[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31427-31434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15051]



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915 and 1926

RIN 1218-AB53


Consolidation of Repetitive Provisions; Technical Amendments

AGENCY: Occupational Safety and Health Administration, Department of 
Labor.

ACTION: Final rule; technical amendments and recodifications.

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SUMMARY: As part of a line-by-line review of its standards, the 
Occupational Safety and Health Administration (OSHA) is consolidating

[[Page 31428]]

repetitious provisions, removing duplicative pages, making corrections, 
and clarifying and reorganizing various sections of its standards in 
the Code of Federal Regulations (CFR). This action is being taken in 
response to a Presidential initiative begun in March 1995 to streamline 
Federal regulatory efforts. In addition, OSHA is removing certain fire 
protection standards from the Safety and Health Regulations for 
Construction that had inadvertently been identified as applicable to 
construction work. The document being published today does not make any 
changes to the substantive requirements of the standards.

EFFECTIVE DATE: June 30, 1996.

FOR FURTHER INFORMATION CONTACT: Ms. Anne Cyr, Office of Information 
and Consumer Affairs, OSHA, U.S. Department of Labor, Room N3647, 200 
Constitution Avenue, N.W., Washington, DC 20210; telephone: (202) 219-
8151.

SUPPLEMENTARY INFORMATION:

I. Background

    In March 1995, the President directed Federal agencies to undertake 
a line-by-line review of their rules and regulations to determine where 
they could be simplified or clarified. OSHA initiated such a review 
and, as a result, completed a document on May 31, 1995, entitled 
``OSHA's Regulatory Reform Initiatives.'' That document delineated 
those rules and regulations that could be deleted or revised to improve 
compliance by employers and, consequently, provide enhanced 
occupational safety and health protection to employees. This regulatory 
improvement process involves revocation of outdated and obsolete 
provisions, consolidation of repetitious provisions, and clarification 
of ambiguous requirements.
    The Agency began the process by issuing a final rule in the Federal 
Register on March 7, 1996 (61 FR 9228), which addressed minor 
clarifications, corrections, and technical amendments to OSHA 
standards. This notice is the second in a series of actions and is 
directed at consolidating repetitious provisions. More specifically, 
instead of repeating identical regulatory text in all three parts of 
the OSHA standards--general industry, shipyard employment, and 
construction standards (parts 1910, 1915, and 1926, respectively), OSHA 
will print the regulatory text that is common to all industries in its 
part 1910 volumes. OSHA has already accomplished this for its 
agricultural standards, which are codified in 29 CFR Part 1928, by 
publishing a Federal Register notice [61 FR 9228; March 7, 1996]. 
Appropriate references will be made in the construction and shipyard 
employment parts of the CFR to direct employers to the appropriate 
section of the part 1910 volumes.
    To assist employers and employees in the construction industry who 
prefer to have a single source that includes all of the standards that 
apply to their work, OSHA will publish a booklet in the near future 
that will contain all of the standards applicable to the construction 
industry.
    The Agency plans to undertake a number of additional regulatory 
reform initiatives. For example, OSHA is developing a proposed rule, 
which will be subject to public notice and comment, to make substantive 
changes in various standards to diminish regulatory burdens without 
reducing worker protections. OSHA also intends to take actions to 
reduce paperwork burdens, rewrite standards in ``plain English,'' and 
simplify its standards.

II. Summary and Explanation of the Changes

    In 1993, OSHA revised its part 1915 (shipyard) and part 1926 
(construction) standards in the Code of Federal Regulations (CFR) by 
adding to part 1915 and part 1926, respectively, those standards 
applicable to shipyards or construction that had formerly only been 
printed in part 1910 of the CFR. The added standards included their own 
part 1915 and part 1926 designations and duplicated all of the 
regulatory text. This nearly doubled the number of CFR pages in part 
1926 and added many CFR pages to part 1915 (see 58 FR 35076; June 30, 
1993, and 58 FR 35512; July 1, 1993). The majority of the standards 
that were duplicated were standards relating to occupational health 
hazards. Most of the general industry standards incorporated through 
this action had long been applied to construction and shipyard 
employments, with only a few exceptions.
    OSHA has found that printing the identical rules in three separate 
parts of its rules and regulations unnecessarily lengthens the CFR. As 
it eliminates these duplications, OSHA will provide taxpayers with a 
cost savings by reducing the number of pages in its CFR parts.
    Most of the changes being made occur in subpart Z of parts 1910, 
1915 and 1926. For example, many of the occupational health standards 
in subpart Z of the general industry standards (part 1910) apply to 
both shipyard employment (part 1915) and the construction industry 
(part 1926). Rather than printing subpart Z standards that applied to 
more than one industry in one place, OSHA printed the same standards in 
each of the three parts of its CFR. This has caused confusion when, for 
example, a construction employer who has projects in construction and 
general industry has employees who are exposed to a given air 
contaminant that is regulated both in subpart Z of the construction 
standards (part 1926) and in subpart Z of the general industry 
standards (part 1910). In such a case, an employer could mistakenly 
believe that two different permissible exposure limits apply to the 
same contaminant, since subpart Z of the construction standards and 
subpart Z of the general industry standards (part 1910) both have a 
limit for the contaminant. In this document, OSHA is eliminating such 
duplicative standards and replacing them with cross references to 
eliminate any possible confusion and to reduce the volume of the rules.
    OSHA is eliminating duplicate health standards from the shipyard 
(part 1915) and construction (part 1926) parts of the CFR and is 
replacing them with cross references to the identical text in subpart Z 
of part 1910. This action does not in any way change the burden on 
employers or lessen employee protection because the same standards will 
continue to apply to shipyard employment and the construction industry.
    For example, the requirements to protect workers from arsenic 
exposure in shipyards and construction are identical to those applying 
to general industry. Consequently, the regulatory text in 
Sec. 1915.1018, the arsenic standard applying to shipyards, and the 
requirements in Sec. 1926.1118, the arsenic standard applying to 
construction, are identical to the regulatory text in Sec. 1910.1018, 
the arsenic standard in general industry.
    The technical amendments issued today will retain the section 
number and heading for the arsenic standard in the shipyard standards 
(Sec. 1915.1018, Inorganic arsenic) and in the construction standards 
(Sec. 1926.1118, Inorganic arsenic) to remind employers searching for 
them of their new location, but will replace the duplicated regulatory 
text with a simple cross reference stating, ``Note: The requirements 
applicable to construction work under this section are identical to 
those set forth at 29 CFR 1910.1018.''
    Where a health standard in subpart Z of the general industry 
standards (1910) differs from the standard addressing the same hazard 
in shipyard employment or in the construction industry, the entire text 
of that health standard will remain

[[Page 31429]]

in the shipyard and construction standards. In other words, where OSHA 
has developed a health standard for shipyards or construction that 
differs substantially from the general industry standard for the same 
hazard, the industry-specific standard will remain in the part of the 
CFR devoted to that industry. For example, in the case of cadmium, the 
regulatory text differs for general industry and construction; 
therefore, the complete regulatory text is printed both at 
Sec. 1910.1017 and at 1926.1127, i.e., in the general industry and 
construction parts, respectively. However, the shipyard standard for 
cadmium, Sec. 1915.1017, is identical to the general industry cadmium 
standard, Sec. 1910.1017. The duplicative regulatory text is being 
deleted from part 1915 and replaced with an appropriate cross reference 
to Sec. 1910.1017. Similarly, appendices A to F of the standard are 
identical for all three parts. Therefore, the duplicative appendices 
are being deleted from part 1915 (shipyards) and part 1926 
(construction). These actions avoid the need to reprint 185 duplicative 
CFR pages.
    Another change being made involves moving two standards currently 
in subpart C of the general industry standards (part 1910) to subpart Z 
of those standards in an effort to locate virtually all of OSHA's 
health standards in one subpart and in one volume of the CFR. OSHA is 
redesignating Sec. 1910.20 (Access to employee exposure and medical 
records) as Sec. 1910.1020 and Sec. 1910.96 (Ionizing radiation) as 
Sec. 1910.1096. This will place virtually all of OSHA's general 
industry health standards in subpart Z of part 1910.
    Another change applies to OSHA's Commercial Diving Standard, which 
is currently codified both in the general industry and the construction 
standards. OSHA has received requests from industry representatives to 
locate the diving standard in one location, preferably in part 1910 
(general industry). Most diving contractors operate in all three 
industry areas (i.e., general industry, construction, and maritime), 
moving from one industry to another to perform their work. The 
Association of Diving Contractors (ADC) members and others, such as 
Seaward Marine Services, Inc., one of the largest diving companies in 
the Nation, have asked OSHA to maintain the requirements for commercial 
diving in part 1910 only. The diving industry reports that multiple 
diving standards are causing confusion in the issuance of diving 
contract specifications. The Diving Standards in Subpart Y of the 
construction standards are identical to the Diving Standards in Subpart 
T of the general industry standards. Rather than repeating the 
standards in both parts, OSHA is removing the regulatory text in its 
entirety from the construction standards and replacing that text with a 
cross reference to the Diving Standard in Subpart T of the general 
industry standards.
    Also, in the shipyard employment standards, OSHA is redesignating 
Sec. 1915.1120--Access to employee exposure and medical records, as 
Sec. 1915.1020. The purpose of this change is, as much as possible, to 
keep the section number designations--in this case .1020--the same for 
each part if a standard addressing the same topic and having the same 
name is codified both in the general industry and shipyard standards. 
OSHA is unable to follow this numbering scheme in the case of the 
construction standards, however, because vacant section numbers are not 
available in the construction industry CFR volume.
    In addition, in the 1993 recodification process described earlier, 
OSHA identified some provisions from its standards in Subpart L of Part 
1910 Fire Protection and Prevention (Sec. 1910.156 to 1910.165) as 
applicable to the construction industry. However, on further 
examination, this was an incorrect identification because OSHA's 
general industry standards for Subpart L state at Sec. 1910.155 Scope, 
application and definitions applicable to this subpart:
    (b) Application. This subpart applies to all employments except for 
maritime, construction, and agriculture.
    This final rule corrects this misidentification by removing the 
text of Secs. 1926.97, 1926.98; 1926.150(c)(1)(xi) to (c)(1)(xiv); and 
1926.156 through 1926.159, all of which were based on requirements in 
Secs. 1910.156 to 1910.165.
    Finally, as stated in the 1993 recodification, OSHA has made every 
effort to identify those standards published in part 1910, General 
Industry, which are most likely to be applicable to shipyard employment 
and construction work. OSHA notes, however, that other standards 
published in part 1910 may, under some circumstances, also be 
applicable.

III. Regulatory Flexibility Certification

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.), as 
amended, requires that the Agency examine regulatory actions to 
determine if they would have a significant economic impact on a 
substantial number of small entities. The modifications being made in 
this final rule do not increase or reduce the regulatory burden on any 
employer, large or small. For that reason, the Agency hereby certifies 
that these changes will not have a significant economic impact on a 
substantial number of small entities.

IV. Exemption From Notice and Comment Procedures

    OSHA finds that there is good cause not to follow procedures for 
public notice and comment set forth in section 6(b) of the Occupational 
Safety and Health Act (29 U.S.C. 655 (b)) or under section 4 of the 
Administrative Procedure Act (5 U.S.C. 553). Notice is unnecessary 
pursuant to 5 U.S.C. 553 (b)(3)(B) because these actions are technical 
amendments that do not affect the substantive requirements or coverage 
of the standards themselves. This removal of duplicative provisions and 
reorganization of standards within the CFR does not modify or revoke 
existing rights or obligations, nor does it establish new ones.
    For the same reasons, OSHA also finds that, in accordance with 29 
CFR 1911.5, good cause exists for dispensing with the public notice and 
comment procedures prescribed in section 6(b) of the Occupational 
Safety and Health Act.
    OSHA also finds for the same reasons that there is good cause for 
an effective date of less than 30 days after publication pursuant to 5 
U.S.C. 553(d) and because the June 30, 1996, effective date will permit 
these changes to be reflected in the 1996 volumes of 29 CFR.

List of Subjects

29 CFR Part 1910

    Occupational safety and health.

29 CFR Part 1915

    Longshore and harbor workers, Occupational safety and health, 
Vessels.

29 CFR Part 1926

    Construction industry, Occupational safety and health.

    Signed at Washington, DC, this 10th day of June 1996.
Joseph A. Dear,
Assistant Secretary of Labor.
    Accordingly, pursuant to sections 4, 6 and 8 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 653, 655 and 657); section 107 
of the Contract Work Hours and Safety Standards Act (Construction 
Safety Act) (40 U.S.C. 333); Sec. 41 of the Longshore and Harbor 
Workers' Compensation Act (33 U.S.C. 941), section 4 of the 
Administrative Procedure Act (5 U.S.C. 553); Secretary of Labor's Order 
1-90 (55 FR 9033); and 29 CFR part 1911, 29 CFR parts 1910, 1915 and 
1926 are amended as set forth below.

[[Page 31430]]

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS


Sec. 1910.20  [Redesignated as Sec. 1910.1020]

    1. Section 1910.20 is redesignated as new Sec. 1910.1020.

Subpart C--[Removed and Reserved]

    2. Subpart C is removed and reserved.

Subpart G--Occupational Health and Environmental Control

    3. The authority citation for subpart G of part 1910 continues to 
read as follows:

    Authority: 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. 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.


Sec. 1910.96  [Redesignated as Sec. 1910.1096]

    4. Section 1910.96 is redesignated as new Sec. 1910.1096.

Subpart Z--Toxic and Hazardous Substances

    5. The authority citation for subpart Z of part 1910 is revised to 
read as follows:

    Authority: 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 No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 
FR 35736), of 1-90 (55 FR 9033), as applicable; and 29 CFR part 
1911.

    All of subpart Z issued under sec. 6(b) of the Occupational 
Safety and Health Act, except those substances that have exposure 
limits listed in Tables Z-1, Z-2, or Z-3 of 29 CFR 1910.1000. The 
latter were issued under sec. 6(a) (29 U.S.C. 655(a)).
    Section 1910.1000, Tables Z-1, Z-2, and Z-3 also issued under 5 
U.S.C. 553. Section 1910.1000, Tables Z-1, Z-2, and Z-3 not issued 
under 29 CFR part 1911 except for the arsenic (organic compounds), 
benzene, and cotton dust listings.
    Section 1910.1001 also issued under section 107 of the Contract 
Work Hours and Safety Standards Act (40 U.S.C. 333) and 5 U.S.C. 
553.
    Section 1910.1002 not issued under 29 U.S.C. 655 or 29 CFR part 
1911; also issued under 5 U.S.C. 553.
    Section 1910.1200 also issued under 5 U.S.C. 553.

    6. In Sec. 1910.1003, the heading is revised to read ``13 
Carcinogens (4-Nitrobiphenyl, etc.).''

PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD 
EMPLOYMENT

    1. The authority citation of 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) or 1-
90 (55 FR 9033), 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. Section 1915.1002 is revised to read as follows:


Sec. 1915.1002 Coal tar pitch volatiles; interpretation of term.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1002 of 
this chapter.


    3. Section 1915.1003 is revised to read as follows:


Sec. 1915.1003  13 carcinogens (4-Nitrobiphenyl, etc.).

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    4. Section 1915.1004 is revised to read as follows:


Sec. 1915.1004  alpha-Naphthylamine.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    5. Section 1915.1006 is revised to read as follows:


Sec. 1915.1006  Methyl chloromethyl ether.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    6. Section 1915.1007 is revised to read as follows:


Sec. 1915.1007  3,3'-Dichlorobenzidiene (and its salts).

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    7. Section 1915.1008 is revised to read as follows:


Sec. 1915.1008  bis-Chloromethyl ether.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    8. Section 1915.1009 is revised to read as follows:


Sec. 1915.1009  beta-Naphthylamine.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    9. Section 1915.1010 is revised to read as follows:


Sec. 1915.1010  Benzidine.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    10. Section 1915.1011 is revised to read as follows:


Sec. 1915.1011  4-Aminodiphenyl.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    11. Section 1915.1012 is revised to read as follows:


Sec. 1915.1012  Ethyleneimine.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    12. Section 1915.1013 is revised to read as follows:


Sec. 1915.1013  beta-Propiolactone.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    13. Section 1915.1014 is revised to read as follows:


Sec. 1915.1014  2-Acetylaminofluorene.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    14. Section 1915.1015 is revised to read as follows:


Sec. 1915.1015  4-Dimethylaminoazobenzene.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    15. Section 1915.1016 is revised to read as follows:


Sec. 1915.1016  N-Nitrosodimethylamine.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    16. Section 1915.1017 is revised to read as follows:


Sec. 1915.1017  Vinyl chloride.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1017 of 
this chapter.

    17. Section 1915.1018 is revised to read as follows:

[[Page 31431]]

Sec. 1915.1018  Inorganic arsenic.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1018 of 
this chapter.

    18. Section 1915.1025 is revised to read as follows:


Sec. 1915.1025  Lead.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1025 of 
this chapter.

    19. Section 1915.1027 is revised to read as follows:


Sec. 1915.1027  Cadmium.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1027 of 
this chapter.

    20. Section 1915.1028 is revised to read as follows:


Sec. 1915.1028  Benzene.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1028 of 
this chapter.

    21. Section 1915.1030 is revised to read as follows:


Sec. 1915.1030  Bloodborne pathogens.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1030 of 
this chapter.

    22. Section 1915.1044 is revised to read as follows:


Sec. 1915.1044  1,2-dibromo-3-chloropropane.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1044 of 
this chapter.

    23. Section 1915.1045 is revised to read as follows:


Sec. 1915.1045  Acrylonitrile.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1045 of 
this chapter.

    24. Section 1915.1047 is revised to read as follows:


Sec. 1915.1047  Ethylene oxide.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1047 of 
this chapter.

    25. Section 1915.1048 is revised to read as follows:


Sec. 1915.1048  Formaldehyde.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1048 of 
this chapter.

    26. Section 1915.1050 is revised to read as follows:


Sec. 1915.1050  Methylenedianiline.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1050 of 
this chapter.


Sec. 1915.1120  [Redesignated as Sec. 1915.1020]

    27. Section 1915.1120 is redesignated as Sec. 1915.1020 and revised 
to read as follows:


Sec. 1915.1020  Access to employee exposure and medical records.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1020 of 
this chapter.

    28. Section 1915.1200 is revised to read as follows:


Sec. 1915.1200  Hazard communication.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1200 of 
this chapter.

    29. Section 1915.1450 is revised to read as follows:


Sec. 1915.1450  Occupational exposure to hazardous chemicals in 
laboratories.

    Note: The requirements applicable to shipyard employment under 
this section are identical to those set forth at Sec. 1910.1450 of 
this chapter.

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

Subpart C--General Safety and Health Provisions

    1. The authority citation for Subpart C of part 1926 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, 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), or 9-83 (48 FR 35736), as applicable.

    2. Section 1926.33 is revised to read as follows:


Sec. 1926.33  Access to employee exposure and medical records.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1020 of 
this chapter.

Subpart D--Occupational Health and Environmental Controls

    3. The general authority citation for subpart D of part 1926 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 No. 12-71 (36 FR 8754), 8-76 (41 FR 
25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as applicable.
* * * * *
    4. In Sec. 1926.53, paragraphs (c) through (r) are removed and 
reserved and a note is added at the end of the section to read as 
follows:


Sec. 1926.53  Ionizing radiation.

* * * * *
    (c) through (r) [Reserved]

    Note: The requirements applicable to construction work under 
paragraphs (c) through (r) of this section are identical to those 
set forth at paragraphs (a) through (p) of Sec. 1910.1096 of this 
chapter.

    5. Section 1926.59 is revised to read as follows:


Sec. 1926.59  Hazard communication.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1200 of 
this chapter.

    6. In Sec. 1926.60, Appendix A is revised to read as follows:


Sec. 1926.60  Methylenedianiline.

* * * * *

Appendix A to Sec. 1926.60--Substance Data Sheet, for 4-4' 
Methylenedianiline

    Note: The requirements applicable to construction work under 
this Appendix A are identical to those set forth in Appendix A to 
Sec. 1910.1050 of this chapter.
* * * * *
    7. In Sec. 1926.60, Appendix B is revised to read as follows:
* * * * *

Appendix B to Sec. 1926.60--Substance Technical Guidelines, MDA

    Note: The requirements applicable to construction work under 
this Appendix B are identical to those set forth in Appendix B to 
Sec. 1910.1050 of this chapter.

* * * * *
    8. In Sec. 1926.60, Appendix C is revised to read as follows:
* * * * *

Appendix C to Sec. 1926.60--Medical Surveillance Guidelines for MDA

    Note: The requirements applicable to construction work under 
this Appendix C are identical to those set forth in Appendix C to 
Sec. 1910.1050 of this chapter.
* * * * *
    9. In Sec. 1926.60, Appendix D is revised to read as follows:
* * * * *

[[Page 31432]]

Appendix D to Sec. 1926.60--Sampling and Analytical Methods for MDA 
Monitoring and Measurement Procedures

    Note: The requirements applicable to construction work under 
this Appendix D are identical to those set forth in Appendix D to 
Sec. 1910.1050 of this chapter.
* * * * *
    10. In Sec. 1926.60, Appendix E is revised to read as follows:
* * * * *

Appendix E to Sec. 1926.60--Qualitative and Quantitative Fit Testing 
Procedures

    Note: The requirements applicable to construction work under 
this Appendix E are identical to those set forth in Appendix E to 
Sec. 1910.1050 of this chapter.

    11. Section 1926.61 is revised to read as follows:


Sec. 1926.61  Retention of DOT markings, placards and labels.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1201 of 
this chapter.

Subpart E--Personal Protective and Lifesaving Equipment

    12. The authority citation for subpart E of part 1926 continues 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 No. 12-71 (36 FR 8754), 8-76 (41 FR 
25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as applicable; and 
29 CFR part 1911.


Sec. 1926.97 and 1926.98  [Removed and Reserved]

    14. Sections 1926.97 and 1926.98 are removed and reserved.

Subpart F--Fire Protection and Prevention

    15. The authority citation for subpart F of part 1926 continues 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, 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), or 9-83 (48 FR 35736), as applicable.


Sec. 1926.150  [Amended]

    16. In Sec. 1926.150, paragraphs (c)(1)(xi) through (c)(1)(xiv) are 
removed.


Secs. 1926.156 through 1926.159  [Removed]

    17. The undesignated centerheadings preceding Secs. 1926.156 and 
1926.158 and Secs. 1926.156 through 1926.159 are removed.

Subpart Y--Diving

    18. The authority citation of subpart Y of part 1926 continues to 
read as follows:

    Authority: Sections 4, 6, and 8, Occupational Safety and Health 
Act of 1970 (29 U.S.C. 653, 655, 657); sec. 107, Contract Work Hours 
and Safety Standards Act (the Construction Safety Act) (40 U.S.C. 
333); sec. 41, Longshore and Harbor Workers' Compensation Act (33 
U.S.C. 941); 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.

    19. Section 1926.1071 is revised to read as follows:


Sec. 1926.1071  Scope and application.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.401 of 
this chapter.

    20. Section 1926.1072 is revised to read as follows:


Sec. 1926.1072  Definitions.

    Note: The provisions applicable to construction work under this 
section are identical to those set forth at Sec. 1910.402 of this 
chapter.

    21. Section 1926.1076 is revised to read as follows:


Sec. 1926.1076  Qualifications of dive team.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.410 of 
this chapter.

    22. Section 1926.1080 is revised to read as follows:


Sec. 1926.1080  Safe practices manual.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.420 of 
this chapter.

    23. Section 1926.1081 is revised to read as follows:


Sec. 1926.1081  Pre-dive procedures.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.421 of 
this chapter.

    24. Section 1926.1082 is revised to read as follows:

Sec. 1926.1082  Procedures during dive.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.422 of 
this chapter.

    25. Section 1926.1083 is revised to read as follows:


Sec. 1926.1083  Post-dive procedures.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.423 of 
this chapter.

    26. Section 1926.1084 is revised to read as follows:

Sec. 1926.1084  SCUBA diving.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.424 of 
this chapter.

    27. Section 1926.1085 is revised to read as follows:


Sec. 1926.1085  Surface-supplied air diving.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.425 of 
this chapter.

    28. Section 1926.1086 is revised to read as follows:


Sec. 1926.1086  Mixed-gas diving.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.426 of 
this chapter.

    29. Section 1926.1087 is revised to read as follows:


Sec. 1926.1087  Liveboating.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.427 of 
this chapter.

    30. Section 1926.1090 is revised to read as follows:


Sec. 1926.1090  Equipment.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.430 of 
this chapter.

    31. Section 1926.1091 is revised to read as follows:


Sec. 1926.1091  Recordkeeping requirements.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.440 of 
this chapter.

    32. Section 1926.1092 is revised to read as follows:


Sec. 1926.1092  Effective date.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.441 of 
this chapter.

    33. Appendix A to Subpart Y is revised to read as follows:

Appendix A to Subpart Y--Examples of Conditions Which May Restrict or 
Limit Exposure to Hyperbaric Conditions

    Note: The requirements applicable to construction work under 
this appendix A are identical to those set forth at Appendix A to 
Subpart T of part 1910 of this chapter.


[[Page 31433]]


    34. Appendix B to Subpart Y is revised to read as follows:

Appendix B to Subpart Y--Guidelines for Scientific Diving

    Note: The requirements applicable to construction work under 
this appendix B are identical to those set forth at Appendix B to 
Subpart T of part 1910 of this chapter.

Subpart Z--Toxic and Hazardous Substances

    35. The authority citation for subpart Z of part 1926 is revised to 
read as follows:

    Authority: Sections 4, 6 and 8, Occupational Safety and Health 
Act of 1970 (29 U.S.C. 653, 655 and 657); Secretary of Labor's Order 
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 1-90 (55 FR 9033), 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.

    36. Section 1926.1102 is revised to read as follows:


Sec. 1926.1102  Coal tar pitch volatiles; interpretation of term.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1002 of 
this chapter.

    37. Section 1926.1103 is revised to read as follows:


Sec. 1926.1103  13 carcinogens (4-Nitrobiphenyl, etc.).

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    38. Section 1926.1104 is revised to read as follows:


Sec. 1926.1104  alpha-Naphthylamine.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    39. Section 1926.1106 is revised to read as follows:


Sec. 1926.1106  Methyl chloromethyl ether.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    40. Section 1926.1107 is revised to read as follows:


Sec. 1926.1107  3,3'-Dichlorobenzidiene (and its salts).

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    41. Section 1926.1108 is revised to read as follows:


Sec. 1926.1108  bis-Chloromethyl ether.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    42. Section 1926.1109 is revised to read as follows:


Sec. 1926.1109  beta-Naphthylamine.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    43. Section 1926.1110 is revised to read as follows:


Sec. 1926.1110  Benzidine.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    44. Section 1926.1111 is revised to read as follows:


Sec. 1926.1111  4-Aminodiphenyl.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    45. Section 1926.1112 is revised to read as follows:


Sec. 1926.1112  Ethyleneimine.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    46. Section 1926.1113 is revised to read as follows:


Sec. 1926.1113  beta-Propiolactone.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    47. Section 1926.1114 is revised to read as follows:


Sec. 1926.1114  2-Acetylaminofluorene.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    48. Section 1926.1115 is revised to read as follows:


Sec. 1926.1115  4-Dimethylaminoazobenzene.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    49. Section 1926.1116 is revised to read as follows:


Sec. 1926.1116  N-Nitrosodimethylamine.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1003 of 
this chapter.

    50. Section 1926.1117 is revised to read as follows:


Sec. 1926.1117  Vinyl chloride.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1017 of 
this chapter.

    51. Section 1926.1118 is revised to read as follows:


Sec. 1926.1118  Inorganic arsenic.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1018 of 
this chapter.

    52. In Sec. 1926.1127, Appendix A is revised to read as follows:


Sec. 1926.1127  Cadmium.

* * * * *

Appendix A to Sec. 1926.1127--Substance Safety Data Sheet

    Note: The requirements applicable to construction work under 
this Appendix A are identical to those set forth in Appendix A to 
Sec. 1910.1027 of this chapter.
* * * * *
    53. In Sec. 1926.1127, Appendix B is revised to read as follows:
* * * * *

Appendix B to Sec. 1926.1127--Substance Technical Guidelines for 
Cadmium

    Note: The requirements applicable to construction work under 
this Appendix B are identical to those set forth in Appendix B to 
Sec. 1910.1027 of this chapter.
* * * * *
    54. In Sec. 1926.1127, Appendix C is revised to read as follows:
* * * * *

Appendix C to Sec. 1926.1127--Qualitative and Quantitative Fit Testing 
Procedures

    Note: The requirements applicable to construction work under 
this Appendix C are identical to those set forth in Appendix C to 
Sec. 1910.1027 of this chapter.
* * * * *
    55. In Sec. 1926.1127, Appendix D is revised to read as follows:
* * * * *

Appendix D to Sec. 1926.1127--Occupational Health History Interview 
With Reference to Cadmium Exposure

    Note: The requirements applicable to construction work under 
this Appendix D are identical to those set forth in Appendix D to 
Sec. 1910.1027 of this chapter.
* * * * *
    56. In Sec. 1926.1127, Appendix E is revised to read as follows:
* * * * *

[[Page 31434]]

Appendix E to Sec. 1926.1127--Cadmium in Workplace Atmospheres

    Note: The requirements applicable to construction work under 
this Appendix E are identical to those set forth in Appendix E to 
Sec. 1910.1027 of this chapter.
* * * * *
    57. In Sec. 1926.1127, Appendix F is revised to read as follows:
* * * * *

Appendix F to Sec. 1926.1127--Nonmandatory Protocol for Biological 
Monitoring

    Note: The requirements applicable to construction work under 
this Appendix F are identical to those set forth in Appendix F to 
Sec. 1910.1027 of this chapter.

    58. Section 1926.1128 is revised to read as follows:


Sec. 1926.1128  Benzene.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1028 of 
this chapter.

    59. Section 1926.1129 is revised to read as follows:


Sec. 1926.1129  Coke oven emissions.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1029 of 
this chapter.

    60. Section 1926.1144 is revised to read as follows:


Sec. 1926.1144  1,2-dibromo-3-chloropropane.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1044 of 
this chapter.

    61. Section 1926.1145 is revised to read as follows:


Sec. 1926.1145  Acrylonitrile.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1045 of 
this chapter.

    62. Section 1926.1147 is revised to read as follows:


Sec. 1926.1147  Ethylene oxide.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1047 of 
this chapter.

    63. Section 1926.1148 is revised to read as follows:


Sec. 1926.1148  Formaldehyde.

    Note: The requirements applicable to construction work under 
this section are identical to those set forth at Sec. 1910.1048 of 
this chapter.

[FR Doc. 96-15051 Filed 6-19-96; 8:45 am]
BILLING CODE 4510-26-P