Document 2RwLQmr3Mo17zRz36vrmpwMr5

jO RULES AND REGULATIONS Title 41--PUBLIC CONTRACTS rules involved. The variations provisions 50-204.1 Scope and application. of the rules are also amended to conform * AND PROPERTY MANAGEMENT Chapter 18--National Aeronautics and Space Administration PART 18-8--TERMINATION OF CONTRACTS Termination Claims Correction In F.R. Doc. 71-4616 appearing at page 6345 in the issue of Saturday, April 3; 1971, the section heading and first five lines of 5 18-8.101-25 appearing at the beginning of the first column on page 6348 should be transferred to the be ginning of the third column on page 6347 directly above the five lines of un designated text. % Chapter 50--Public Contracts, ' Department of Labor PART 50-204--SAFETY AND HEALTH i STANDARDS FOR FEDERAL SUPPLY ! CONTRACTS Presumptions and Incorporations by i Reference; Specific National Con- | sensus Standards ' Pursuant to section 4 of the WalshHealey Public Contracts Act (41 UJS.C. section 35). Part 50-204 of Title 41, Code of Federal Regulations is hereby amended as indicated below. The reasons for the amendments are briefly these. Under section 4(b) (2) of the Williams-Steiger Occupational Safety and Health Act of 1970 (29 U.S.C. 653) standards issued under the laws listed in that provision, including the Walsh-Healey Public Contracts Act, must be deemed to be "occupational safety and health standards'' issued under the Williams-Steiger Occupational Safety end Health Act of 1970 (OSHA) as well as under the listed laws. The term "oc cupational safety and health standard" is defined in section 3(8) of OSHA (29 U.S.C. 652) as meaning a "standard which requires conditions, or the adop tion or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment." The term "standard" itself is not defined-, but the quoted definition and the duty prescribed in section 5(a) (2) of OSHA (29 U.S.C. 654) indicate that in this context the term refers to a substantive rule; i.e., a rule having the force and effect of law. Under these circumstances, it is consi dered necessary and appropriate to with the procedural requirements of sec tion 6 of OSHA (29 UJ3.C. 655). The ordinary incorporations by refer ence of private safety and health stand ards are replaced by the incorporation by reference of the national consensus standards which are adopted under sec tion 6(a) of the Williams-Steiger Occu pational Safety and Health Act of 1970 (29 U.S.C. 655) and which are published on this date in Part 1910 of Title 29 of the Code of Federal Regulations. The specific national consensus standards now incorporated and given substantive effect are determined to be more effective than the general references to private standards which have heretofore existed, and therefore the general references are in any event superseded by the specific national consensus standards under the express terms of section 4(b) (2) of OSHA. Further, the document is intended to amend Part 50-204 so that its terms are consistent with the provision in section 4(b)(2) of the Williams-Steiger Occu pational Safety and Health Act of 1970 reflecting the intent of Congress that where an employer is covered both by the Walsh-Healey Public Contracts Act (or the other laws listed in section 4(b) (2)) and the Williams-Steiger Occupa tional Safety and Health Act, the same standard will be applicable under each of the statutes. The procedures under the Williams-Steiger Occupational Safety and Health Act will be utilized in the first instance to enforce these occupa tional safety and health standards and in any proceeding under the Walsh- Healey Public Contracts Act to enforce such standards, the principle of colla teral estoppel will apply. Good cause is found for not providing notice and public procedure in the adop tion of the substantive amendments. Such procedures are unnecessary because the changes are considered to reflect only those accomplished by operation of law as of April 28, 1971, by virtue of section 4(b) (2) of OSHA. There is no delay in effective date for the amendments except in the case of the national consensus standards incor porated in 5 50-204.2(a) which will be effective 90 days from the publication of this document in the Federal Register. The delay in effective date of the national consensus standards does not reduce the employers' general statutory and con tractual requirement that no part of a contract subject to the Walsh-Healy Public Contracts Act be performed in any plants, factories, buildings or surround ings, or under working conditions which are unsanitary or hazardous or dan gerous to the health and safety of em (b) (1) Every investigator conducting investigations and every officer of the Department of Labor determining whether there are or have been viola tions of the safety and health require ments of the Walsh-Healey Public Con tracts Act and of any contract subject thereto; and whether a settlement of the resulting issues should be made without resort to administrative or court litiga tion, shall treat a failure to comply with, or violation of, any of the safety and health measures contained in this Part 50-204 as resulting in working conditions which are "unsanitary or hazardous or dangerous to the health and safety of employees" within the meaning of section 1(e) of the Act and the contract stipu lation it requires. Evidence of compli ance with the safety, sanitary, and fac tory inspection laws of a State in which' the work, or part thereof, is performed will be considered prima facie evidence of compliance with the safety and health requirements of the Act and of any con tract subject thereto, and it shall be sufficient unless rebutted or overcome by a preponderance of evidence of a failure to comply with any applicable safety and health rules.contained in this part. (2) Every investigator shall have tech nical competence in safety, industrial hygiene, or both as may be appropriate, in the matters under investigation. **m* 2. Section 50-204.1a is revised to read as follows; 50--204.1a Variances. (a) Variances from standards in this part may be granted in the same cir cumstances in which variances may be granted under sections 6(b) (6) (A) or 6(d) of the Williams-Steiger Occupa tional Safety and Health Act of 1970 (29 U.S.C. 655). The procedures for the granting of variances and for related re lief under this part are those published in Part 1905 of Title 29, Code of Federal Regulations. (b) Any requests for variances shall also be considered requests for variances under the Williams-Steiger Occupational Safety and Health Act of 1970, and any variance from a standard which is con- tained in this part and which is incorpo rated in Part 1910 of Title 29, Code of l Federal Regulations, shall be deemed a variance from the standard under both the Walsh-Healey Public Contracts Act * and the Williams-Steiger Occupational Safety and Health Act of 1970. \\ 3. Paragraphs (a) and (b) of 150- 204.2 are amended to read as follows: ^ 50--204.2 General safety and health % standards. -* amend the rules under the Walsh- ployees engaged in the performance of (a) Every contractor shall protect the 3 Healey Public Contracts Act in order to make the changes needed to reflect the substantive effect given to the safety and health standards by removing certain rules of presumption, ordinary incorpor such a contract. See 41 CFR ! 50-204.1 (d). 1. In 5 50-204.1, paragraph (b) is amended and paragraphs (c) and (f) are safety and health of his employees by % complying with the standards described | in the subparagraphs of this paragraph whenever a standard deals with an occupational safety or health subject or ations by reference, and other changes revoked. As amended, 5 50-204.1 reads as Issue Involved in the performance of the related to the substantive effect of the follows: contract. PLAINTIFF'S EXHIBIT FEDERAL REGISTER, VOL 36, NO, 105--SATURDAY, MAY 29, 1971 k183 5 .i RULES AND REGULATIONS 9869 ' 1 (1) U.S. Department of Labor--Title Title 49--TRANSPORTATION2SCFR-- 2. Standard No. 210, "Seat Belt Assem bly Anchorages," presently requires ve part 1501--Safety and Health Regulations for Ship Repairing. Part 1502--Safety and Health Regulations Chapter V--National Highway Traffic Safety Administration, Department hicles other than passenger cars to have shoulder belt anchorages Installed at front outboard seating positions by for Shipbuilding. of Transportation July 1, 1971, and at rear outboard seat Part 1503--Safety and Health Regulations for Shipbreaking. Part 1504--Safety and Health Regulations for Longshoring. Part 1910--Subpart C through Subpart S (national consensus standards). PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS Seat Beit Assembly Anchorages and Seat Belt Installations; Reconsider ing positions by January 1,1972 (35 F.R. 15293, 35 F.R. 18116, 36 FE. 4291). The Recreational Vehicle Institute has peti tioned for an amendment of the stand ard, to delete the requirement for shoulder belt anchorages at positions (2) 0.S. Department of Interior, Bu ation and Amendment where shoulder belt Installation is not reau of Mines. (i) In Chapter I of Title 30, Code of Federal Regulations, the standards re quiring safe and healthful working con ditions or surroundings in: Subchapter B--Respiratory Protective Ap paratus; Tests for Permissibility; Fees. Subchapter C--Explosives and Related Ar ticles; Tests for PermlsslbUlty and Suita bility. Subchapter D--Electrical Equipment, Lamps, Methane Detectors; Tests for Permissibil ity; Fees. Subchapter O--Coal Mine Health and Safety. 01) In Chapter H of Title 30 the standards requiring safe and healthful working conditions.or surroundings in: Fart 211--Coal-Mining Operating and Safety Regulations. Part 216--Operating and Safety Regulations Governing the Mining of Coal In Alaska. Part 221--OU and Gas Operating Regula tions. Part 231--Operating and Safety Regulations Governing the Mining of Potash; OU Shale, Sodium, and Phosphate; Sulphur; and Gold, SUver, or QulcksUver; and Other Nonmetalllc Minerals, Including SUlca Sand. (3) TJ.S. Department of Transporta tion: 49 CFR Parts 171-179 and 14 CFR Part 103 Hazardous material regulation-- Transportation of compressed gases. The purpose of this notice is to amend Motor Vehicle Safety Standards No. 208 and 210, with respect to the installa tion of shoulder belts in multipurpose passenger vehicles exceeding 10,000 pounds GVWR and the provision of anchorages for shoulder belts in vehicles other than passenger cars. 1. The seat belt installation standard was amended on September 30, 1970, to require installation of seat fcfelts in multi purpose passenger vehicles, trucks, and buses manufactured after July 1, 1971 (33 F.R. 15222). Exemptions from the re quirement for shoulder belt installation were provided. for certain types and weights of vehicles. During the course of the subsequent rulemaking activity which led to the issuance of the occupant crash protec tion standard, it was determined that the larger weight classes of trucks and multipurpose passenger vehicles should not be required to install shoulder belts (35 F.R. 14941, 35 FJt. 16937, 36 FJR. 4600). The standard therefore required lap belts, but not shoulder belts, for vehicles over 10,000 pounds GVWR, effective January 1, 1972. The Septem ber 30 amendment, which .is to become effective 6 months earlier than the occu pant crash protection rule, had provided required by Standard No. 208. It has been found that this petition has merit. The probability of shoulder belt Installation by the owners of these vehicles is very small, and the difficulty of anchorage installation, particularly in multipurpose passenger vehicles, is often greater than In passenger cars. The amendment is therefore considered to be in the public interest. The request by RVI for a postpone ment of the July 1, 1971, effective date for installation of shoulder bolt'anchor ages has not been found justified, and the petition is in that respect denied. In accordance with the foregoing, sec tion S4.1.1 of the present Motor Vehicle Safety Standard No. 210 (effective July 1, 1971), and the amended Standard No. 210 as published-November 26, 1970 (35 F.R. 18116, effective January 1, 1972), in 49 CFR 571.21, are both amended to read-as follows: S4.1.1 Seat belt anchorages for a Type 2 seat belt assembly shall be in stalled for each forward-facing outboard designated seating position in passenger cars, and for each designated seating position for which a Type 2 seat belt assembly Is required by Standard No. 208 in vehicles other than passenger cars. (4) U.S. Department of Agriculture Respiratory Devices for Protection a2.gainst Certain Pesticides--ARS-33-76- (b) Information concerning the ap plicability of the standards prescribed in a similar exemption for large trucks but not for multipurpose passenger vehicles, with the result that shoulder belts would have been required for many large multi purpose passenger vehicles during the period July 1, 1971-January 1,1972, but not afterward. To correct this incon The effective dates of the amendments made by this notice are as indicated above. Because the amendments relieve restrictions and impose no additional burden on any person, notice and request for comments on such notice are found to be unnecessary, and it is found, for paragraph (a) of this section may be sistency, the seat belt installation stand good cause shown, that an effective date obtained from the following offices: ard is amended, effective July 1, 1971, earlier than 180 days after issuance is (1) Office of the Bureau of Labor to exempt multipurpose passenger ve in the public interest. Standards, U.S. Department' of Labor, hicles of more than 10,000 pounds (Sec. 103, 119, National Traffic and Motor Railway Labor Building, Washington, D.C. 20210. (2) The regional and field offices of GVWR from the shoulder belt require ment. In accordance with the foregoing, sec tion S3.1 of Standard No. 208 (5 571.21), Vehicle Safety Act, 15 TLS.C. 1392, 1407; delegation of authority at 49 CFR 1.51) issued on May 21,1971. the Bureau of Labor Standards which as published September 30, 1970 (35 F.R. are listed in the UJ3. Government Organ 15222) is amended effective July 1,1971, Douglas W. Toms, Acting Administrator. ization Manual, 1970-71 edition at p. 324. to read as follows: [FR Doc.71-7512 Filed 5-28-71;8:45 am] S3.1 A Type 1 seat belt assembly (Secs. 1, 4, 49 Stat. 1036, 1038, as amended; 41 TJ.S.C. 35, 38) Signed at Washington, D.C., this 20th day of May 1971. J. D. Hodgson, Secretary of Labor. [PR Doc.71-7455 Filed 6-28-71:8:45 am] shall be installed for each designated seating position in convertibles, openbody type vehicles, walk-in van-type trucks, and trucks and multipurpose passenger vehicles that have a gross vehicle weight rating of more than 10,000 pounds, and for the driver's seating posi tion in buses. [Docket No. 70-12; Notice No. 9] PART 574--TIRE IDENTIFICATION AND RECORD KEEPING Location of Tire Identification Number for Retreaded Tires The purpose of this amendment Is to provide xetreaders with an alternative 4 f fi f f FEDERAL REGISTER, VOL 36, NO. 105--SATURDAY, MAY 29, 1971