Document 8Rno66qydL0BwG5kE4D6pEz8B

ICC PROPOSED RULE MAKING regulated by tins order than from other (2) Inventories at tho beginning and order plants during the men111. end of tho month of tho following DEPARTME1T OF LABOR Proposal .Vo. J. Amend 3 1026.42(b) (2) products: to read "Other source milk in bulk fluid (1) Fluid milk products; and form exclusive of that specified in (li) Produsts listed In 5 1030.41(b) (1), Occupational Safety and Health Administration 5 1036.41(c) 16)". except those received in packaged form Propose! No. 13. Amend 3 103G.43 fn-- from another plant, showing separately [29 CFR Part 19101 tcrp'.cr.t movements. such inventories in bulk form and in STANDARD FOR EXPOSURE TO Add in J 1036.43(c) (3) (i). (ii). and packaged form; ASBE5IQS DUST (iii). the words "of bottling crude milk" after the phrase "constitute regular sources of supply". Proposed by Borden. Inc.: Proposal No. 11. Add to 3 1036.45 a pro vision to read as follows: Subtract from the remaining-pounds of skim milk in 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 3 103G.41 (b>. Proposed by Town and Country Dairy. Garvins Dairy, Sweet Home Dairy, and Haims Modem Dairy: Proposal No. 12. Amend order No. 3G to provide that the following counties in the State of Ohio: Eelmont, 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 I 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 Proposal No. 16. Revise 5 1036.41(c) (6) Notice of Proposed Rule Making (vii) to read as follows: Section 6(c) of the WUliams-Stcigcr Occupational Safety and Health Act of 1036.11 CIn>.'03 of utilization. 1970 (34 Stat. 1506; 20 U.S.C. 635) pro vides that upon the publication of an (c) emergency temporary standard In the (6) * * * 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 also serve centages are applied in subdivisions (1), os a proposed rule for the proceeding. An (ii), (iv), (v) and (vi) of this subpara emergency temporary standard concern- graph; . ing exposure to asbestos dust was pub lished in the Federal Register on De Proposal No. 17. Mako whatever changes aro necessary in the order to eliminate tho possibility of a handler be ing charged under the order at the Class I price for milk that already has been classified and priced as Class 1 milk un der a Federal order. Proposal No. 13. 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 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 (84 Stat. 1593, 1596; 29 UB.C. 655). 29 CFR 1910.4, and Secretary of Labor's Order No. 12-71 (36 FJk 8754). ft is hereby proposed to amend 29 CFR Part 1010 as set forth below. The proposals Include the emergency temporary standard and additional proposed rules on subsidiary Issues. sumer and Marketing Service: than the Class HI price. Interested persons are Invited to sub Proposal No. 13. Revise 3 1036.11(a) Proposal No. 19. Make whatever mit, both orally and in writing, data, (I) to read as follows: changes are necessary in the order to views, and arguments concerning these 1036.11 Pool plant. provide for a uniform "equivalent price" proposals. section to read as follows: Written data, views, and arguments m may be mailed to the Office of Safety and (a) A distributing plant that has: 1036.5-1 Equivalent price. 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 port for in 30 days after the publication of this 50 percent (40 percent for each month of computing class prices or for other pur notice in the Federal Register. The data, April through August) of the total re ceipts of fluid milk products, except filled milk, that are approved by a duly 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 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 1036.16 to a supply plant qualified under paragraph Cb) or (c) 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 Proposal No. 14. Review the provisions Copies of this notice of hearing and the order may be procured from the Market Administrator, 7503 Erookpark Road. Washington. DC. Persons desiring to ap pear at the hearing must file with the Office of Safety and Health Standards a notice of Intention to appear, no later of 3 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 the name and address of the per ily engaged In the transfer of milk to Building, UjS. Department of Agricul son to appear, the capacity in which he distributing plants qualified under para graph (a) of this section. ture, Washington, D.C. 20250 or may bo there Inspected. will appear, and the approximate amount of time required for his presentation. The notice must also Include, or be ac Proposal No. IS. Revise 3 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 atilisw tion. * (a) John C. Bum, Deputy Administrator. Regulators Programs. [FR Doc. 72-463 Filed l-ll-72;8:49 am] posed rules. The oral proceedings shall be reported verbatim, and transcripts shall be avail able for inspection to any interested per son an such conditions as the presiding -rCunT^fT j EXHIBIT I I ASA-135 FEDERAL REGISTER VOL 37. NO. 7--WEDNESDAY, JANUARY 12, 1972 HER 0001607 PROPOSED RULE MAKING IG7 hearing examiner may prescribe. The paragraph are not feasible or do not re hearing examiner shall regulate the course of the oral proceedings, dispose of procedural requests, objections, and similar matters, regulate the conduct of Amorphous, Including natural diaionuccous earth...--------- - duce the concentration of asbestos dust below the limits prescribed in paragraph 20 80mg/M* (a) of this section, the employer shall require the use of respiratory protective those present at the hearing, by appro %SlO devices. The selection of respiratory pro priate means, and shall exclude to the extent practicable irrelevant, immaterial, and unduly repetitious data or argu ments. The hearing examiner shall have Siltatai ftess tliao 1% cry* Uiliuo silica): Mien..................... 20 ^`fcipslonc................ Talc.......................................- Lti tective devices shall be limited to those specified in paragraph (c) of this section. (ii) The employer shall require that each employee tost his respiratory pro discretion to keep the record of the hear ing open for a reasonable, stated time to receive wriLlen recommendations, and additional data, views, and arguments front any person who has participated in the oral proceeding. Upon completion of the oral proceedings, the transcript I'ori luiitl c**iiii'iit........... an f'liitpliUri 10 C:U dual (riv.|nr.illi) fraction Jins liktii SiOj)............................. For morn than 5% SiO;................... . Inert or tftiisancc Dust: UrsiumMo fraction.............. 15 ilmjr/M* loomr jj/Mi %W0rH2 SmsAl1 tective device before each uso in order to insure a proper lil mvonlin:: to the manufacturer's insuurtions. Tho em ployer shall further provide for oirectivo training or supervision of cmploveos in the testing of respiratory protective de vices for fit before their use. thereof, together with written submis Total dust.............................. 60 16ing/M* (c) Allowable respirators. (1 > When sions on the proposed rules, exhibits filed the 8-hour time-weighted average con during the hearing, and any posthearing data, views, arguments, and recommen dations shall be certified by the hearing Kote: Conversion factors-- mppcfX35.3* million pr.r;;cies per cubic meter -particle per c-c. i Millions of panicles por cubic foot of air. based on centration of asbestos dust is projected to exceed 5 fibers longer than 5 microns per milliliter, but not to exceed 25 such examiner to the Assistant Secretary of Labor for Occupational Safety and lznpn^cr san'.pics counted by ii-ht-Hcld technics. ` Tho perccntago of crystallino silica lu tho formula Is tho amount determined from air-borno samples, fibers, and when a concentration over a period of 15 minutes exceeds 10 fibers Health for his decision. The Assistant except In those hvune.ee* In which other methods have longer than 5 microns per milliliter, but Secretary may adopt the proposals with been shown to he applicable. As determined by Lite membmno filter method at does not exceed 50 such fibers, a re or without changes, or determine not to 430 X phase contrast magnification.' usable or single use filter type respira issue a rule. Under the authority of section 6(b) (1) Doth concentration and percent quartz for tho application of this limit aro to bo determined from tho fraction passing a size-selector with tho following tor, operating with negative pressure during the inhalation phase of breath and section 7(b) of the Act. the Assist characteristics: ing. approved by the U.S. Bureau of ant Secretary of Labor for Occupational Mines under the provisions of 30 CFR Safety and Health will request the recommendations of an advisory com Aerodynamic diameter (unit density sphere) Percent passing selector Part 14 (Bureau of Mines Schedule 21B), shall be used. mittee with regani to the proposed rules. The committee will be provided with copies of these proposals, together with 2.5 3.5 (2) When the 8-hour time-weighted 00 75 50 average concentration of asbestos dust is projected to exceed 25 fibers longer all pertinent factual information which is, or may become, available to the As 5.0 10 25 . than 5 microns per milliliter but not to 0 exceed 250 such fibers, and when a con sistant Secretary, including any infor centration over a period of 15 minutes mation submitted by the National Insti tute for. Occupational Safety and Tho measurements under this note refer to tho use of an ACC Instrument. If tho resplrablo fraction of coal dust is determined with a MRE tho figuro corresponding exceeds 50 fibers longer than 5 microns per milliliter but does not exceed 500 Health. The advisory committee will be to that of 2.4 Mg/M* in tho tablo for coal dust is 4.6 Mg/M* such fibers, a powered filter positive asked to submit to the Assistant Secre 2. A new $ 1910.93a is proposed to be pressure respirator approved by the VS. tary written recommendations regarding added to Part 1910, reading as follows: Bureau of Mines under the provisions of these proposed rules.within 45 days after 30 CFR Part 14 (Bureau of Mines Sched the publication of this notice. The 1910.93a Asbestos dust. ule 21B) shall be used. recommendations will be available for (a) S-hour time-weighted, average. (3) When the 8-hour time-weighted public inspection and copying. No other The 8-hour time-weighted average air average concentration of asbestos dust advisory committee will be consulted borne concentration of asbestos dust to is projected to exceed 250 fibers longer with regard to these proposed rules. which employees are exposed shall not than 5 microns per milliliter a type "C" Part 1910 of Title 29 of the Code of exceed 5 fibers longer than 5 microns per positive pressure supplied-air respirator Federal Regulations is proposed to be milliliter, as determined by the mem approved by the U.S. Bureau of Mines 'amended as follows: brane filter method at 400-450 x (mag under the provisions of 30 CFR Part 12 1910.93 [Amended] 1.Table G-3 in 5'1910.93 (36 FR. 15104, August 13, 1971) Is proposed to be amended by deleting the following: Asbestos--12 fibers per milliliter greater than 5 microns In length or * * * 2 Mppcf. Tremollte 5 Mppcf. %siot If so amended. Table G-3 would read as follows: Table G-3--Mineral Dusts 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 (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 . Substance graph (a) of this section. Where such sulting from the operations or,the u.se Mppcf Mg/M* engineering methods are not feasible, or of tools described in the remaining sub- 6l!tea: Crystalline: do not reduce the concentrations below paragraphs of this paragraph <d), the the limits prescribed in paragraph (a) employer shall comply with the require 4uaru (respirable). ,, 250 e lOmg/M* , of this section, respiratory protective de ments of this paragraph. The require %810i+4 %SlOj+3 vices shall be provided and used in ac ments of this paragraph shall apply at Quarts (total dust).................... ............ . 30mg/M* cordance with subparagraph (2) of this all times, and, in addition, the require CrL-tcbalita; Use K the to!uo calculated from tho oount or mass formulas for quaru. * %SIOi-f2 paragraph. (2) Other methods, (i) When the limits of exposure to asbestos dust pre scribed in paragraph (a) of this section ments of paragraph (b) of this section may also apply, according to the terms thereof. (2) All hand- or power-operated tools Trid/mito: Uso A tho value calculated from tho for* mulao for Quarts. are exceeded, and engineering controls which produce asbestos dust such as. but required by subparagraph (1) of this not limited to, saws, scorers, abrasive FEDERAL REGISTER, VOL 37, NO. 7--WEDNESDAY, JANUARY 17, 1------ HER 0001608 i Ak> PROPOSED RULE MAKING wheels, and drills. sh:Ul bo provided with local exhaust ventilation and dust col lectors Pi accordance with tlic American Standard Fundamentals Gov erning the Design and Operation ol Lo cal Exhaust Systems; ANSI Z9.2--1971. (3) Employee exposed to the spray ing ol asbestos. to the demolition ot pipes, structures, or equipment covered or insulated wish asbestos, or to tire demolition ol insulating strippings, shall be provided with respiratory protective devices in accordance with paragraph (c) (3) of this section. (4) Asbestos cement, mortar, coatings, grout, and plaster shall be 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. to) Accumulation of asbestos dust shall be removed, as soon as practicable, and only by vacuum cleaners. Ce) Warning signs--(1) Posting. Warning signs shall be provided and displayed at each location where asbestos dust hazards are present. Signs shall be posted at least 50 feet in each direction from the location where the hazard is present, and at intervals of not more 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 31910.145(d) (2). and to this par agraph. The signs shall display the fol lowing legend in the whits 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: Asbestos Oust Hazard. Follow these Safety and Health Rules.1 2 3 1. Avoid breathing dust. 2. Wear your respirator. 3. Do not remain in area unless your wort requires it. 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 hazards. Notation 1" Sans Serif Gothic or Block. %" Sans Serif Gothic or ' Block. Vi" Gothic. %" Sans Serif Gothic or' Block. i" Gothic. Vi" Gothic. Vi" Gothic. 14 point Gothic. (3) Spacing. Spacing between linos 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 }i". (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 dust in excess of the limits specified In in every employment and place of em- pamgmph (c) (3) of this section shall . plcyment covered by 3 1910.12, 1910.13. be monitored in accordance with this 1910.14. 1910.15. or 1910.16 of this Sub- paragraph. port B, in lieu of any different standard (i) Method. Dust samples shall be col on exposure to asbestos dust which lected from within the normal breathing would otherwise be applicable by virtue zone of the employees in their normal of any of those sections. working posture. Employees wearing res piratory protective devices shall have (Sec. 6. 84 Stat. 1593: 29 UB.C. E55. 29 CFR 1910.4; Secretary o{ Labor's Order No. 12-71, the sample taken from a point located on 38 F.R. 8704) the exterior of the respirator facepiece. iii) Procedure. The sampling proce dure shall be such as to permit the de Signed at Washington, D.C., this 6th day of January 1972. terminations required by paragraph (a) G. C. Guenther. of tliis section. Assistant Secretary ot Labor. (iii) Sampling duration. The sampling duration shall be for a period of not less [FR Doc.72-402 Filed 1-11-72:8:45 am) 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. . (2) Environmental. Environmental Food and Drug Administration monitoring shall be conducted in ail areas in which employees are exposed to [ 21 CFR Pert 19 1 concentrations of asbestos dust in excess of the limits specified in paragraph (a) of this section. CERTAIN CHEESES Proposed Identity Standards (1) Method. Asbestos dust samples Regarding Labeling Requirements 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 Notice is given that a petition has been filed by the National Cheese Institute. Inc.. 110 North Franklin Street. Chicago, HI. 60606, proposing that identity stand ards for certain specified cheeses be amended 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 the 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 food 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, ployee who is exposed to asbestos dust either on the principal display panel of in excess of the limits specified in para the label or on a single appropriate in graph (a) of this-section. formation panel, in accordance with (h) Records. (1) Every employer shall specifications that are consistent with maintain records of the personal and similar specifications for many other environmental monitoring, and of the food products. medical examinations, required by para Accordingly, it is proposed that Part graphs (f) and (g) of this section. Such 19 be amended: records shall be maintained for at least 20 years. (2) The records of monitoring shall be made available for inspection and 1. In 3 19.750(f) by revising subpara graph (6) and adding subparagraphs (7) and (8), as follows: copying to the Secretary of Labor and 19.750 Pasteurized process cheese: to his designated representatives. (3) The records of medical examina tions shall be made available only to the identity; label statement of optional ingredients. Secretary of Labor, to the Secretary of (f) * * Health, Education and Welfare, to desig (6) The full name of the food shall nated representatives of cither of them, appear on the principal display panel of and, at the request of the employee or the label in type of uniform size, style, former employee examined, to his and color. physician. (7) Wherever any word or statement 3. A new 3 1910.19 is props.-id to be added to Subpara E. reading as follows: 1910.19 AsbotOS dual. emphasizing the name of any .n aedient appears on the label (other titan as .speci fied in subparagraph (8) of this para graph) so conspicuously as to be easily Section 1910.93a shall apply to the ex seen under customary conditions of pur posure of every employee to asbestos dust chase, the full name of the food shall HER 0001609FEDERAL REGISTER, VOL 37, NO. 7--WEDNESDAY, JANUARY 12. '''