Document ZJdNaye32JJmVL2mMJdJyqj10

SNt-32 (REV. 5-78) Shell Oil Company Interoffice Memorandum JULY 1, 1987 7j?/ / EftVf Return Document to File X Record Copy in File Information Copy Record Copy in Copy: /f/fr Circulate: FROM: SR. INDUSTRIAL HYGIENIST, HEALTH & SAFETY, MFG. & TECH. TO: SEE ATTACHED DISTRIBUTION LIST SUBJECT: ASBESTOS COMPLIANCE PLAINTIFF'S EXHIBIT SH-609 Attached for your information are three items on the OSHA Asbestos Stan dard which were received through the ORC. P. J. Snyder PJS:bjd Attachment cc: B. F. Aurelius K. C. Crawford A. D. Ditmar BT8718201 LANlO17171 DPMC-10908 DISTRIBUTION LIST ANACORTES REFINERY MANAGER, HEALTH, SAFETY AND ENVIRONMENT DEER PARK MANUFACTURING COMPLEX SUPERINTENDENT, HEALTH, SAFETY AND ENVIRONMENTAL MANAGER, HEALTH AND SAFETY GEISMAR PLANT MANAGER, HEALTH, SAFETY AND ENVIRONMENT MARIETTA PLANT MANAGER, HEALTH, SAFETY AND ENVIRONMENT MARTINEZ MANUFACTURING COMPLEX MANAGER, HEALTH AND SAFETY NORCO MANUFACTURING COMPLEX MANAGER, HEALTH, SAFETY AND MEDICAL ODESSA REFINERY MANAGER, HEALTH, SAFETY AND ENVIRONMENTAL TAFT PLANT SAFETY AND TRAINING REPRESENTATIVE WILMINGTON MANUFACTURING COMPLEX MANAGER, HEALTH, SAFETY AND ENVIRONMENTAL WOODBURY PLANT MANAGER, HEALTH, SAFETY AND ENVIRONMENT WOOD RIVER MANUFACTURING COMPLEX MANAGER, SAFETY AND INDUSTRIAL HYGIENE 2 BT8718201 LAM 017172 DPMC-10909 1331 Pennsylvania Avenue. N.W. Washington, D C. 20004 202-737-6330 p] Organization Resources Counselors, Inc Memorandum \ June 15, 1987 To: From: Subject: ORC Occupational Safety and Health Group ORC Asbestos and Respirator Task Forces Darrell K. Mattheis OSHA Interpretations on the Use of Helmet Type PAPR Respirators to Protect Against Asbestos Fibers Recently, I have received a number of inquiries about OSHA's views on the use of helmet type PAPR respirators against asbestos. In response to a request from one ORC member, I made specific inquiries with OSHA on their policies as regards the use of Helmet type PAPRs; the results of that inquiry are contained -in the letter included here. DKM/jt/1 HEALTH & SAFETY MANUFACTURING & TECHNICAL JUN29 1987 LAM 017173 DPMC-10910 rpql Organization Resources Counselors, Inc? May 12, 1987 National Place, Suite 911 1331 Pennsylvania Avenue, N.W. Washington, D.C. 20004 .202-737-6330 In response to your inquiry about OSHA's views on the use of the 3M White Hat Powered Air Purifying Respirator (PAPR), I spoke to the OSHA Office of Health Compliance Assistance. OSHA is encour aging the use of the PA.?Rs, where appropriate, including loose fitting helmet types and, it was pointed out to me that in OSHA's Asbestos Standards, the employer is required to make a PAPR available to employees working with or around asbestos, upon request. OSHA's Draft Revision of 1910.134 allows a Protection Factor of 25 for loose fitting helmet type PAPRs. The folks at OSHA did not think that their field compliance officers would cite you for the use of a "White Hat" PAPR under the present 1910.134, both, because that, standard allows for the use of PAPRs and because the OSHA Asbestos Standards encourage their use. An additional advantage of using PAPRs is that under the OSHA Asbestos Construction Standard, the employer is allowed a 30 day exemption from the requirement for medical surveillance for workers exposed to asbestos, at or above the action level if they are NOT using negative pressure respirators (Section (m) (2) (i) (A)&(B), page'22760-22761 of the June 20, 1986 Federal Register.) If you should have additional questions, give me a call. Sincerely, Darrell K. Mattheis DKM:jkj LAM 017174 DPMC-10911 1331 Pennsylvania Avenue. N.W. Washington. D C. 20004 202-737-6330 Organization Resources Counselors, Inc May 26, 1987 Memorandum To: From: Subject: ORC Asbestos Task Force ORC Occupational Safety and Health Group ORC Occupational Safety and Health Lawyers Darrell K. Mattheis Corrections and Technical Amendments to OSHA's Asbestos Standards On Tuesday, May 12, 1987, OSHA released (52 FR, 17752) corrections, technical amendments and information collection requirements approval for its Asbestos Standards, at 29 CFR Parts 1910 and 1926. There are many small changes and corrections, but one in particular that you should be aware of is discussed at the bottom of page 177 52, third column. Table D-4, the respirator selection table in 1926.58, is being amended by adding the phrase "Other than a disposable res pirator" to the description of the class of respirator allowed to be worn in airborne concentrations not in excess of 2 f/cc. F6r your interest, a copy of the amendments and corrections to OSHA's Asbestos Standards as published in the Federal Register is included here. DKM/j t/23 LAM 017175 DPMC-10912 17752 Federal Register / VoL -52, / Tuesday. May 12, 1887 / Roles and Regulations mortgages insured on or after April 27, . 1987, ..." ............. - - V-a-T * PART 235--MORTGAGE INSURANCE AND ASSISTANCE PAYMENTS FOR HOME OWNERSHIP AND PROJECT REHABOTABON 3. Tbe authority citation for 24 CFR Part 235 continues to read as follow*: Authority: Sections 211.235, National Housing Act. (12 U.S.C. 1715b, 1715z)t Section 7(d), Department of Housing and Urban . Development Act. (42 U.S.C. 3535(d)). 4. In | 235.9. paragraph (a] is revised to read as follows: | 235.9 Maximum Interest rate. (a) Tbe mortgage shall bear interest at the rate agreed upon by the mortgagee and the mortgagor, which rate shall not exceed 9.50 percent per annum with respect to mortgages insured on or after April 27,1S87. . 5. In S 235.540. paragraph (a] is revised to read as follows: 235 540 Maximum Interest rate. (a) The mortgage shall bear interest at the rate agreed on by the mortgagee and the mortgagor, which rate shall not exceed 9.50 percent per annum with respect to mortgages insured after April 27.1S87. 4 I Dated: April 30.1967. Thomas T. Deanery, t Assistant Secretary for Housing--Federal Housing Commissioner. |FR Don 67-10736 Filed 5-11-87; 8:45 ami aiCLMC coot 4210-37-U DEPARTMENT Of JUSTICE 28 CFR Part 17 lOnJer No. 1187-87) Membership of the Department Re view"Committee AG exerr: Department of Justice. action: Final rule. uwmany: This Order revises Part 17 of Title 28, Code of Federal Regulations, to change the security regulations of the Department of Justice for the purpose of providing a Civil Division representative to the Department Review Committee. effective date: April 24.1967. FOA FURTHER INFORMATION CONTACT: D. Jerry Rubino, Department Security Officer. Department of Justice. Washington. DC 20530 (202) (633-2094). This rs not a toll-free number. SUPPLEMENTARY SSFONMATION: This . regulation is exempt from tbe requirements of Executive Order 12291 as a regulation related to agency. .. organization and management ' . Furthermore, this regulation will not have a significant Impact on a .. substantial number of small entities because its effect Is internal to the Department of Justice and is therefore exempt from the Regulatory Flexibility Act . List of Subjects in 28 CFR Pxrt 17 Classified information. Foreign relations. By virtue of tbe authority vested In me by EO. 12356. 5 U.S.C. 301 and 28 U.S.C. 509, 510. f 17.135 of Part 17 of Title 28. Code of Federal Regulations is revised as set forth below. PART 17--[AMENDED] 1. The authority citatation for Part 17 is revised to read as follows: Authority: 5 U.S.C. 301: 28 U-S.C- 509.510: EO. 12356. 117.136 [Amendadl 2. Section 17.135 Is amended by redesignating paragraphs (b) (4). (5). and (6) as paragraphs (b) (5). (6J. and (7], end by adding a new paragraph (b)(4) to read as follows: (4) Civil Division Dated: April 24.1967. Edwin Meese IH. Attorney General. (FR Doc. 87-10756 Tried 5-11-87; 6:45 am] WUJNG COOt 4410-CV-U DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Parta 1910 and 1926 Occupational Exposur* to Asbestos, Treroottte, Anthophybtte, and Actinolite; Corrections and Information Collection Requirements Approval AGENCY: Occupational Safety and Health Administration. Labor. ACTION: Final rules: corrections, technical amendments and information collection requirements approval. Summary: This document makes corrections to the preamble of the final rules for Occupational Exposure to Asbestos. Tremollte, Anthophyllile. and Actinolite which appeared in the .Federal Register cm June'20,1988 (51 FR 22812} and technical amendments to 29 CFR Parts 1910 and 1928. ...... FHCTTVE DATE*: May 12.1987.29 CFR 1910.1001 (dXZ). (dX3). (d)(5). (dX7). (0(2). (gHaXl). 0X5). W. and (m) became effective on October 2.1988.29 CFR 192858 (f)(2). (f)(3). (0(8). (h)(3)(i). (k)(3), (k)(4). (m), and (n) became effective on November 14.1008. FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, OSHA Office of Information and Consumer Affairs. . Room N3637, U.S. Department of Labor, 200 Constitution Avenue NW,, Washington, DC 20210. Telephone (202) 523-8148. supplementary information: On June 20.1986 (51 FR 22812) OSHA published a document titled "Occupational Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite; Final Rules". At the time of publication the information collection requirements of those rules had not been approved by the Office of Management and Budget under the Paperwork Reduction Act of 1330,44 U.S.C. 5501, et teq. On October 2.1988, fee Office of Management and Budget approved fee Information collection requirements for 29 CFR 1910.1001 and has assigned them Control No. 1218-0133. Accordingly, fee Information collection requirements of the asbestos, tremolite, anthophyllite. and actinolite final rule (5 1910.1001} published June 20.1986 became effective on October 2,1988. On November 14.1988. the Office of Management and Budget approved fee information collection requirements for 29 CFR 1926.58 and has assigned them Control No. 1218-0134. Accordingly, the information collection requirements of fee construction industry standard for asbestos, tremolite, anthophyllite. and actinolite (5 1926.58) published June 20. 1986 became effective on November 14, 1986. There were a number of typographic errors in fee June 20.1986 document preamble as well as in fee codified standards 29 CFR 1910.1001 and 29 CFR 1923.58. This document amends and corrects all fee substantive and typographic errors in fee regulatory text and those in the preamble where correction is needed to make fee meaning clearer. One of the amendments being made is to fee respirator selection tables codified at 29 CFR 1910.1001. Table 1. and 11828.58. Table D-4. These tables are being amended by adding fee phrase "other than a disposable respirator" to the description of the das* of respirator allowed to be worn In airborne LAM 017176 DPMC-10913 {Federal Register j Vol. 52, No. B1 / Tuesday, May 12. 1987 / Rules and Regulations 17753 concentrations not in excess of 2 F/cc.' While this explicit prohibition on the use of disposable respirators was not included in the regulatory text issued on June 20,1668. - ! `- OSHA intended to prohibit their use. OSHA indicated in the preamble to the standards that disposable respirators were not allowed (51 Fit 22718), and had stated in the appendices to the standards that "disposable respirators or dust masks are not permitted to be used for asbestos, tremolite, anthophyllite and actinolite work." (App. G. (Ill)A. 51 FR 22754. App. H. (HI)A. 51 FR 22788). OSHA omitted the clarifying phrase, "other than a disposable respirator," from the tables because the purpose of the respirator selection tables is primarily to state which respirators are permitted in specific air concentrations, not to list explicitly those which are not allowed. As explained above, the Federal Register document read as a whole, clearly indicated OSHA's decision to prohibit disposable respirators. However, to ensure that the respirator selection tables, when read alone, are clear, they are being amended to specifically state th?t disposable respirators are not permitted. Since these technical amendments do not substantively change the requirements of the standards, they were made effective immediately and without opportunity for advance notice and comment which OSHA finds "unnecessary and impracticable" within the meaning of 5 U.S.C. 553(b). PART 1910--(CORRECTED] o PART 1926--(CORRECTED) Accordingly, the preamble to FR Doc. 86-13674 published in 51 FR 2281222790, June 20,1988. is corrected to read as follows: Corrections to the preamble: 1. On page 22829. column 1, line 5. "[Platek et al.. Ex. 84-240)" is corrected to reSd "(Platek et al.. Ex. 84-230]". Z On page 22831, column 1, last paragraph, line 1Z "or" it corrected to read "of". 3. On page 22851, Table 7, line entry for A/C pipe under column 5. "0.01-1.21" is corrected to read "0.01-1.81". 4. On page 22855, Table 1Z line entry for total under column Z "764.7.28" is corrected to read `748,228". 5. On page 22866. column 1. Table 24, ia corrected to read: Industry r Total cancer deaths Primary Manufacturing: A/C. Pipe. A/C Frirtinn lulntnruil* Tortile* FlnnrTite fnrt Parking* Pxpor floatings and RoaLant* Plaatira __ Secondary Manufacturing: A/C. Sheet Frictinn Gaskets and Packings_________ Tinrtil** PtflRtir* Automotive Remanufacturing___ Services: Airtnmntk/o Repair Ship Repair Construction: FVmnlrtinn RjfiMtng Rftnnvatinn ........... Routine Maintenance In Com mercial and Residential Build ing*! . Routine Maintenance In Gener al Industry Tntnl 0.06 0.14 . 3.39 0.16 <0.01 0.12 0.04 0.39 0.09 0.16 0.46 0.70 0.11 0.17 0.74 30.15 4Z8 0.36 0.66 0.23 2Z15 9.60 0.34 74.72 Source: U.S. Department of Labor, OSHA, Office of Regulatory Analysis. 6. On page 22666. column Z Table 25, ia corrected to read: Industry Total cancer deaths avoided Primary Manufacturing: A/C. Pipo ............... A/C SheetFrirttan IXalPfiAk. TftvtiSM PWy Tii CxkAt* firvl Parking* Papftf. Secondary Manufacturing: A/C. Snoel CM*kri* finrJ Parkfng* Automotive Remanufecturtng___ Services: Ship Repair.. Construction: DemoStioo_____________________ Buikfcng Renovation 0.07 0.16 4.00 0.18 0.02 0.13 0.06 0.48 o.n 0.18 0.65 0.B8 0.12 0.29 0.90 39.25 4.61 0.61 0.76 0.23 22.49 Industry Total cancer deaths avoided . Routine Maintenance In Com mercial and Residential Build ing* < Routine Maintenance in Gener al fevi retry Treat 11.23 0.39 87.80 Source: U.S. Department ot Labor, OSHA Office of Regulatory Analysis. . 7. On page 22668, Table 27, line entry for A/C sheet under column Z "1-260.6" is corrected to read "1,260.0". 8. On page 22668, Table 28, line entry for ship repair under column Z "3918.5" is corrected to read "3.919". S. On page 22676. column Z second complete paragraph, lines 16 and 17, delete "disposable protective clothing". 10. On page 22685, column 3. line 1, "50 mm--long cowl extension" is corrected to read "50 mm electrically conductive extension cowl". 11. On Page 22685. column 3, lines 5 and 6, "1pm" signifying liters per minute, is corrected to read "1pm". 1Z On page 22886, column 1. third paragraph, lines 4 and 5, "50 mm extension cowl" is corrected to read "50mm electrically conductive extension cowl". -13. On page 22686, column 1. fourth paragraph, lines 4,7,10 and 18, "1pm" signifying liters per minute is corrected to read "lpm". 14. On page 22888, column Z line 25, "importane" is corrected to read "importance". 15. On page 2270Z column 3. line 17. "felf" is corrected to read "felt". 18. On page 22706. column Z second complete paragraph, lines 13 and 14. "(e.g.. paragraphs (e)(6). (i][4). and GKlKij- ** corrected to read "{e.g.. paragraphs (e)(6). (j)(l)(i). and (j)(2)(i]]'\ 17. On page 22706, column 3, second complete paragraph, the last sentence is corrected to read `These employers are also required to ensure that these employees observe strict decontamination procedures before they leave the worksite". 18. On page 22713. column 3. line 8 from bottom of page, "quarterly" is corrected to read "semi-annual". 19. On page 22715. column Z line 12, "paragraph (g)(l](i)" is corrected to read "paragraph (g)(l)(i)". 20. On page 22715. column Z line 18. "Paragraph (g)(l)(i)[G)" is corrected to read "Paragraph (g](l)(i)(G)". 21. On page 22715, column Z second complete paragraph, line 1. "paragraph LAM 017177 DPMC-10914 17754 ,Federal Register / Vol. 52. No.' 1 / Tuesday, May 12 1*67 / Roles and Regulations feimon" corrected to lead "paragraph read "or a combination of these - o. In Appendix G under "II. Saccharin (gfllpT. 22. On page 22717, column 1, line 13, minerals at or above th action level and ensure their participation in the Solution Aerotol Protocol. Rem B.C-iav- "loudly" b revised to read "paragarph" U corrected to read program.-. "aloud". "paragraph". c. In paragraph (j](5)(iiiXC). p. In Appendix G under "IL Saccharin 23. On page 22717, column 1, tacocd - ."paragraph (1)" Is revised to read Solution Aato&ol Protocolitem U.C.14.. complete paragraph, tines 2 and X "paragraph (If". "1AA" b revised to read "saccharin "Respiratory Protection" b corrected to d. In paragraph 0XS)(iHXH). "A solution aerosol". "V read "respiratory protection". review" is revised to read "The * q. In Appendix G under "HL Irritant < 2*. On page 22721, column 1, first . content". ' Fume Protocolitem MA., complete paragraph, line 1, "Primary" is e. In paragraph (o)(2)(vf), "paragraph "combination of high-efficiency and V corrected to read "primary". nri* revised to read "paragraph PJ". acid-gas cartridges" is revised to read 2$. On page 2272S, column X line 14, "paragraph [l)(i]" is corrected to read "paragraph (I)(lj". Appendix A to 5191X11X1--[Amended] . t In Appendix A, In the first "high-efficiency cartridge". r. In Appendix G under "ILL Irritant Fume Protocol', item HLB.8.V- "Reading 28. On page 2272S. column X second paragraph, "paragraph (f)" is revised to. it" is revised to read "Repeating it after complete paragraph line X "paragraph (l) (2)" is corrected to read "paragraph read "paragraph (d)". g. In Appendix A. under "Sampling the test conductor (keeping eyes dosed)". flKzr. 27. On page 22728, column 1, line 5. "paragraph (1)(Z)" h corrected to read "paragraph (1)(2)". 28. On page 22728, column X line IX "appropriations" is corrected to read "appropriateness". 29. On page 22726, column 3. first complete paragraph, line 1. "Paragraph (m) (i)(i)" is corrected to read "Paragraph (mxiior. 3a On page 22730. column 3. third end Analytical Procedure". Item X, "60mm extension cowl" is revised to read "50-mm electrically conductive extension cowl". h. In Appendix A. under "Sampling and Analytical Procedure", item 13-b., "Count aU particles as asbestos, tremolite," is revised to read "In the absence of other information, count all particles as asbestos, tremolite.". Appendix B to 51910.1001--[Amended] s. In Appendix G under "DL Irritant . Fume Protocol", item DI.B.1Z, "IAA" is revised to read "irritsnt fume". L In Appendix G under "111. Irritant Fume ProtocolItem DXC-3.C.. "particular" is revised to read "partiqulate". u. In Appendix C. under "DL Irritant . Fume Protocol, item IILG4.a.. "Norton" is revised to read "North". v. In Appendix G under "HI. Irritant complete paragraph, lines 1 through 5. are corrected to read "The time period required for retention or exposure records is 30 years and for medical records, duration of employment plus X) years. These retention periods are consistent with those in the OSHA records access role $ 191020 (m)[l)(iii) and (mX2)(iii)". Accordingly. Parts 1910 and 1928 are amended as set forth below: L In Appendix B, under "'Asbestos. i Fume Protocol, Item TO.CS.e.. is revised . Tremolite. Anthaphyllite, and Actinolite to read "Reading (RJ. The test subject Sampling andAnalysis Method', in the (keeping eyes closed) shall repeat after "Flow rate" paragraph. "1/min" the test conductor the `rainbow passage' signifying liters per minute, is revised to at the end of this aection. The subject read "L/min", the four times it appear*. shall talk slowly and aloud to as to be ]. In Appendix B. under "Asbestos, heard clearly by the test conductor or Tremolite. Anthaphyllite. andActinolite monitor.". Sampling and Analysis Method', in the w. In Appendix G under *TO. Irritant "Equipment" section, item 1,, "50-mm Fume Protocol, item IU.C8., delete extension cowl" is revised to read "50- "(See paragraph 4.h.)". PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS l.The authority citation for Part 1910 continues to read as follows: Authority: Secs. 4.6, and 8 of the Occupational Safety and Health Act. 29 US.C. 653.655. 857; Walsh-Healey Act. 41 U.S.C. 35 el eq.: Service Contract Act of 1965. 41 U.S.C. 351 et seq.: Pub. L 91-54. 40 U-S.C- 333. Pub. L 85--742, 33 US.C Ml: National Foundation on Arts and Humanities mm electrically conductive extension cowl". k. In Appendix B. under "Sampling". item 4.. the left side of the equation "l*:." is revised to read "t L In Appendix B, under "Sampling", in the Note, "sampler" is revised to read "sample". m. In Appendix B. under "Calculations", item 21- the equation is revised to read: x. In Appendix G undeT "HI. Irritant Fume Protocol, item HLG11-, in the first sentence, delete "in". Appendix E to 51910.1001--(Amended] y. In Appendix E. under "Interpretation and Classification of Chest Roentgenograms--Mandatory", item (a) is revised to read "(a) Chest roentgenograms shall be interpreted and classified in accordance with a professionally accepted Classification Act. 20 U.S.C. 951 el seq-: Secretary of Labor's Orders 12-71 (36 FR 8754J. 6-76 (41 FR 25050]. or 9-83 (48 FR 35736): and 29 CFR Part 1911. X 29 CFR 1910.1001 b amended as follow*: E (F/iy)--(B/n,) A, fibers/nun' system and recorded on an interpretation form following the format of the CDC/NIOSH (M) X8 form. As a minimum, the content within the bold lines of this form (items 1 through 4] a. In paragraph (g)(2Hii)[B), Table 1. shall be Included. This form is not to be the first entry in the right hand column which reads. "Half-mask air-purifying respirator equipped with high-efficiency filters.-. Is revised to read "Half-mask where: n,--number of fields in submission sample ^.number of fields in blank sample submitted to N10SH-". Appendix F to 11910.1001--(Amended] r. In Appendix F. under "A. Enclosed air-purifying respirator, other than a disposable respirator, equipped with Appendix C to } 1910.1001--{Amended] Cylinder/HEPA Vacuum System Method', second paragraph, third high-efficiency filters.". - el In Appendix G under "L Isoamyl sentence, "The brake assembly isolation h. Id paragraph U)(S)(i). the language Acetcte Protocol, Item 1.C.15- remove cylinder is available from Nilfisk following the last comma Is revised to the la jt two sentences. Company and comes", is revised to read LAM 017178 DPMC-10915 Federal Register / VoJ. 52. No. 91 / Tuesday. May 12, 1987 / Rules and Regulations 17755 "One company manufactures the brake assembly Isolation cylinder". - - - aa. In Appendix F. under "A. Enchsed Cylinder/HEPA Vacuum System Method', footnote 1, is deleted. bb. In Appendix F. under "C Information on the Effectiveness of Various Control Measures", in the preferred methods" section, first paragraph, the word "below" which ends the second sentence, is revised to read "above". Appendix G to 51910.1001--[Amended] cc. In Appendix G, under "IV. Disposal Procedures and Cleanup", item IV.A., the word "is" after actinolite is revised to read "are". dd. In Appendix G, under "IV. . Disposal Procedures and Cleanup " item IV.C.. "logs" is revised to read "bags". Appendix H to 1510.1901--[Amended] ee. In Appendix H. under "IV. Surveillance and Preventive Considerations", the first sentence in the second paragraph, is revised to read "The employer is required to institute a medical surveillance program for all employees who are or will be exposed to asbestos, tremolite. anthophyliite. actinolite or a combination of these minerals at or above the action level (0.1 fiber per cubic centimeter of air)-". 1910.1001 (Amended) fl. The OMB Control Number is added at end of | 1910.1001 to read as follows: (Information collection requirements contained in paragraphs 11910.1001 (d)(2). (d)(3). (d)(5). (d)(7). (0(2). (g)(3) (i). OHS). (1). and (m) were approved by the Office of Management and Budget under Control No. 1218-0133) PART 1926--SAFETY AND HEALTH* REGULATIONS FOR CONSTRUCTION 3. The authority citation for Part 1928 continues to read as follows: Authority: Sect. 4.6. 8. Occupational Safety and Health Act or 1970. 29 U.S.C. 653. 655. 657: Sec. 107. Contract Work Hours and Safety Standards Act (Construction Safety Act). 40 U.S.C. 333. and Secretary of Labor's Orders 12-71 (38 FR 6754). 6-76 (41 FR 25059). or 9-83 (48 FR 35736). as applicable. Sections 1928.55(c) and 1S2S.58 also issued under 29 CFR 1911. 4. 29 CFR 1926.58 is amended as follow*: ' a. In paragraph (b). under "Renovation", insert "or" after "anthophyliite.". b. In paragraph (e)(6)(iv). add "(Refer to Appendix C.)" after the last sentence. c. in paragraph (f)(2)(i), insert "or" after the first time "anthophyliite." appears. d. In paragraph (hX2)(iii](B). Table D- 4, the first entry in the right hand column which reads "Half-mask air-purifying respirator equipped with high-efficiency filters." is revised to read "Half-mask air-purifying respirator, other than a disposable respirator, equipped with high efficiency filters.". e. In paragraph (h)(4)(ii), "Table 1" is revised to read `Table D-4". f. In paragraph "minerals In excess of the action level" b revised to read "minerals at or above the action level". g. Paragraph (k](3Xii] is revised to read Training shall be provided prior to or at the time of initial assignment [unless the employee has received equivalent training within the previous 12 months] and at least annually thereafter". h. In paragraph (k)(3)(iii)(F), delete "and". L In paragraph (k)(3)(iii)(G), "requirements." is revised to read "requirements; "and". j. In paragraph (k)(3)(iii)(H). "A review" is revised to read The content". k. In paragraph (o){l}. change "(insert date 30 days from publication in the Federal Register ]" to "July 21,1968". L In paragraph (o){2](i). change "(insert date 210 days from publication in the Federal Register]" to "January 16, 1987". Appendix A to 192838--[Amended] m. In Appendix A. under "Sampling and Analytical Procedure ", item 2- "50mm extension cowl" is revised to read "50-mm electrically conductive extension cowl". n. In Appendix A. under "Sampling and Analytical Procedure", item 13.b., "Count all particles as asbestos, tremolite." is revised to read. "In the absence of other information, count all particles as asbestos, tremolite.". o. In Appendix A, under "Quality Control Procedures", item 2- in the first sentence, "that as a minimum includes participation of' is revised to read "that as a minimum, includes participation of. Appendix B to 5 192858--{Amended] p. In Appendix B. under "Asbestos. Tremolite. Anthophyliite. and Actinolite Sampling and Analysis Method", in the "Flow rate" paragraph "1/min" signifying liters per minute . is revised to read "L/min" the four times it appears. q. In Appendix B. under Asbestos. Temolite. Anthophyliite. and Actinolite Sampling and Analysis Method", in the "Equipment" section, item 1.. "50-mm extension cowl" is revised to read "50- mm electrically conductive extension cowl". r. In Appendix B, under *Sampling" item 4.. the left side of the equation "t**," I* revised to read "t-.,.__ s. In Appendix B. under "Sampling", item 8.. "sampler" is revised to read "sample". . w. t In Appendix B, under `Sample PreparationHem 10.d., "in unsufTicient" is revised to read "is insufficient". u. In Appendix B. under "Calculations", item 21., the equation is revised to read: (F/nJ--(B/n) . E <= -------------------------- fibers/mm' A< where: n,=namber of fieWs tn submission sample n,=number of fields in blank sample Appendix C to 5 192S38--[Amended] v. In Appendix C. under "l. Isoamy lAcetate Protocol]", item I.C.15.. remove the last two sentences. w. In Appendix C under "II. Saccharin Solution Aerosol Protocol," item D.C.14.. "IAA" is revised to read "saccharin solution aerosol". x In Appendix G under "111. Irritant Fume Prolocal", item E-A.. "combination or high-efficiency and acid-gas cartridges", is revised to read "high-efficiency cartridge". y. In Appendix G under "III. Irritant Fume Protocol", item ni-B.S.v., "Reading it" is revised to read "Repeating it after the test conductor (keeping eyes dosed)". z. In Appendix G under "III. Irritant Fume Protocol", Hem IfB.12.. "IAA" is revised to read "irritant fume". aa.In Appendix G under "III. Irritant Fume Protocol", item E.G3.C.. "particular" is revised to read particulate". bb. In Appendix G under "111. Irritant Fume Protocol", item III.C.4.a., "Norton" is revised to read "North". cc. In Appendix G under "III. Irritant Fume Protocol", item ILL C.4.a.(2). insert "or after "pressure". dd. In Appendix G under "III. Irritant Fume Protocol", item Ell.G5.e.. are revised to read "Reading (R). The test subject (keeping eyes dosed) shall repeat after the test conductor the Yainbow passage' at the end of this section. The subject shall talk slowly and aloud so as to be heard clearly by the test conductor or monitor.". LANl 017179 DPMC-10916 17756 Federal Register / Vol. 52, No. 61 / Tuesday. May 12, 1987 /.Rules and Regulations ee. In Appendix C, under "UL Irritant Fume Protocol', item DLC.6., delete "(See paragraph 4.h.]". DEPARTMENT OF DEFENSE Department of the Air Force Appendix E to 5 1526-55--{Amended] *2 CFR Prt 818a ff. In Appendix E, under ( "Interpretation and Classification of Chest Roentgenograms--Mandatory", item [b] is revised to read "(a) Chest roentgenograms shall be interpreted and classified in accordance with a professionally accepted classification system and recorded on an interpretation form following the format of the CDC/NIOSH (M) 2.8 form. As a minimum, the content within the bold lines of this form (items 1 through 4) shall be included. This form is not be submitted to NIOSH.". gg. In Appendix F, under *HEPAFiltered Vacuum", fourth sentence, delete "Nilfisk of America, Inc. *and the corresponding footnote. hh. In Appendix F. under "Exhaust Air Filtration System", fourth sentence, delete "Micro Trap, Inc., * iL In Appendix F, under "Exhaust Air Filtration System", fifth sentence. "Micro-Trap " is revised to read "these" Appendix G to 5 1326.55--{Amended] jj. In Appendix G, in the first paragraph, reference to "paragraphs (e) (6) and (f)(2)(ii)(B) of { 192A58" is revised to read "paragraphs (e)(6). (j](l](i) and (j](2)(i) of { 1928.58". kk. In Appendix G. under 'X7love Bog Equipment and Supplies", item 7, delete "dust". Appendix H to 5 1326.58--{Amended] 11. In Appendix H. under "IV. Disposal Procedures and Cleanup", item 1V.C.. "logs" is revised to read "bags". 1926.58 (Amended) mm. The OMB Control Number is added at the end of $ 1926.58 to read as follows: (Information collection requirements contained in paragraph | 1926.58 (f)(2). (f)(3). (f) (6). (h)(3)(i). (k)(3). (k)(4). (m). and (n) were approved by the Office of Management and Budget under Control No. 1218-0134) Signed at Washington. DC thi 5lh day or May. 1067. John A- Faoderjraa*. Ait/slant Secretory ofLabor. Occupational Safety and Health. |FR Doc. 87-10652 Filed 5-11-87; 845 am) UJM2 COOC Personal Commercial Affairs agency: Department of the Air Force, DOD. action: Final rule. \ summary: The Department of the Air Force has revised its rule on Personal Commercial Affairs to implement Department of Defense (DOD) Directive 1344.7. February 13.1986 (32 CFR Part 43). This revision updates DOD policies covering the conduct of private commercial solicitation and sales on Air Force installations. EFFECTIVE DATE: June 11.1987. FOR FURTHER INFORMATION CONTACT: MSgt Richard R. Hollett. HQ AFMPC/ DPMASC, Randolph AFB. TX 781506001. telephone (512) 652-3996. SUPPLEMENTARY INFORMATION: The Department of the Air Force published a notice of proposed rulemaking on personal commercial affairs in the Federal Register on March 25,1987 (52 FR 9499]. No comments were received. The Department of the Air Force has determined that this regulation is not a major rule as defined by Executive Ctider 12291. is not subject to the relevant provisions of the Regulatory Flexibility Act of 1980 (Pub. L 96-35J], and does not contain reporting or recordkeeping requirements under the criteria of the Paperwork Reduction Act of 1980 (Pub. L. 96-511). List of Subjects In 32 CFR Part 818a Federal buildings and facilities. Life insurance. Military personnel. Therefore. 32 CFR Part 818a is revised to read as follows: PART 818A--PERSONAL COMMERCIAL AFFAIRS Subpart A--Introduction s. 818a.0 Purpose. 818a.1 References. 818aE Terms explained. Subpart B--Ufa Irmmnce Product* and Securtttas 816a.3 Life insurance. 818a.4 Securities. 816a.5 The accreditation program. 816a.6 Use of the allotment system for paying life insurance premiums. Rubparl C--Prtva 1 Commercial Sottcttation on Air Force tnatanation 818a.7 Policy on soliciting. 818a8 Solicitation practice* that are prohibited. Sec. 81Sa.9 Denial, auipemion. and revocation of on-base solicitation privileges. 818a.l0 Action by the installation commander to suspend or revoke privileges. Subpart 0--Persona) Commercial A Hair* Training . 818a.ll Training provided by Air Training Command (ATC). 818a.12 Training provided by installation commander*. Authority: 10 U.S.C. 8012. Note.--This part U derived from Air Force Regulation 211-16 Subpart A--Introduction $818a.O Purpose. This part sets policy for private commercial solicitation and sales on Air Force installations. It is designed to safeguard and promote the welfare and interests of military personnel as consumers. It requires commanders to be sure that all commercial soliciting and selling of all types of insurance, securities, and other goods, services, and commodities are monitored and controlled. This rule applies to all Air Force installations. It does not apply to the USAF Reserve or the Air National Guard. It implements 32 CFR Part 43 (Department of Defense (DODj Directive 1344.7. February 13.1986). {81&S.1 R*fer*oc*- ' (a) Part 606 of this chapter. (b) AFR 34-4, Morale. Welfare, and Recreation (MWR) Basic Responsibilities, Policies, and PracticesPrivate Organizations. (c) Part 818 of this chapter. (d) AFR 40-735, Civilian Conduct and Responsibility. (e) Part 818b of this chapter. (f) AFR 110-27, Preventive LawProgram. (g) AFR 145-15. Air Force Commissary Store Regulation. (h) AFR 147-7, Army and Air Force Exchange Service (AAFES) General Policies. (i) AFR 170-32. Personal Financial Management Program (PFMP). (j) Federal Reserve Board Regulation Z. (k) Federal Personnel Manual. Note.--Pbi-1 806 of thi* chapter states the basic policies and instructions governing the disclosure of records and tells members of the public what they must do to inspect or obtain oopiea of the material referenced herein. (818a2 T*rm* axpUtned. (a) Agent. An individual who receives pay as a salesperson or whose pay is dependent on volume of sales of a product or products. LAM 017180 DPMC-10917 1331 Pennsylvania Avenue, N.W. Washington, D.C. 20004 202-737-6330 Organization Resources Counselors, Inc Memorandum June 16 1987 To: From: Subject: ORC Occupational Safety and Health Group ORC Occupational Safety and Health Lawyers Group ORC Asbestos Task Force Darrell K. Mattheis Asbestos and the OSHA Shower Requirement ORC has received many comments over the last six months concerning the requirements for showers in OSHA's Asbestos Standards. Recently, Mr. Tom Scott of Celanese Corporation received a reply from OSHA to a letter that he had written asking for clarification on when showers were required. Thanks to Mr. Scott,s generosityORC has a copy of both his letter to OSHA and its reply. A copy of these documents is attached for your interest. lam 017181 DPMC-10918 ELANESE January 20, 1987 TVS-02-87 Mr. Leo Carey Director of the Directorate of Field Operations OSRA U.S. Department of Labor, Room N-3603 200 Constitution Avenue, N.V. Washington, D. C. 20210 Reference: 29 CFR Part 1926.58 Asbestos Dear Mr. Carey: Regarding 1926.58, much of our manufacturing facilities' vork vith asbestos will entail maintenance operations qualifying as small-scale and short-duration jobs. A compliance point we have discussed for these small-scale, short-duration operations is the need for showering. Paragraph (j)(l)(i) states that HEPA vacuuming may be permitted before leaving the area where maintenance was performed, and paragraph (j)(2)(i) indicates that the employer need not establish a decontamination area for small-scale, short-duration operations.- In my opinion, these exemptions exclude the need for showering. This position is further demonstrated in Part XI of the Preamble, entitled, Summary and Explanation for a Revised Standard for the Construction Industry, Paragraph (j) - Hygiene Facilities and Practices. On page 22723 (June 20, 1986 Fed. Reg.), top of the middle column, "For example, Mr. Darrell E. Anderson...", the showering exemption seems to be quite explicit. 0 Would very much appreciate your office's position on the showering requirement fcr small-scale, short-duration operations. Sincerely, CEIAlNESE FIBERS ps cc: Mr. V. V. Ament - (ORC) Thomas V. Scott, P.E., C.I.H. LAM 017182 CELANESE. BOH 32414. CHARLOTTE. N C 2823? TELEPHONE 704-554.2000 DPMC-10919 U S. Department of Labor MAf 26 B67 Occupational Safety and Health Administration Washington. D.C. 20210 Reply to the Attention of: Mr. Thomas W. Scott Cleanese Fibers Post Office Box 32414 Charlotte, Korth Carolina MAY 2 91987 28232 DearMr. Scott: This is in response to your letter of January 20, 1987 requesting an interpretation of the Occupatinal Safety and Health's (OSHA) Asbestos standard for construction. Please accept my apology for the delay in response. The overwhelming number of letters and telephone calls regarding the asbestos standard has caused unavoidable delays in responding to the public's concern. . Your interpretation is correct, showers do not have to be provided for those employees engaged in small scale, short duration operations. Employees are allowed to clean their protective clothing with a portable EEPA-eguipped vacuum before leaving the area where maintenance was performed. If we can be of further assistance, please feel free to contact us. Sincerely, I Director u Directorate of Field Operations LAM 017183 DPMC-10920