Document QkK0pRVpkErv0431Vv4r7yeMk

U'Al `S RULES AND REGULATIONS (1) 8 3/10 pounds of sucrose; or . make application to the regional direc prepared In dupllcato by each proprietor.- >3) One gallon of concentrated fruit tor. In triplicate, to do so, describing: Where the proprietor has given notice juice of not isos than 70 Brlx made from (a) The records to be reproduced. of suspension of operations In accord tlie same kind of fruit used In the manu (b) The reproduction process to be ance with the provisions of 118.79, a re facture of the concentrate; or ' employed. port on Form 1605 need not bo prepared (3)3 \k ounces of any of the following: (l) Malic acid; , (11) Citric acid: or (111) TartarlQ acid. ' <c) Hie manner In which the repro or submitted tor any month In widen ductions are to be preserved. there were no operations. The orlglm.1 (d) The provisions to be made for ex of each monthly report shah be for amining, viewing, and using such warded to the regional director not later 8 18.123 Concentrate returned from a reproductions. . bonded wine cellars The regional director shall not ap (a) General. The proprietor of a con prove any application unless (1) the Di rector has approved that type of record centrate plant may accept the return of for reproduction and the reproduction concentrate shipped by him to a bonded process to be employed, and (2) the wine cellar. In such case, the proprietor of the concentrate plant shall: manner of preservation of the reproduc tions and the provisions for examining, <1) Glvo written consent to the pro viewing, and using such reproductions prietor of the bonded wine cellar for such are. In the regional director's opinion, return: and satisfactory. Whenever records are re (2) File, with the regional director, a produced under this section, the re consent of surety extending the terms of produced records shall be preserved In his bond. Form 1094, to cover the return of such concentrate to his plant. (He conveniently'accessible flies, and provi sions shall be made for examining, view may, If he so desires, file one consent of surety on his bond to extend the terms ing, and using the reproduced record the same as if it were the original record, and thereof to cover all. such concentrate it shall be treated and considered for all which may be so returned to him.) If purposes as though it were the original the regional director approves the appli record: all provisions of law and regu than tho fifteenth day of the month sueceedlng. that for which rendered. _ - 8 18.145 Final report. `' When a change In the proprietorship of the concentrate plant occurs, the out going proprietor shall enter on ills final report, Form 1695, an account of all con centrates transferred to his successor, who shall In turn enter such items on ids report. Form 1695, as received from his predecessor. The outgoing proprietor shall make appropriate notation on ail forms and records required to be kept by him, showing the change in proprietor ship and the date thereof. (FR Doo-70-7931 Piled 8-10-78:8:48.am] ' 2 Title 29--Labor . _ cation of the proprietor of the bonded lations applicable to the original record CHAPTER XVII--OCCUPATIONAL SAFETY wine cellar to return the concentrate, he shall be applicable to the reproduced AND HEALTH ADMINISTRATION, DE will send a copy of his approval to the record. As used in this section "original PARTMENT OF LABOR proprietor of the concentrate plant. record" shall mean the record required (b) Receipt of returned concentrate. - by this part to be maintained or pre When the returned concentrate is re served. even though It may be an ceived, the proprietor shall note on both executed duplicate or other copy of the PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS ' Standard for Exposure to Asbestos ' ' copies of the covering Form 3874 any loss document. - Pursuant to sections 0(b) and 8(0 In transit or other discrepancy, sign the form, retain one copy, and forward one 8 18,143 Daily records. of the Occupational Safety and Health Aot of 1970 (84 Stat. 1593,1899: 29 U.S.C. copy to his regional director before the The proprietor shall maintain dally 658, 657),. Secretary of Labor's Order No. close of the next business_ day. The1-records which show the date of the 12-71 (36 FR 8754). and 29 CFR Part quantity of concentrate received shall be transaction and which accurately and 1911, { 1910.1001(1) (!) of Fart 1910 of recorded In the proprietor's daily records and shall be reported on an unused line on bis monthly report, FormT695. clearly reflect, by kind and by quantity, the following: (a) Processing material used. Title 29, Code of Federal Regulations. Is hereby amended in the manner set forth below, in order to extend the retention ' Subpart I--Records and Reporta. 8 18.141 Records and reports. <b) Processing material removed. period for asbestos exposure monitoring (c) Concentrates produced and the records from three years to twenty years. alcohol content thereof. On December 7, 1971 (38 FR 23207), Each proprietor shall keep-records^ond- - (d) Concentrate used (by kind) In the OSHA issued an emergency temporary' render reports as required by this part, manufacture of products at the concen standard on asbestos In response to a pc- , Each records and copjes of applications, trate plant premises. titlon by the Industrial Union Depart notices and reports, shall be maintained (e) Concentrate transferred (by kind) ment of the AFL-CIO, pursuant to sec on or convenient to the concentrate plant and the percent alcohol by volume available for inspection by ATF officers thereof. during business hours. Such records and - (f) The name and address of each per copies of applications, notices and re son to whom such concentrates are ports shall be preserved for a period of shipped and, in the case of concentrates not less than two years from-the data- shipped to, or returned by. a bonded wine thereof or the date of the last entry re cellar (1) the registry number of the quired to be made thereon, whichever Is bonded wine cellar. (2) the variety of tion 6(0 of the Act (84 Stat. 1596, 29 U.B.C. 655). This emergency temporary standard was designed primarily to Immediately reduce and control occupa tional exposure to asbestos dust concen trations, and did not contain record keeping procedures. However, on Janu ary 12. 1972 (37 FR 460), OSHA pub the later: Provided, That the regional grape, the kind and variety of berry, or lished a proposed comprehensive stand director may require such records to be the kind of fruit (if other than grape ard for asbestos exposure which did kept for an additional period of.not ex? or berry), from which the concentrate Include recordkeeping provisions. Para ceedlng two years in any case where he was produced, (3) the percent of alcohol graph (h) (1) of the proposal. (37 FR_ deems such, retention, necessary-.or...by. volume of .the concentrate, and (4) advisable. the fold.of the concentrate. (g) Substances received for use In 8 18.142 Photographic eopies of records. rendering concentrates unfit tor use as a Persona who desire to record.' copy,~or-^beverage--- 468) provided that exposure monitoring records, and records of medical exami nations, be maintained for a period of twenty years. After public hearings the Secretary promulgated a new,--perma- reproduce records required to be pre served under 118.141 by any photo - graphic, photostatic, microfilm, micro card, miniature photographic, or other ' process which accurately reproduces or (h) Substances used in rendering con centrates unfit lor use as a beverage or otherwise disposed of. (72 8Cat. 1392; 20 VS.C. 3011) 8 18.144 Monthly report. / neni OSHA standard for asbestos on June 7, 1972 (37 FR 11318). In accord ance with section 8(b) of the .Act (84 Stat. 1893.29 UJ3.C. 658). This new reg ulation. which appeared as 20 CFR 1910.93a prior to rocodlflcatlon, con . forms a durable medium for so repro A monthly report, on Form 1699,; of . talned a three-year requirement for re ducing the original of such records, shall concentrate plant operations shall be taining exposure monitoring records, 29 * L l PENGAO-Bajronn,N.J FEDIIAl IEOISTEI, VOL 41, NO. JJ--MlDAY, MAtCH 1*, .1*7* 5O130091 >r; --7i 'VJi'A f; rTTJ.TTfip.? 4 1 i CFIt 101O.03a<tMU. Know-*29. CFR~ the agency's declared concern that tha (1X1) Of 29 CFR 1910.1001 U hereby . JOIO.IOOKU (>. ... ,, poet Inadequacy of health and monitor omonded to read as follows: , On July 37, 1873, pursuant to section 6(f) of tha Act, (84 Stat. 1507, 29 U.a.C. ing records.have hindered research Into the consequences of asbestos exposure at 61910.1001 Asbestos. ' * 605). a petition for Judicial review of the the workplace. ST FB11310, June 7.1072. asbestos standard was filed with the The long latoncy periods associated (1) Recordkaeptruj--(1) rxposure rec United States Court of Appeals for the with asbestos-related diseases, and the ords. Every employer shall maintain rec DUtrlct of Columbia. The principal peti consequent need for a standard to take ords of any personal or environmental tioners, tha Industrial Union Depart-, such latency periods Into account, were monitoring required by this section. Rec niont. AFL-CIO, objected to several sub recognized by both the QSHA Advisory ords shall be maintained for a period of stantive portions of the standard, includ Committee on Asbestos Dust (proceed at least 20 years and shall be made avail ing those dealing with recordkeeping. ings at pp. 103-105, February 17, 1S72) able upon request to the Assistant Sec The Court affirmed the Secretary's and the NIOSH Criteria Document for a retary of Labor for Occupational Safety judgments and the standard's validity except for two provisions, one of which was the retention period for exposure monitoring records. "Industrial Union Recommended Standard on Asbestos (generally chapters I and ID. In addi tion. testimony by two witnesses at the OSHA hearings also supported longer re and Health, the Director of the National Institute for Occupational Bafetr and Health, and to authorized representa-> ttves of either. ., Department, AFL-CIO v. Hodgson," 499 tention periods for exposure monitoring * F. 2d 467 (C.A.D.C. 1974). The Court directed the Secretary to re-examine the standard with respect^ to the three-year ' recordkeeping provision and to recon sider whether such time period ade quately assured ' employee protection from asbestos-related diseases. . records (Tr. at 627, 538. March 17.1072). A consensus of the evidence In the record Indicates that exposure monitoring ree- ords,.should be held for at least 20 years in order to make such a requirement meaningful In view of what Is generally recognized as the minimum latency pe (Fact. 0, 8. Pub. L. 91-see, 04 Stat. 1593. 1698 (29 V.BjO. ess. 937); Secretary of LaborW Order Vo. 12-71 (39 FR 8794); 29 CFR Part 18U). A >; ; Signed At Washington, D.C.'thls T2Q1 day ofMarch 1978. 1` In discussing this issue, the Court riod for many asbestos-related diseases. Morton Coin,,, " * noted that many of the problems facing OSHA Is of the view that the interests of the Secretary in developing an asbestos worker health would be best served by standard were directly attributable to requiring the retention of exposure mon Assistant Secretary of Labor, (fR Doc.78-7791 Piled 8-18-76:8:46ami Ti tho lack of Information concerning itoring records for a period which re asbestos-relatad diseases, and particu flects an appreciation of this recognized larly to the lack of reliable data on post, latency faotor. . Tllle 36--Parks, Forests, nd Public.' :".'. ' Property . . I, exposure levels. Noting tho close func Accordingly, pursuant to the Court's CHAPTER I--NATIONAL PARK SERVICE;. . tional relationship between medical rec remand for further consideration of tho DEPARTMENT OF THE INTERIOR ords and exposure records, and the fact that the standard-required that medical records be maintained for at least 20 years, the Court expressed .surprise at 'the short three-year retention period .for monitoring records. After reviewing retention period for monitoring records, we have concluded, based on the exist ing, record and for the reasons stated above, that a 20-year retention period is supported by the evidence and neces sary for the protection of employees. It PART 7--SPECIAL REGULATIONS. AREAS OP THE NATIONAL PARK SYSTEM /, >/ Lake Mead National Roereatlon Area, Art- rone--Nevada Closure of Designated : . Alrttrip . .. . the Secretary's obligation under the Act is noted that in a new proposal on ex Notice la hereby given that pursuant to require retention of records neces- posure to asbestos (40 FR 47(132, October to the authority contained In section 3'' ' sary for tho development of Information 9. 1975), which reflects the most recent of the Act of August. 25,- iBies-oe Stat. concerning the causes^rdlseawsrarttre scientific and medical developments in 633, as amended; 18 USC 3), Section-8 > Importance of exposure data in estab the. field, a 40-year retention period (or of the Act of October-8, 1984; <78 Stat lishing this causal relationship, the Court the duration of employment plus twenty remanded the recordkeeping requlre- years) for both exposure measurement ments to tho Secretary "for such modifi cation or clarification as may be neces sary to onsure that the statutory objec tives will be fulfilled" 499 F. 2d at 488. Pursuant to the Court's. direction, and medical records has been proposed. For the reasons stated above, the ex posures records provision of the asbostos Standard will be corrected to require re tention of exposure monitoring records OSHA has completed Its. reviewrand has concluded that the opinion-expressed by ~ for at least 20 years, effective March 19, 1978. OSHA believes that a delay in the - ' tho Court Is an accurate reflection of the* effective date of this requirement Is not . record; and that the agency's initial warranted since this rule only requires Judgment warrants correction. . that affected employers retain records 1040;' 18 USC 480n-5>, and 243 DM-l (34 FR 13879) as amended, 17.48(a) (3) of Title 38 of the Code of Federal-/Regulations Is revoked os set forth below. The purpose of this revocation 13 :to permanently close the Pierce Ferry .(also known as Pearce Ferry) landing strip to* . ' Catcd at approximate latitude 38*05* N.. approximate longitude 114*03' Vf. Fursuant to tho Superintendent's,, authority; -. under 80 CFR | 2.8, thts landing'Stflp-,;' hna been temporarily closed-due' to It*.;' . OSHA bellevcs-that; extension of the which they have already compiled and Inadequate length and other aafoty fao*. .recordkeeping requirement for exposure therefore does not Impose a new burden tors. Standard markers have been used-- -; .monitoring from three year* to twenty of action, and since the Initial three-yenr to indicate to pilots that'the strip ls>'-. . years as originally proposed would be in retention period tor such records has now closed. Revocation of this subparagraph harmony with the twenty-year retention lapsed and theso records might be will remove this landing atrip from the period now roqulrcd for employee.med}-. ; destroyed. Loss of such records would be list of those within-Cake Mead National'/.'. . cal records, 29 CFR lOlO.lOOHJ) (8) (. Irreparable. Continued access to such Rcorcatlon Area at which aircraft opefr'i':. As the court noted (489 F. 2d at 483), records by all concerned Is essential In atlon and use are permitted! 4 .. tho two sots of records whon read to tho public Interest, and Is an approprlnto It 1* tha policy of tlio Department Of ] tether would provide a more complete means of effectuating the goals of !m- the Interior, whonover practlcable/to'^;, ,, record of an .employee's history of ex ?roved workor safety and health under* afford the public an opportunity to par-* .. posuro, a facto* vitally Important with he Aot. Oood cause Is found, therefore, tietpato in tho rulemaking process, iu this ; lcspcct to asbestos-related disease*. The pursuant to soctlon 4(d) (3) of the Ad-' Instance; however,, sofety eonildcratlons . v extended period for retention, with re mlnlstrative Procedure Act. (6 U.8.0.853 whtoh necessitated Biosura of this oiNV'".-' ' suitant data accumulation, will bo cm- (d) (3) >, for making this rule ef.f.e..c..t.i.v..e.. atrip make It lmptactlaal to' withhold a?;* lcr.l to tnodicil end.sotontifle tnvestiga* Accordingly, pursuant to-tha dlrcc- "Implementation of this- revocation.dura ra ; tUn-j.Uudylng such questions as dose tion of the United States Court,of Ap-1 ing n porlod of publlecomment, 1-monst;- tceuciloo relatlonslllns in dloeasaa caused Deal* fTurltirtrlnl Union DonnrfmnnS Vttthrt ttlrh tn Xllbmit writ(til: comments,