[Federal Register Volume 71, Number 139 (Thursday, July 20, 2006)]
[Rules and Regulations]
[Pages 41127-41161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6327]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1926 and 1928

[Docket No. S-270-A]
RIN 1218-AC15


Roll-Over Protective Structures

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

ACTION: Final rule; corrections and technical amendments.

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SUMMARY: On December 29, 2005, OSHA published a direct final rule in 
the Federal Register reinstating its original construction and 
agriculture standards that regulate the testing of roll-over protective 
structures (``ROPS'') used to protect employees who operate wheel-type 
tractors. OSHA received one comment to the direct final rule; this 
comment recommended a number of clarifications to the original ROPS 
standards published in the direct final rule. In the present notice, 
the Agency is making corrections and technical amendments to the ROPS 
standards in response to this comment, as a result of editorial errors 
found in the ROPS standards published in the direct final rule, and to 
improve consistency among the figures generated for these standards. 
The Agency finds that these corrections and technical amendments do not 
change the substantive requirements of the ROPS standards.

DATES: The corrections and technical amendments specified by this 
rulemaking become effective on July 20, 2006.

FOR FURTHER INFORMATION CONTACT:
    Press inquiries: Kevin Ropp, OSHA Office of Communications, Room N-
3647, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210; telephone: (202) 693-1999.
    General and technical information: Matthew Chibbaro, Acting 
Director, Office of Safety Systems, Directorate of Standards and 
Guidance, Occupational Safety and Health Administration, U.S. 
Department of Labor, Room N-3609, 200 Constitution Avenue, NW., 
Washington, DC 20210; telephone (202) 693-2255.

SUPPLEMENTARY INFORMATION: On December 29, 2005, OSHA published a 
direct final rule in the Federal Register reinstating its original 
construction and agriculture standards that regulate the testing of 
roll-over protective structures (``ROPS'') used to protect employees 
who operate wheel-type tractors (see 70 FR 76979). The Agency received 
only one public comment (Ex. 3-1) on the direct final rule, which it 
determined was not a significant adverse comment. The commenter 
recommended several clarifications to the ROPS standards published in 
the direct final rule.
    The table below describes the clarifications recommended by the 
commenter who responded to the direct final rule, and OSHA's response 
to these recommendations. This response provides the Agency's rationale 
for accepting a recommendation or excluding it from further 
consideration. Accordingly, OSHA is making a number of corrections and 
technical amendments to the ROPS standards for construction (Sec.  
1926.1002) and agriculture (Sec. Sec.  1928.52 and 1928.53) based on 
the commenter's recommendations.

[[Page 41128]]



------------------------------------------------------------------------
             Recommendation                      OSHA's response
------------------------------------------------------------------------
Figure W-15:
     05T needs to be 0.5T and    OSHA added the decimal points
     09T needs to be 0.9T                 as recommended. However,
     (50 DEG  5       instead of revising ``DEG'' to
     DEG) (1270 plus/minus 127 mm)        ``INCHES,'' OSHA is replacing
     needs to be (50 inches plus/minus    the entire caption with ``45
     5 inches) (1270 plus/minus 127 mm).  in. min. (1143 mm)'' to make
     Path of travel should also   this figure consistent with
     state center of tractor.             Figure C-10. Regarding the
                                          third recommendation, OSHA is
                                          adding a caption to the figure
                                          indicating the center of the
                                          tractor on the path of travel.
                                          For consistency, OSHA added
                                          this caption as well to Figure
                                          C-10. However, this caption
                                          applies only to the linear
                                          center of the tractor, which
                                          does not necessarily represent
                                          the tractor's center of
                                          gravity.
------------------------------------------------------------------------
Figure W-16:
    Under 1926.1002(i)(1)(i), Dimension  OSHA is not making a change in
     D equals 2 inches (51 mm) inside     response to this comment.
     of the frame upright to the          Dimension D represents the
     vertical centerline of the seat.     minimum deflection from the
     However, because Dimension G is 24   true horizontal permitted
     inches (610 mm), Dimension D         during side-load testing,
     should be 12 inches (305 mm).        which must be at least 2
                                          inches (51 mm). Dimension G is
                                          the minimum design limit for
                                          the width of a ROPS (i.e., the
                                          ROPS must have a width of at
                                          least 24 inches). Therefore,
                                          the dimensions in Figure W-16
                                          are correct.
------------------------------------------------------------------------
Figure W-17:
    Under 1926.1002(i)(1)(i), Dimension  OSHA is not making a change in
     F equals not less than 0 inches (0   response to this comment.
     mm) and not more than 12 inches      Dimension F represents two
     (305 mm) measured at the             values: 12 inches is the pre-
     centerline of the seat backrest to   load design dimension and 0 is
     the crossbar along the line of       the maximum deflection
     load application. Clarify whether    permitted during rear-load
     the distance between the seat        testing (i.e., the distance
     backrest and the frame cannot be     between the two lines
     more than 12 inches after impact.    circumscribed by Dimension F
                                          can be no greater than 12
                                          inches during testing).
                                          Therefore, the dimensions in
                                          Figure W-17 are correct and
                                          clear.
------------------------------------------------------------------------
Figure W-18:
    Figure W-18 does not have any        OSHA is not making a change in
     dimension specifications or an       response to this comment. The
     explanation of what it is and what   figure legend states that the
     it does.                             figure represents a method for
                                          measuring instantaneous
                                          deflection, which is explained
                                          in Sec.   1926.1002(g)(1)(ii)
                                          and (g)(2)(v).
------------------------------------------------------------------------
Figure W-19:
     08Lmax needs to be          OSHA added the decimal point as
     0.8Lmax.                             recommended. However, OSHA is
     Load L, lb (kg) - Define     not revising ``Load L, lb
     as L = static load, lb (kg).         (kg)'' or ``Deflection D, in.
     Deflection D, in. (mm) -     (mm)'' because these terms are
     Define as D = deflection under L,    defined in the regulatory text
     in. (mm).                            at Sec.   1926.1002(j)(3).
------------------------------------------------------------------------
Figure W-20:
     EU = OQD/12 ft-lb - Add an  OSHA is not making a change in
     explanation that dividing by 12      response to this comment. OSHA
     converts [to] in-lb.                 does not believe it is
     Load L, lb (kg) - Define L   necessary to specifically
     = static load, lb (kg).              explain that dividing by 12
     Deflection D, in. (mm) -     converts ft-lbs to in-lbs. See
     Define D = deflection under L, in.   OSHA's response above for
     (mm).                                Figure W-19 regarding the
                                          comment on defining ``Load L,
                                          lb (kg)'' and ``Deflection D,
                                          in. (mm).''
------------------------------------------------------------------------
Figure W-21:
    Add the weight of the pendulum       OSHA is not making a change in
     (4,410 lbs (2,000 kg)) and the       response to this comment
     height of the pendulum (18-22 ft     because the information in the
     (5.5-6.7 m)) on the drawing.         figure is provided in Sec.
                                          1926.1002(h)(1)(ii).
------------------------------------------------------------------------
Figure W-24:
     Correct the first notation  OSHA is adding the decimal
     to read: H = 4.92 + 0.00190 W or     points in the notation ``H =
     H' = 125 + 0.107 W'.                 4.92 + 0.00190W or H' = 125 +
     Correct the second           0.107W','' as well as
     notation to read: W = tractor        correcting the second notation
     weight as specified by 29 CFR        to read ``W = tractor weight
     1926.1002(e)(1) and (e)(3), in lb.   as specified by 29 CFR
     (W', kg).                            1926.1002(e)(1) and (e)(3) in
                                          pounds (W' in kg).''
------------------------------------------------------------------------
Figures C-2, C-3, C-8, C-9, C-13, C-14,
 C-15, C-16:
    Define SRP as ``Seat Reference       OSHA is not making a change in
     Point.''                             response to this comment. Both
                                          1928.52(d)(iv) and
                                          1928.53(d)(iv) define this
                                          term, and OSHA believes these
                                          definitions are sufficient.
------------------------------------------------------------------------
Figure C-4:
    This drawing does not have any       See OSHA's response above for
     dimension specifications or an       Figure W-18. In this case, the
     explanation of what it is and what   method is explained in Sec.
     it does.                             Sec.   1928.52(d)(3)(i)(E) and
                                          1928.53(d)(3)(i)(E).
------------------------------------------------------------------------
Figure C-5:
     Load L, lb (kg) - Define    See OSHA's response above for
     as L = static load, lb (kg)          Figure W-19. In this case, the
     Deflection D, in. (mm) -     terms are defined in Sec.
     Define as D = deflection under L,    Sec.   1928(d)(2)(ii) and
     in. (mm).                            1928(d)(2)(ii).
------------------------------------------------------------------------
Figure C-6:
    Add the weight of the pendulum       See OSHA's response above for
     (4,410 lbs (2,000 kg)) and the       Figure W-21. In this case, the
     height of the pendulum (18-22 ft     information is provided in
     (5.5-6.7 m)) on the drawing.         Sec.  Sec.
                                          1928.52(d)(3)(i)(B) and
                                          1928.53(d)(3)(i)(B).
------------------------------------------------------------------------

[[Page 41129]]

 
Figure C-7:
     The second notation should  OSHA is substituting Figure W-
     read: W = tractor weight (see 29     24 for this figure, but is
     CFR 1928.51(a) in lb. (W', kg).      correcting the notation in the
     Clarify whether impact       new figure to read ``W =
     energy is in ft-lbs x 1000 instead   tractor weight as specified by
     of lb x 1000.                        29 CFR 1928.51(a) in pounds
                                          (W' in kg).'' This correction
                                          clarifies that impact energy
                                          is in ft-lbs.
------------------------------------------------------------------------
29 CFR 1928.53(d)(2)(ii):
    Revise the notation to read W =      OSHA is revising this notation
     Tractor weight (see 29 CFR           as recommended.
     1928.51(a)) in lb (W' in kg).
------------------------------------------------------------------------

    Other corrections and technical amendments. In addition to the 
revisions described in the table above, OSHA carefully reviewed the 
direct final rule and found that several additional corrections should 
be made to the original ROPS standards published in the direct final 
rule. In this regard, the Agency is making the following two 
corrections to Sec.  1926.1002(h)(1)(v): Correcting the typographical 
error in the first sentence from ``f'' to ``of''; and, in the second 
sentence, correcting the reference to Figure W-23 to ``Figure W-18.''
    A number of figures appear in the original ROPS standards. These 
figures are: W-14 through W-24 of Sec.  1926.1002; W-25 through W-28 of 
Sec.  1926.1003; C-1 through C-11 of Sec.  1928.52; and C-12 through C-
16 of Sec.  1928.53. After publishing the direct final rule for ROPS in 
the Federal Register (70 FR 76979), the Agency reproduced the figures 
in these ROPS standards using state-of-the-art computer-design 
technology to obtain images that are clearer and more comprehensible 
than the images used in the direct final rule. Therefore, OSHA is 
replacing the figures published in the direct final rule with these 
newly generated figures.
    In the process of generating the new figures, the Agency made 
stylistic, editorial, and technical corrections to them. The following 
table describes the technical corrections made to the figures.

------------------------------------------------------------------------
              Figures                            Correction
------------------------------------------------------------------------
W-15..............................  Added the same legend as the legend
                                     to Figure C-10; added the caption
                                     ``CENTER OF TRACTOR'' as in Figure
                                     C-10.
C-4...............................  Replaced the legend with the legend
                                     to Figure W-18.
C-5...............................  Substituted Figure W-19 for this
                                     figure.
C-6...............................  Added the phrase ``PIN MARKING
                                     POSITION OF'' to the caption
                                     ``CENTER OF GRAVITY'' as in Figure
                                     W-21.
C-7...............................  Substituted Figure W-24 for this
                                     figure.
C-8, C-15, and W-22...............  Revised the caption addressing the
                                     beam under the tractor to read,
                                     ``BEAM CLAMPED IN FRONT OF BOTH
                                     REAR WHEELS AFTER ANCHORING, 6 IN.
                                     (15 CM) SQUARE.''
C-10..............................  Added the captions ``PATH OF
                                     TRAVEL'' and ``RAMP'' as in Figure
                                     W-15; added the phrase ``TEST
                                     TRACTOR'' to the caption ``REAR
                                     WHEEL TREAD'' as in Figure W-15.
------------------------------------------------------------------------

    Exemption from notice and comment procedures. OSHA has determined 
that the corrections and technical amendments made by this rulemaking 
are not subject to the procedures for public notice-and-comment 
rulemaking specified under Section 4 of the Administrative Procedure 
Act (5 U.S.C. 553), or Section 6(b) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655(b)), because these corrections and 
technical amendments do not affect the substantive requirements or 
coverage of the ROPS standards for the construction and agriculture 
industries. This rulemaking does not modify or revoke existing rights 
and obligations, and new rights and obligations have not been 
established by this rulemaking. Under this rulemaking, the Agency is 
merely correcting or clarifying the existing regulatory requirements of 
the ROPS standards. Therefore, OSHA finds that public notice-and-
comment procedures are unnecessary within the meaning of 5 U.S.C. 
553(b)(3)(B) and Sec.  1911.5.

List of Subjects

29 CFR Part 1926

    Construction industry, Motor vehicle safety, Occupational safety 
and health.

29 CFR Part 1928

    Agriculture, Motor vehicle safety, Occupational safety and health.

Authority and Signature

    This document was prepared under the direction of Edwin G. Foulke, 
Jr., Assistant Secretary of Labor for Occupational Safety and Health, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210. The Agency is issuing this notice under the following 
authorities: Sections 4, 6, and 8 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 653, 655, 657); Section 3704 of the Contract 
Work Hours and Safety Standards Act (40 U.S.C. 3701 et seq.); Secretary 
of Labor's Order 5-2002 (67 FR 65008); and 29 CFR part 1911.

    Signed at Washington, DC on July 12, 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.

 Amended Standards

0
Based on the explanations provided by the preamble to this document, 
OSHA is amending 29 CFR parts 1926 and 1928 as follows:

PART 1926--[AMENDED]

Subpart W--[Amended]

0
1. The authority citation for subpart W of part 1926 continues to read 
as follows:

    Authority: Section 3704 of the Contract Work Hours and Safety 
Standards Act (40 U.S.C. 3701); Sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); and 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), 6-96 (62 FR 
111), 3-2000 (65 FR 50017), or 5-2002 (67 FR 65008), as applicable.

0
2. Revise paragraph (h)(1)(v) of Sec.  1926.1002 to read as follows:

[[Page 41130]]

Sec.  1926.1002  Protective frames (roll-over protective structures, 
known as ROPS) for wheel-type agricultural and industrial tractors used 
in construction.

* * * * *
    (h) * * *
    (1) * * *
    (v) Means shall be provided for indicating the maximum 
instantaneous deflection along the line of impact. A simple friction 
device is illustrated in Figure W-18.
* * * * *

0
3. In Appendix A to subpart W, remove existing Figures W-14 through W-
28 and add in their place new Figures W-14 through W-28. [insert 
figures W-14 through W-28]
* * * * *

PART 1928--[AMENDED]

Subpart C--[Amended]

0
4. The authority citation to part 1928 continues to read as follows:
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    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); and 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), 6-96 (62 FR 111), 3-2000 (65 FR 50017) 
or 5-2002 (67 FR 65008) as applicable; and 29 CFR part 1911.
    Section 1928.21 also issued under Section 29, Hazardous 
Materials Transportation Uniform Safety Act of 1990 (Pub. L. 101-
615, 104 Stat. 3244 (49 U.S.C. 1801-1819 and 5 U.S.C. 553)).


0
5. Revise paragraph (d)(2)(ii) of Sec.  1928.53 to read as follows:


Sec.  1928.53  Protective enclosures for wheel-type agricultural 
tractors--test procedures and performance requirements.

* * * * *
    (d) * * *
    (2) * * *
    (ii) The following definitions shall apply:


[[Page 41146]]


W = Tractor weight (see 29 CFR 1928.51(a)) in lb (W ' in kg);
Eis = Energy input to be absorbed during side loading in ft-lb (E 
'is in J [joules]);
Eis = 723 + 0.4 W (E 'is = 100 + 0.12 W ');
Eir = Energy input to be absorbed during rear loading in ft-lb (E 
'ir in J);
Eir = 0.47 W (E 'ir = 0.14 W ');
L = Static load, lbf [pounds force], (N) [newtons];
D = Deflection under L, in. (mm);
L-D = Static load-deflection diagram;
Lmax = Maximum observed static load;
Load Limit = Point on a continuous L-D curve where the observed 
static load is 0.8 Lmax on the down slope of the curve (see Figure 
C-5);
Eu = Strain energy absorbed by the protective enclosure in ft-lbs 
(J); area under the L-D curve;
FER = Factor of energy ratio;
FERis = Eu/Eis; and
FERir = Eu/Eir.
* * * * *

0
6. In Appendix B to subpart C, remove existing Figures C-1 through C-16 
and add in their place new Figures C-1 through C-16.
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* * * * *
[FR Doc. 06-6327 Filed 7-19-06; 8:45 am]
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