[Federal Register Volume 62, Number 178 (Monday, September 15, 1997)]
[Rules and Regulations]
[Pages 48175-48176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24350]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

RIN 1218-AA95


Methylene Chloride; Amendment; Extension of Start-Up Date

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

ACTION: Final Rule; amendment; extension of start-up date for 
compliance.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is 
extending the start-up date for most provisions of the methylene 
chloride by 30 days to November 6, 1997 for larger employers. Employers 
with fewer than 20 employees and foam manufacturers with 20 to 99 
employees have substantially later start-up dates which are not 
changed.

DATES: The effective date of this amendment is September 15, 1997.
    Compliance: The start-up date for all provisions of the methylene 
chloride standard except initial monitoring and engineering controls 
for employers specified in Sec. 1910.1052(n)(2)(iii)(c) is extended to 
November 6, 1997 (210 days after the effective date of the standard).

FOR FURTHER INFORMATION CONTACT:
Bonnie Freeman, Director, OSHA Office of Public Affairs, U.S. 
Department of Labor, Room N3647, 200 Constitution Avenue, NW., 
Washington, DC 20210, telephone (202) 219-8151.

SUPPLEMENTARY INFORMATION: OSHA published a new methylene chloride 
standard January 10, 1997 (62 FR 1494). That standard included extended 
start-up dates for its various provisions depending on the size of the 
employer. The three categories of employers were employers with fewer 
than 20 employees, foam manufacturers with 20-99 employees and ``all 
other employers.''
    OSHA published notification of OMB approval of information 
collection requirements on August 8, 1997 (62 FR 42666). As the start-
up date for initial monitoring for ``all other employers'' was August 
8, 1997, OSHA extended that date to September 7, 1997 to provide added 
notice to implement compliance.
    The next start-up date specified for ``all other employers'' is 
October 7, 1997 for all provisions except engineering controls and 
initial monitoring. That is only 30 days after the extended date for 
completion of initial monitoring.
    OSHA has concluded that more time is needed between completion of 
initial monitoring and implementation of the other provisions except 
engineering controls. This allows for a more efficient and effective 
implementation of those provisions such as for training, medical 
surveillance and other specified provisions. This is also consistent 
with OSHA's initial determination that 60 days is needed between 
completion of initial monitoring and implementation of the other 
provisions. OSHA is amending Sec. 1910.1052(n)(2)(iii)(c) to implement 
this decision.
    The date for completion of initial monitoring for employers with 
fewer than 20 employees is February 4, 1998 and for foam manufacturers 
with 20-99 employees is November 6, 1997. The date for all other 
provisions except engineering controls is 60 days later for each group. 
See 62 FR 1606 (January 10, 1997) for a listing of effective and start-
up dates.
    OSHA finds that there is good cause to issue this extension without 
notice and public comment because following such procedures would be 
impractical, unnecessary or contrary to the public interest in this 
case. OSHA believes that it is in the public interest to give certain 
employers additional time between completion of initial monitoring and 
implementation of other provisions.

Authority And Signature

    This document was prepared under the direction of Gregory R. 
Watchman, Acting Assistant Secretary of Labor for Occupational Safety 
and Health, U.S.

[[Page 48176]]

Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210.

    Signed at Washington, DC, this 9th day of September 1997.
Gregory R. Watchman,
Acting Assistant Secretary of Labor.

PART 1910--[AMENDED]

    1. The general authority citation for subpart Z of CFR 29 part 1910 
continues to read, in part, 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), 1-90 (55 FR 9033), or 6-96 (62 FR 111), as applicable; 
and 29 CFR Part 1911.
* * * * *
    2. Paragraph (n)(2)(iii)(C) of Sec. 1910.1052 is revised to read as 
follows:


Sec. 1910.1052  Methylene chloride.

* * * * *
    (n) * * *
    (2) * * *
    (iii) * * *
    (C) For all other employers, within 210 days after the effective 
date of this section.
* * * * *
[FR Doc. 97-24350 Filed 9-12-97; 8:45 am]
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