinates, the area enclosed

by a line starting at a point on the

eastern shore of the river at ‘Floral Bluff’

at

30°21′00.0′′ N, 081°36′41.0′′ W; thence

to

30°20′00.0′′ N, 081°37′03.0′′ W; thence

to

30°21′00.0′′ N, 081°37′06.0′′ W; thence

to

30°21′50.0′′ N, 081°36′56.0′′ W; thence

to

30°21′54.0′′ N, 081°36′48.0′′ W; thence

returning to the point of beginning.

(b) The regulations. (1) Except in

cases of emergency or for temporary

anchorage as authorized in the

following subsections, vessels must

have authorization from the Captain of

the Port to anchor in the St. Johns River,

as depicted on NOAA chart 11491,

between the entrance buoy (STJ) and the

Main Street Bridge (latitude 30°19′20′′

N, longitude 81°39′32′′ W).

(2) Anchoring within Anchorage A is

restricted to vessels less than 250 feet in

length.

(3) Anchoring within Anchorage B is

restricted to vessels with a draft of 24

feet or less regardless of length.

(4) Anchorages A and B are temporary

anchorages. Vessels meeting the

applicable restrictions of subsection

(b)(2) or (b)(3) of this section may

anchor for up to 24 hours without a

permit from the Captain of the Port.

Vessels not meeting the applicable

restrictions of subsection (b)(2) or (b)(3)

must obtain authorization from the