[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Proposed Rules]
[Pages 34139-34140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16643]
[[Page 34139]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. H-117-C]
Notice of Public Meeting on Review of the Grain Handling
Facilities Standard
AGENCY: Occupational Safety and Health Administration, U.S. Department
of Labor.
ACTION: Notice of public meeting.
-----------------------------------------------------------------------
SUMMARY: The Occupational Safety and Health Administration (OSHA) is
conducting a review of the Grain Handling Standard in order to
determine, consistent with Executive Order 12866 on Regulatory Planning
and Review and Section 610 of the Regulatory Flexibility Act, whether
this standard should be maintained without change, rescinded, or
modified in order to make it more effective or less burdensome in
achieving its objectives, to bring it into better alignment with the
objectives of Executive Order 12866, or to make it consistent with the
objectives of the Regulatory Flexibility Act to achieve regulatory
goals while imposing as few burdens as possible on small employers. Any
revisions to the standard must be consistent with the Occupational
Safety and Health Act, which requires employers to provide employees
with a safe and healthy workplace.
Written public comments on all aspects of compliance with the Grain
Handling Standard are welcomed. OSHA will also hold two stakeholder
meetings to provide opportunities for interested parties to comment on
whether the Grain Handling Standard should be eliminated, modified, or
continued without exchange to achieve the objectives described above.
DATES: There will be two public meetings. The first public meeting will
be held on July 28, 1998 in Chicago, Illinois. The second public
meeting will be held on July 31, 1998 in Washington, D.C. Both meetings
will begin at 9:00 a.m. and are scheduled to end at 5:30 p.m. Written
comments should be submitted in quadruplicate to the OSHA Docket Office
at the address given below. The deadline for submitting written
comments is August 31, 1998.
ADDRESSES: The first public meeting will be held in the State of
Illinois Building, 160 N. LaSalle, Chicago, Illinois, and the second
will be held in the Frances Perkin Building, 200 Constitution Avenue,
N.W., Washington, D.C.
Requests to Appear: OSHA requests that any person wishing to speak
at the public meetings notify OSHA in writing. To assure that time is
provided for oral comments, the request should be received by OSHA no
later than July 21 for the meeting in Chicago, Illinois, and July 24,
1998 for the Washington, D.C. meeting and should identify the person
and/or organization intending to appear, desired date of appearance,
address and phone/fax number, the amount of time requested, audiovisual
equipment required, and a brief summary of the comments to be
presented. Please send written requests to appear to Tom Mockler at the
following address: Office of Regulatory Analysis, Directorate of
Policy, Occupational Safety and Health Administration, Room N3627, 200
Constitution Avenue, N.W., Washington, D.C. 20210, Telephone (202) 219-
4916, extension 136, Fax (202) 219-4383. Persons making timely written
requests to speak at a public meeting will be given priority for oral
comments, as time permits. Other persons wishing to speak should
register at the meetings from 8:30 to 9:00. OSHA will make every effort
to accommodate individuals wishing to speak at the public meetings.
Written Comments: OSHA welcomes the submission of written public
comments on all aspects of the Grain Handling Standard. OSHA will
review written public comments as part of the process of conducting
this regulatory review of the Grain Handling Standard. All comments
received will be received in Docket H-117-C and will be available for
public review in the Docket Office at the address given below.
Written comments on the Grain Handling Standard should be submitted
in quadruplicate to Elaine Bynum, Docket Officer, Docket No. H-117-C,
OSHA Docket Office, Room N2625, 200 Constitution Avenue, N.W.,
Washington, D.C. 20210, Telephone (202) 219-7894, Fax (202) 219-5046.
Comments 10 pages or fewer may be faxed to (202) 219-5046 as long as
paper copies are subsequently sent. The deadline for submitting written
comments is August 31, 1998.
FOR FURTHER INFORMATION CONTACT: Tom Mockler, Office of Regulatory
Analysis, Directorate of Policy, Occupational Safety and Health
Administration, Room N3627, 200 Constitution Avenue, N.W., Washington,
D.C. 20210, Telephone (202) 219-4916, extension 136, Fax (202) 219-
4383.
SUPPLEMENTARY INFORMATION: In 1987, OSHA promulgated the Grain Handling
Standard (29 CFR 1910.272) (52 FR 49592, December 1, 1987). The
standard applies to grain handling facilities in general industry and
at marine terminals under 29 CFR Parts 1910 and 1917. It does not cover
construction, shipyards, or agriculture. The standard addresses
practices, procedures and equipment that are necessary to protect
workers from fires, grain dust explosions, and other safety hazards
associated with grain handling facilities.
The Grain Handling Standard requires that employers with grain
handling operations utilize a multi-faceted approach to minimize the
hazards associated with such operations. This entails the development
of an emergency action plan, training for employees, permit procedures
where hot work is performed, special procedures for entry into grain
storage structures and flat storage structures, coordination with
contractors, housekeeping requirements to minimize the accumulation of
dust, requirements for filter collectors on pneumatic dust collection
systems, requirements on grate openings for receiving pits,
requirements for preventive maintenance, requirements for grain stream
processing equipment, provisions for emergency escape, requirements for
continuous-flow bulk raw grain dryers, and requirements for inside
bucket elevators. These provisions are intended to minimize the
possibility of igniting existing grain dust, to reduce the amount of
grain dust present, or to minimize other risks such as the threat of
engulfment to individuals who enter grain storage structures.
OSHA estimated in the Final Regulatory Impact Analysis for the
Grain Handling Standard that the rule would prevent 18 fatalities and
394 injuries annually. OSHA also estimated that the standard would have
annual costs of between $41 and $69 million (52 FR 49622; Dec. 1,
1987).
In a supplemental rulemaking in 1996 (61 FR 9578, March 8, 1996),
the Agency modified the language of the standard to clarify its intent
that certain employee protections be provided in all grain storage
structures, regardless of their dimensions. This amendment was expected
to have little or no impact on any grain elevators, regardless of size
(61 FR 9583; March 8, 1996).
At the present time, OSHA has selected the Grain Handling Standard
for review in accordance with the regulatorry review provisions at
Section 5 of Executive Order 12866 (58 FR 51735, 51739, Oct. 4, 1993)
and Section 610 of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). The purpose of the review is to determine whether the standard
should be continued without
[[Page 34140]]
change, rescinded, or amended to make it more effective or less
burdensome in achieving its objectives, to bring it into better
alignment with the objectives of Executive Order 12866, or to make it
more consistent with the objectives of the Regulatory Flexibility Act
to achieve regulatory goals while imposing as little burden as possible
on small employers. In the event the Agency determines, based on the
results of this review, that the rule should be rescinded or modified,
appropriate rulemaking will be initiated.
An important step in the review process involves the gathering and
analysis of information from affected persons about their experience
with the rule and any material changes in circumstances since issuance
of the rule. This notice requests written comments and announces public
meetings to provide opportunities for interested parties to comment on
the continuing need for, adequacy or inadequacy of, and small business
impacts of this rule. Comment concerning the following subjects would
assist the Agency in determing whether to retain the standard unchanged
or to initiate rulemaking for purposes of revision or rescission:
1. The benefits and utility of the rule in its current form and, if
amended, in its amended form;
2. The continued need for the rule;
3. The complexity of the rule;
4. Whether and to what extent the rule overlaps, duplicates, or
conflicts with other Federal, State, and local governmental rules;
5. Information of any new developments in technology, economic
conditions, or other factors affecting the ability of affected firms to
comply with the Grain Handling standard; and
6. Alternatives to the rule or portions of the rule that would
minimize significant impacts on small businesses while achieving the
objectives of the Occupational Safety and Health Act.
Authority: This document was prepared under the direction of
Charles N. Jeffress, Assistant Secretary of Labor for Occupational
Safety and Health, 200 Constitution Avenue, N.W., Washington, D.C.
20210.
Signed at Washington, D.C., this 15th day of June, 1998.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 98-16643 Filed 6-22-98; 8:45 am]
BILLING CODE 4510-26-M