[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Proposed Rules]
[Pages 60932-60934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17125]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1915

[Docket No. S-051A]
RIN 1218-AC16


Updating National Consensus Standards in OSHA's Standard for Fire 
Protection in Shipyard Employment.

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

[[Page 60933]]


ACTION: Proposed rule.

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SUMMARY: On September 15, 2004, the Occupational Safety and Health 
Administration (OSHA) issued a new fire protection final rule for 
shipyards that incorporated by reference 19 National Fire Protection 
Association (NFPA) standards. Ten of those NFPA standards had been 
updated by NFPA since the fire protection rule was proposed and an 
additional NFPA standard has been updated since the final rule was 
published. In today's Federal Register, OSHA is publishing a direct 
final rule (DFR) replacing the references to the 11 older NFPA 
standards in OSHA's fire protection standard for shipyards with their 
most recent versions.
    If OSHA does not receive significant adverse comment on the DFR, 
the updated versions of the NFPA standards will replace their older 
versions in OSHA's fire protection standard for shipyards on the 
effective date stated in the DFR. If significant adverse comment on the 
updated versions is received, OSHA will withdraw the DFR and proceed 
with rulemaking on this proposed rule. However, if significant adverse 
comments are received regarding certain provisions included in the DFR, 
but not others, OSHA may finalize those changes that did not receive 
significant adverse comment, and conduct further rulemaking under the 
proposed rule for the changes that did receive significant adverse 
comment. A subsequent Federal Register document will be published to 
announce OSHA's action.

DATES: Comments and requests for a hearing on this proposed rule must 
be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or sent) by 
November 16, 2006. Electronic transmission and facsimile: Your comments 
must be sent by November 16, 2006.

ADDRESSES: You may submit written comments to this proposed rule--
identified by docket number S-051A or RIN number 1218-AC16--by any of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     OSHA Web site: http://ecomments.osha.gov. Follow the 
instructions for submitting comments on OSHA's Web page.
     Fax: If your written comments are 10 pages or fewer, you 
may fax them to the OSHA Docket Office at (202) 693-1648.
     Regular mail, express delivery, hand delivery, and courier 
service: Submit three copies to the OSHA Docket Office, Docket No. S-
051A, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-
2625, Washington, DC 20210; telephone (202) 693-2350. (OSHA's TTY 
number is (877) 889-5627). OSHA Docket Office hours of operation are 
8:15 a.m. to 4:45 p.m., EST.

FOR FURTHER INFORMATION: For general information and press inquiries, 
contact Kevin Ropp, Director, OSHA Office of Communications, Room N-
3647, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210; telephone: (202) 693-1999. For technical 
inquiries, contact Jim Maddux, Director, Office of Maritime, 
Directorate of Standards and Guidance, Room N-3609, OSHA, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210; telephone: (202) 693-2086 or fax (202) 693-1663. Copies of this 
Federal Register notice are available from the OSHA Office of 
Publications, Room N-3101, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210; telephone: (202) 693-1888. 
Electronic copies of this Federal Register notice, as well as news 
releases and other relevant documents, are available at OSHA's Web page 
at http://www.osha.gov.
    For access to the docket to read background documents or comments 
received, go to: http://dockets.osha.gov. Contact the OSHA Docket 
Office for information about materials not available through the OSHA 
Web page and for assistance in using the Web page to locate docket 
submissions.

SUPPLEMENTARY INFORMATION:

I. Background

    This proposal applies to shipyard employment. It updates NFPA 
standards incorporated by reference in the shipyard fire protection 
standard issued by OSHA on September 15, 2004 by replacing the older 
versions of NFPA consensus standards with the most current versions (69 
FR 55668). A complete discussion of the NFPA standards, a comparison of 
the older standards and the newer standards, along with the economic 
analysis, and paperwork and state plan discussions are published in the 
preamble to the DFR, which is also published in the final rule section 
of today's Federal Register.

II. Public Participation

    OSHA requests comments on all issues related to this action. OSHA 
also welcomes comments on the Agency's findings that there are not 
negative economic or other regulatory impacts of this action on the 
regulated community. If OSHA receives no significant adverse comment, 
OSHA will publish a Federal Register document confirming the effective 
date contained in the companion DFR published in today's Federal 
Register and withdrawing this proposed rule. Such confirmation may 
include minor stylistic or technical changes to the document. A full 
discussion of the nature of a significant adverse comment is contained 
in the companion DFR.
    If OSHA receives significant adverse comment on the changes 
contained in the companion DFR, OSHA will withdraw the DFR and proceed 
with this proposed rule by addressing comments and publishing a new 
final rule. If a significant adverse comment is received regarding 
certain revisions included in the DFR, but not others, OSHA may (1) 
Finalize those changes that did not receive significant adverse 
comment, and (2) conduct further rulemaking under this proposed rule 
for the changes that did receive significant adverse comment.
    Comments received will be posted without change to http://dockets.osha.gov, including any personal information provided. OSHA 
cautions you about submitting personal information such as social 
security numbers and birth dates.

III. List of Subjects for 29 CFR Part 1915

    Fire protection, Hazardous substances, Incorporation by reference, 
Longshore and harbor workers, Occupational safety and health, Reporting 
and recordkeeping requirements, Shipyards, and Vessels.

IV. 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. It is issued pursuant to sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), 
Secretary of Labor's Order 5-2002, and 29 CFR part 1911.

    Signed at Washington, DC this 5th day of October, 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.

Proposed Amendments to Standards

    OSHA is proposing to amend Part 1915 of Title 29 of the Code of 
Federal Regulations as set forth below:

[[Page 60934]]

PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD 
EMPLOYMENT

    1. The authority citation for part 1915 continues to read as 
follows:

    Authority: Sec. 41, Longshore and Harbor Workers' Compensation 
Act (33 U.S.C. 941); secs. 4, 6, and 8 of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 653, 655, 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), 6-96 (62 FR 111), 3-2000 (65 FR 
50017), or 5-2002 (67 FR 65008) as applicable; 29 CFR Part 1911.

    2. Amend Sec.  1915.5 to revise paragraphs (d)(4)(i), (vi) through 
(x), and (xiii) through (xviii) and by removing paragraph (d)(4)(xix) 
to read as follows:


Sec.  1915.5  Incorporation by reference.

* * * * *
    (d) * * *
    (4) * * *
    (i) NFPA 1981-2002 Standard on Open-Circuit Self-Contained 
Breathing Apparatus for Fire and Emergency Services, IBR approved for 
Sec.  1915.505(e)(3)(v).
* * * * *
    (vi) NFPA 10-2002 Standard for Portable Fire Extinguishers, IBR 
approved for Sec. Sec.  1915.507(b)(1) and (b)(2).
    (vii) NFPA 14-2003 Standard for the Installation of Standpipe and 
Hose Systems, IBR approved for Sec. Sec.  1915.507(b)(2) and (d)(1).
    (viii) NFPA 72-2002 National Fire Alarm Code, IBR approved for 
Sec.  1915.507(c)(6).
    (ix) NFPA 13-2002 Standard for the Installation of Sprinkler 
Systems, IBR approved for Sec.  1915.507(d)(2).
    (x) NFPA 750-2003 Standard on Water Mist Fire Protection Systems, 
IBR approved for Sec.  1915.507(d)(2).
* * * * *
    (xiii) NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion 
Foam, IBR approved for Sec.  1915.507(d)(3).
    (xiv) NFPA 17-2002, Standard for Dry Chemical Extinguishing 
Systems, IBR approved for Sec.  1915.507(d)(4).
    (xv) NFPA 12-2005, Standard on Carbon Dioxide Extinguishing 
Systems, IBR approved for Sec.  1915.507(d)(5).
    (xvi) NFPA 12A-2004, Standard on Halon 1301 Fire Extinguishing 
Systems, IBR approved for Sec.  1915.507(d)(5).
    (xvii) NFPA 2001-2004, Standard on Clean Agent Fire Extinguishing 
Systems, IBR approved for Sec.  1915.507(d)(5).
    (xviii) NFPA 1403-2002, Standard on Live Fire Training Evolutions, 
IBR approved for Sec.  1915.508(d)(8).
    3. Amend Sec.  1915.505 to revise paragraph (e)(3)(v), to read as 
follows:


Sec.  1915.505  Fire response.

* * * * *
    (e) * * *
    (3) * * *
    (v) Provide only SCBA that meet the requirements of NFPA 1981-2002 
Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire 
and Emergency Services (incorporated by reference, see Sec.  1915.5); 
and
* * * * *
    4. Amend Sec.  1915.507 to revise paragraphs (b)(1), (b)(2), 
(c)(6), (d)(1), (d)(2), (d)(3), and (d)(5) to read as follows:


Sec.  1915.507  Land-side fire protection system.

* * * * *
    (b) * * *
    (1) The employer must select, install, inspect, maintain, and test 
all portable fire extinguishers according to NFPA 10-2002 Standard for 
Portable Fire Extinguishers (incorporated by reference, see Sec.  
1915.5).
    (2) The employer is permitted to use Class II or Class III hose 
systems, in accordance with NFPA 10-2002 (incorporated by reference, 
see Sec.  1915.5), as portable fire extinguishers if the employer 
selects, installs, inspects, maintains, and tests those systems 
according to the specific recommendations in NFPA 14-2003 Standard for 
the Installation of Standpipe and Hose Systems (incorporated by 
reference, see Sec.  1915.5).
    (c) * * *
    (6) Select, install, inspect, maintain, and test all automatic fire 
detection systems and emergency alarms according to NFPA 72-2002 
National Fire Alarm Code (incorporated by reference, see Sec.  1915.5)
    (d) * * *
    (1) Standpipe and hose systems according to NFPA 14-2003 Standard 
for the Installation of Standpipe and Hose Systems (incorporated by 
reference, see Sec.  1915.5);
    (2) Automatic sprinkler systems according to NFPA 25-2002 Standard 
for the Inspection, Testing, and Maintenance of Water-based Fire 
Protection Systems, (incorporated by reference, see Sec.  1915.5), and 
either (i) NFPA 13-2002 Standard for the Installation of Sprinkler 
Systems (incorporated by reference, see Sec.  1915.5), or (ii) NFPA 
750-2003 Standard on Water Mist Fire Protection Systems (incorporated 
by reference, see Sec.  1915.5);
    (3) Fixed extinguishing systems that use water or foam as the 
extinguishing agent according to NFPA 15-2001 Standard for Water Spray 
Fixed Systems for Fire Protection (incorporated by reference, see Sec.  
1915.5) and either NFPA 11-2005 Standard for Low-, Medium-, and High-
Expansion Foam (incorporated by reference, see Sec.  1915.5);
* * * * *
    (5) Fixed extinguishing systems using gas as the extinguishing 
agent according to NFPA 12-2005 Standard on Carbon Dioxide 
Extinguishing Systems (incorporated by reference, see Sec.  1915.5); 
NFPA 12A-2004 Standard on Halon 1301 Fire Extinguishing Systems 
(incorporated by reference, see Sec.  1915.5); and NFPA 2001-2004 
Standard on Clean Agent Fire Extinguishing Systems (incorporated by 
reference, see Sec.  1915.5).

[FR Doc. E6-17125 Filed 10-16-06; 8:45 am]
BILLING CODE 4510-26-P