Document 2jg7aONOXdQXzrmJbKb8K4Vka

4Ii * I 16G PROPOSED RULE MAKING regulated by Lius order than from other (2) Inventories at the beginning and order pl.mts ..urlug the menth. end of tho month of the following DEPARTMENT OF LABOR Propose! .Vo. 5. Amend 5 1026.42(b) (2) products: to food "Other source niiik in bulb fluid ri> Fluid milk products; and Occupational Safety and Health form exeltadvc of that specified la Ui) Products listed in 5 1030.41 Cb) (1), Administration 5 1036.41ic) (6)". except those received in packaged form Proposal Vo. 13. Amend 1 1030.43 fa- from another plant, showing separately 29 CFR Part 1910] tcrp'.ar.t mozcsr.onts. such inventories in bulk form and in STANDARD FOR EXPOSURE TO Add in 5 1036.43(c)(3) (i), <ii). and packaged form; ASSEjlQS DUST (ill). the words "of bottling grade milk" after the phrase "constitute regular sources of supply". Proposed by Borden. Inc.: Proposal No. 11. Add to 5 1036.15 a pro vision to read as follow.;: Subtract from the remaining pounds of shim milk m Class II, the pounds of skim milk in other source milk (except that received in the form of a fluid milk product"! that is added to, or used to pro duce, any product specified in 1036.41 (b). Proposed by Town and Country Drury, Garvins Dairy, Sweet Home Dairy, and Kalrns Modem Dairy: Proposal No. 12. Amend order No. 36 to provide that the following counties in the State of Ohio: Belmont, Jefferson, Harrison, Monroe, and part of Guernsey now in the marketing area; plus the West Virginia counties of Hancock, Brooke, Ohio, and Marshall be included in Zone 1 as defined by the proposal of Milk. Inc. (Proposal No. 1); or alterna tively that the above dairies are to be put in the present Cleveland-Erie District rather than the Pittsburgh District. Proposed by the Dairy Division, Con sumer and Marketing Service: Proposal No. 12. Revise 1036.11(a) * Proposal No. 1G. F.cvisc J 1030.41(c) (6) Notice of Proposed Rule Making (vii) to read as follows: Section 6(c) of the Wllliams-Stciger Occupational Safety and Health Act of 1036. il Classes of utilization. * 1070 (34 Stat. 1596; 29 U.S.C. 635) pro vides that upon the publication of an (c) * * * emergency temporary standard in the (C) * * * Federal Register the Secretary of Labor (vii) Less 1.5 percent of the quantity of shall commence a rule making proceed bulk fluid milk products and bulk cream ing in accordance with section 6(b) transferred to other plants which docs of tho Act, and that the emergency not exceed such quantity to which per standard as published shall aiso nerve centages arc applied in subdivisions U). os a proposed rule for the proceeding, dm (ii>, (iv), (v> and (vl) of this subpara emergency temporary standard concon- graph ; . ing exposure to asbestos dust was pub * lished in the Federal Register on De Proposal No. 17. Mako whatever changes are necessary in tire order to eliminate tiio possibility of a handler be ing charged under tho order at the Class I price for milk that already has been classified and priced as Class I milk un der a Federal order. Proposal No. IS. Reposition, for clari fication of the order, the provisions which establish that the Class I price for other source milk when adjusted for location of the shipping plant, shall not be less than the Class TXZ price. Proposal No. 10. Make whatever cember 7, 1971 (36 FJL 23207). Accord ingly, pursuant to section 6 (b) and (c) of the Williams-Stcigcr Occupational Safety and Health Act of 1970 (34 Stat. 1593, 1596; 29 XJS.C. 655), 29 CFR 1910.4. and Secretary of Labor's Order No. 12-71 (36 F.P-. 3754), it is hereby proposed to amend 29 CFR Part 1910 as set forth below. The proposals include the emergency temporary standard and additional proposed rules on subsidiary, issues. Interested persons are invited to sub mit, both orally and in writing, data, (1) to read as follows: 1036.11 Pool plant. changes are necessary In the order to views, and arguments concerning these provide for a uniform "equivalent price" proposals. section to read as follows: Written data, views, and arguments (a) A distributing plant that has: 1036.54 Equivalent price. may be mailed to the Office of Safety and Health Standards, Room 305. 400 First (1) Route disposition except filled If for any reason a price or pricing Street NW,, Washington. DC 20210, with milk, during the month of not less than component required for tills part for in 30 days after the publication of this 50 percent (40 percent for each month of April through August) of the total re ceipts of fluid milk products, except filled milk, that are approved by a duly computing class prices or for other pur poses is not available in the manner de scribed in this part, the market admin istrator shall use a price or pricing com ponent determined by the Secretary to notice in the Federal Register. The data, views, and arguments will be available for public inspection and copying at the Office of Safety and Health Standards, except as to -matters the disclosure of constituted health authority for fluid be equivalent to the price or pricing com which is prohibited by law. consumption and that are physically re ponent that is required. Oral data, views, and arguments will ceived at such plant or diverted as pro ducer milk pursuant to 5 1036.18 to a supply plant Qualified under paragraph Cb)- or Cc) of this section or a nonpool Proposal No. 20. Make such changes as may bo necessary to make the entire marketing agreement and the order con form with any amendments thereto that may result from this hearing. be received by Hearing Examiner Arthur Goldberg, at a hearing beginning at 10 am. on'March 14, 1972, in Conference Room B, Departmental Auditorium, 14th Street and Constitution Avenue NW,, plant; and Copies of this notice of hearing and the Washington, DC. Persons desiring to ap * order may be procured from the Market pear at the hearing must file with the Office of Safety and Health Standards a Proposal No. 14. Review the provisions Administrator, 7503 Erookpark Road, notice of intention to appear, no later of i 1036.11(c) to determine whether Cleveland, OK 44129 or from the Hear than March 3. 1972. The notice must they should apply only to plants primar ing Clerk, Room 112-A, Administration state tiie name and address of the per ily engaged in the transfer of milk to distributing plants qualified under para graph (a) of this section. Building, TLS. Department of Agricul ture, Washington, D.C. 20250 or may be there Inspected. son to appear, the capacity in which he will appear, and the approximate amount of time required for his presentation. The notice must also include, or bo ac Proposal No. 15. Revise $ 1036.30<a) (2>; Signed at Washington, D.C., on Janu companied by, a statement of the posi to read as follows: ary 7, 1972. tion to be taken with regard to the pro 1036.30 Report of receipts and utiliza tion. m m (a) * Joinr C. Bum, Deputy Administrator, Regulatory Programs. [PR Doo. 72-4C3 Piled 1-11-72; 8:49 omj posed rules. The oral proceedings shall be reported verbatim, and transcripts shad be avail able for inspection to any interested per son on such conditions as tho presiding PLAINTIFF'S EXHIBIT ASA-612 FEDERAL REGISTER. VOL 37, NO. 7--WEDNESDAY. JANUARY 12, 1972 ASARCO ELP 0000337 PROPOSED RULE MAKING JG7 hearing' examiner may prescribe. The hearing examiner shall regulate the course of the oral proceedings, dispose of procedural requests, objections, and. .similar matters, regulate the conduct of those present at the hearing, by appro priate means, and shall exclude to the extent practicable irrelevant, immaterial, and unduly repetitious data or argu ments. The hearing examiner shall have discretion to keep the record of the hear ing open for a reasonable, .stated time to receive written recommendations, and additional data, views, and arguments from any person who has participated in the oral proceeding. Upon completion of the oral proceedings, the transcript thereof, together with written submis sions on the proposed rules, exhibits filed during the hearing, and any posthearing data, views, arguments, and recommen dations shall be certified by the hearing examiner to the Assistant Secretary of Labor for Occupational Safety and Health for his decision. The Assistant Secretary may adopt the proposals with or without changes, or determine not to issue a rule. Under the authority of section 6(b) (1) and section 7(b) of the Act. the Assist ant Secretary of Labor for Occupational Safety arid Health will request the recommendations of an advisory com mittee with regal'd to the proposed rules. The committee will be provided with copies of these proposals, together with all pertinent factual information which is, or may become, available to the As sistant Secretary, including any infor mation submitted by the National Insti tute for. Occupational Safety and Health. The advisory committee will be asked to submit to the Assistant Secre tary' written recommendations regarding these proposed rules, within 45 days after the publication of this notice. The recommendations will be available for public inspection and copying. No other advisory committee will be consulted with regard to these proposed rules. Part 1910 of Title 29 of the Code of Federal Regulations is' proposed to be 'amended as follows: 1910.93 [Amended] 1. Table G-3 in 1910.93 (36 FR. 15104, August 13, 1971) is proposed to be amended by deleting the following: Asbestos--12 fibers per milliliter greater than S microns la. length or 2 Mppcf. Tremollte * 5 Mpprt. If so amended. Table G-3 would read as follows: TG-3--Mineral Dcara Subitanco Mppcf Mg/M* Silica: Cmtalttne: Quarts (rcsplrablo)........... . 250* lOmc/M1* Quarts (total diibt).,................. . %S10i*f2 30mc/M* CrL'tobr.lito: value calculated from tho count or mass (ormulao for quarts. 4 TridymKc: tho value calculated from tho for mulae for Quarts. %SlOrf2 Substance Mppcf Mg/M* Amorphous, Including c duuoauccous earth .. SiulicUrtmeosm(VUcsus):than \% crys- Giu|*lj(i) ......... (n-.piMhln fraction than V;i SiO.*).............. For more than 5% SiO*. 20 S0mc/M* %SlO, 2200 20 ... Wmii/M* Inert or XuUance Oust: Kt'j.pimiilo fraction.............. Sing/M* Xote; Conversion factors-- mppcfX35.3nti!iior. particles per cubic meter -particle.- per c.c< t Millions of panicles per cubic foot of air. based on lmpi:.or banvpios counted by huht-fiold technics. < T!;o perccnlago of crystalline siiica lu tho formula is tho amount determined from a;r*borno samples, except In those Instances In which other methods havo been shown to be applicable. / As deh-nnined by the membrane filter method at 430 X phase contrast magnification.' Tloth concentration and percent quarti for tho application of this limit are to bo determined from tho fraction passing a sizo-acloctor with tho following characteristics Aerodynamic diameter (unit density iphero) Percent passing bdector 00 2.5 75 3.5 50 5.0 25 10 0 Tho measurements under this noto refer to tho use of aa AEG Instrument. U tho respirablo fraction of coal dust is determined with a MRE tho Jiguro corresponding to that of 2A Mg/M1 in the tablo for coal dust is 4.5 Mg/Ms 2. A new 1910.93a is proposed to be added to Part 1910, reading as follows: 1910.93a Asbestos dust. (a) S-hour time-weighted average. The 8-hour time-weighted average air borne concentration of asbestos dust to which, employees are exposed shall not exceed 5 fibers longer than 5 microns per milliliter, as determined by the mem brane filter method at 400-450 x (mag nification) (4 millimeter objective) phase contrast illumination. Concentra tions above 5 fibers per milliliter, but not to exceed 10 fibers per milliliter, may be permitted up to a total of 15 minutes in an hour, but for not more than 5 hours in an 8-hour day. (b) Methods of compliance--(1) Engineering methods. Engineering methods, such as, but not limited to. en closure, vacuum sweeping, and local ex haust ventilation, shall be used to meet the exposure limits prescribed in para graph (a) of this section. Where such engineering methods are not feasible, or do not reduce the concentrations below the limits prescribed in paragraph (a) of this section, respiratory protective de vices shall be provided and used in ac cordance with subparagraph (2) of this paragraph. (2) Other methods, (i) When the limits of exposure to asbestos dust pre scribed in paragraph (a) of this section are exceeded, and engineering controls required by subparagraph (1) of this paragraph are not feasible or do not re duce tho concentration o asbestos dust below the limits prescribed in paragraph (a) of this section, the employer shall require the use of respiratory protective devices. The selection of respiratory pro tective devices shall bo limited to those specified in paragraph (c) of this section. (ii) Tho employer shall require that eacli employee tost his respiratory pro tective device before each use in order to insure a proper fit iimuilin:: to the manufacturer's iustrunions. The em ployer siiall further provide for-eifeci.ive training or supervision of employees m the testing of respiratory protective de vices for fit before their use. (c) Allowable respirators. (1) When the 8-hour time-weighted average con centration of asbestos dust is projected to exceed 5 fibers longer than 5 microns per milliliter, but not to exceed 25 such fibers, and when a concentration over a period of 15 minutes exceeds 10 fibers longer than 5 microns per milliliter, but does not exceed 50 such fibers, a re usable or single use filter type respira tor, operating with negative pressure during the inhalation phase of breath ing, approved by the U.S. Bureau of Mines under the provisions of 30 CFR Fart 14 (Bureau of Mines Schedule 21B), shall be used. (2) When the 8-hour time-weighted average concentration of asbestos dust is projected to exceed 25 fibers longer than 5 microns per milliliter but not to exceed 250 such fibers, and when a con centration over a period of 15 minutes exceeds 50 fibers longer than 5 microns per milliliter but does not exceed 500 such fibers, a powered filter positive pressure respirator approved by the U.S. Bureau of Mines under the provisions of 30 CFR Part 14 (Bureau of Mines Sched ule 21B) shall be used. (3) When the 8-hour time-weighted average concentration of asbestos dust is projected to exceed 250 fibers longer than 5 microns per milliiiter a type "C" positive pressure supplied-air respirator approved by the U.S. Bureau of Mines under the provisions of 30 CFR Part 12 (Bureau of Mines Schedule 19B) shall be used. (4) The employer shall establish a respirator program in accordance with the requirements of American National Standard Practice for Respiratory Pro tection Z88.2--1969. (5) The respirators provided each em ployee shall be properly inspected, cleaned, repaired, and stored. (d) Particular operations and prod ucts. (1) When an employer has employ ees who are exposed to asbestos dust re sulting from the operations or the use of tools described in the remaining subparagraphs of this paragraph (d), the employer shall comply with the require ments of this paragraph. The require ments of this paragraph shall apply at all times, and, in addition, the require ments of paragraph (b) of this section may also apply, according to the terms thereof. (2) All hand- or power-operated tools which produce asbestos dust such as. but not limited to, saws, scorers, abrasive FEDERAL REGISTER, VOL 37, NO. 7--WEDNESDAY, JANUARY 17, ASARCO ELP 0000338 loo PROPOSED RULE MAKING wheels. and drdh:, skull be provided wiih lee:-.; exh.iu.-t wntffation and dust col lectors m accordance with else American National Standard Fundamentals Gov erning the Dee;,-:: end Operation of Lo cal Exhr.n.'t Systems; ANSI 25.2--1071. (3) Employees exposed to the spray ing of asbestos, to the demolition o' pipes, structures, or equipment covered, or insulated with asbestos, or to the , demolition of insulating strippings. shall be provided with respiratory protective devices in aceordar.co with paragraph Ce) i3) of this section. (4) Asbestos cement, mortar, coatings, grout, and piaster shall bo mixed in closed bags or other closed containers. (5) Asbestos waste and scrap shall be collected and disposed of in sealed bags or other closed containers. (6) Accumulation of asbestos dust dust in excess of the limits specified in paragraph (c) (2) of this section shall be monitored in accordance with this paragraph. (i> Method. Dust samples shall be col lected from within the normal breathing zone of the employees in their normal working posture. Employees wearing res piratory protective devices shall have the sample taken from a point located on the exterior of the respirator facepiece. ui) Procedure. The sampling proce dure shall be such as to permit the de terminations required by paragraph (a) of this section. (iii) Sampling duration. The sampling duration shall be for a period of not less than 15 consecutive minutes. (ivi Sampling frequency. Sampling periods shall be of such number and pattern as to represent accurately the In every employment and place of em ployment covered by 1910.12, 1910.13, 1910.14, 1910.15, or 1910.16 of this Sub part E, in lieu of any different standard on exposure to asbestos dust which, would otherwise be applicable by virtue of any of those sections. (Sac. 6. 84 Stat. 1503; 20 U.S.C. 855. 20 CFR. 1010.4; Secretory of Labor's Order Mo. 12-71, 30 V.R. 8754) Signed at Washington, D.C., this 6th r of January 1972. G. C. Guenther, Assistant Secretary of Labor. (PB Doc.72-402 Filed 1-11-72:8:45 am] shall be removed, as soon as practicable, exposure of the employees over their and only by vacuum cleaners. working period. Ce> Warning signs--(1) Posting. . (2i Environmental. Environmental Food and Drug Administration Warning signs shall be provided and monitoring shall be conducted in all displayed a: each location where asbestos areas in which employees are exposed to C 21 CFR Part 19 1 dust hazards are present. Signs shall be concentrations of asbestos dust in excess posted at least 50 feet in each direction of the limits specified in paragraph (a) from the location where the hazard is of this section. CERTAIN CHEESES Proposed Identify Standards present, and at intervals of not more (i> Method. Asbestos dust samples Regarding Labeling Requirements than 100 feet along each edge of the area where the hazard is present. (2) Sign specifications. The warning signs shall conform to the requirements for 20" x 14" vertical format signs speci fied in 1910.145(d) (2), and to this par agraph. The signs shall display the fol lowing legend in the white panel, with letter sizes and styles of a visibility at least equal to that specified in the nota tion in the following column to the right: Legend: Notation Asbestos _____________ 1" Sans Serif Gothic or Bloch. Dust Hazard__________ %" Sans Serif Gothic or ' Block. Follow these___________ !4" Gothic, Safety and Health , %" Sans Serif Buies. Gothic or * shall be collected from areas which are representative of the concentration of airborne asbestos dust which may reach the breathing zone of exposed employees. (ii) Procedure. Sampling procedure shall be such as to permit the determina tions required by paragraph (a) of this section. (iii) Sampling duration. Sampling du ration shall be for a period of not less than 15 consecutive minutes. (iv) Sampling frequency. Sampling periods shall be of such number and pattern as to represent accurately the exposure of the employees over their working period. (g) Medical examinations. The em ployer shall provide, or make available at his cost, appropriate medical exami nations on a periodic basis to any em ployee who is exposed to asbestos dust Notice is given that a petition has been filed by the National Cheese Institute, Inc., 110 North Franklin Street, Chicago, 111. 60606, proposing that identity stand ards for certain specified cheeses beamended to require that (1) the full name of the food appear on the principal display panel of the label in type of uni form size, style, and color: (2) wherever any word or statement emphasizing the name of any ingredient appears on :he label (other than in circumstances de scribed below) so conspicuously as to be easily seen under customary conditions of purchase, the full name of the forcl immediately and conspicuously precedes or follows such word or statement in type of at least the same size as the type of such word or statement; and (3) op tional ingredients be listed conspicuously, either on the principal display panel of 1 Block. in excess of the limits specified in para the label or on a single appropriate in 1. Avoid breathing dust. 2. Wear your resptrator. 3. Do not remain In area unless your work >4" Gothic, 54" Gothic, 54" Gothic, graph (a) of this-section. (h) Records. (1) Every employer shall maintain records of the personal and environmental monitoring, and of the medical examinations, required by para formation panel, in accordance with specifications that are consistent with similar specifications for many other food products. Accordingly, it is proposed that Part requires It. graphs (f) and (g) of this section. Such 19 be amended: Asbestos dust may cause asbestosIs, a severe Lung disease, and Is Implicated.in the development of certain cancers. Con trol of exposure to asbestos dust helps protect against these 14 point Gothic, records shall be maintained for at least 20 years. (2) The records of monitoring shall be made available for Inspection and copying to the- Secretary of Labor and to his designated representatives. (3) The records of medical examina tions shall be made available only to the 1. In 19.750(f) by revising subpara graph (6) and adding subparagraphs (7) and (8), as follows: 19.750 Pasteurized process cheese: identity; label statement of optional ingredients. ** hazards. Secretary of Labor, to the Secretary of (f) * * (3) Spacing. Spacing between lines shall be at least equal to the height of the upper of any two lines, except that tho spacing between "Following these" and "Safety and Health Rules" shall be at least 3,4". (f) Monitoring--(1) Personal. Em ployees engaged in the particular opera tions or using the particular tools speci fied in paragraph <d) of this section, or exposed to concentrations of asbestos Health. Education and Welfare, to desig nated representatives of cither of them, and. at the request of the employee or former employee examined, to his physician. 3. A new 5 1910.19 is propc.-cd to be added to Subpart L, reading as follows: 1910.19 Asi.-o.-los dust. Section 1910.93a shall apply to the ex posure of every employee to asbestos dust (6) The full name of the food shall appear on the principal display panel of the label in type of uniform size, style, and color. t.7) Wherever any word or statement emphasizing the name of any m-.rcvhont appears on the label (other than as v-'.eri fled in subparagraph (8) of this para graph) so conspicuously as to be easily seen under customary conditions ol pur chase, the full name of the food shall FEDERAL REGISTER, VOL 37, NO. 7--WEDNESDAY, JANUARY 12 ASARCO ELP 0000339