[Federal Register Volume 76, Number 233 (Monday, December 5, 2011)]
[Proposed Rules]
[Pages 75840-75844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30654]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. OSHA-2011-0183]
RIN 1218-AC64


Revising Standards Referenced in the Acetylene Standard

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

ACTION: Notice of proposed rulemaking; request for comments.

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SUMMARY: In this notice of proposed rulemaking, the Agency is proposing 
to revise its Acetylene Standard for general industry by updating a 
reference to a standard published by a standards developing 
organization (``SDO standards''). OSHA also is publishing a direct 
final rule in today's Federal Register taking this same action. This 
rulemaking is a continuation of OSHA's ongoing effort to update 
references to SDO standards used throughout its rules.

DATES: Submit comments to this proposed rule (including comments to the 
information-collection (paperwork) determination described under the 
section titled Procedural

[[Page 75841]]

Determinations), hearing requests, and other information by January 4, 
2012. All submissions must bear a postmark or provide other evidence of 
the submission date. (The following section titled ADDRESSES describes 
methods available for making submissions.)

ADDRESSES: Submit comments, hearing requests, and other information as 
follows:
     Electronic: Submit comments electronically to http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow 
the instructions online for submitting comments.
     Facsimile: OSHA allows facsimile transmission of comments 
and hearing requests that are 10 pages or fewer in length (including 
attachments). Send these documents to the OSHA Docket Office at (202) 
693-1648; OSHA does not require hard copies of these documents. Instead 
of transmitting facsimile copies of attachments that supplement these 
documents (e.g., studies, journal articles), commenters must submit 
these attachments to the OSHA Docket Office, Technical Data Center, 
Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW., 
Washington, DC 20210. These attachments must clearly identify the 
sender's name, date, subject, and docket number (OSHA-2011-0183) so 
that the Agency can attach them to the appropriate document.
     Regular mail, express delivery, hand (courier) delivery, 
and messenger service: Submit comments and any additional material 
(e.g., studies, journal articles) to the OSHA Docket Office, Docket No. 
OSHA-2011-0183 or Regulation Identification Number (RIN) 1218-AC08, 
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 
Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693-2350. 
(OSHA's TTY number is (877) 889-5627.) Note that security-related 
procedures may result in significant delays in receiving comments and 
other written materials by regular mail. Please contact the OSHA Docket 
Office for information about security procedures concerning delivery of 
materials by express delivery, hand delivery, and messenger service. 
The hours of operation for the OSHA Docket Office are 8:15 a.m. to 4:45 
p.m., e.t.
     Instructions: All submissions must include the Agency name 
and the OSHA docket number (OSHA-2011-0183). OSHA will place comments 
and other material, including any personal information, in the public 
docket without revision, and these materials will be available online 
at http://www.regulations.gov. Therefore, the Agency cautions 
commenters about submitting statements they do not want made available 
to the public, or submitting comments that contain personal information 
(either about themselves or others) such as Social Security numbers, 
birth dates, and medical data.
     Docket: The electronic docket for this NPRM established at 
http://www.regulations.gov lists most of the documents in the docket. 
However, some information (e.g., copyrighted material) is not publicly 
available to read or download through this Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. Contact the OSHA Docket Office for 
assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT: Press inquiries: Contact Frank 
Meilinger, 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: Contact Ted Twardowski, Office 
of Safety Systems, Directorate of Standards and Guidance, Room N-3609, 
OSHA, U.S. Department of Labor, 200 Constitution Avenue NW., 
Washington, DC 20210; telephone: (202) 693-2255; fax: (202) 693-1663.

SUPPLEMENTARY INFORMATION:
    Copies of this Federal Register notice: Electronic copies of this 
Federal Register notice are available at http://www.regulations.gov. 
This notice, as well as news releases and other relevant information, 
also are available at OSHA's Web page at http://www.osha.gov.

Table of Contents

I. Background
II. Direct Final Rulemaking
    A. General
    B. Relationship Between This Direct Final Rule and the Companion 
Proposed Rule
    C. Request for Comment
III. Summary and Explanation of Revisions to the Acetylene Standard
IV. Procedural Determinations
    A. Legal Considerations
    B. Final Economic Analysis and Regulatory Flexibility Act 
Certification
    C. OMB Review Under the Paperwork Reduction Act of 1995
    D. Federalism
    E. State Plan States
    F. Unfunded Mandates Reform Act of 1995
    G. Public Participation
V. Authority and Signature

I. Background

    This action is part of a rulemaking project instituted by the 
Occupational Safety and Health Administration (``OSHA'' or ``the 
Agency'') to update OSHA standards that reference or include language 
from outdated standards published by standards developing organizations 
(``SDO standards'') (69 FR 68283). A SDO standard referenced in OSHA's 
Acetylene Standard (29 CFR 1910.102) is among the SDO standards that 
the Agency identified for revision.
    OSHA adopted the original Acetylene Standard in 1974 pursuant to 
Section 6(a) of the Occupational Safety and Health Act of 1970 (OSH 
Act; 29 U.S.C. 651, 655). This section allowed OSHA, during the first 
two years after passage of the OSH Act, to adopt existing Federal and 
national consensus standards as OSHA safety and health standards, 
including the Acetylene Standard.
    On August, 11, 2009, OSHA published a direct final rule (DFR) and 
an accompanying notice of proposed rulemaking (NPRM) that updated 
references to recognize the latest edition of the Compressed Gas 
Association standard, CGA G-1-2003, in the Acetylene Standard. See 74 
FR 40442 and 74 FR 40450, respectively. OSHA received no adverse 
comments on the DFR, and it became effective on November 9, 2009. See 
74 FR 57883.
    The Compressed Gas Association published a new edition of CGA G-1 
in June 2009. OSHA did not include the CGA G-1-2009 in the DFR because 
that edition was not available to OSHA prior to publication of the DFR. 
However, three of the eight comments received on the DFR (Exs. OSHA-
2008-0034-0017, -0010, and -0022) recommended that the Agency reference 
CGA G-1-2009 instead of the 2003 edition. This NPRM would remove CGA G-
1-2003 from the existing Acetylene Standard and replace it with CGA G-
1-2009.

II. Direct Final Rulemaking

A. General

    In a direct final rulemaking, an agency publishes a DFR in the 
Federal Register along with a statement that the rule will become 
effective unless the agency receives a significant adverse comment 
within a specified period. An agency uses direct final rulemaking when 
it anticipates the rule will be non-controversial. The agency 
concurrently publishes a proposed rule that is essentially identical to 
the DFR. If the agency receives no significant adverse comments in 
response to the DFR, the rule goes into effect. If, however, the agency 
receives significant adverse comment within the specified period, the 
agency withdraws the DFR and

[[Page 75842]]

treats the comments as submissions on the proposed rule.
    OSHA is using a DFR in this rulemaking because it expects the rule 
to: Be noncontroversial; provide protection to employees that is at 
least equivalent to the protection afforded to them by the outdated 
standard; and impose no significant new compliance costs on employers 
(69 FR 68283, 68285). OSHA used DFRs previously to update or, when 
appropriate, revoke references to outdated national SDO standards in 
OSHA rules (see, e.g., 69 FR 68283, 70 FR 76979, and 71 FR 80843).
    For purposes of this rulemaking, a significant adverse comment is 
one that explains why the rule would be inappropriate, including 
challenges to the rule's underlying premise or approach. In determining 
whether a comment necessitates withdrawal of the DFR, OSHA will 
consider whether the comment raises an issue serious enough to warrant 
a substantive response in a notice-and-comment process. OSHA will not 
consider a comment recommending an addition to the rule to be a 
significant adverse comment unless the comment states why the DFR would 
be ineffective without the addition. If OSHA receives a timely 
significant adverse comment, the Agency will publish a Federal Register 
notice withdrawing the DFR no later than February 3, 2012.
    OSHA preliminarily determined that updating and replacing the SDO 
standard in the Acetylene Standard is appropriate for direct final 
rulemaking. First, the revision made to the Acetylene Standard will not 
compromise the safety of employees, and instead enhances employee 
protection. As described below, the revision will make the requirements 
of OSHA's Acetylene Standard consistent with current industry 
practices, thereby eliminating confusion and clarifying employer 
obligations, which will increase employee safety by encouraging 
compliance. Furthermore, bringing the Acetylene Standard in line with 
industry practice will not produce additional costs for employers, and 
may reduce compliance costs. Finally, the revision is non-controversial 
because it merely updates the SDO standard referenced in the rule to 
the most current version of that standard.

B. Relationship Between This Proposed Rule and the Companion Direct 
Final Rule

    This NPRM is the companion document to a direct final rule (DFR) 
also published in today's Federal Register. If OSHA receives no 
significant adverse comment on the DFR, it will publish a Federal 
Register document confirming the effective date of the DFR and 
withdrawing this NPRM. The confirmation may include minor stylistic or 
technical corrections to the DFR. For the purpose of judicial review, 
OSHA considers the date that it confirms the effective date of the DFR 
to be the date of issuance. However, if OSHA receives significant 
adverse comment on the DFR, it will publish a timely withdrawal of the 
DFR and proceed with this NPRM, which addresses.

C. Request for Comment

    OSHA requests comments on all issues related to this rulemaking, 
including economic or other regulatory impacts of this action on the 
regulated community. OSHA will consider all of the comments, and the 
comments will become part of the record.
    the same revisions to the Acetylene Standard.

III. Summary and Explanation of Revisions to the Acetylene Standard

    This NPRM would update the SDO standard referenced in paragraph 
1910.102(a) of the Acetylene Standard. To ensure that employers have 
access to the latest safety requirements for managing acetylene, this 
NPRM would adopt the requirements specified in the most recent, 2009, 
edition of the SDO standard, CGA G-1-2009. The following discussion 
provides a summary of the revisions OSHA is proposing for paragraph (a) 
of the Acetylene Standard.
    For paragraph (a) of Sec.  1910.102 (Cylinders), this NPRM would 
replace the reference to the 2003 edition of CGA Pamphlet G-1 
(``Acetylene'') (Ex. OSHA-2008-0034-0006) with the most recent (2009) 
edition of that standard, also entitled ``Acetylene'' (Ex. OSHA-2011-
0183-0003). In reviewing CGA G1-2009, the Agency prepared a side-by-
side comparison of the 2009 and 2003 editions (Ex. OSHA-2011-0183-
0004). OSHA found minor changes to the titles of CGA reports referenced 
in paragraph 4 of section 3.2 (Physical and chemical properties) and 
section 4.2 (Valves); these changes are not substantive. In section 4.5 
(Marking and labeling), CGA also provides additional guidance 
clarifying Department of Transportation labeling regulations, and 
labeling requirements for transporting acetylene in Canada. The Agency 
preliminarily determined that this information provides guidance only, 
and, therefore, would impose no additional burden on employers. Lastly, 
OSHA identified an addition to the note in section 5.2 (Rules for 
storing acetylene) that designates as ``in service'' single cylinders 
of acetylene and oxygen located at a work station (e.g., chained to a 
wall or building column, secured on a cylinder cart). The Agency 
preliminarily determined that this change is consistent with current 
industry practice, and, consequently, would not increase employers' 
burden.\1\
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    \1\ In its comments to the 2009 DFR revising OSHA's Acetylene 
Standard, CGA made the following statement regarding the addition to 
this note: ``CGA does not envision a hardship or economic burden on 
the industry nor any reduction in industrial safety as a result of 
this change.''
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    OSHA believes that the provisions of CGA G-1-2009 are consistent 
with the usual and customary practice of employers in the industry, and 
preliminarily determined that incorporating CGA G-1-2009 into paragraph 
(a) of Sec.  1910.102 would not add compliance burden for employers. 
OSHA invites the public to comment on whether the revisions proposed 
for the Acetylene Standard represent current industry practice.

IV. Procedural Determinations

A. Legal Considerations

    The purpose of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 651 et seq.), is ``to assure so far as possible every working 
man and woman in the nation safe and healthful working conditions and 
to preserve our human resources.'' 29 U.S.C. 651(b). To achieve this 
goal, Congress authorized the Secretary of Labor to promulgate and 
enforce occupational safety and health standards. 29 U.S.C. 655(b), 
654(b). A safety or health standard is a standard ``which requires 
conditions, or the adoption or use of one or more practices, means, 
methods, operations, or processes, reasonably necessary or appropriate 
to provide safe or healthful employment or places of employment.'' 29 
U.S.C. 652(8). A standard is reasonably necessary or appropriate within 
the meaning of Section 652(8) when a significant risk of material harm 
exists in the workplace and the standard would substantially reduce or 
eliminate that workplace risk.
    This NPRM would not reduce the employee protections put into place 
by the standard OSHA is proposing to update under this rulemaking. 
Instead, OSHA believes this rulemaking likely would enhance employee 
safety by clarifying employer obligations. Therefore, it is unnecessary 
to determine significant risk, or the extent to which this rule would 
reduce that risk, as typically is required by Industrial Union 
Department, AFL-CIO

[[Page 75843]]

v. American Petroleum Institute (448 U.S. 607 (1980)).

B. Final Economic Analysis and Regulatory Flexibility Act Certification

    The proposed standard would not be ``economically significant'' as 
specified by Executive Order 12866, or a ``major rule'' under Section 
804 of the Small Business Regulatory Enforcement Fairness Act of 1996 
(``SBREFA''; 5 U.S.C. 804). The DFR resulting from this proposed rule 
would not impose significant additional costs on any private-sector or 
public-sector entity, and does not meet any of the criteria for an 
economically significant or major rule specified by Executive Order 
12866 and the relevant statutes. OSHA developed this proposal with 
attention to the approaches to rulemaking outlined in Executive Orders 
12866 and 13563.
    This NPRM simply proposes to update a reference to an outdated SDO 
standard in OSHA's Acetylene Standard. The Agency preliminarily 
concludes that the revisions will not impose any additional costs on 
employers because it believes that the updated SDO standard represents 
the usual and customary practice of employers in the industry. 
Consequently, the proposal imposes no costs on employers. Therefore, 
OSHA certifies that this rulemaking would not have a significant 
economic impact on a substantial number of small entities. Accordingly, 
the Agency is not preparing a regulatory flexibility analysis under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

C. OMB Review Under the Paperwork Reduction Act of 1995

    Neither the existing nor updated SDO standard addressed by this 
NPRM contain collection of information requirements. Therefore, this 
NPRM does not impose or remove any information-collection requirements 
for purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et 
seq. and 5 CFR part 1320. Accordingly, the Agency does not have to 
prepare an Information Collection Request in association with this 
rulemaking.
    Members of the public may respond to this paperwork determination 
by sending their written comments to the Office of Information and 
Regulatory Affairs, Attn: OSHA Desk Officer (RIN 1218-AC08), Office of 
Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 
20503. The Agency encourages commenters to submit these comments to the 
rulemaking docket, along with their comments on other parts of the 
NPRM. For instructions on submitting these comments and accessing the 
docket, see the sections of this Federal Register notice titled DATES 
and ADDRESSES. However, OSHA will not consider any comment received on 
this paperwork determination to be a ``significant adverse comment'' as 
specified under Section II (``Direct Final Rulemaking'') of this 
notice.
    To make inquiries, or to request other information, contact Mr. 
Todd Owen, Directorate of Standards and Guidance, OSHA, Room N-3609, 
U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 
20210; telephone (202) 693-2222.

D. Federalism

    OSHA reviewed this NPRM in accordance with the Executive Order on 
Federalism (Executive Order 13132, 64 FR 43255, August 10, 1999), which 
requires that Federal agencies, to the extent possible, refrain from 
limiting State policy options, consult with States prior to taking any 
actions that would restrict State policy options, and take such actions 
only when clear constitutional authority exists and the problem is 
national in scope.
    Under Section 18 of the Occupational Safety and Health Act of 1970 
(``OSH Act''; U.S.C. 651 et seq.), Congress expressly provides that 
States may adopt, with Federal approval, a plan for the development and 
enforcement of occupational safety and health standards; OSHA refers to 
States that obtain Federal approval for such a plan as ``State Plan 
States.'' 29 U.S.C. 667. Occupational safety and health standards 
developed by State Plan States must be at least as effective in 
providing safe and healthful employment and places of employment as the 
Federal standards. Subject to these requirements, State Plan States are 
free to develop and enforce their own requirements for occupational 
safety and health standards. While OSHA drafted this NPRM to protect 
employees in every State, Section 18(c)(2) of the Act permits State 
Plan States and Territories to develop and enforce their own standards 
for acetylene operations provided these requirements are at least as 
effective in providing safe and healthful employment and places of 
employment as the final requirements that result from this proposal.
    In summary, this NPRM complies with Executive Order 13132. In 
States without OSHA-approved State Plans, any standard developed from 
this NPRM would limit State policy options in the same manner as every 
standard promulgated by OSHA. In States with OSHA-approved State Plans, 
this rulemaking would not significantly limit State policy options.

E. State Plan States

    When Federal OSHA promulgates a new standard or a more stringent 
amendment to an existing standard, the 27 States or U.S. Territories 
with their own OSHA-approved occupational safety and health plans 
(``State Plan States'') must amend their standards to reflect the new 
standard or amendment, or show OSHA why such action is unnecessary 
(e.g., if an existing State standard covering this area is already ``at 
least as effective'' as the new Federal standard or amendment). 29 CFR 
1953.5(a). The State standard must be ``at least as effective'' as the 
final Federal rule, and must be completed within six months of the 
publication date of the final Federal rule. 29 CFR 1953.5(a). When OSHA 
promulgates a new standard or amendment that does not impose additional 
or more stringent requirements than the existing standard, State Plan 
States are not required to amend their standards, although OSHA may 
encourage them to do so.
    While this proposed rule does not impose any additional or more 
stringent requirements on employers than the existing Acetylene 
Standard, OSHA believes that the provisions of this proposal would 
provide employers with critical, updated information and methods that 
will help protect their employees from the hazards found in workplaces 
engaged in acetylene operations. Therefore, if adopted as proposed, 
OSHA will encourage the State Plan States to adopt comparable 
provisions within six months of publication of the final rule. The 27 
States and territories with OSHA-approved State Plans are: Alaska, 
Arizona, California, Connecticut, Hawaii, Illinois, Indiana, Iowa, 
Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, New 
Jersey, New York, North Carolina, Oregon, Puerto Rico, South Carolina, 
Tennessee, Utah, Vermont, Virginia, Virgin Islands, Washington, and 
Wyoming. Connecticut, Illinois, New Jersey, New York, and the Virgin 
Islands have OSHA-approved State Plans that apply to State and local 
government employees only.

F. Unfunded Mandates Reform Act of 1995

    OSHA reviewed this NPRM in accordance with the Unfunded Mandates 
Reform Act of 1995 (``UMRA''; 2 U.S.C. 1501 et seq.) and Executive 
Order 12875 (56 FR 58093). As discussed above in Section IV.B (``Final 
Economic Analysis and

[[Page 75844]]

Regulatory Flexibility Act Certification'') of this notice, the Agency 
determined that this NPRM would not impose additional costs on any 
private-sector or public-sector entity. Accordingly, this NPRM requires 
no additional expenditures by either public or private employers.
    As noted above under Section IV.E (``State Plan States'') of this 
notice, the Agency's standards do not apply to State and local 
governments except in States that have elected voluntarily to adopt a 
State Plan approved by the Agency. Consequently, this NPRM would not 
meet the definition of a ``Federal intergovernmental mandate'' (See 
Section 421(5) of the UMRA (2 U.S.C. 658(5))). Therefore, for the 
purposes of the UMRA, the Agency certifies that this NPRM does not 
mandate that State, local, or tribal governments adopt new, unfunded 
regulatory obligations, or increase expenditures by the private sector 
of more than $100 million in any year.

G. Public Participation

    OSHA requests comments on all issues concerning this NPRM. The 
Agency also welcomes comments on its determination that this NPRM would 
have no negative economic or other regulatory impacts on employers, and 
will increase employee protection. If OSHA receives no significant 
adverse comment, it will publish a Federal Register document confirming 
the effective date of the companion DFR and withdrawing this NPRM. Such 
confirmation may include minor stylistic or technical corrections to 
the document. For a full discussion of what constitutes a significant 
adverse comment, see Section II (``Direct Final Rulemaking'') of this 
notice.
    The Agency will withdraw the DFR if it receives significant adverse 
comment on the amendments contained in it, and proceed with this NPRM 
by addressing the comment(s) and publishing a new final rule. The 
comment period for this NPRM runs concurrently with that of the DFR. 
Therefore, OSHA will treat any comments received under this NPRM as 
comments regarding the DFR. Similarly, OSHA will consider a significant 
adverse comment submitted to the DFR as a comment to this NPRM; the 
Agency will consider such a comment in developing a subsequent final 
rule.
    OSHA will post comments received without revision to http://www.regulations.gov, including any personal information provided. 
Accordingly, OSHA cautions commenters about submitting personal 
information such as Social Security numbers and birth dates.

List of Subjects in 29 CFR Part 1910

    Acetylene, General industry, Occupational safety and health, 
Safety.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210, authorized the 
preparation of this notice. The Agency is issuing this notice under 
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 4-2010 (75 FR 
55355), and 29 CFR part 1911.

    Signed at Washington, DC, on November 22, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to the Standard

    For the reasons discussed in the preamble, the Occupational Safety 
and Health Administration is proposing to amend 29 CFR part 1910 as set 
forth below:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart A--[Amended]

    1. The authority citation for subpart A continues to read as 
follows:

    Authority:  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 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), 
5-2002 (67 FR 65008), 5-2007 (72 FR 31159), and 4-2010 (75 FR 
55355), as applicable.
    Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29 
CFR part 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 
29 U.S.C. 9a, 5 U.S.C. 553; Pub. L. 106-113 (113 Stat. 1501A-222); 
Pub. L. 111-8 and 111-317; and OMB Circular A-25 (dated July 8, 
1993) (58 FR 38142, July 15, 1993).

    2. Amend Sec.  1910.6 by revising paragraph (k)(3) to read as 
follows:


Sec.  1910.6  Incorporation by reference.

* * * * *
    (k) * * *
* * * * *
    (3) CGA G-1-2009 Acetylene, IBR approved for Sec.  1910.102(a). 
Copies of CGA Pamphlet G-1, Twelfth Edition, are available for purchase 
from the: Compressed Gas Association, Inc., 4221 Walney Road, 5th 
Floor, Chantilly, VA 20151; telephone: (703) 788-2700; fax: (703) 961-
1831; email: [email protected].
* * * * *

Subpart H--[Amended]

    3. Revise the authority citation for subpart H to read as follows:

     Authority:  29 U.S.C. 653, 655, 657; Secretary of Labor's 
Orders Nos. 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), 
5-2002 (67 FR 65008), 5-2007 (72 FR 31159), or 4-2010 (75 FR 55355), 
as applicable; and 29 CFR part 11.
    Sections 1910.103, 1910.106 through 1910.111, and 1910.119, 
1910.120, and 1910.122 through 1910.126 also issued under 29 CFR 
part 1911.
    Section 1910.119 also issued under Section 304, Clean Air Act 
Amendments of 1990 (Pub. L. 101-549), reprinted at 29 U.S.C. 655 
Note.
    Section 1910.120 also issued under 29 U.S.C. 655 Note, and 5 
U.S.C. 553.

    4. Amend Sec.  1910.102 by revising paragraph (a) to read as 
follows:


Sec.  1910.102  Acetylene.

    (a) Cylinders. Employers must ensure that the in-plant transfer, 
handling, storage, and use of acetylene in cylinders comply with the 
provisions of CGA Pamphlet G-1-2009 (``Acetylene'') (incorporated by 
reference, see Sec.  1910.6).
* * * * *
[FR Doc. 2011-30654 Filed 12-2-11; 8:45 am]
BILLING CODE 4510-26-P