Document mmdBG3OvzLN4QzmJjvZj2mdeg

-1* 195 11504 RULES AND REGULATIONS (1> 8 3/10 pounds of sucrose; or make application to the regional direc prepared In duplicate by each proprietor. <2> One gallon of concentrated fruit tor, in triplicate, to do so, describing: Where the proprietor has given notice iuice of not less than 70 Brlx made from (a) The records to be reproduced. of suspension of operations In accord the 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 1095 need not be prepared (3) 2 Hi ounces of any of the following; (c) The manner In which the repro or submitted for any month In which <i> Malle acid; ductions are to be preserved. there were no operations. The original (ill Citric acid; or (d) The provisions to be made for ex of each monthly report shall be for (iii) Tartaric acid. amining, viewing, and using such warded to the regional director not later 18.128 Concentrate returned from a bonded wine cellar. (a) General. The proprietor of a con centrate plant may accept the return of concentrate shipped by him to a bonded wine cellar. In such case, the proprietor of the concentrate plant shall; (1) Give written consent to the pro reproductions. The regional director shall not ap prove any application unless (1) the Di rector has approved that type of record for reproduction and the reproduction process to be employed, and (2) the manner of preservation of the reproduc tions and the provisions for examining, viewing, and using such reproductions than the fifteenth day of the month suc ceeding that for which rendered. 18.145 Final report. When a change In the proprietorship of the concentrate plant occurs, the out going proprietor shall enter on Ids final report. Form 1695, an account of all con centrates transferred to his successor, prietor of the bonded wine cellar for such are, in the regional director's opinion, who shall in turn enter such Items on his return; and satisfactory. Whenever records are re report. Form 1695, as received from his (2) Pile, with the regional director, a produced under this section, the re predecessor. The outgoing proprietor consent of surety extending the terms of produced records shall be preserved in shall make appropriate notation on all his bond. Form 1694, to cover the return conveniently accessible files, and provi forms and records required to be kept by of such concentrate to his plant. (He sions shall be made for examining, view him, showing the change In proprietor may, if he so desires, hie one consent of ing, and using the reproduced record the ship and the date thereof. surety on his bond to extend the terms same as if it were the original record, and thereof to cover all such concentrate it shall be treated and considered for all |FR Doc. 70-7931 Filed 3-48-76:8:45 ami 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 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 In transit or other discrepancy, sign the form, retain one copy, and forward one copy to his regional director before the close of the next business day. The quantity of concentrate received shall be recorded In the proprietor's daily records and shall be reported on an unused line on his monthly report. Form 1695. document. 18.143 Daily record*. The proprietor shall maintain daily records which show the date of the transaction and which accurately and clearly reflect, by kind and by quantity, the following: <a) Processing material used. Pursuant to sections 8(b) and 8<c> of the Occupational Safety and Health Act of 1970 <84 Stat. 1593,1599: 29 O.S.C. 655, 657), Secretary of Labor's Order No. 12-71 (38 FR 8754), and 29 CFR Part 1911, * 1910.1001(1) (1) of Part 1910 of Title 29, Code of Federal Regulations, is hereby amended in the manner set forth betow, In order to extend the retention Subpart I--Records and Reports 18.141 Record* ami ports. Each proprietor shall keep records and (b) Processing material removed. (c> Concentrates produced and the alcohol content thereof. (d> Concentrate used (by kind) in the period for asbestos exposure monitoring records from three years to twenty years. On December 7, 1971 (36 FR 23207), 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 pe Such records and copies of applications, trate plant premises. tition 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 tion 6(c) of the Act (84 Stat. 1596, 29 available for inspection by ATF officers thereof. UjS.C. 655). This emergency temporary during business hours. Such records and (I) The name and address of each per standard was designed primarily to copies of applications, notices and re son to whom such concentrates are Immediately reduce and control occupa ports shall be preserved for a period of shipped and. In the case of concentrates tional exposure to asbestos dust concen not less than two years from the date shipped to, or returned by, a bonded wine trations, and did not contain record thereof or the date of the last entry re cellar (1) the registry number of the keeping procedures. However, on Janu quired to be made thereon, whichever is bonded wine cellar, (2) the variety of ary 12, 1972 (37 FR 468), 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 ceeding 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) 488) provided that exposure monitoring advisable. the fold of the concentrate. records, and records of medical exami 18.142 Photographic- copies of records. (g) Substances received for use In rendering concentrates unfit for use as a nations, be maintained for a period of twenty years. After public hearings the Persons who desire to record, copy, or beverage. 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 (h) Substances used in rendering con centrates unfit for use as a beverage or otherwise disposed of. (72 Stat. 1392; 28 VS.C. 511) nent OSHA standard for asbestos on June 7, 1972 (37 FR 11318), in accord ance with section 6(b) of the Act (84 Stat. 1593, 29 UB.C. 655). This new reg ulation, which appeared as 29 CFR process which accurately reproduces or 18.144 Monthly report. 1910.93a prior to reoodlflcatlon, con forms a durable medium for so repro A monthly report, on Form 1695, of tained a three-year requirement for re ducing the original of such records, shall concentrate plant operations shall be taining exposure monitoring records, 29 FEDEtAl XECI5TEK, VOL 41, NO. 5S--MIDAV, MA1CH 19, 1976 RULES AND REGULATIONS 11505' CPB 1910.93a(I> (1) (now 29 CFR the agency's declared concern that the (i)(l) of 29 CFR 1910.1001 Is hereby 1910.1001(1X1)). past inadequacy of health and monitor amended to read as follows: On July 27. 1972, pursuant to section 6(1) of the Act. (84 Stat. 1597, 29 UJ3.C. 655), a petition for judicial review of the asbestos standard was filed with the United States Court of Appeals for the District of Columbia. The principal peti tioners, the Industrial Union Depart ment, AFL-CTO, objected to several sub stantive portions of the standard, includ ing those dealing with recordkeeping. The Court affirmed the Secretary's Judgments and the standard's validity except for two provisions, one of which was the retention period for exposure monitoring records. "Industrial Union Department. AFL-CIO v. Hodgson," 499 ing records have hindered research into the consequences of asbestos exposure at the workplace. 37 FR 11318. June 7,1972. The long latency periods associated with asbestos-related diseases, and the consequent need for a standard to take such latency periods into account, were recognized by both the OSHA Advisory Committee on Asbestos Dust (proceed ings at pp. 103-105, February 17, 1972) and the NIOSH Criteria Document for a Recommended Standard on Asbestos (generally chapters I and II). In addi tion, testimony by two witnesses at the OSHA hearings also supported longer re tention periods for exposure monitoring S 1910.1001 Asbestos. * * ,," s- ' (1) Recordkeeping--(1) Exposure rec ords. Every employer shall maintain rec ords of any personal or environmental monitoring required by this section. Rec ords shall be maintained for a period of at least 20 years and shall be made avail able upon request to the Assistant Sec retary of Labor for Occupational Safety and Health, the Director of the National Institute for Occupational Safety and Health, and to authorized representa tives of either. ./ -3 F. 2d 467 (C.A.D.C. 1974). The Court records <Tr. at 527. 538, March 17,1972). directed the Secretary to re-examine the A consensus of the evidence in the record standard with respect to the three-year indicates that exposure monitoring rec recordkeeping provision and to recon ords should be held for at least 20 years (Secs. S. 8. Pub. L. 91-596. 84 Stst. 1593. 1598 (29 C3.C. 655. 657): Secretary of labor's Order No. 12-71 (36 FR 8754): 29 CFR Part 1911). sider whether such time period ade quately assured employee protection from asbestos-related diseases. in order to make such a requirement meaningful in view of what is generally recognized as the minimum latency pe Signed at Washington, D.C. this 12th day of March 1976. In discussing this issue, the Court riod for many asbestos-related diseases. Moiton Cosir, ' noted that many of the problems facing OSHA Is of the view that the interests of Assistant Secretary of Labor. \ the Secretary in developing an asbestos worker health would be best served by standard were directly attributable to requiring the retention of exposure mon (FR Doc.76-7791 Filed 3-18-76:8:45 ami tne lack of information concerning itoring records for a period which re asbestos-related diseases, and particu flects an appreciation of this recognized larly to the lack of reliable data on past latency factor. Title 36--Parks, Forests, and Public Property exposure levels. Noting the close func Accordingly, pursuant to the Court's CHAPTER I--NATIONAL PARK SERVICE, tional relationship betw.en medical rec remand for further consideration of the 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 proL-ction of employees. It PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM Lake Mead National Recreation Area, Ari zona--Nevada Closure of Designated Airstrip the Secretary's obligation under the Act is noted that in a new proposal on ex Notice is hereby givei. that pursuant to require retention of records neces posure to asbestos v40 FR 47652. October to the authority contained in section 3 sary for the development of information 9, 1975i. which reflects the most recent of the Act of August 25. 1916, (39 Stat. concerning the causes of disease and the scientific and medical developments in 535. as amended; IS USC 3), Section 6 Importance of exposure data in estab the field, a 40-year retention period (or of the Act of October 8. 1964. (78 Stat. lishing this causal relationship, the Court the duration of employment plus twenty 1040; 16 USC 460n-5>. and 245 DM-1 remanded the recordkeeping require years) for both exposure measurement (34 FR 13879) as amended. 17.48(a) ments to the Secretary "for such modifi and medical records has been proposed. (3) of Title 36 of the Code of Federal cation or clarification as may be neces For the reasons stated above, the ex Regulations is revoked as set forth below. sary to ensure that the statutory objec posure records provision of the asbestos The purpose of this revocation Is to tives will be fulfilled" 499 F. 2d at 488. standard will be corrected to require re permanently close the Pierce Ferry (also Pursuant to the Court's direction. tention of exposure monitoring records known as Pearce Ferry) landing strip lo OSHA has completed its review, and has for at least 20 years, effective March 19. cated at approximate latitude 3605' N., concluded that the opinion expressed by 1976. OSHA believes that a delay in the approximate longitude 114'03' W. Pur the Court is an accurate reflection of the effective date of this requirement is not suant to the Superintendent's authority record, and that the agency's initial warranted since this rule only requires under 36 CFR 3 2.6. this landing strip Judgment warrants correction. that affected employers retain records has been temporarily closed due to Its OSHA believes that extension of the which they have already compiled and inadequate length and other safety fac recordkeeping requirement for exposure therefore does not impose a new burden tors. Standard markers have been used monitoring from three years to twenty of action, and since the initial three-year to indicate to pilots that the strip is years as originally proposed would be In retention period for such records has now closed. Revocation of this subparagraph harmony with the twenty-year retention lapsed and these records might be will remove this landing strip from the period now required for employee medi destroyed. Loss of such records would be list of those within Lake Mead National cal records. 29 CFR 19l0.100l<j>(6)(1). irreparable. Continued access to such Recreation Area at which aircraft oper As the court noted 1499 F. 2d at 488). records by all concerned Is essential in ation and use are permitted. the two sets of records when read to the public interest, and is an appropriate It is the policy of the Department of gether would provide a more complete means of effectuating the goals of Im the Interior, whenever practicable, to record of an employee's history of ex proved worker safety and health under afford the public an opportunity to par posure. a factor vitally Important with the Act. Good cause Is found, therefore, ticipate in the rulemaking process. In this respect to asbestos-related diseases. The pursuant to-section 4(d) (3) of the Ad instance, however, safety considerations extended period for retention, with re ministrative Procedure Act (5 U.S.C. 553 which necessitated closure of this air sultant data accumulation, will be crit (d) (3)). for making this rule effective. strip make it impractical to withhold ical to medical and scientific investiga Accordingly, pursuant to the direc implementation of this revocation dur tions studying such questions as dose- tion of the United States Court of Ap ing a period of public comment. Persons response relationships In diseases caused peals ("Industrial Union Department, who wish to submit written comments, by occupational exposure to asbestos. AFL-CIO v. Hodgson, supra"), and the suggestions, or objections regarding this This decision would also be responsive to above referenced authority, paragraph action may provide these comments to FEDERAL IEOIS1E*. VOL 41, NO. 55--fkIDAY, MAKCH 19, 1976