[Federal Register Volume 67, Number 55 (Thursday, March 21, 2002)]
[Proposed Rules]
[Page 13117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6805]



[[Page 13117]]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1915

[Docket No. S-043; S-044; S-046; S-047; S-047a]
RIN 1218-AA68; 1218-AA70 \1\


Safety Standards in Shipyard Employment for Scaffolds; Welding, 
Cutting, and Heating; Access and Egress; and Fall Protection

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

ACTION: Withdrawal of proposed rules.

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SUMMARY: OSHA is withdrawing its proposed rules for Scaffolds in 
Shipyard Employment, Subpart N, Welding, Cutting and Heating in 
Shipyard Employment, Subpart D, Access and Egress in Shipyards, Subpart 
E, and Fall Protection for Shipyard Employment, Subpart M.
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    \1\ These RIN numbers correspond to the proposed rules for 
Scaffolds in Shipyard Employment, Subpart N and Access and Egress in 
Shipyards, Subpart E respectively. The proposed rules for Welding, 
Cutting and Heating in Shipyard Employment, Subpart D, and Fall 
Protection for Shipyard Employment, Subpart M no longer appear in 
OSHA's Semi-Annual Regulatory Agenda. These proposed rules were 
formally assigned RIN numbers 1218-AA73 and 1218-AA66 respectively.

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DATES: This withdrawal is effective on March 21, 2002.

FOR FURTHER INFORMATION CONTACT: Mr. Joseph V. Daddura, OSHA Office of 
Maritime Standards, N-3609, 200 Constitution Ave., NW, Washington, DC 
20210, telephone (202) 693-2086.

SUPPLEMENTARY INFORMATION:

Background

    On November 29, 1988, OSHA published proposed rules for Scaffolds 
in Shipyard Employment, Subpart N (53 FR 48182), Welding, Cutting and 
Heating in Shipyard Employment, Subpart D (53 FR 48111), Access and 
Egress in Shipyards, Subpart E (53 FR 48130), and Fall Protection for 
Shipyard Employment, Subpart M (53 FR 48168). The proposed rules 
intended to consolidate coverage of various shipyard hazards into one 
vertical standard.
    The proposed rule on scaffolds included general requirements for 
scaffold construction and use, updated requirements for fall protection 
and falling object protection, and provided specific requirements for 
certain types of scaffolds. OSHA received 14 comments in response to 
this proposed rule. See Exhibit 6 (Docket S-047). On April 12, 1994, 
OSHA reopened the rulemaking record to consider some additional issues, 
including the appropriateness of replacing the term ``capable person'' 
in the proposed rule with ``qualified person,'' the requirements for 
interior hung scaffolds, and the qualifications for persons performing 
scaffold inspections. 59 FR 17290 (April 12, 1994). OSHA received 8 
comments in response to this notice. See Ex. 9 (Docket S-047a).
    The proposed rule for welding, cutting, and heating included 
general requirements for engineering controls, work practices, and 
personal protective equipment. It also established general requirements 
for welding, cutting, and heating in hazardous environments such as 
hollow metal spaces and confined spaces. In addition, the proposal 
included specific requirements for oxyfuel gas welding and cutting, arc 
welding and cutting, and resistance welding. OSHA received 8 comments 
in response to this proposed rule. See Ex. 6 (Docket S-043).
    The proposed rule for access and egress included general 
requirements for means of access and egress, as well as specific 
requirements for access and egress on vessels, drydocks, cargo spaces, 
and other structures. OSHA received 5 comments in response to this 
proposed rule. See Ex. 6 (Docket S-044).
    The proposed rule for fall protection specified instances where 
fall protection systems would be required in the shipyard environment. 
It also set forth requirements for fall protection systems criteria, 
including requirements for guardrail systems, and safety net systems. 
OSHA received 13 comments in response to this proposed rule. See Ex. 6 
(Docket S-046).

Reasons for Withdrawal of Proposed Rules

    OSHA is withdrawing the proposed rules for the following reasons. 
First, OSHA is devoting its resources to higher priority shipyard 
standards. These important rulemakings include proposed standards for 
Fire Protection in Shipyard Employment, Subpart P, and General Working 
Conditions for Shipyard Employment, Subpart F. See OSHA Regulatory 
Agenda at 66 FR 61872 (Dec. 3, 2001).
    Second, there are technologies and developments in shipyard 
employment that have emerged over the last 14 years that are not 
reflected in the proposed rules and supporting economic analyses. For 
example, since 1988 the use of interior hung scaffolds in the shipyard 
industry has increased greatly. OSHA did not contemplate such 
widespread use of these scaffolds when it published the proposed rule 
on scaffolds in 1988. Indeed, the proposed rule on scaffolds only 
provides minimum requirements for the erection of interior hung 
scaffolds; it does not address the dismantling of such scaffolds or 
certain work practices that may affect the structural integrity of the 
scaffolds. In addition, the manner in which ships and other vessels are 
constructed has changed dramatically since 1988, especially in small 
shipyards. Most ships are now constructed in component parts and 
assembled in one location. This method of construction reduces the need 
for certain work practices, such as piece-by-piece welding. It also 
reduces the need for multiple craft work at a single location. OSHA did 
not envision such a change throughout the entire shipyard industry when 
it published the proposed rules. This change affects the need for the 
requirements in the proposed rules, as well as necessitating changes to 
the supporting economic analyses.
    Third, the rulemaking records for these proposed rules are 
particularly sparse. OSHA received only a few comments in response to 
each proposal. While most of these comments were helpful and 
informative, OSHA believes there is insufficient information in the 
rulemaking records upon which to regulate the specific conditions the 
proposals were intended to address.
    Accordingly, the proposed rules for (1) Scaffolds in Shipyard 
Employment, Subpart N, (2) Welding, Cutting and Heating in Shipyard 
Employment, Subpart D, (3) Access and Egress in Shipyards, Subpart E, 
and (4) Fall Protection for Shipyard Employment, Subpart M are 
withdrawn.

    Authority: This notice was prepared under the direction of John 
L. Henshaw, Assistant Secretary for Occupational Safety and Health. 
It is issued under sections 6 and 8 of the Occupational Safety and 
Health Act (29 U.S.C. 655, 657), 29 CFR 1911.11, and 29 CFR 1911.18.

    Issued at Washington, DC, this 11 day of March, 2002.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 02-6805 Filed 3-20-02; 8:45 am]
BILLING CODE 4510-26-M