[Federal Register Volume 66, Number 67 (Friday, April 6, 2001)]
[Rules and Regulations]
[Pages 18191-18192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8648]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. H-052G]
RIN 1218-AB90


Occupational Exposure to Cotton Dust

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

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: On December 7, 2000, OSHA issued a direct final rule amending 
its occupational health standard for Cotton Dust (29 CFR 1910.1043) to 
add cotton washed in a batch kier system to the other types of washed 
cotton that are partially exempt from the cotton dust standard (65 FR 
76563). That rule followed the recommendation of the Task Force for 
Byssinosis Prevention, which studied the health effects associated with 
the processing and use of washed cotton. OSHA has concluded that this 
amendment is not controversial. It created no new requirements for 
industry but did provide an additional protective option for employers 
to achieve partial exemption from the cotton dust standard.
    OSHA stated in the December 7, 2000 Federal Register Notice that it 
would withdraw the amendment if negative comments were received within 
60 days of publication of the notice. No comments were received. 
Accordingly, OSHA is confirming the effective date of the amendment, 
which will permanently amend the Cotton Dust Standard (29 CFR 
1910.1043).

DATES: The amendment is effective April 6, 2001.

ADDRESSES: In compliance with 28 U.S.C. 2112(a), petitions for review 
of this amendment should be sent to the Associate Solicitor for 
Occupational Safety and Health; Office of the Solicitor, U.S. 
Department of Labor, Room S-4004; 200 Constitution Avenue, NW., 
Washington, DC 20210.
    For additional copies of the amendment or this publication contact 
OSHA, Office of Publications, Room N-3101; 200 Constitution Avenue, 
NW., Washington, DC 20210; telephone (202) 693-1883, Fax (202) 693-
2448.

FOR FURTHER INFORMATION CONTACT: Direct press inquiries to: Bonnie 
Friedman, Director, Office of Information and Consumer Affairs, OSHA, 
U.S. Department of Labor, Rm. N3637, 200 Constitution Avenue, NW., 
Washington, DC 20210, telephone (202) 693-1999, Fax (202) 693-1634. 
Direct technical inquiries to: Dr. Steven Bayard, Director of the 
Office of Risk Assessment, Occupational Safety and Health 
Administration, U.S. Department of Labor, Room N3718, 200 Constitution 
Avenue, NW., Washington, DC 20210, telephone (202) 693-2275.

SUPPLEMENTARY INFORMATION: On December 7, 2000, at 65 FR 76563, OSHA 
issued a direct final rule amending paragraph (n) of 29 CFR 1910.1043, 
the cotton dust standard. The amendment added one additional method of 
washing raw cotton, the batch kier method, to the washing methods 
covered employers may use to achieve partial exemption from the cotton 
dust standard. Other methods of achieving partial exemption had been 
added to the standard in 1985.
    Washing raw cotton following certain specific protocols 
substantially reduces or eliminates the ability of that cotton to cause 
byssinosis in textile workers when the cotton is opened, spun or woven. 
See the December 7, 2000 Federal Register document for the regulatory 
text of the amendment and a complete discussion.
    OSHA finds that this amendment is not controversial. The amendment 
is supported by extensive scientific research and is recommended by the 
Task Force for Byssinosis Prevention, formerly known as the Industry/
Government/Union Task Force for Washed Cotton Evaluation. It is also 
supported by the National Cotton Council, the American Textile 
Manufacturers Institute, the National Institute for Occupational Safety 
and Health, the U.S. Department of Agriculture and the Union of 
Needletrades, Industrial and Textile Employees.
    The washed cotton issue was raised when OSHA reviewed the Cotton 
Dust Standard pursuant to the ``Lookback Review'' requirements of 
Section 610 of the Regulatory Flexibility Act. OSHA conducted this 
review in 1998 and 1999 and issued a report in 2000. That review 
involved requesting comments on the Cotton Dust Standard in the Federal 
Register and holding public meetings. All comments received in the 
``Lookback Review'' on extending the washed cotton exemption were 
supportive.
    OSHA finds that it is appropriate to issue this amendment by direct 
final rule. The amendment provides an additional method for the textile 
industry to achieve a partial exemption from the cotton dust standard 
but does so without in any way diminishing the protections provided to 
workers. Textile employers may continue to comply with the standard's 
existing requirements if they do not find the batch kier method of 
washing cotton more cost-effective than compliance with the full 
standard or utilizing other permitted washing methods.
    OSHA provided the public 60 days to comment on the amendment and 
stated that it would withdraw the rule if negative comments were 
received. No such comments were received.
    OSHA also stated it would publish a Federal Register document to 
either confirm the effective date or withdraw the amendment. Because no 
comments have been received, OSHA is publishing this document to 
confirm April 6, 2001 as the effective date of this amendment.

[[Page 18192]]

This document has been reviewed and approved by the Department of Labor 
pursuant to the Regulatory Review Plan of January 20, 2001.

    Authority: This document was prepared under the direction of R. 
Davis Layne, Acting Assistant Secretary of Labor for Occupational 
Safety and Health, 200 Constitution Avenue, NW., Washington, DC 
20210.

    This action is taken pursuant to sections 4, 5, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657), Section 4 of the Administrative Procedure Act (5 U.S.C. 553), 
Secretary of Labor's Order No. 3-2000 (65 FR 50017, August 16, 2000) 
and 29 CFR part 1911.

    Signed at Washington, DC this 4th day of April, 2001.
R. Davis Layne,
Acting Assistant Secretary of Labor.
[FR Doc. 01-8648 Filed 4-5-01; 8:45 am]
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