[Congressional Record Volume 143, Number 122 (Monday, September 15, 1997)]
[House]
[Pages H7276-H7279]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     NOTICE OF PROPOSED RULEMAKING

                                                    U.S. Congress,


                                         Office of Compliance,

                                Washington, DC, September 5, 1997.
     Honorable Newt Gingrich,
     Speaker of the House, U.S. House of Representatives, 
         Washington, DC.
       Dear Mr. Speaker: Pursuant to Section 304 of the 
     Congressional Accountability Act of 1995, 2 U.S.C. 
     Sec. 1384(b)(1), (e), I am transmitting on behalf of the 
     Board of Directors the enclosed notice of proposed rulemaking 
     (proposing amendments to regulations previously adopted by 
     the Board) for publication in the Congressional Record.
       The Congressional Accountability Act specifies that the 
     enclosed notice be published on the first day on which both 
     Houses are in session following this transmittal.
           Sincerely yours,
                                                    Glen D. Nager,
                                               Chair of the Board.
       Enclosure.


                          office of compliance

       The Congressional Accountability Act of 1995: Extension of 
     Rights and Protections Under the Employee Polygraph 
     Protection Act of 1988, the Worker Adjustment and Retraining 
     Notification Act, and the Occupational Safety and Health Act 
     of 1970


                     notice of proposed rulemaking

       Summary: The Board of Directors (``Board'') of the Office 
     of Compliance is publishing proposed amendments to its 
     regulations implementing sections 204, 205, and 215 of the 
     Congressional Accountability Act of 1995 (``CAA'' or the 
     ``Act''), 2 U.S.C. Sec. Sec. 1314, 1315, 1341. The CAA 
     applies the rights and protections of eleven labor and 
     employment and public access laws to covered employees and 
     employing offices within the Legislative Branch. Section 204 
     applies rights and protections of the Employee Polygraph 
     Protection Act of 1988 (``EPPA''), section 205 applies rights 
     and protections of the Worker Adjustment and Retraining 
     Notification Act (``WARN Act''), and section 215 applies 
     rights and protections of the Occupational Safety and Health 
     Act of 1970 (``OSHAct''). These sections of the CAA will go 
     into effect with respect to the General Accounting Office 
     (``GAO'') and the Library of Congress (the ``Library'') on 
     December 30, 1997, and this Notice of Proposed Rulemaking 
     (``NPRM'') proposes to amend the Board's regulations 
     implementing these sections to extend the coverage of the 
     regulations to include GAO and the Library. Several 
     typographical and other minor corrections and changes are 
     also being made to the regulations being amended.
       The regulations under section 204, 205, and 215 were 
     adopted in three virtually identical versions, one that 
     applies to the Senate and employees of the Senate, one that 
     applies to the House of Representatives and employees of the 
     House, and one that applies to other covered employees and 
     employing offices. This NPRM proposes that identical 
     amendments be made to the three versions of the regulations. 
     The proposal to amend the regulations that apply to the 
     Senate and its employees is the recommendation of the Office

[[Page H7277]]

     of Compliance's Deputy Executive Director for the Senate, the 
     proposal to amend the regulations that apply to the House and 
     its employees is the recommendation of the Office of 
     Compliance's Deputy Executive Director for the House of 
     Representatives, and the proposal to amend the regulations 
     that apply to other employing offices and their employees is 
     the recommendation of the Executive Director of the Office of 
     Compliance.
       Dates: Comments are due within 30 days after the date of 
     publication of this NPRM in the Congressional Record.
       Addresses: Submit comments in writing (an original and 10 
     copies) to the Chair of the Board of Directors, Office of 
     Compliance, Room LA 200, John Adams Building, 110 Second 
     Street, S.E., Washington, D.C. 20540-1999. Those wishing to 
     receive notification of receipt of comments are requested to 
     include a self-addressed, stamped post card. Comments may 
     also be transmitted by facsimile (``FAX'') machine to (202) 
     426-1913. This is not a toll-free call. Copies of comments 
     submitted by the public will be available for review at the 
     Law Library Reading Room, Room LM-201, Law Library of 
     Congress, James Madison Memorial Building, Washington, D.C., 
     Monday through Friday, between the hours of 9:30 a.m. and 
     4:00 p.m.
       For Further Information Contact: Executive Director, Office 
     of Compliance, at (202) 724-9250 (voice), (202) 426-1912 
     (TTY). This Notice is also available in the following 
     formats: large print and braille. Requests for this notice in 
     large print or braille should be made to Mr. Russell Jackson, 
     Director, Services Department, Office of the Sergeant at Arms 
     and Doorkeeper of the Senate, at (202) 224-2705 (voice), 
     (202) 224-5574 (TTY).
       SUPPLEMENTARY INFORMATION:

              1. Background and purpose of this Rulemaking

       The Congressional Accountability Act of 1995 (``CAA'' or 
     the ``Act''), Pub. L. 104-1, 109 Stat. 3, 2 U.S.C. 
     Sec. Sec. 1301-1438, was enacted on January 23, 1995. The CAA 
     applies the rights and protections of eleven labor and 
     employment and public access laws to covered employees and 
     employing offices within the Legislative Branch.
       Sections 204, 205, and 215 apply three of these laws. 
     Section 204 of the CAA, 2 U.S.C. Sec. 1314, applies the 
     rights and protections under the Employee Polygraph 
     Protection Act of 1988 (``EPPA''), by providing generally 
     that no employing office may require a covered employee to 
     take a lie detector test where such a test would be 
     prohibited if required by an employer under paragraph (1), 
     (2), or (3) of section 3 of the EPPA, 29 U.S.C. Sec. 2002(1), 
     (2), (3). Section 205 of the CAA, 2 U.S.C. Sec. 1315, applies 
     the rights and protections of the Worker Adjustment and 
     Retraining Notification Act (``WARN Act''), by providing 
     generally that no employing office shall be closed or a mass 
     layoff ordered within the meaning of section 3 of the WARN 
     Act, 29 U.S.C. Sec. 2102, until 60 days after the employing 
     office has provided written notice to covered employees. 
     Section 215 of the CAA, 2 U.S.C. Sec. 1341, applies the 
     rights and protections of section 5 of the Occupational 
     Safety and Health Act of 1970 (``OSHAct''), by providing 
     generally that each employing office and each covered 
     employee must comply with the provisions of section 5 of the 
     OSHAct, 29 U.S.C. Sec. 654.
       For most covered employees and employing offices, sections 
     204 and 205 became effective on January 23, 1996, and section 
     215 became effective on January 1, 1997. However, ``with 
     respect to the General Accounting Office and the Library of 
     Congress,'' the CAA provides that sections 204, 205, and 215 
     ``shall be effective * * * 1 year after transmission to the 
     Congress of the study under section 230.'' Sections 
     204(d)(2), 205(d)(2), 215(g)(2) of the CAA, 2 U.S.C. 
     Sec. Sec. 1314(d)(2), 1315(d)(2), 1341(g)(2). This ``study 
     under section 230'' is a study of the application of certain 
     laws, regulations, and procedures at the General Accounting 
     Office (``GAO'') the Government Printing Office (``GPO''), 
     and the Library of Congress (``Library''), which the Board 
     was directed to undertake by section 230 of the CAA, as 
     amended, 2 U.S.C. Sec. 1371. The Board transmitted the 
     completed study to Congress on December 30, 1996, and 
     sections 204, 205, and 215 will therefore become effective 
     with respect to GAO and the Library on December 30, 1997.\1\
---------------------------------------------------------------------------
     \1\ The study under section 230, as well as copies of the 
     December 30, 1996 letters from the Board transmitting the 
     study to Congress, are available for inspection in the Law 
     Library Reading Room, at the address and times stated at the 
     beginning of this Notice. The study may also be viewed on the 
     Office of Compliance's Internet web site at either http://
www.compliance.gov/230.html or http://www.access.gpo.gov/
compliance/230.html.
---------------------------------------------------------------------------
       The CAA requires that the Board adopt regulations to 
     implement sections 204, 205, and 215, and further requires 
     that these regulations be the same as the substantive 
     regulations promulgated by the Secretary of Labor to 
     implement the provisions of applicable statute, except if the 
     Board determines, for good cause shown, that a modification 
     would be more effective for the implementation of the rights 
     and protections under these sections. 2 U.S.C. 
     Sec. Sec. 1314(c), 1315(c), 1341(d). The Board has adopted 
     regulations implementing these sections with respect to 
     employing offices other than GAO and the Library, and the 
     purpose of this rulemaking is to adopt regulations 
     implementing these sections with respect to GAO and the 
     Library as well.

                    2. Record of Earlier Rulemakings

       To avoid duplication of effort in proposing and adopting 
     regulations with respect to GAO and the Library, the Board 
     plans to rely, in part, on the record of its earlier 
     rulemakings. The regulations implementing sections 204 and 
     205 of the CAA were proposed, adopted, and issued during the 
     latter part of 1995 and the first part of 1996, and, during 
     that period, the Board solicited comment and explained the 
     basis and purpose of the regulations in several notices 
     published in the Congressional Record. On September 28, 1995, 
     the Board published an Advance Notice of Proposed Rulemaking 
     (``ANPRM''), in which the Board solicited comments before 
     promulgating proposed rules under several sections of the 
     CAA, including sections 204 and 205. 141 Cong. Rec. S14542-44 
     (daily ed. Sept. 28, 1995). On November 28, 1995, the Board 
     issued NPRMs proposing regulations under sections 204 and 
     205, among others, 141 Cong. Rec. S17652-64 (daily ed. Nov. 
     28, 1995), and on January 22, 1996, the Board published 
     Notices of Adoption of Regulation and Submission for Approval 
     and Issuance of Interim Regulations under these sections, 142 
     Cong. Rec. S262-74 (daily ed. Jan. 22, 1996). The Board also 
     proposed and adopted separate regulations, pursuant to 
     section 204(a)(3) of the CAA, authorizing the Capitol Police 
     to use lie detector tests. 141 Cong. Rec. S14544-45 (daily 
     ed. Sept. 28, 1995) (NPRM); 142  Cong. Rec. S260-62 (daily 
     ed. Jan. 22, 1996) (Notice of Adoption, etc.). The adopted 
     regulations were then approved by Congress, and, on April 23, 
     1996, the Board's Notices of Issuance of Final Regulations 
     were published in the Congressional Record setting forth the 
     text of the final regulations implementing several CAA 
     sections, including 204 and 205. 142 Cong. Rec. S3917-24, 
     S3948-52 (daily ed. Apr. 23, 1996).
       The Board published proposed regulations to implement 
     section 215 on September 19, 1996, 142 Cong. Rec. H10711-19 
     (daily ed. Sept. 19, 1996), and published its Notice of 
     Adoption and Submission for Approval for these regulations on 
     January 7, 1997, 143 Cong. Rec. S61-70 (Jan. 7, 1997). The 
     House and Senate have not yet approved this section 215 
     regulations, and, accordingly, these regulations have not yet 
     been issued.\2\
---------------------------------------------------------------------------
     \2\ Although the Board's regulations implementing section 215 
     have not yet been issued, section 411 of the CAA provides 
     that, in proceedings to enforce most provisions of the CAA, 
     including section 215, ``if the Board has not issued a 
     regulation on a matter for which this Act requires a 
     regulation to be issued, the hearing officer, Board, or 
     court, as the case may be, shall apply, to the extent 
     necessary and appropriate, the most relevant substantive 
     executive agency regulation promulgated to implement the 
     statutory provision at issue in the proceeding.'' 2 U.S.C. 
     Sec. 1411.
---------------------------------------------------------------------------

                         3. Proposed Amendments

       The Board is presently aware of no reason why the 
     regulations to be adopted under section 204, 205, or 215 for 
     GAO and the Library and their employees should be separate or 
     substantively different from the regulations already adopted 
     for other employing offices and their employees. The Board 
     therefore proposes in this NPRM to expand the coverage of the 
     regulations already adopted under sections 204, 205, and 215 
     to include GAO and the Library and their employees, and to 
     make no other substantive change to the regulations.
       a. Regulations Under Section 204--Rights and Protections 
           Under the Employee Polygraph Protection Act of 1988
       The Board's two regulations implementing section 204 of the 
     CAA--i.e., the exclusion for employees of the Capitol Police, 
     and the regulations covering all other employing offices 
     except GAO and the Library--were issued in final form and 
     published in the April 23, 1996 issue of the Congressional 
     Record, 142 Cong. Rec. S3917-24 (Apr. 23, 1996). In the 
     regulations for employing offices other than the Capitol 
     Police, the scope of coverage is established by the 
     definitions of ``covered employee'' in section 1.2(c) and 
     ``employing office'' in section 1.2(i). The Board proposes to 
     amend these regulations by adding any employee of GAO or the 
     Library to the definition of ``covered employee,'' and by 
     adding GAO and the Library to the definition of ``employing 
     office.''
       b. Regulations under Section 205--Rights and Protections 
           Under the Worker Adjustment and Retraining Notification 
           Act.
       Regulations implementing section 205 for employing offices 
     other than GAO and the Library were issued in final form and 
     published in the April 23, 1996 issue of the Congressional 
     Record, 142 Cong. Rec. S3949-52 (Apr. 23, 1996). The scope of 
     coverage of these regulations is established by the 
     definition of ``employing office'' in section 639.3(a)(1). As 
     presently drafted, the definition in section 639(a)(1) 
     incorporates by reference the definition of ``employing 
     office'' in section 101(9) of the CAA, 2 U.S.C. Sec. 1301(9), 
     which includes all covered employees and employing offices 
     other than GAO and the Library. The Board proposes to amend 
     these regulations by adding to the definition of ``employing 
     office'' a reference to section 205(a)(2) of the CAA, which, 
     for purposes of section 205, adds GAO and the Library to the 
     definition of ``employing office.''
       c. Regulations under Section 215--Rights and Protections 
           Under the Occupational Safety and Health Act of 1970
       Regulations implementing section 215 for employing offices 
     other than GAO and the Library were adopted by the Board and 
     published in the January 7, 1997 issue of the Congressional 
     Record, 143 Cong. Rec. S61-70 (Jan. 7, 1997). The scope of 
     coverage of these

[[Page H7278]]

     regulations is established by the definition of ``covered 
     employee'' in section 1.102(c), the definition of ``employing 
     office'' in section 1.102(i), and a listing in both sections 
     1.102(j) and 1.103 of entities that, pursuant to the 
     regulations, are included as employing offices if responsible 
     for correcting a violation of section 215 of the CAA. The 
     Board proposes to amend these regulations by adding any 
     employee of GAO or of the Library to the definition of 
     ``covered employee,'' and by adding GAO and the Library to 
     the definition of ``employing office'' and to the entities 
     listed in sections 1.102(j) and 1.103 that can be included as 
     employing offices.
       In addition to the proposed changes described above, 
     several typographical and other minor corrections are being 
     made to the regulations being amended, including a few 
     corrections and changes to the list of Department of Labor's 
     regulations under the OSHAct that are incorporated by 
     reference into the regulations adopted by the Board under 
     section 215 of the CAA.\3\
---------------------------------------------------------------------------
     \3\ In the regulations implementing section 204 of the CAA, 
     in the definitions of ``employing office'' and ``covered 
     employee'' in sections 1.2(c) and (i), the references to the 
     Office of Technology Assessment (``OTA'') and to employees of 
     OTA are being removed, as OTA no longer exists. In the 
     regulations implementing section 205 of the CAA, the title at 
     the beginning of the regulations is being corrected. In the 
     regulations implementing section 215 of the CAA, in the 
     definition of ``employing office'' in section 1.102(i), ``the 
     Senate'' is stricken from clause (1) and ``of a Senator'' is 
     inserted instead, and ``or a joint committee'' is stricken 
     from that clause, for conformity with the text of section 
     101(9)(A) of the CAA, 2 U.S.C. Sec. 1301(9)(A). In section 
     1.102(j) of those regulations, ``a violation of this 
     section'' is stricken and ``a violation of section 215 of the 
     CAA (as determined under section 1.106)'' is inserted 
     instead, for consistency with the language in section 1.103 
     of the regulations. Furthermore, in Appendix A to Part 1900 
     of the regulations, several editorial and technical errors 
     are being corrected in the cross-references to the Secretary 
     of Labor's regulations under the OSHAct and recent changes in 
     the Secretary's regulations are being incorporated. These 
     corrections comport with the Board's stated intention to 
     incorporate by reference the Labor Secretary's substantive 
     regulations in effect at the time the Board approved the 
     regulations under section 215 of the CAA, and to update the 
     list of incorporated regulations when necessitated by the 
     Secretary's changes to those regulations. See 142 Cong. Rec. 
     H10711, H10715 (daily ed. Sept. 19, 1996) (NPRM under section 
     215); section 1900.1(c) of the Board's regulations under 
     section 215, 143 Cong. Rec. S61, S67 (daily ed. Jan. 7, 
     1997).
---------------------------------------------------------------------------

                         4. Request for Comment

       The Board invites comment on these proposed amendments 
     generally, and invites comment specifically on whether there 
     is any reason why the regulations to be adopted under section 
     204, 205, or 215 for GAO and the Library and their employees 
     should be separate or substantively different from the 
     regulations already adopted for other employing offices and 
     their employees.
       Recommended method of approval. The Board proposes that it 
     will adopt three identical versions of the amendments and 
     recommends: (1) that the version amending the regulations 
     that apply to the Senate and employees of the Senate be 
     approved by the Senate by resolution, (2) that the version 
     amending the regulations that apply to the House of 
     Representatives and employees of the House of Representatives 
     be approved by the House by resolution, and (3) that the 
     version amending the regulations that apply to other covered 
     employees and employing offices be approved by the Congress 
     by concurrent resolution.
       The Board expects to adopt the amendments and to submit 
     them to the House and Senate for approval by three separate 
     documents, one for the amendments under section 204 of the 
     CAA, one for the amendments under section 205, and one for 
     the amendments under section 215. This procedure will enable 
     the House and Senate to consider and act on the amendments 
     under sections 204, 205, and 215 separately, if the House and 
     Senate so choose. The Board's regulations under section 215 
     have not yet been approved by the House and Senate, and, if 
     the regulations remain unapproved when the Board adopts the 
     amendments under section 215, the Board recommends that the 
     House and Senate approve those amendments together with the 
     regulations.
       Signed at Washington, D.C., on this __ day of _____, 1997.

                                                Glen D. Nager,

                                               Chair of the Board,
                                             Office of Compliance.
       Accordingly, the Board of Directors of the Office of 
     Compliance hereby proposes the following amendments to its 
     regulations:


amendments to regulations under section 204 of the CAA--application of 
rights and protections of the employee polygraph protection act of 1988

       It is proposed that the regulations implementing section 
     204 of the CAA, issued by publication in the Congressional 
     Record on April 23, 1996 at 142 Cong. Rec. S3917-3924 (daily 
     ed. Apr. 23, 1996), be amended by revising section 1.2(c) and 
     the first sentence of section 1.2(i) to read as follows:
     ``Sec. 1.2 Definitions

                           *   *   *   *   *

       ``(c) The term covered employee means any employee of (1) 
     the House of Representatives; (2) the Senate; (3) the Capitol 
     Guide Service; (4) the Congressional Budget Office; (5) the 
     Office of the Architect of the Capitol; (6) the Office of the 
     Attending Physician; (7) the Office of Compliance; (8) the 
     General Accounting Office; or (9) the Library of Congress.

                           *   *   *   *   *

       ``(i) The term employing office means (1) the personal 
     office of a Member of the House of Representatives or of a 
     Senator; (2) a committee of the House of Representatives or 
     the Senate or a joint committee; (3) any other office headed 
     by a person with the final authority to appoint, hire, 
     discharge, and set the terms, conditions, or privileges of 
     the employment of an employee of the House of Representatives 
     or the Senate; (4) the Capitol Guide Board, the Congressional 
     Budget Office, the Office of the Architect of the Capitol, 
     the Office of the Attending Physician, and the Office of 
     Compliance; (5) the General Accounting Office; or (6) the 
     Library of Congress. * * *''.


amendments to regulations under section 205 of the CAA--application of 
    rights and protections of the worker adjustment and retraining 
                            notification act

       It is proposed that the regulations implementing section 
     205 of the CAA, issued by publication in the Congressional 
     Record on April 23, 1996 at 142 Cong. Rec. S3949-52 (daily 
     ed. Apr. 23, 1996) be amended by revising the title at the 
     beginning of the regulations, and the introductory text of 
     the first sentence of section 639.3(a)(1), to read as 
     follows:

 ``APPLICATION OF RIGHTS AND PROTECTIONS OF THE WORKER ADJUSTMENT AND 
RETRAINING NOTIFICATION ACT

                           *   *   *   *   *


     ``Sec. 639.3 Definitions.
       ``(a) Employing office. (1) the term ``employing office'' 
     means any of the entities listed in section 101(9) of the 
     CAA, 2 U.S.C. Sec. 1301(9), and either of the entities 
     included in the definition of ``employing office'' by section 
     205(a)(2) of the CAA, 2 U.S.C. Sec. 1315(a)(2), that 
     employs--
       ``(i) * * *''.

                           *   *   *   *   *



amendments to regulations under section 215 of the caa--application of 
  rights and protections of the occupational safety and health act of 
                                  1970

       It is proposed that the regulations implementing section 
     215 of the CAA, adopted and published in the Congressional 
     Record on January 7, 1997 at 143 Cong. Rec. S61, 66-69 (daily 
     ed. Jan. 7, 1997), be amended as follows:
       1. Extension of coverage.--By revising sections 1.102(c), 
     (i), and (j) and 1.103 to read as follows:
     ``Sec. 1.102 Definitions.

                           *   *   *   *   *

       ``(c) The term covered employee means any employee of (1) 
     the House of Representatives; (2) the Senate; (3) the Capitol 
     Guide Service; (4) the Capitol Police; (5) the Congressional 
     Budget Office; (6) the Office of the Architect of the 
     Capitol; (7) the Office of the Attending Physician; (8) the 
     Office of Compliance; (9) the General Accounting Office; and 
     (10) the Library of Congress.

                           *   *   *   *   *

       ``(i) The term employing office means: (1) the personal 
     office of a Member of the House of Representatives or of a 
     Senator; (2) a committee of the House of Representatives or 
     the Senate or a joint committee; (3) any other office headed 
     by a person with the final authority to appoint, hire, 
     discharge, and set the terms, conditions, or privileges of 
     the employment of an employee of the House of Representatives 
     or the Senate; (4) the Capitol Guide Board, the Congressional 
     Budget Office, the Office of the Architect of the Capitol, 
     the Office of the Attending Physician, and the Office of 
     Compliance; (5) the General Accounting Office; or (6) the 
     Library of Congress.''

                           *   *   *   *   *

       ``(j) The term employing office includes any of the 
     following entities that is responsible for the correction of 
     a violation of section 215 of the CAA (as determined under 
     section 1.106), irrespective of whether the entity has an 
     employment relationship with any covered employee in any 
     employing office in which such violation occurs: (1) each 
     office of the Senate, including each office of a Senator and 
     each committee; (2) each office of the House of 
     Representatives, including each office of a Member of the 
     House of Representatives and each committee; (3) each joint 
     committee of the Congress; (4) the Capitol Guide Service; (5) 
     the Capitol Police; (6) the Congressional Budget Office; (7) 
     the Office of the Architect of the Capitol (including the 
     Senate Restaurants and the Botanic Garden); (8) the Office of 
     the Attending Physician; (9) the Office of Compliance; (10) 
     the General Accounting Office; and (11) the Library of 
     Congress.

                           *   *   *   *   *

     ``Sec. 1.103 Coverage.
       ``The coverage of Section 215 of the CAA extends to any 
     ``covered employee.'' It also extends to any ``covered 
     employing office,'' which includes any of the following 
     entities that is responsible for the correction of a 
     violation of section 215 (as determined under section 1.106), 
     irrespective of whether the entity has an employment 
     relationship with any covered employee in any employing 
     office in which such a violation occurs:
       ``(1) each office of the Senate, including each office of a 
     Senator and each committee;
       ``(2) each office of the House of Representatives, 
     including each office of a Member of the House of 
     Representatives and each committee;

[[Page H7279]]

       ``(3) each joint committee of the Congress;
       ``(4) the Capitol Guide Service;
       ``(5) the Capitol Police;
       ``(6) the Congressional Budget Office;
       ``(7) the Office of the Architect of the Capitol (including 
     the Senate Restaurants and the Botanic Garden);
       ``(8) the Office of the Attending Physician;
       ``(9) the Office of Compliance;
       ``(10) the General Accounting Office; and
       ``(11) the Library of Congress.''.
       2. Corrections to cross-reference.--By making the following 
     amendments in Appendix A to Part 1900, which is entitled 
     ``References to Sections of Part 1910, 29 CFR, Adopted as 
     Occupational Safety and Health Standards Under Section 215(d) 
     of the CAA'':
       (a) After ``1910.1050 Methylenedianiline.'' insert the 
     following:
       ``1910.1051  1,3-Butadinene.
       ``1910.1052  Methylene chloride.''.
       (b) Strike ``1926.63--Cadmium (This standard has been 
     redesignated as 1926.1127).'' and insert instead the 
     following:
       ``1926.63  [Reserved]''.
       (c) Strike ``Subpart L--Scaffolding'', ``1926.450 
     [Reserved]'', ``1926.451 Scaffolding.'', ``1926.452 
     Guardrails, handrails, and covers.'', and ``1926.453 Manually 
     propelled mobile ladder stands and scaffolds (towers).'' and 
     insert instead the following:

                         ``Subpart L--Scaffolds

       ``1926.450  Scope, application, and definitions applicable 
     to this subpart.
       ``1926.451  General requirements.
       ``1926.452  Additional requirements applicable to specific 
     types of scaffolds.
       ``1926.453  Aerial lifts.
       ``1926.454  Training.''.
       (d) Strike ``1926.556  Aerial lifts.''.
       (d) Strike ``1926.753  Safety Nets.''.
       (f) Strike ``Appendix A to Part 1926--Designations for 
     General Industry Standards'' and insert instead the 
     following:

``Appendix A to Part 1926--Designations for General Industry Standards 
Incorporated Into Body of Construction Standards''.

                          ____________________