62874 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices 

Department of Justice, a proposed form 

of written notification to be provided to 

Acquiring Banks for distribution to 

Merchants: 

a. describing the Rules changes each 

made pursuant to this Final Judgment; 

and 

b. informing Merchants that they are 

permitted to engage in any of the 

practices enumerated in Sections IV.A.1 

through IV.A.8 of this Final Judgment. 

Within five business days after 

receiving the approval of the 

Department of Justice, the Defendant 

shall direct its Acquiring Banks to 

furnish to each of the Merchants in the 

United States with which the Acquiring 

Banks have entered an agreement to 

accept the Defendant’s General Purpose 

Cards as payment for goods or services 

(i) a paper or electronic copy of the 

approved notification and (ii) a paper or 

electronic copy of this Final Judgment 

(or an Internet link to this Final 

Judgment). MasterCard and Visa shall 

direct the Acquiring Banks to provide 

such information in their next billing 

statement or within thirty days of their 

receipt of MasterCard’s or Visa’s 

direction, whichever is shorter. 

2. Within five business days after 

entry of this Final Judgment, 

MasterCard and Visa shall each adopt a 

Rule forbidding its Acquiring Banks 

from adopting, maintaining, or 

enforcing Rules with respect to 

MasterCard or Visa General Purpose 

Cards that the Defendant would be 

prohibited from adopting, maintaining, 

or enforcing pursuant to Section IV of 

this Final Judgment. 

F. MasterCard and Visa shall each 

notify the Department of Justice and the 

Plaintiff States, within five business 

days of such adoption or modification, 

if it adopts a new Rule that limits or 

restrains, or modifies an existing Rule in 

a manner that limits or restrains how 

Merchants accept, process, promote, or 

encourage use of Forms of Payment 

other than General Purpose Cards or of 

General Purpose Cards bearing the 

Brand of another General Purpose Card 

Network. 

VI. Compliance Inspection 

I. For purposes of determining or 

securing compliance with this Final 

Judgment, or of determining whether 

the Final Judgment should be modified 

or vacated, and subject to any legally 

recognized privilege, from time to time 

duly authorized representatives of the 

Department of Justice, including 

consultants and other persons retained 

by the Department of Justice, shall, 

upon written request of an authorized 

representative of the Assistant Attorney 

General in charge of the Antitrust 

Division, and on reasonable notice to 

MasterCard or Visa, be permitted: 

A. access during the Defendant’s 

office hours to inspect and copy, or at 

the option of the United States, to 

require the Defendant to provide to the 

United States and the Plaintiff States 

hard copy or electronic copies of, all 

books, ledgers, accounts, records, data, 

and documents in the possession, 

custody, or control of the Defendant, 

relating to any matters contained in this 

Final Judgment; and 

B. to interview, either informally or 

on the record, the Defendant’s officers, 

employees, or agents, who may have 

their individual counsel present, 

regarding such matters. The interviews 

shall be subject to the reasonable 

convenience of the interviewee and 

without restraint or interference by the 

Defendant. 

II. Upon the written request of an 

authorized representative of the 

Assistant Attorney General in charge of 

the Antitrust Division, MasterCard and/ 

or Visa shall submit written reports or 

respond to written interrogatories, 

under oath if requested, relating to any 

of the matters contained in this Final 

Judgment as may be requested. Written 

reports authorized under this paragraph 

may, at the sole discretion of the United 

States, require a Defendant to conduct, 

at its cost, an independent audit or 

analysis relating to any of the matters 

contained in this Final Judgment. 

III. No information or documents 

obtained by the means provided in this 

section shall be divulged by the United 

States to any person other than an 

authorized representative of (i) the 

executive branch of the United States or 

(ii) the Plaintiff States, except in the 

course of legal proceedings to which the 

United States is a party (including grand 

jury proceedings), or for the purpose of 

securing compliance with this Final 

Judgment, or as otherwise required by 

law. 

IV. If at the time information or 

documents are furnished by a Defendant 

to the United States and the Plaintiff 

States, the Defendant represents and 

identifies in writing the material in any 

such information or documents to 

which a claim of protection may be 

asserted under Rule 26(c)(1)(G) of the 

Federal Rules of Civil Procedure, and 

the Defendant marks each pertinent 

page of such material, ‘‘Subject to claim 

of protection under Rule 26(c)(1)(G) of 

the Federal Rules of Civil Procedure,’’ 

then the United States and Plaintiff 

States shall give the Defendant ten (10) 

calendar days notice prior to divulging 

such material in any legal proceeding 

(other than a grand jury proceeding). 

VII. Retention of Jurisdiction 

This Court retains jurisdiction to 

enable any party to this Final Judgment 

to apply to this Court at any time for 

further orders and directions as may be 

necessary or appropriate to carry out or 

construe this Final Judgment, to modify 

any of its provisions, to enforce 

compliance, and to punish violations of 

its provisions. 

VIII. No Limitation on Government 

Rights 

Nothing in this Final Judgment shall 

limit the right of the United States or of 

the Plaintiff States to investigate and 

bring actions to prevent or restrain 

violations of the antitrust laws 

concerning any Rule of MasterCard or 

Visa, including any current Rule and 

any Rule adopted in the future. 

IX. Expiration of Final Judgment 

Unless this Court grants an extension, 

this Final Judgment shall expire ten 

years from the date of its entry. 

X. Public Interest Determination 

Entry of this Final Judgment is in the 

public interest. The parties have 

complied with the requirements of the 

Antitrust Procedures and Penalties Act, 

15 U.S.C. 16, including making copies 

available to the public of this Final 

Judgment, the Competitive Impact 

Statement, and any comments thereon 

and the United States’ responses to 

comments. Based upon the record 

before the Court, which includes the 

Competitive Impact Statement and any 

comments and response to comments 

filed with the Court, entry of this Final 

Judgment is in the public interest. 

Court approval subject to procedures 

set forth in the Antitrust Procedures and 

Penalties Act, 15 U.S.C. 16. 

Date: llllllllllllllllll

lllllllllllllllllllll

United States District Judge 

[FR Doc. 2010–25655 Filed 10–12–10; 8:45 am] 

BILLING CODE 4410–11–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2010–0011] 

Keystone Steel and Wire Company; 

Grant of a Permanent Variance 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Department of 

Labor. 

ACTION: Notice of a grant of a permanent 

variance. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices 62875 

1This address also is the place of employment 

described in the application. 

2The facility has local exhaust ventilation on the 

furnaces, and a canopy hood for the entire melt 

shop that captures most of the fugitive emissions. 

SUMMARY: This notice announces the 

grant of a permanent variance to 

Keystone Steel and Wire Company. The 

permanent variance addresses the 

provisions that regulate occupational 

exposure to lead and arsenic, 

specifically paragraph (h)(2)(i) of 29 

CFR 1910.1025 and paragraph (k)(2) of 

29 CFR 1910.1018. These provisions 

prohibit the use of compressed air to 

clean floors and other surfaces where 

lead and arsenic particulates 

accumulate. As an alternative to 

complying with these provisions, 

Keystone Steel and Wire Company may 

instead comply with the conditions 

listed in this grant; these alternative 

conditions regulate the use of 

compressed air in combination with a 

vacuum-containment system to remove 

particulates containing lead and arsenic 

from inside crane-motor housings 

during periodic maintenance 

operations. Accordingly, OSHA finds 

that these alternative conditions protect 

workers at least as well as the 

requirements specified by 29 CFR 

1910.1025(h)(2)(i) and 29 CFR 

1910.1018(k)(2). This permanent 

variance applies only in Federal OSHA 

enforcement jurisdictions. 

DATES: The effective date of the 

permanent variance is October 13, 2010. 

FOR FURTHER INFORMATION CONTACT: 

General information and press inquiries. 

For general information and press 

inquiries about this notice, contact 

MaryAnn Garrahan, Acting Director, 

OSHA Office of Communications, Room 

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

Constitution Avenue, NW., Washington, 

DC 20210; telephone: (202) 693–1999. 

Technical information. For technical 

information about this notice, contact 

Stefan Weisz, Office of Technical 

Programs and Coordination Activities, 

Room N–3655, OSHA, U.S. Department 

of Labor, 200 Constitution Avenue, 

NW., Washington, DC 20210; telephone: 

(202) 693–2110; fax: (202) 693–1644. 

Copies of this Federal Register 

notice. Electronic copies of this notice 

are available at http:// 

www.regulations.gov. Electronic copies 

of this notice, as well as news releases 

and other relevant information, are 

available on OSHA’s Web site at 

http://www.osha.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Keystone Steel and Wire Company 

(hereafter, ‘‘KSW’’), 7000 S. Adams 

Street, Peoria, IL 61641,1 submitted an 

application for a permanent variance 

under Section 6(d) of the Occupational 

Safety and Health Act of 1970 (‘‘OSH 

Act’’; 29 U.S.C. 655) and 29 CFR 1905.11 

(‘‘Variances and other relief under 

section 6(d)’’) for a permanent variance, 

and for an interim order pending a 

decision on the application for a 

variance, from the safety standards 

prescribed in 29 CFR 1910.1025(h)(2)(i) 

and 29 CFR 1910.1018(k)(2). The 

Agency published KSW’s variance 

application and a grant for an interim 

order in the Federal Register on July 1, 

2010 (75 FR 38130). 

KSW operates a melt shop where it 

processes scrap steel into a molten state. 

The equipment used to accomplish the 

melting process consists of: an electricarc furnace, which uses an electric arc 

generated from electrodes to melt the 

scrap steel; and a ladle metallurgy 

furnace, which uses electrodes to 

maintain the molten steel at a constant 

temperature to produce the proper 

consistency of steel. The melting 

process requires the use of two overhead 

cranes to haul the scrap to the furnaces, 

and to transport the molten steel for 

further processing. Ten large, directcurrent electric motors power each 

crane. 

During the melting process, fugitive 

emissions containing trace amounts of 

lead and arsenic accumulate inside the 

motor housings of the overhead cranes.2

To prevent electric arcing, KSW must 

remove the accumulated particulates 

from inside the crane-motor housings. 

To accomplish this task, KSW uses 

compressed air supplemented by a 

vacuum-containment system. 

As an alternative to complying with 

the housekeeping requirements 

specified by 29 CFR 1910.1025(h)(2)(i) 

and 29 CFR 1910.1018(k)(2), KSW 

proposed to adopt an alternative means 

of compliance that consists, in part, of 

a compressed-air vacuum-containment 

(CAVC) system mounted on a truck. A 

worker begins the crane-motor cleaning 

operation by inserting the nozzle of the 

compressed-air gun into an opening in 

the housing, then triggers the 

compressed air. The vacuumcontainment system, which the worker 

activates prior to beginning the motorcleaning operation, generates exhaust 

airflow inside the crane-motor housing. 

The vacuum, delivered through a hose, 

has an exhaust volume of 5,000 cubic 

feet per minute, and collects the lead 

and arsenic particulates that the worker 

removes with compressed air from the 

interior components of the crane motor. 

The system then deposits the 

particulates in a hopper, also mounted 

on the truck. 

KSW designed a flanged end that fits 

over an opening in a housing that covers 

each crane motor. The vacuum hose is 

connected to, and is supported by, this 

flange. Thus, the combination of the 

housing, flanged end, compressed air, 

and the vacuum-containment system 

captures most of the fugitive 

particulates released during the motorcleaning operation, thereby reducing 

worker exposure to airborne lead and 

arsenic. 

In support of its variance application, 

KSW submitted the following data and 

information demonstrating the 

effectiveness of the alternative means of 

compliance: 

1. KSW administered several rounds 

of personal-exposure monitoring to 

workers who used compressed air while 

cleaning the crane motors. The results 

for the last two rounds of sampling for 

both lead and arsenic were below the 

action levels for these substances. 

2. KSW performed several rounds of 

medical surveillance, including 

biological monitoring for blood lead and 

zinc protoporphyrin concentrations, on 

workers who cleaned crane motors. 

Blood-lead monitoring results were well 

below the allowable concentration of 

40 μg lead/100 g whole blood. 

3. KSW developed and implemented 

a Respiratory Protection Program 

designed to meet the requirements 

specified by 29 CFR 1910.134, 29 CFR 

1910.1025(f), and 29 CFR 1910.1018(h). 

4. KSW developed and implemented 

an Arsenic, Lead, & Cadmium Control 

Program to meet the requirements 

specified by 29 CFR 1910.1018, 29 CFR 

1910.1025, and 29 CFR 1910.1027, 

respectively. 

5. KSW developed and implemented 

a Safe Job Procedure incorporating key 

elements of a job-hazard analysis. This 

document provides affected workers 

with a description of the steps required 

to complete the cleaning task, and the 

hazards associated with, and control 

methods used for, each of these steps 

(e.g., using vacuum exhaust in 

conjunction with compressed air, the 

type of protective clothing and other 

PPE to wear). 

6. KSW developed and implemented 

a program to instruct affected workers 

about the hazards associated with 

performing motor-cleaning operations, 

and the hazard controls used while 

performing these operations. 

In addition to the CACV, KSW 

proposed to include the following 

conditions in its alternative means of 

compliance: 

mstockstill on DSKH9S0YB1PROD with NOTICES

62876 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices 

3Examples of the equipment or components 

listed on the checklist include: air compressors; 

pressure regulators; gages; compressed-air hoses; 

nozzle-pressure reducer; crane-motor enclosures; 

flanges; vacuum-system operations, including the 

HEPA filtration system and replacement of used 

filters; vacuum hoses; and electric outlets and 

extension cords used during the cleaning process. 

Engineering Controls and Related 

Conditions 

1. Implement engineering controls 

(i.e., a compressed-air vacuumcontainment (CAVC) system) that 

maintain negative pressure inside the 

housing enclosing each crane motor 

when using compressed air to clean 

crane motors; this condition ensures 

that the exhaust airflow leaving the 

enclosure exceeds the inflow of 

compressed air by maintaining the 

volume of compressed air below 5,000 

cubic feet per minute. This condition 

effectively prevents escape of lead and 

arsenic particulates from the cranemotor housing. 

2. To prevent the spread and 

recirculation of captured lead and 

arsenic particulates from the vacuum 

truck, ensure that: (a) The exhaust air in 

the CVAC system passes through a highefficiency particulate air (HEPA) 

filtration system prior to discharge; and 

(b) this filtered exhaust does not reenter 

the work areas inside the plant. 

3. Ensure the continued effectiveness 

of the alternative means of compliance 

by: (a) Performing a pre-use or yearly 

inspection (whichever occurs more 

frequently) of all equipment and 

components used in the cleaning 

operations; 3 (b) documenting such 

inspections using a checklist; (c) 

replacing or repairing all defective parts 

and components; and (d) maintaining 

records of inspections and corrective 

actions. This condition ensures that the 

equipment performs continuously at 

optimum effectiveness, thereby 

minimizing release of lead and arsenic 

particulates into the ambient 

atmosphere during the crane motorcleaning operation. 

4. Before implementing revisions to 

the motor-cleaning process, modify the 

Safe Job Procedure accordingly, and 

inform affected workers of the 

modifications. This condition promptly 

informs and updates workers 

performing the crane motor-cleaning 

operation of revisions to work 

procedures and safety practices, thereby 

reducing the possibility that they could 

compromise the effectiveness of the 

CACV system and other protective 

measures. 

Exposure Monitoring 

5. Perform personal-exposure 

monitoring (i.e., Breathing-zone 

sampling) of the workers for lead and 

arsenic particulates during the entire 

period they use compressed air to clean 

crane motors. For multiple crane motorcleaning operations during the same 

maintenance cycle, perform such 

monitoring on at least two operations 

that are representative of exposures for 

all affected workers performing cleaning 

operations during the cycle. This 

condition allows KSW to monitor 

worker exposure to lead and arsenic 

particulates outside the crane-motor 

housing during the cleaning operation. 

KSW would use these monitoring 

results to determine the effectiveness of 

the CACV system, and to take corrective 

action if exposures are at or above the 

action levels for lead or arsenic. 

6. Conduct breathing-zone sampling 

of affected workers for the entire work 

day (full shift) on days when workers 

use compressed air to clean crane 

motors. The full-shift sampling must 

include a separate sampling for the 

crane motor-cleaning operation, and a 

separate sampling for the portion of the 

shift that does not involve motor 

cleaning. This condition would assist 

KSW in identifying the source of 

elevated exposures (i.e., at or above the 

action level) that occur during the shift 

so that it can correct or implement 

appropriate exposure-control measures 

to reduce worker exposures below the 

action levels for lead and arsenic. 

7. Ensure that results for the two most 

recent rounds of full-shift sampling 

remain below the action levels for 

arsenic and lead. This condition ensures 

that KSW can maintain worker exposure 

levels below the action levels for lead 

and arsenic, thereby providing them 

with a safe and healthful workplace. 

8. Submit the breathing-zone samples 

for lead and arsenic particulates to an 

analytical laboratory that meets and 

complies with the certification criteria 

of the American Industrial Hygiene 

Association’s Industrial Hygiene 

Proficiency Analytical Testing Program. 

This condition provides assurance that 

the laboratory is performing the testing 

of breathing-zone samples in accordance 

with recognized analytical standards to 

maintain the accuracy, reliability, and 

reproducibility of the sampling results. 

Accurate, reliable, and reproducible 

sampling results ensure that worker 

exposure determinations are valid. 

Biological Monitoring 

9. Within 30 calendar days after 

workers perform a motor-cleaning 

operation, conduct biological 

monitoring for blood-lead and zincprotoporphyrin concentrations on every 

worker involved in that motor-cleaning 

operation. Blood-lead sample analysis 

must be performed by a laboratory 

licensed by the U.S. Centers for Disease 

Control and Prevention (CDC), or a 

laboratory that obtained a satisfactory 

grade in blood-lead proficiency testing 

from CDC within the prior 12 months 

and has an accuracy (to a confidence 

level of 95 percent) within ±15 percent 

or 6 μg/100 ml, whichever is greater. 

This condition provides information (in 

addition to exposure monitoring) 

regarding worker exposure to lead 

particulates while involved in the crane 

motor-cleaning operation, and 

demonstrates the effectiveness of the 

alternative means of compliance. This 

condition also provides assurance that 

the laboratory is performing the analysis 

of blood-lead samples in accordance 

with recognized analytical standards to 

maintain the accuracy, reliability, and 

reproducibility of the sampling results. 

10. Ensure that blood-lead results 

remain at or below 40 μg lead/100 g 

whole blood. This condition 

supplements other conditions in 

providing information on the 

effectiveness of the alternative means of 

compliance, in addition to signaling the 

need to remove affected workers from 

the crane motor-cleaning operations in 

accordance with 29 CFR 1910.1025(k) 

should the blood-lead results exceed 40 

μg lead/100 g whole blood. 

11. Whenever KSW assigns a new 

worker to perform the crane motorcleaning operation, conduct biological 

monitoring of the worker prior to the 

worker beginning the cleaning 

operation. This condition establishes a 

baseline blood-lead level against which 

to compare subsequent biological 

samples and, thereby, assess the 

effectiveness of the alternative means of 

compliance. 

12. KSW will not assign any worker 

to the crane motor-cleaning operation 

who declines to undergo the biologicalmonitoring procedures. This condition 

prevents worker exposure to the motorcleaning operation without the benefit 

of biological monitoring to assess overexposure to lead particulates. 

Notifications 

13. Provide written notification to 

affected workers of the results of their 

individual personal-exposure and 

biological-monitoring results in 

accordance with the requirements of the 

arsenic and lead standards (29 CFR 

1910.1018(e)(5), 29 CFR 

1910.1018(n)(6)(iii), 29 CFR 

1910.1025(d)(8) and 29 CFR 

1910.1025(j)(3)(v)(A)(4)) within 15 

working days from receipt of the results. 

The information provided to the 

affected workers will enable them to 

assess the effectiveness of the 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices 62877 

4As described by KSW’s Arsenic, Lead, & 

Cadmium Control Program (see Exhibit 19). 

5The term ‘‘meets’’ means that the Respiratory 

Protection Program must meet the requirements of 

29 CFR 1910.134 and 29 CFR 1910.1025(f), not that 

OSHA determined that the program meets these 

requirements. 

6Examples of safe-work practices include use of 

personal-protective equipment (including 

respirators, gloves, protective clothing) as defined 

by (a) KSW’s Respiratory Protection Program; (b) 

provisions of KSW’s Arsenic, Lead, & Cadmium 

Control Program; and (c) provisions of KSW’s Safe 

Job Procedure. 

7For example, § 1910.1025(n)(1)(iii) and (n)(2)(iv) 

require employers to retain lead exposuremonitoring records and medical records for at least 

40 years or for the duration of employment plus 20 

years, whichever is longer. 

alternative means of compliance, i.e., 

the adequacy of existing controls or the 

need for additional controls. 

14. Whenever (a) personal-exposure 

monitoring results are at or above the 

action levels for lead (30 μg/m3) or 

arsenic (5 μg/m3), or (b) blood-lead 

monitoring results are above 20 μg lead/ 

100 g whole blood, provide these results 

to OSHA’s Peoria, IL, Area Office, 

OSHA’s Chicago, IL, Regional Office, 

and OSHA’s Office of Technical 

Programs and Coordination Activities 

within 15 working days of receiving the 

results, along with a written plan 

describing how KSW will reduce 

exposure levels or blood-lead levels. 

This condition will ensure that OSHA 

remains informed regarding the 

effectiveness of the alternative means of 

compliance, and will provide OSHA 

with an opportunity to assess KSW’s 

plan to reduce exposures to lead and 

arsenic below the action levels for these 

substances. Under this condition, OSHA 

also can evaluate KSW’s progress in 

restoring the effectiveness of the 

alternative means of compliance, and, if 

necessary, revise the conditions or 

revoke the variance should KSW not 

attain exposure levels below the action 

levels in a timely manner. 

15. At least 15 calendar days prior to 

commencing any operation that 

involves using compressed air to clean 

crane motors, inform OSHA’s Peoria, IL, 

Area Office and OSHA’s Chicago, IL, 

Regional Office of the date and time the 

operation will commence. This 

condition provides OSHA with an 

opportunity to conduct on-site 

assessments of KSW’s compliance with 

the conditions of the variance, and to 

ascertain directly the effectiveness of 

the alternative means of compliance. 

16. Notify in writing OSHA’s Office of 

Technical Programs and Coordination 

Activities as soon as KSW knows that it 

will: (a) Cease to do business; or (b) 

transfer the activities covered by the 

variance to a successor company. This 

condition allows OSHA to determine 

whether to revoke the variance or 

transfer the variance to the successor 

company. 

Training 

17. Implement the worker-training 

programs described in 29 CFR 

1910.1018(o) and 29 CFR 1910.1025(l), 

including: (a) Initial training of new 

workers prior to their beginning a crane 

motor-cleaning operation; (b) yearly 

refresher training of all other workers 

involved in crane motor-cleaning 

operations; (c) documentation of this 

training; and (d) maintenance of the 

training records.4 This condition 

ensures that workers are knowledgeable 

regarding the hazards and 

corresponding hazard-control measures 

KSW implements to prevent worker 

exposure to harmful levels of airborne 

lead and arsenic particulates while 

engaged in the crane motor-cleaning. 

Training also provides workers with 

information necessary for them to assess 

KSW’s compliance with the conditions 

of the variance and the effectiveness of 

the alternative means of compliance. 

Miscellaneous Program Conditions 

18. Implement the: (a) Respiratory 

Protection Program that meets 5 the 

requirements specified by 29 CFR 

1910.134, 29 CFR 1910.1025(f), and 29 

CFR 1910.1018(h); (b) provisions of 

KSW’s Arsenic, Lead, & Cadmium 

Control Program; and (c) provisions of 

the Safe Job Procedure. This condition 

ensures that KSW will implement the 

programs and associated safe-work 

practices that prevent worker exposure 

to harmful levels of airborne lead and 

arsenic particulates while engaged in 

crane motor-cleaning operations, which 

are necessary for the continued 

effectiveness of the alternative means of 

compliance. 

Monitoring Work Practices 

19. Ensure that supervisors observe 

and enforce applicable safe-work 

practices 6 while workers are cleaning 

crane motors, document these 

supervisor observations and 

enforcement activities, and maintain 

these records. This condition ensures 

that affected workers implement the 

required safe-work practices during 

crane-motors cleaning operations. This 

condition will permit OSHA, KSW 

managers, workers, and worker 

representatives to assess compliance 

with the conditions of the variance and, 

therefore, determine the effectiveness of 

the alternative means of compliance. 

Record Retention and Availability 

20. Retain any records generated 

under these conditions for a minimum 

period of five years, unless an 

applicable OSHA standard specifies a 

longer period,7 and make these records 

available to OSHA, affected workers, 

and worker representatives on request. 

This condition allows OSHA, KSW 

managers, workers, and worker 

representatives to assess the 

effectiveness of the alternative means of 

compliance over an extended period, 

and provides baseline measurements 

against which to evaluate the 

effectiveness of subsequent revisions 

made to the alternative means of 

compliance. 

II. Variance From 29 CFR 

1910.1025(h)(2)(i) and 29 CFR 

1910.1018(k)(2) 

KSW seeks a permanent variance from 

the provisions of the OSHA standards 

that regulate occupational exposure to 

lead and arsenic, specifically paragraph 

(h)(2)(i) of 29 CFR 1910.1025 and 

paragraph (k)(2) of 29 CFR 1910.1018. 

These paragraphs prohibit use of 

compressed air to clean floors and other 

surfaces where lead and arsenic 

particulates accumulate. These 

paragraphs specify the following 

requirements: 

29 CFR 1910.1025(h)(2)(i): Floors and other 

surfaces where lead accumulates may not be 

cleaned by the use of compressed air. 

29 CFR 1910.1018(k)(2): Cleaning floors. 

Floors and other accessible surfaces 

contaminated with inorganic arsenic may not 

be cleaned by the use of compressed air, and 

shoveling and brushing may be used only 

where vacuuming or other relevant methods 

have been tried and found not to be effective. 

As an alternative to complying with 

housekeeping requirements as specified 

by 29 CFR 1910.1025(h)(2)(i) and 29 

CFR 1910.1018(k)(2), KSW proposed to 

use compressed air supplemented by a 

vacuum-containment system discussed 

in section I (‘‘Background’’) of this notice 

to perform cleaning of crane-motor 

housings. KSW asserted that use of the 

proposed compressed air supplemented 

by a vacuum-containment system 

protected its workers as least as 

effectively as the housekeeping 

requirements of 29 CFR 

1910.1025(h)(2)(i) and 29 CFR 

1910.1018(k)(2). 

III. Comments on the Variance 

Application 

The Federal Register notice (75 FR 

38130) invited interested parties, 

including KSW and affected employees, 

to submit written data, views, and 

arguments regarding the grant or denial 

of the variance application submitted by 

mstockstill on DSKH9S0YB1PROD with NOTICES

62878 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices 

8Examples of the equipment or components 

listed on the checklist include: air compressors; 

pressure regulators; gages; compressed-air hoses; 

nozzle-pressure reducer; crane-motor enclosures; 

flanges; vacuum-system operations, including the 

HEPA filtration system and replacement of used 

filters; vacuum hoses; and electric outlets and 

extension cords used during the cleaning process. 

KSW. In addition, the Federal Register 

notice notified KSW and affected 

employees of their right to request a 

hearing on the application for a 

variance. OSHA received no comments 

on the variance application, nor did it 

receive any requests for a hearing. 

IV. Decision 

Keystone Steel and Wire Company 

seeks a permanent variance from the 

provisions of the OSHA standards that 

regulate occupational exposure to lead 

and arsenic, specifically paragraph 

(h)(2)(i) of 29 CFR 1910.1025 and 

paragraph (k)(2) of 29 CFR 1910.1018. 

These paragraphs prohibit use of 

compressed air to clean floors and other 

surfaces where lead and arsenic 

particulates accumulate. Paragraph 

(h)(2)(i) of 29 CFR 1910.1025 states that 

employers cannot use compressed air to 

clean floors and other surfaces where 

lead accumulates, while paragraph 

(k)(2) of 29 CFR 1910.1018 prohibits 

employers from using compressed air to 

clean floors and other accessible 

surfaces contaminated with inorganic 

arsenic, and permits the use of 

shoveling and brushing for this purpose 

only after employers try vacuuming or 

other relevant methods and find these 

methods to be ineffective. 

As an alternative to complying with 

the housekeeping requirements 

specified by 29 CFR 1910.1025(h)(2)(i) 

and 29 CFR 1910.1018(k)(2), KSW 

proposed to adopt an alternative means 

of compliance that consists, in part, of 

a compressed-air vacuum-containment 

system mounted on a truck. A worker 

begins the crane-motor cleaning 

operation by inserting the nozzle of the 

compressed-air gun into an opening in 

the housing, then triggers the 

compressed air. The vacuumcontainment system, which the worker 

activates prior to beginning the motorcleaning operation, generates exhaust 

airflow inside the crane-motor housing. 

The vacuum, delivered through a hose, 

has an exhaust volume of 5,000 cubic 

feet per minute, and collects the lead 

and arsenic particulates that the worker 

removes with compressed air from the 

interior components of the crane motor. 

The system then deposits the 

particulates in a hopper, also mounted 

on the truck. 

KSW designed a flanged end that fits 

over an opening in a housing that covers 

each crane motor. The vacuum hose is 

connected to, and is supported by, this 

flange. Thus, the combination of the 

housing, flanged end, compressed air, 

and the vacuum-containment system 

captures most of the fugitive 

particulates released during the motorcleaning operation, thereby reducing 

worker exposure to airborne lead and 

arsenic. 

Under Section 6(d) of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 655), and based on the 

record discussed above, the Agency 

finds that when KSW complies with the 

conditions of the following order, the 

working conditions of the KSW’s 

workers will be at least as safe and 

healthful as if KSW complied with the 

working conditions specified by 

paragraphs (h)(2)(i) of 29 CFR 1910.1025 

and (k)(2) of 29 CFR 1910.1018. This 

decision is applicable in all States under 

Federal OSHA enforcement jurisdiction. 

V. Order 

OSHA issues this order authorizing 

the Keystone Steel and Wire Company 

(hereafter, ‘‘the employer’’) to comply 

with the following conditions instead of 

complying with paragraphs (h)(2)(i) of 

29 CFR 1910.1025 and (k)(2) of 29 CFR 

1910.1018. This order applies only in 

Federal OSHA enforcement 

jurisdictions, and does not permit the 

employer to vary compliance with any 

other provisions of 29 CFR 1910.1025 

and 29 CFR 1910.1018. 

1. Scope of the Permanent Variance 

This permanent variance applies only 

at the employer’s melt shop when using 

compressed air to clean crane motors 

during maintenance operations. 

2. Engineering and Related Conditions 

(a) The employer must: 

(1) Use engineering controls (i.e., a 

compressed-air vacuum-containment 

(CAVC) system) that maintain negative 

pressure inside the housing enclosing 

each crane motor when using 

compressed air to clean crane motors, 

and ensure that the vacuum-exhaust 

airflow leaving the enclosure exceeds 

the inflow of compressed air by 

maintaining the volume of compressed 

air below 5,000 cubic feet per minute. 

(b) Ensure that the: 

(1) Exhaust air in the CAVC system 

passes through a high-efficiency 

particulate air (HEPA) filtration system 

prior to discharge; and 

(2) Filtered exhaust does not reenter 

the work areas inside the plant. 

(c) Ensure the continued effectiveness 

of the alternative means of compliance 

by: 

(1) Performing a pre-use or yearly 

inspection (whichever occurs more 

frequently) of all equipment and 

components used in the cleaning 

operations; 8

(2) Documenting such inspections 

using a checklist; 

(3) Replacing or repairing all defective 

parts and components; and 

(4) Maintaining records of inspections 

and corrective actions. 

(d) Before implementing revisions to 

the motor-cleaning process, modify the 

Safe Job Procedure accordingly, and 

inform affected workers of the 

modifications. 

3. Exposure Monitoring 

The employer must: 

(a) Perform personal-exposure 

monitoring (i.e., breathing-zone 

sampling) of the workers for lead and 

arsenic particulates during the entire 

period they use compressed air to clean 

crane motors. For multiple crane motorcleaning operations during the same 

maintenance cycle, perform such 

monitoring on at least two operations 

that are representative of exposures for 

all affected workers performing cleaning 

operations during the cycle. 

(b) Conduct breathing-zone sampling 

of affected workers for the entire work 

day (full shift) on days when workers 

use compressed air to clean crane 

motors. The full-shift sampling must 

include separate sampling during the 

crane motor-cleaning operation, and a 

separate sampling for the portion of the 

shift that does not involve motor 

cleaning. 

(c) Ensure that results for the two 

most recent rounds of full-shift 

sampling remain below the action level 

for arsenic and lead. 

(d) Submit the breathing-zone 

samples for lead and arsenic 

particulates to an analytical laboratory 

that complies with the certification 

criteria of the American Industrial 

Hygiene Association’s Industrial 

Hygiene Proficiency Analytical Testing 

Program. 

4. Biological Monitoring 

The employer must: 

(a) Within 30 calendar days after 

workers perform a motor-cleaning 

operation, conduct biological 

monitoring for blood-lead and zincprotoporphyrin concentrations on every 

worker involved in that motor-cleaning 

operation. Blood-lead sample analysis 

must be performed by a laboratory 

licensed by the U.S. Centers for Disease 

Control and Prevention (CDC), or a 

laboratory that obtained a satisfactory 

grade in blood-lead proficiency testing 

from CDC within the prior 12 months 

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Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices 62879 

9As described by KSW’s Arsenic, Lead, & 

Cadmium Control Program. 

10Examples of safe-work practices include use of 

personal-protective equipment (including 

respirators, gloves, protective clothing) as defined 

by (a) KSW’s Respiratory Protection Program; (b) 

provisions of KSW’s Arsenic, Lead, & Cadmium 

Control Program; and (c) provisions of KSW’s Safe 

Job Procedure. 

11For example, § 1910.1025(n)(1)(iii) and 

(n)(2)(iv) require employers to retain lead exposuremonitoring records and medical records for at least 

40 years or for the duration of employment plus 20 

years, whichever is longer. 

1 In the notice of proposed exemption published 

with respect to the exemption granted herein (74 FR 

47963, September 18, 2009), the Department 

referred to UAW GM Retiree Medical Benefits Plan 

as ‘‘the New GM VEBA Plan’’ and collectively 

referred to the New GM VEBA Plan and the VEBA 

Trust as the ‘‘VEBA.’’ At the request of the 

Applicant, the Department has substituted the 

terms ‘‘the New UAW-GM Retirees Plan’’ and ‘‘the 

New Plan,’’ respectively, therefor. 

2 74 FR 47963. 

and has an accuracy (to a confidence 

level of 95 percent) within ±15 percent 

or 6 μg/100 ml, whichever is greater. 

(b) Ensure that blood-lead results 

remain at or below 40 μg lead/100 g 

whole blood. 

(c) Whenever the employer assigns a 

new worker to perform the crane motorcleaning operation, conduct biological 

monitoring of the worker prior to the 

worker beginning the cleaning 

operation. 

(d) Not assign any worker to the crane 

motor-cleaning operation who declines 

to undergo the biological-monitoring 

procedures. 

5. Notifications 

(a) The employer must: 

(1) Provide written notification to 

affected workers of the results of their 

individual personal-exposure and 

biological-monitoring results in 

accordance with the requirements of the 

arsenic and lead standards (29 CFR 

1910.1018(e)(5), 29 CFR 

1910.1018(n)(6)(iii), 29 CFR 

1910.1025(d)(8), and 29 CFR 

1910.1025(j)(3)(v)(A)(4)) within 15 

working days from receipt of the results. 

(2) Whenever personal-exposure 

monitoring results are at or above the 

action levels for lead (30 μg/m3) or 

arsenic (5 μg/m3), or blood-lead 

monitoring results are above 20 μg lead/ 

100 g whole blood, provide these results 

to OSHA’s Peoria, IL, Area Office, 

OSHA’s Chicago, IL, Regional Office, 

and OSHA’s Office of Technical 

Programs and Coordination Activities 

within 15 working days of receiving the 

results, along with a written plan 

describing how the employer will 

reduce exposure levels or blood-lead 

levels. 

(3) At least 15 calendar days prior to 

commencing any operation that 

involves using compressed air to clean 

crane motors, inform OSHA’s Peoria, IL, 

Area Office and OSHA’s Chicago, IL, 

Regional Office of the date and time the 

operation will commence. 

(b) Notify in writing OSHA’s Office of 

Technical Programs and Coordination 

Activities as soon as the employer 

knows that it will: 

(1) Cease to do business; or 

(2) Transfer the activities covered by 

this grant to a successor company. 

6. Training 

The employer must implement the 

worker-training programs described in 

29 CFR 1910.1018(o) and 29 CFR 

1910.1025(l), including: 

(a) Initial training of new workers 

prior to their beginning a crane motorcleaning operation; 

(b) Yearly refresher training of all 

other workers involved in crane motorcleaning operations; 

(c) Documentation of this training; 

and 

(d) Maintenance of the training 

records.9

7. Miscellaneous Program Conditions 

The employer must implement the: 

(a) Respiratory Protection Program 

that meets the requirements specified by 

29 CFR 1910.134, and 29 CFR 

1910.1025(f), and 29 CFR 1910.1018(h); 

(b) Provisions of the employer’s 

Arsenic, Lead, & Cadmium Control 

Program; and 

(c) Provisions of the Safe Job 

Procedure. 

8. Monitoring Work Practices 

The employer must ensure that 

supervisors: 

(a) Observe and enforce applicable 

safe-work practices 10 while workers are 

cleaning crane motors; 

(b) Document these supervisor 

observations and enforcement activities; 

and 

(c) Maintain these records. 

9. Record Retention and Availability 

The employer must: 

(a) Retain any records generated 

under the conditions specified in this 

grant for a minimum period of five 

years, unless an applicable OSHA 

standard specifies a longer period; 11

and 

(b) Make these records available to 

OSHA, affected workers, and worker 

representatives on request. 

VI. Authority and Signature 

David Michaels, PhD, MPH, Assistant 

Secretary of Labor for Occupational 

Safety and Health, U.S. Department of 

Labor, 200 Constitution Ave., NW., 

Washington, DC, directed the 

preparation of this notice. OSHA is 

issuing this notice under the authority 

specified by Section 6(d) of the 

Occupational Safety and Health Act of 

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

Labor’s Order No. 4–2010 (75 FR 

55355), and 29 CFR part 1905. 

Signed in Washington, DC, on October 7, 

2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–25739 Filed 10–12–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

[Prohibited Transaction Exemption No. 

2010–30; Application No. L–11568] 

Individual Exemption Involving 

General Motors Company, General 

Motors Holdings LLC, and General 

Motors LLC, Located in Detroit, MI 

AGENCY: Employee Benefits Security 

Administration, U.S. Department of 

Labor. 

ACTION: Grant of individual exemption. 

SUMMARY: This document contains an 

exemption from certain prohibited 

transaction restrictions of the Employee 

Retirement Income Security Act of 1974 

(the Act or ERISA). The transactions 

involve the UAW GM Retiree Medical 

Benefits Plan (the New UAW-GM 

Retirees Plan) and its associated UAW 

Retiree Medical Benefits Trust (the 

VEBA Trust) (collectively the New 

Plan).1 The exemption will affect the 

New Plan, and its participants and 

beneficiaries. 

DATES: Effective Date: This exemption is 

effective as of July 10, 2009. 

SUPPLEMENTARY INFORMATION: On 

September 18, 2009, the Department 

published in the Federal Register a 

notice of proposed individual 

exemption from the restrictions of 

sections 406(a)(1)(A), 406(a)(1)(B), 

406(a)(1)(D), 406(a)(1)(E), 406(a)(2), 

406(b)(1), 406(b)(2), and 407(a) of ERISA 

(the Notice).2 The proposed exemption 

was requested in an application filed by 

General Motors Corporation (Old GM) 

pursuant to section 408(a) of ERISA and 

in accordance with the procedures set 

forth in 29 CFR 2570, Subpart B (55 FR 

32836, August 10, 1990). Subsequent to 

the submission of its application, Old 

mstockstill on DSKH9S0YB1PROD with NOTICES