Document O13QGNgpnM6rrnkqdxOg6BLX

G-88 *fCf ,Vd JUH 2 8 1981 Editor: Mary P. Kllcoyn* June 23, 1981 The Occupational Safety and Health Adnlnistratlon removed standards for the occupational exposure to benzene from the Code of Federal Regulations (Federal Register, June 19, 1981, pp.32021-2, attached). The standards had been vacated by the Court of Appeals for the Fifth Circuit. The Supreme Court later affirmed the judgment of the Court of Appeals In validating the benzene standard. Effective date: June 19, 1981. \%!c MCI) 000013168 THE SOAP AND DETERGENT ASSOCIATION 475 Park Avenue South, Naw York, N.Y. 10018 (212)7tl* Federal Register / Vol. 46, No. 118 / Friday. June 19. 1981 / Rules and Regulations 32021 rtdifd Bureau of investigation DEPARTMENT OP LABOR 28 CFR Part 16 Occupational Safety and Hoatth Administration Production or Disclosure of Material or 29 CFR Porta 1910 and 1928 Information /-- ^Occupational Exposure to Benzene; aocncy: Department of Justice. Federal Occupational Exposure to Cotton Oust Bureau of Investigation. In Cotton Gins action: Final rule. summany: This directive changes the delegation of authority to deny requests under the Freedom of Information Act and the Privacy Act of 1974 from the occupant of the position of Chief. Freedom of Information-Privacy Acts Branch. Records Management Division. Federal Bureau of Investigation* to the occupant of the position of Chief. Freedom of Information-Privacy Acts Section. Records Management Division, Federal Bureau of Investigation. smenvt AT* June 9.1961. PON AMTMH INFORMATION CONTACT James K. Hall. Chief Freedom of Information-Privacy Acts Section. Records Management Divison. Federal Bureau of Investigation. J. Edgar Hoover Building. Washington. D.C. 20535 (202* 324-5520). Part 16, Title 28 of the Code oFFederai Regulations is amended by revising the Appendix to Subpart A to read as follows: Appends to Subpact A--Delegation of Authority 1. By virtue of the authority vested in me by Section 165(b) of Title 28 of the Code of Federal Regulations, the authority to deny requests under the Freedom of Information Act is delegated to the occupant of the position of Chief. Freedom of InformationPrivacy Acts Section. Records Management Division, Federal Bureau of Investigation. This same authority is delegated to the occupant of the position of Special Agent in Charge of each of the Reid offices of the Federal Bureau on Investigation far records in their custody and control. 2. This directive is tffecticaJune 9,19M. Dated: Jane 61981. WUliam H. Webster. Director. FederalBureau ofInvestigation. (FR Ok SMS0S2 PIM S-lf-SI: S4 *( mam cooa esmee-n aoencv: Occupational Safety and Health Administration. Labor. action: Deletion of rules vacated by court decision.* 3 Summary: The final standards for occupational exposure to benzene, 3 1910.1028. and occupational exposure to cotton dust in cotton gin*. 1910.1048 and i 1928.113 were vacated by the Court of Appeals for the Fifth Circuit In accordance with the Court's decisions, the stundards are being removed from Title 29 of the Code of Federal Regulations. iFFtcnw OAT* The deletions are effective on funs 19,1981. PON MMTHCn INFORMATION CONTACT Mr. James Foster. Room N3641, Office of Public Affairs. Occupational Safety and Health Administration. U S. Department of Labor. 200 Constitution Avenue. N.W., Washington. D.C 20210c Telephone (202) 523-8151. SUFPUOflUfTARY MPORMATKMC LBeozaoe The Occupational Safety and Health Administration (OSHA) published a final occupational health standard for exposure to benzene. 29 CFR 1910.1028. on February 10.1978 at 43 FR 5063. at amended at 43 FR 27971 on June 27, 1978. and at 45 FR 35283 on May 23, 1980. The new regulation, if effective, would have replaced the existing permissible exposure level of 10 ppm as found in 29 CFR 1910.1000, Table 2-2. Within the 60-day period provided by section 0(f) of the Act petitions for review were filed In the United States Court of Appeals for the Fifth Grcuit challenging the validity of the new benzene standard. That Court in American Petroleum Institute v. OSHA. 581F. 2d 493 (5th Gr. 197|. hold the regulation invalid. Hie Secretary of Labor and the Industrial Union Department AFL-OO petitioned for, and the Supreme Court granted certiorari. On July 2.1980. the Supreme Court in Industrial Union Department. AFL-CIO v. American Petroleum Institute, et ai. 100 S. Ct. Rep. 2844 (1980). affirmed the Judgment of the Court of Appeals for the Fifth Grcuit invalidating tha new benzene standard. In accordance with the decisions of the Supreme Court and the U.S. Court of Appeals for the Fifth Circuit, the benzene standard codified at 3 1910.1028 is deleted. In addition 11910.19(d). and footnote 1 to 3 1910.1000 Table Z-2, which were added to the Code of Federal Regulations as part of the promulgation of 3 1910.1028, are also deleted. The purpose of 3 1910.19(d) was to make clear that (he new benzene standard. 11910.1028. applied to the construction and maritime industries. The footnote that was added to Table Z-2 of 8 1910.1000 provided that benzene exposures exempted from coverage under 3 1910.1028 would still be covered by the exposure and other requirements of 11910.1000. It is noted that tha permissible exposure limits for benzene contained in Table Z-2 of 11910.1000 and the other relevant requirements of that section continue in effect As discussed In the preamble to the final benzene standard. 29 CFR 1910.1000. Table Z-2 was Intended to continue to apply until 11910.1028 took effect Since 3 1910.1028 has been vacated, 11910.1000 is the applicable occupational health standard for exposure to benzene. DL Cotton Dust in Cotton Gins OSHA published a final occupational health standard for exposure to cotton dust in cotton gins, codified both at 29 ' CFR 19UL1046 and 29 CFR 1928.113. on June 23 (43 FR 274341 and on June 3a 1978 (43 FR 28474). Hie standard was amended on May 23. I960 at 45 FR 35283. Within the 80-day period provided by section 0(fi of the Act a petition for review was filed in the United States Court of Appeals for the Fifth Circuit challenging the validity of the standard. That Court in Texas Independent Ginners Ass'n. v. Marshall. 630 F. 2d 398 (Sth Cir. I960), vacated the standard. In accordance with the decision of the U.S. Court of Appeals for the Fifth Circuit 11910.1046 and 11928.113 are deleted In their entirety* mcd 000013159 32022 Faderal Register / VoL 46. No. 118 / Friday. June 19. 1981 / Rules and Regulations Accordingly, pursuant to section! 6 and 8(g) ot the Occupational Safety and Health Act of 1970 (04 Slat 1593,1600, 29 U.S.G 655, 657], Secretary of Labor's Order No. 6-76 (41 FR 25059], and 29 CFR Part 1911, Parts 1910 and 1928 of Title 29, Code of Federal Regulations are amended as follows: 51S10.1t [Amended1 1. Paragraph (d) of 1910-19 is removed. 51910.1000 [Amended] Z Footnote 1 to Table Z-2, $ 1910.1000 is removed. $1910.1029 [Removed] 3. Section 1910.1028 is removed. 9 191Q.1046 [Removed] 4. Section 1910.1048 is removed. 5 1929.113 lRemoved] 5. Section 192&113 is removed Signed el Washington. D C this tlth day of June 1981. Thorne G. Auchter. Assistant Secretary ofLabor. |F* Doc. n-11290 AM KlMt ft4ft tmf auas cooa aea-n 29 CFR Put 1952 Approval of SuppJomofito to ArtzonM State Plan; Correction aqcncv: Occupational Safety and Health Administration. Labor. action: Final rule; correction. summary: This document corrects technical error which appeared in FR Doc. 80-38484 published at 45 FR 77Q0Q on Friday, November 21.1980. That document incorrectly codified two supplements under the wrong section. ' This document deletes paragraphs (i) and (j) of 1952.350, "Description of plan" of Part 1952 of this chapter and adds them to $ 1952.354, "Completed developmental steps.*' EFFECTIVE DATE June 19,1991. FOR FURTHER INFORMATION CONTACT! Marjorie N. Sauber, Telephone 202 523* 6021. Part 1952 of Title 29, Code of Federal Regulations is amended as follows: 51951350 [Amended! 1. Paragraphs (i) and (j) of $ 1952.350 are removed. Z Section 1952.354 is amended by adding paragraphs (i) and (jj as follows: $1982454 Completed developmental steps. .* * (i) Regulations concerning variances were promulgated on November 18, 1977, and were approved by the Assistant Secretary on November 13, 1980. (j) Regulations concerning discrimination complaints were promulgated on September ZZ 1977, and were approved by the Assistant Secretary on November 13. i960. (Sea 18. Pub. L 91-596. 04 Stat 1668 (29 U.S.C. 667)) Signed at Washington. D C this 15th day of June 1981. Thome G. Auchter. Assistant Secretary ofLabor. (FR Dae. n-lm Filed e-ift-fti. 45 am) eajjMO eooa PENSION BENERT GUARANTY CORPORATION 29 CFR Part 2610 Valuation of Plan Benafits in Non* Muttiatnployer Plans; Correction agency: Pension Benefit Guaranty Corporation. ACTtott Final rule: correction. summary: This document corrects the final rule on the valuation of benefits in non-multiemployer pension plans which appeared on puge 9492 of the Federal Register of January' 28.1961 (40 FR 9492). litis action is necessary to correct the actuarial formula for an annuity certain and joint and sui s ivur (contingent basis) thereafter, set forth in $ 261044(1), the actuarial equation for a death benefit in the form of term insurance decreasing annually set forth in $ 2610.47(d), and the actuarial expression for a death benefit in the form of terra insurance decreasing periodically sot forth in | 2810.47(a). EFFECTIVE DATE June 19.1981. FOR FURTHER INFORMATION CONTACT! Nina R. Hawes, Stuff Attorney. Office of the General Counsel. Suite 7200, 2U20 K Street, N.W.. Washington, D.C. 20006, (202) 254-3010. Robert E. Nagle, Executive Director. Pension Benefit Guaranty Corporation, The following corrections are made in FR Doc. 81-2983 appearing at 9492 in the issue of January 26, iutti: 1. On page 9502. column two. ) 2810.44(1) is corrected to read as follows: 12910.44 Immediate Annuities. Ia* * (1) Annuity certain and joint and survivor (contin^r.i bo*isI thereafter. An annuity certain ami joint and survivor (contingent basis) ihurrufter is an annuity that is payable in a certain amount until the later of (1) the death of the participant, or (2) the passage of a specified period of time, and payments continue in an equal or reduced amount for the life of the beneficiary. The plan administrator shall compute the value of this annuity using the following actuarial expression: (mi N. Pf - ) 1 a Arr J 2. On page 9503. column three. 3$ 2610 47(d) and 2610.47(e) are corrected to read as follows: $2910.47 Oeath benefit*. R 9 (d) Death benefit in the form of term insurance decreasing annually. A death benefit in the fonn uf term insurance decreasing annually is a benefit which is payable at death, if death occurs within a stated period of time. It is baaed upon an initial amount n. if death occurs at the beginning of the covered period. The amount, n. decreases each year during the covered period. The plan administrator shall compute the value of this benefit using the following actuarial equation; (DA), ' 15-*--*--* D, (e) Death benefit in the form of term insurance decreasing periodically. A death benefit In the form of term insurance decreasing periodically is a benefit in an initial amount of n-1/m, which is payable at death, if death occurs within a stated period of time. This amount decreases by l/tn, m times each year during the covered period. The plan administrator shall compute the value of this bonc-ui by using the following actuarial expression: ...... - *.*. (Secs. 4002(b)(3). 4041.4044. and 4062(b)(i |(A). Pub. L 93-41*. 68 Stut 1004. 1020,1023-27 1029. (1974). as amtndeJ bv Secs. 40 i(l), 403(d). and 402(a)(7)- Pub. L. <*'364. 94 Sl.it. 1.WU. 1301. 1219 (19801 (U9 U 5 ( . 1302. l.ltl.1344. and 1362i) iva (Xh- m H4Sn| Siujno coot rroft-ai-n MCD 000013160