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4900 PROPOSED RULES DEPARTMENT Or COMMERCE tintler.al Ovea.nc and Atmospheric Administration [ LECFR Pan 219] ADANDCNMETT PROVISIONS PEGAROINfS I'-'.'.G'LLY I.YrOgTEU MA.'ImE .ma terials Establishment of Comment Pariod Oz. Jar.\;ary 1G, ISiS. notice of prq- porvd amir.Eh'fhls \rer* p In the Fur:?.*.! fiiJi.j'tk <40 HI EjLC-EtiCl) cor to C:itied El.'.'ra C'jatt;- .. 0:1-..-Is of s'.Ltqod ilic- C.'.lly tr.-,ported mimic m-inrr.als or ma rine uv imr.r'.: or pro-id.-;-, anJ en dangered sj^ios or onoari^i.v-il sge-ie; parts or p-.-,>.cts 'ey tie oai.t-ri thereof. Comments concerning tne oropoied axr.cndme:;-. may so su.vir.'tt-d 'c, the Di-ector. Natt'e-.al Marine J-Vheries Bomee. NO.'. A. L S. Dt-parrof Cn~- rnn", D.C halts ft.il r.n- tern's ree"!'/i-f on or toforr April 7, 1375 wit be com-'', it-red. Dated; J'.riunry 23, 1375. \A Joseph W. Slavix, Actinc Director, F-'ntioncl Marine fu Series Service, NOAA* [FIR Doc.75-3-oca i-Ted 1-31-75; 3; 41 axe] \ DEPARTMENT OF LABOR Occupational Safety and liesllh Administration \ [23 CHI Part 1910] At FH.V METHYL STYRENE. STYRENE, TERPHEiiYLS, VINYL TOUJErfE, ACROLEIN, P-TERT-C J7YLTOLUEN", CUMF.hE (ISO PROPYL BENZENE), CY'.ILOHE.C'.NE, DI PHENYL (SiP.-iENYL), ETHYL CEN2ENE, FURFURAL Standards Completion Prelect On March 18, 1374. the Assistant Sec retary of Labor for Occupational Safety and Health announced the joint OSHA NIOSH Standards Completion Project, The purpose of the project Is to Issue completed standards for all of the toxic materials listed In Tables G-l, G-2 ar'd G-3 of 9 CFP. 1310.93. with the excep tion of some substances which are or will be the subjects of NIOSH Criteria Documents. These exceptions win be the subjects of separate rulemaking proceed ings. outside of the Standards Comple tion Project. Section 1910.33 lists exposure limits for certain hazardous or toxic substances. The new standards will establish require ments for monitoring employee exposure, medical surveillance, methods of com pliance, handling and use of liquid forms of the substance, employee training, rec ordkeeping, end sanitation and house keeping, among ether things. In addition, the proposals are also designed to enable employers to better understand and com ply with existing OSHA safety standards. The exposure limits listed to i 1:110.93 are not at Issue to the proposals, and no ; changes to these limits will be proposed or made to the standards Issued as part l of the Standards Completion Project. The OC9:e of Standarda L' . .merit. Occupational Sai--ty and IL-Y... ." is .j-,-tlon, L'.S. Dca.irt:* cr.t o; L.d'or in- \Ttev, public Mica.i' n m the dcv-T merit of the p."o';v.cd ..n.dc -da D."..:tt of the p'.lv t cf ! .ta'`.-.l?.7.:c hr..c I'... trod f^r >L.) tuliowlng suhsiancoj. r." -ticin.'-! Sty rene, tyr,.:;.\ T-g-pl.1= tin;. 1 Te'.i- are. .tfroieir.. ?-T.-r:-/,.-t|. lloiLcnc, Cu- me:v: ` I.V'preyi.T Boa -.".a, t'vdinhexcn'i. Dl,-V ,:r.. 1 (vli'l'.er.yi). Ethyl E.-n.tcnc, Furfurr-l. These draft technical sit.ndird.3 i cEcct only the technical tr.M-nt of NTO-SII r.nd OSH \ ar.d do not necessarily contain the ;-Picinc language Vn;c.\ will appear hi Die piupwcu stnnaanis. Interested person.' are Invited to sub mit written data, views nnd arguments concerning tnese drafts or the program In general. Comment' are rpcuested cop.' crml-y requirements of each section of the drr*: technical standerds nr.d rJtcrnat'-.c, to the provisions of each sectlcn. 7nf;'-;'-,n*:-.n rtTunU'.. : hi re>--cn.'i.- M the Notice cf Intent to Prepare Am Environ mental Impact Statement, published In the Fl'c.'.'hal Rrctsvaa on September 20. 1974 <33 FFt 338i3) need not be resub mitted. Communications should be submitted to the Docket Officer. Standards Com pletion Project. Occuratloral S-U-ty and Healtli Admir.istrntion US. Department of Labor. Rcom 2e0. 1726 M Street, NW,, Washington, D.C. 2C219. postmarked no later than March 5. 1975, The comir.unicat'or.s will be available for'publlc Inr'.'ection and copying, at. the above local Ion. Copies of the draft technical sTandarcL r-n the nbove hsted subsLancea are available for inspection and copying, upon request, at the above address ar.d at any of the following OSILA regional and area ofhees; Reciowal Off-ices C5. Eepcrtment ot Libor O-X'epi.v.or.t.l safety nnd lienlth Admlnlstra- t!ri 18 Oliver Street Boston. Massfrckusetts 02110 U S. Department of l^bor OccupailoneJ sofetj and Health Aiimlniitrvtioa X515 Broadway (1 Aster Plaza) New Tork, New York 10038 Department ot Labor Occupational Safety and Health Administra tion Gateway BuOdlag--Suite 15230 3533 Market Street PhUadelphta, PetmsyWanta 19104 TT-S. Department o( Labor Occupational SMety and Health Adminlsfrrt- tion 1375 Peachtree Street, N.--Suite 587 Atlanta. Georgia 30309 Department of Labor Occupational Safety ana Health Art/mnirtratlon 230 south Dearborn Street 32nd Floor Chicago, DJlnoia 60C04 Department of Labor Occupational SMety and Health Admmigra tion 7th Floor'--1'e^aco Building 1512 Commerce Street Dallas, Texas 75201 U s D-'r*,.rtr.A-'D` -/ T..vtv^r O. ...... v fery . t1- n i'l t 3 *.'00 .r. ^ C v - t: l} 105 -,v. IT*** Dc--:.r-T v1 .abor Gc;.:; .. ' '/an! Hcal'.h AlmlnJ^tra* t' L* ", i IiV ' --1vO-.'in lu010 1 Cf l Sto';t . H-v Denver. Cc:vt. U.S. Dep,vtment of Labor Ccc to:.?.; 3 /. \y z,-?. Health Aim!rJ_trA- f .or. 0470 redrr:.! Bujldlrg 4;lu G '`dun G*v:i? A`*c:uc--Box 3CO 17 S\r FrancUro. Ci.Ib'or::la CU02 r,3. of Labor C`c ttoa . d-.ffc;y r.nd llralth Adminlstra- 505 .Tocond Avcnus Soartfe. Washii-'j-wcn 33104 Aaxa Otvicxs IT-2. Dep-.rtrr.^nt l* Labor ' Lctu. tlon .\Dii HfcCdth \d*'hlhlrjtra- Custotn Hjils nuUdLng--p.ooei703 St.i'ie Street Bofton. jss-acbusetls 02109 I73..X>epartru'*"t of LAbor Occup.ttlonoJ Ct/ety an-1 Health AdrolnirfTa- tlon Federal Hoorn 55 Pleasant Street Concord, "aw Hampshire 03301 UjS. DeprjTCisnt of Lchor GccupatioiiM Si.'t-iy and Health Administra tion Federal Building-*Room eiVB 450 Main Street Hertford. Cwnii^ctlcut C3103 tT-S. Deparrnjent cf Labor Occu,>aiiJ.i:i tlon and dealth U.S, Post and Cu^rthovr-; HurldJng 4JG D'.vlght Street- -H.tom isCl Springfield, M iz 'ichuoacts 01103 \ v U5, Department cf Uvbcr 4 Occupational Safety and HecJlh Adminlatea- tlon 00 Church Street.--Room 1405 New York, Nvw York IC007 VS. Deportment cvf Labor Occupational Safety and Health Admintatrfc-. tlcn Federal OfiScw Building 970 Ertad Street--Room 143CC hevark. New J&ricy 07103 . VS. Departntent of Lehor Occuoational Safety and Health Adrainl^ tratlon Room 2C3--Mid town Pl&zn 700 East Wafer Street Syracuse. New York 13210 XJS. Department of Inbor Occupational Safety and Health Adminis tration 270 Old Country Rwl C.vrden City. Long Island, Netr Tort 11670 VS. Department of Labor Occupational Safety and Health Admltfhtr-tlon Condominium San Alfcerto Building 605 Cdndado Avenue--Room 328 StUiturce, Puerto Rico 00907 DA Department ct Labor Occupational Safety and Health Artminia* tration WilUam J. Greth, Jr. Federal Building COO Arch Street--Room 4450 Philadelphia, Pennsylvania 19100 federal register vol go, no. 23--monoay raRUARr 3, 1975 OCC 6859 >* InJstri"JrJstrA* .Telstra- t< i `.-Imt-nU- 11530 -dmlnls- '.-mini*-' i t PROPOSED RULES mi US Department of Labor Cic cup at tonal Safety and Health Adminis tration federal Hullding---Room 1110-A .H Jlopkins Flaza--Charles Center ,'',LtmiMie, Maryland 21201 C 5. Department of Labor Ottuptuional Safety and Health Adminis tration (hr.rlcston National PI era--Suite 1726 700 Virginia Street. Charleston, West Virginia 25301 C.s. Department of labor occupational Safety and Health Adminis tration Room 802--Jounct Building 4099 William Penn Highway Monroevdle, Pennsylvania 16146 U.S- Department of Labor Occupational Safety and Health Admlnls- tration Federal Building--Room 801$ 400 N. 6th Street--I'.O. Boa lolG Richmond. Virginia 23240 U-S. Depai tment of Labor Occupational Safety and tiation Building 10--Suite 33 La Vista Perimeter Park Tucker, Georgia 30084 Health AdtninU- US, Department of labor Occupational Satcty and Health Adminis tration Federal 023ce Building--Boom 406 310 New Bern Avenue Raleigh, North Caroluta 37G01 U.5. Department of Labor Occupational Safety and Health tration Room 204--Bridge Building 3200 E. O ski ru'd Park Boule'erd Fort Lauderdale, Florida 32308 Adminis t U S. Department of Labor Occupational Safety and Health tration 3600 Hayes Street--Suite 303 Nashville, Tennessee 37203 Adminis U-S- Department of Labor Occupational Safety and Health tration 2809 Art Museum Drive Art Museum Plaza--Suite 4 Jacksonville, Florida 32207 Adminis US. Department of Labor Occupational Safety and Health tration Todd Mall--2047 Canyon Road Birmingham, Alabama 33216 Adminis U.S. Department of Labor Occupational Safety and Jl tilth Adminis tration Suite 554-E---600 Federal Place Louisville. Kentucky 40202 US. Department of Labor Occupational Safety and Health Adminis tration Enterprise Building--Suite 204 6605 Aberoorn Street Savannah. Georgia 31405 US. Department of Labor Occupational Safety and Health Administra tion Commerce Building--Room 600 3 38 North Royal Street Mobile. Alabama 36602 U.S. Department of Labor Occupational Safety and Health Administra tion Riverside Plaza Shopping Center 2720 Riverside Drive Macon, Georgia 31204 U.S. Department of Labor Occupational Safety and Health Administra tion 1710 Gervals Street--Boom 205 Columbia, South Carolina 0201 U 5. Department of Labor Occupational Safety and Health Administra tion 650 Cleveland STeet Room 44 Clearwater, Florida 33515 US. Department of Labor Occupation.'.! Safety and Health Administra tion 67601-55 North FiX'iF-tge Road East Jackson, MnSiasippl 39211 U.S. Department cf Labor Occupational Safety and Health Administra tion 230 South Dearborn Street 10th Floor Chicago, Illinois O'604 U.S. Depart meat of Labor Occupational fcamty end Health Administra tion 847 Federal one: Building 1240 East N.ntn Street Cleveland. Ohio 44159 U.S. Department of Labor Occupational Safety and Health Administra tion 360 S. Third Strcit--Room 109 Columbus, Ohio 432'5 _ U.S. Department of Labor Occupational Safety and Health Administra tion Michigan Theatre Building--Room 626 200 Eacley Avenue Detroit. Michigan 48226 U S. Department of Labor Occupational Safely and Health Administra tion 110 South Fouvih Street--Room 437 Minneapolis. Minnesota 5401 U.S. Department of Labor Occupational Safety and Health Administra tion Clark Building--Boom 400 633 West Wisconsin Avenue Milwaukee, Wisconsin 53203 U.S. Department of Labor Occupational Safety and Health Administra tion U.S. Post Office and Courthouse Boom 423 46 East Ohio Street Indianapolis, Indiana 46202 US. Department of Labor Occupational Safety and Health Administra tion Room 4023--Federal Office Building 550 Mnln street Cincinnati, Ohio 45202 U.S. Department of Labor Occupational Safety and Health Administra tion room 734--Federal Office Building 234 N. Summit Street Toledo, Ohio 43601 U.S. Department of Labor Occupational Safety and Health Administra tion Room 2118 3320 La Branch Street Houston, Texas 77004 U.S. Department of Labor Occupational Safety and Health Administra tion Adolphus Tower--Suite 1820 1412 Main Street Dallas. Texas 75202 UJ5. Department of Labor Occupational Safety and Health istration Hoorn 421--Federal Building 1205 Texas Avenue Lubbock, Texas 79401 Admin U S Department of Labor Occupational Safety and Health istration 646 Carondclvt Street--Room 202 New Oilcans. Louisiana 70130 DS. Department of Labor Occupational Safety and Health istration Room 512--Petroleum Building 420 South Boulder Tulsa, Oklahoma 74103 Admin Admin U.S. Department of Labor Occupational Safety and Health istration Room 526--Donagbey Building 103 East 7 th Street Little Rock, Arkansas 72201 Admin US. Department of Labor -Occupational Safety and Health Admin istration 1015 JacKsor, Keller Road--Room 122 San Antonio, Texas 70213 UJS. Department of Labor Occupational Safety and Health istration Room 302--redcral Building 421 Gold Avenue, S W. F.O. Box 1428 Albuquerque, New Mexico 67103 US, Department of Labor Occupational Safety and Health istration' 3627 Main Street--Room 3 300 Kansas City, Mis-omri 64103 Admin Admin US. Department of Labor Occupational Safety and Health Admin istration 210 North 32t3i Boulevard--Room 554 St. Louis, Missouri 63101 US. Department of Labor Occupational Safety and Health Admin- istration Petroleum Building 231 South Broadway Street--Suite 315 Wichita. Kansas 67202 UJS. Department of Labor Occupational Safety and Kealtli istration Room 043--210 Walnut Street Des Moines, Iowa 50309 Admin U.S. Department of Labor Occupational Safety and Health istration City National Bank Building Harney and 1 Gth street--Room 603 Omaha, Nebraska 63102 Admin US. Department of Labor Occupational Safety and Health istration 113 West 6th Street North Platte, Nebraska C3101 Admin US. Department of labor Occupational Safety and istration 8527 W, Colfax Avenue Lakewood, Colorado 80215 Health Admin US. Department of Labor Occupational Safety and Health , Istration Suite 525--Petroleum Building 2812 1st Avenue--North Billings, Montana 59101 Admin* U-S. Department of Labor Occupational Safety and Health Admin istration Court House Plaza Building--Room 408 300 North Dakota Avenue Sioux Falls, South Dakota 67102 UJS. Department of Labor Occupational Safety and Health Admin istration U.S. Fort Office Building--Room 452 350 South Main Street Salt Lake City, Utah 84111 FE0LRAL REGISTER, VOL 40, NO. 23--MONDAY, FEBRUARY 3, 1975 OCC 6860 1932 PROPOSED RULES T.5 DepaJ'tmcnt o' Labor UJ5. Department of TTETVY cerning 15 substances. Including 4 4'- Salei* and Health Adn'Jnlstxo- Nat.jnHi i?i-.:::ute L* Occupational Safety Mctlrvlene bis i2-chloroaiii!me) . The r:o.< 1C<% ;'.cAllivcr 5:rev---Room 1706 ;:aiKi^o. CtO'oml,* y*i.lQ2 r,3 l^pxrt^em of Labor S*u'^:y and Huth Atiminla- Tr.>uon Eu 316--Amerce To**rs : Nor:* Centra'. Aveuuo I -w.*nn Ar^ron^ a^>^>4 an- Keulth Arcane B .'.Ic.tng 1221 Second Street Seattle, W^ningum 98101 L'.S Departing]*.*, of HEW Natio:-.ai Institute lor Occupational Safety ar.d HeiJth John F Kennedy Federal Building Go\ cr:*me..t Center data, arsmnents. and conclusions re ceived by NIOSH were m ada available to the Occupational Safety and Health Ad ministration iOSHA). On January 4. 1973. a petition for an emergency tempore o' standard from the Oil. Chemical, and Atomic Workers Un ion <OCAW) and Health Research Group V.S Drpjxtvn^rtt or Labor Boston. Mrwo'acmisetts 02203 (HRGi was received by the Department Oc;u..aLior*Ai Safety and Heaitli Adnlnia* U.S Dspartment of HEW of Labor. The petition contained relevant irr.:;on 5,'.3 Queen S*r"Ct--Suite 505 ITo-olulu, Hawaii C 6 Depa--tcient of Labor Ou-cura'-ioiiai Safety and Health- Admlnia- National Institute for Occupational Safety and Health 26 Federal Plava New York, Now York 10007 E_S Department of HEW Nation^: institute lor Occupational Safety Information on the danger of exposure to 10 carcinogens, and suRgenH-d regu lations to prevent worker exposure to the substances. On February 9. 1973, a notice was pub ll/>0 E William Street S"J`e 222 C--"Son City, Nevada 89701 arid Health 601 East ;s:h Street Ka::aAs City. Missouri 64106 lished in the Feseral Register (38 FR 4037) of the receipt of the petition for issuance of an emergency temporary T, .> of Lj-bor Cv Sifeif and Health Acl3ills irat.on Kr-nv/eU Building--P-ocm 401 19 Pmo ATft3*J Lo^g- Brazil, California 90803 tJ.S. Deportment of Labor Occ`inarioaal SAfety and Health Admltila- tns'.lon 121-:07th Street. J* Washington 98004 C.S Department of HTiV Njiicua! iiittiiut* for Occupational EOfct7 U"1 Hci!Lh 25-i Fv'-er..' Building 60 Fuitoa street San r'rancUCo. California 94103 U-S. Department of HEW National Institute for Occupational Safety and Health 300 South tvacker Drlvo Chicago, Illinois 60G07 standard, and tnfcnnation was re-guested from Interested persons on the Issurs in volved. In response to the notice, mors than 53 written comments were received. Pursuant to section 6tc) of the Act (84 Stat, 1596, 29 VJSC. 635). an emer gency temporary standard on carcino gens was promulgated on May 2. 1973, at 38 FR 10929. The standard concerned work practices and controls designed to V3 Depftrccaeni of Labor This advance notice of prepared rule- protect employees from exposure to 14 Or-rirpatioual Safety and Health Adminis making Is Issued-under section 6-of the carcinogenic substances. Including 4,4'- tration Wlillams-Stelger Occupational Safety Llethylene bis (2-chlorcaniltnc). F-ed*-r*l Bunding--Room 237 COS West 4th Avenue Anchorage. Alaska 99501 VS Department of l^abor Occupational Safety and Health Adminis tration ?rt3cm o2-`--pittock Block 931 S.tV. Washington Streot Portland, Oregon 97206 and Health Act of 1970 <B4 Stat. 1593; 29 U.S C. 655) and Secretary of Labor's Order Ho. 12-71 <36 FK 3754). Signed at Washington, D.C, this 2Cth day of January 1975. JO'ITf Steitder, Assistant Secretary ol Labor. A standards advisory committee on carcinogens was appointed and began Its meetings on June 2j. 1973. The members of the committee represented employers, employees. Federal and state agencies and professionals. The committee termi nated its meetings on nuguct 21, 1973, and submitted to the Assistant Secretary TJ.3 Department of Labor [Fit DoC.75-3019 Filed l-31-75;8:45 Hi] of I-abor for Occupational Safety and Occupational Safety and Health Adminis Health Its recommendations for a stand tration 223 Idaho Building 216 North 3th Street Loire, Idaho 83703 The draft technical standards will also be available for inspection and copying at the national and regional ofBces of tho X7-S. Department of Health, Education, and Welfare. National Institute for Occu pational Safety and Health, at the fol lowing addresses: V3, Drpartment of HEW [ 29 CFR Part 1910] CARCINOGENS: 4.4'-METHYLENE BIS (2-CHLORCANIUNE) Notice of Proposed Rulemaking Pursuant to authority In section 6(b) of the Williams-STclger Occupational Safety and Health Act of 1S70 (the "Act") <84 Stat. 1593: 29 U.S.C. 655), Secretary of Labor's Order No. 12-71 (36 FR 8754), and 29 CFR Part 19U, It ard on certain carcinogens on August 27, 1973. The recommendations were pub lished In the Federal Register on Sep tember 7, 1973 (38 FR 24375). A rulemaking proceeding wits con ducted under section 6(b) and tc> of the Act, with the emergency temporary standard serving as a proposal as re quired by section 6<c)(3) of the Act. Notice of the proceeding was published In the Federal Register on July 16, 1973 (33 FR 18900). On July 27. 1973. a re N&tion&t institute for Occupational Safety and Health Loom 10-A22. 5C00 Fisher* Lana XlockvlUe, Maryland TJS. Department of HEW National Institute for Occupational Safety and Health 1114 Commerce Street, Room 1613 Doll**. Texas 75202 T7.S. Department of litfW National Institute for Occupational Safety and Health P.O Box 13716 Philadelphia, Pennsylvania 19109 TLS. Department of H2TW Is hereby proposed to amend Part 1910 of Title 29 of the Code of Federal Regu lations by addins the following standard concerning exposure of employees to 4,4'-Methylene bis (2-chloroanlllne) as f 1910 93e. Tills proposal Is Issued pur suant to the remand of the United States Court of Appeals for the Third Circuit In Synthetic Organic Chemical Mannlecturers Association v. Brennan. F. 2d (Nos. 74-1129, 74^1149. 74-1268, December 17.1974). Background. On May 22, 1972. the Deputy Assistant Secretary of Labor for vision of the emergency temporary stand ard was published at 33 FR 20074. end an amended notice of rulemaking pro ceeding was published at 38 FR 22141, on August 16, 1973. The notices Invited Interested persons to submit, prior to September 5. written comments, data and atguments concern ing the proposals, and also provided for the presentation of oral testimony at a public hearing scheduled for Septem ber 11-14, 1973. Numerous written com ments were received and about 36 parties testified at the hearing. The record of National Institute for Occupational Safety and Health 9017 Federal BuJlriir.g 19th and Stout Street* Denver. Colorado 39203 V3, Department of HEW National institute for Occupational Safety and Health 60 Seventh Street. N.S, Atlanta, Georgia 30333 Occupational Safety and Health re quested Information from the Director of the National Institute for Occupa tional Safety and Health (NTOSH) on nine substances alleged to be carcinogens. As part of his effort to gain the best available scientific data, the Director published on July 6, 1972. at 37 FR 13285, a request for information con the hearing was initially held open until September 23. for additional comments. After the close and certification of the record by the administrative law judge, additional comments mailed on or before September 28 were received. On October 2 the judge reopened the record for the limited purpose of including these ad ditional comments. On October 15, the FEDERAL REGISTER, VOL 40, NO. 23--MONDAY, FEBRUARY 3, 177S OCC 6861 PROPOSED RULES 4930 judge closed the proceeding and for warded the certified record to the As sistant Secretary ol Labor for Occupa tional Safety and Health for final decisionA final environmental Impact state ment on the proposed standard on car cinogens was filed with the Council on environmental Quality on October 2. '973. and copies were distributed to ap propriate agencies In a letter dated No vember 2. 1973. the Council pointed out r'lcscd deficiencies in the statement filed. Pursuant to that letter, a supplement to the statement tv as sent to the Council on November 29. 1273. with a request for a"waiver of the full. 30-day revic-w period. By letter dated' December 10. 1973. the Council advhed that the request.had been denied- Notice of the filing of the sup plement was published by the Council oil December 14, 1973 (38 I'Ll 34438). Cn January 29. 1974. OSHA promul gated final occupational safety and health standards on 14 carcinogens (39 FR 3756) based or. the rulemaking proceed ing which had been conducted. Separate standards were promulgated for each of the 14 substances, and were codified as {5 1910.93c through 1910 93p The stand ard on exposure to 4,4'-Meth.vlene bis (2chloroanlline) was contained In 1910.S3e and was republished on June 27.1974 at 39 FR 23551. Within 60 days after promulgation of the carcinogen standards, the Synthetic Organic Chemical Manufacturers Associ ation (SOCMA), Polyurethane Manufac turers Association (PMA). and Oil. Chemical and Atomic Workers and Health Research Group (OCAW-IIRG). petitioned under section 6(f) of the Act for review of various portions of the carcinogen standards. On August 20.1974, the United States Court of Appeals for the Third Circuit handed down Its de cision In Synthetic Organic Chrmical Manufacturers Association y. Brennan. 503 F. 2d 1155, (No. 74-1129), covering one of the 14 carcinogens, ethvleneimlr.e ("Erl. The court upheld the Secretary's determination that El Is carcinogenic and Upheld tiie standard, except as to the rpeclol provisions In the standard for laboratory activities. As to the laboratory requirements, the court found that ade quate notice had not been given of OSHA's intention to make special pro visions for laboratories, and therefore va cated and remanded these special pro visions- On December 17, 1974. the same court Issued Its decision in Synthetic Organic Chemical Manufacturers y. Brennan, P. 2d (Nos. 74-1129. 74-1149. 74-I2CS), dis posing of the remaining challenges to the standards on carcinogens. The court, re lying on it* rationale in the first decision, upheld the Secretary's determinations concerning carcinogenicity of the substances involved. Including 4,4'-MethyIcne bis (2-chloroanilinc). and sustained the Secretary's various determinations n particular aspects of the standards. these requirements, and vacated the special provisions concerning labora tories, because o; the lack of adequate no.ice. In addition, the court vacated the entire standard on 4.4i-Meth> lene bis (2-chJoroani!int> '23 CFR.1910.98c) bccau.-tg m the court's view, the procedure followed by OSHA In promulgating 5 1919.93c did not ccmpiv with the statu tory requirements Specifically, the court held that the Secretary eired in not publishing a picposo:! regulation after receipt cf the recommendations of the advisory' committee, and that the puulir was r.ot given adequate time to comment on the advisory committee's report. Accordingly, the court vacated the standard on 4,4'-Met.hylene bis (2chlorornillne) and remanded it for the publication of a pro;>oscd standard to be followed by the required procedures for public comment and hearing. While a petition for re.-ieerlng on this portion of the court's decision has been filed, this notice of proposed rulemaking Is pub lished pursuant to the court's mandate in order to assure effective protection of workers in the swiftest possible time. It is recognised, however, that action by the court on the Secretary's petition may necessitate changes in the proceedings initiated by this notice. Proposed Standard. The proposal con tained herein for the regulation of occu pational exposure to 4,4'-Methylene bis (2-chloroanlline) Is Identical with the final standard on 4,4'-Methyiene bis <2chloroanihne) promulgated on Janu ary 29. 1974. and contained In 1910.C3e. That standard was Is-ued after an ex tensive ni'emakins proceeding which had formally commenced in May 1973 with the publication of the emergency tem porary standard and which was based on the combined efforts of OSHA and NTOSIi extending buck at least a year before the promulgation of the emer gency standard. Ail the evidence, testi mony. comments, views and arguments developed during this extended period of of time. Including the advisory commit tee recommendations, were considered in formulating the final standard. Accord ingly. OSHA believes that the standard on 4.4'-Melhjlcne Mr. i2-chloroardiine) promulgated on January 29, 191-4. and vacated by the court on procedural grounds, serves as the best possible basis for the current proposal. In addition, the action of the court has created a gap In the significant protection afforded to employees by the carcinogen standards. The need to fill this gap ns quickly as possible, consistent with the statutory procedures, further supports the wisdom of utilizing the promulgated standard as the proposal in this rulemaking proceed ing, However, while we are proposing the same standard which was vacated by the court, the final standard which will issue as a result of this proceeding will be based od the entire record developed herein. Including the record of the earlier proceeding. of this proposal are fully set out in. 1 r.: preamble to the carcinogen stardar, pufcluhed at 39 FP. 3756.'and are ir.cn.- poratc-d by reference herein. The fincir. : of carcinogenicity, based largely r i extrapolation from animal data cur tained in the NIOFII hazard re. lew doc ument. was sustained bv the court In r.i decision of December 17, 1974. The treat ment cf 4,4'-Methylcne bis (2-chloroanilir.e) as a carcinogen in the propos: 1 is based on the same considerations s( t out hi (lie preamble to the carer.ioge i standards and affirmed by the- court. As rioted, the terms of this proposal are identical with the final standard pro mulgated on January 22. 1974 Discussio l and explanation of the particular ele ments of the proposal, such ns the basic scheme of control through the use cf isolated systems and closed systems, the exclusion of mixtures containing le.-3 than one percent of 4.4'-Methylene bis (2-chloroanihnu) and the special previ sions for premix solutions, the require ment for the establishment of regulated areas, the special provisions for mainte nance and decontamination activities, emergencies, and laboratory activities, and the requirements for signs, informa tion and training, medical surveillance and recordkeeping, are contained In the preamble to the final standard. Incor porated herein by reference. The proposal includes special provi sions for laboratory activities. Identical with those contained in the standard promulgated on January 23. 1974. Tr.e inclusion of these laboratory jv-ovisions in the proposal provides nou:c to all in terested parties that special requirements fer laboratories ere contemplated and satisfies the court's mandate as to the laboratory provisions in the standard on 4,4'-Methylene bis (2-chioroaniltne). A separate rulemaking proceeding will bo instituted shortly to re-propose labora tory require.-.- cr.t: lor the 13 other car cinogen standards. The court, in its decision of December 17, 2974. remanded, without vacating, the medical examination provisions of all the carcinogen standards because of the failure to explain the lack of specific requirements making these provisions effective. OvHA has requested NIOSH to develop, on an expedited bavs. appropri ate medical protocols for a'.i 14 carcino gens. The specific medical requirement! for each substance, when available from NIOSH, will be proposed as amendments to the carcinogen standards in r. separata rulemaking proceeding. However, so as not to delay the filing of the gap created by the court's vacating the standard cn 4,4'-Methylene bis (2-chloro.nniline). and 50 as to provide the fullest medical pro tection possible based on the currently available information, tills proposal is Issued now with the same medical exam ination provisions as contained in the standard promulgated on January 2J. 1974. Tlie court's remand and the three* tion to provide greater specificity in the medical examination provisions will L However, the couri remanded the pro The basis for the Secretary's finding complied with as soon as the neces=a: r visions on medical examinations in all that 4,4'-Methylene bis (2-chloroani- information becomes available to OSIIA. tbe standards, because of the Secretary's ilnel Is a carcinogen and the explanation It was suggested during the court liti failure to explain the lack of specificity In of end rationale for the various elements gation on the carcinogen standaids the.; FEDfltAl REGISTER, VOL 40, NO. 23--MONDAY, FEBRUARY 3, 197S OCC 6862 I'jo t PROPOSE! the extent of the prohibition on open ve.ve1 operations is unclear. Section 1510 93c, as promulgated on January 3, 1974, end as proposed herein, contains the icdovmg dc-finuion of open-vessel system ;n paragraph (b) (13) : (13) "Open-vessel sw.em" means an op- era'-ic,n linohru 4 V'-Meihvleac Pis (2-chIo- roar.llme) In an open ves-el. vli!?h Is not In an tsd'Urd system, a laboratory type Po< d, nor m any oilier ?\ stem ait'-vcUne equivalent protection ngiinst the entry of 4.4'-Meilii i- eno bis (2-cliloroanlllne) into regulated ttrea=, uonretpulated areas, or the external eut ironnieut. Paragraph tc> * 3) provides that "open vessel system operations as defined in paragraph <b)<13) of this section are prohibited," Thus, the proposal would prohibit only those open vessel operations defined as such in paragraph <b)(13), and vmfid permit open vessel operations if ihy arc conducted ill an isolated sys tem. a laboratory tvpe hood, or in any other s: s;em afiord:nr equivalent pro tection against the entry of 4.4'-Methyler.c bis (2-chloroar.i!ine) into the sur rounding atmosphere. As noted above, di-aft and final envi ronmental impact statements on the car cinogen standards were prepared during the course of the first rulemaking pro ceeding. Since the proposal issued herein is identical with the standard promul gated as a result of the rulemaking pro ceeding. the Director of the Office of Standards Development has, determined that it is likely that all relevant environ ment.'! impacts of this proposal have al ready been considered, Accordingly, no new draft environmental impact state ment nail be prepared for tills proceed ing. However, pursuant to the regula tions in 2:) CFR Part 1590, the environ mental Impact of this proposal is an issue in the proceeding. If significant new information concerning the envi ronmental impact of tins proposal be comes available, the Director of the Of fice of Standards may supplement or amend the final environmental impact statement, pursuant to 39 CFR 1999.5(h), Interested persons are invited to sub mit written data, views, or arguments concerning the proposed standard, post marked on or before March 10. 1975. Written comments must .be submitted in quadruplicate to OSHA Committee Management Office, Docket OSH-70, 1726 M Street, NW,, Room 26C, U.S. De partment of Labor, Washington, D.C, 20210 (Phone: (202) 961-2243 or 2487). The data, views and arguments will be available for public inspection and copy ing at the above address. All written submissions received will be made a part o' the record of this proceeding. Data, views and arguments submitted during the first rulemaking proceeding on the carcinogen standards, including the ad visory committee report, will be made a part of the record of this proceeding and need not be resubmitted. They will also be available for inspection and copying at the above address. In order to expedite this rulemaking proceeding and in anticipation of re quests for a hearing, we are scheduling an Informal public hearing, pursuant to section 6<b) Of the Act. and 29 CFR Part 1911, to begin or. April 1, 1975 in the De partmental Auditorium. Constitution Avenue, between 12th and i4th Streets, NW., Washington, D.C. 20210, All aspects of the proposed standard, including envi ronmental impact, will be at issue in the hearing, Beginning at 9:30 a.m, e.d.t. on April 1, 1975. the presiding Adminis trative Lav, Judge will hold a pre-hear ing conference in order to settle any mat ters relating to the proceeding. All per sons intending to make presentations should attend the pre-hearing conference (84 Stat. 1593, 1599; 29 U S C. 655, 6571, Secretary of Labor's Order No. 12-71 136 FR 8754), mid 29 C'FR Part 1911, it is hereby proposed to amend Par: 1910 of Title 29 cl the Code of Federal Regulations by adding 5 1910.93e as set forth below. (Secs. 6. 8. 84 Stat, 1591, 1599 <29 U.SC 655, 557) Secretary of Labor's Order No 12-71. 25 FR 3754, and 29 CFR Part 1911) Signed at Washington, D.C. this 27th day of January, 1973. John Stender, Assistant Secretary of Labor, which is open to the public. The hear 1*) 10.93c 4.r-Mvli}l.-uc Vi.-(2.chloro- ing will be conducted, and the decisions aniline). made, in accordance with 29 CFR Part 1911, Persons deviling to appear at the hearing must file a notice of intention to appear on or before March 18. 1973 with OSH.'. Committee Maua-cuicnt Of fice. Docket OSH-70, 1726 M Street. NW., Room 260, U.S. Department of Labor, Washington. D.C. 20210 fphone: 2029G1-2243 or 2437). The notice must con tain the following information: (1) The name and address of the per son to appear; (2) The capacity lu which he will appear; (3) The approximate amount of time re quired for the presentation: (4) The specific provisions of the proposal that will be addressed; (a) .Scope and application. (1) This section applies to any area in which 4,4"Methyiene bis(2-clilaioaniline). Chemi cal Abstracts Service Registry Number 101144 is manufactured, processed, re packaged, released, handled, or stored, but shell not apply to trans-shipment m sealed containers, except for the labeling requirements under paragraphs <e) i2>, >3'. and (4) of this section. < 2> This section shall not apply to solid or liquid mixtures containing less than 1.0 percent by weight or volume of 4,4'Methylene bls(2-ch)oroaniline), (b) Definitions. For the purposes of this section: (1) "Absolute filter" Is one capable of retaining 93.97 percent of a (5) A brief statement of the position that will be taken with respect to each provision addressed; and (6) A summary of the evidence with re spect to each such prov.sion proposed to bo adduced at the hearing. mono disperse aerosol of 0.3 jun partielps. (2) "Authorized employee" means an employee whose duties require him to be in the regulated area and who has been specifically assigned by the employer. The oral proceedings will be reported verbatim. MI statements and documents that are intended to be submitted for the record of the hearing must be submitted in quadruplicate. The use of prepared statements by witnesses is encouraged. The Administrative Law Judge shall have all the powers necessary or appro priate to conduct a fair and full infor mal hearing, including the powers: (a) To regulate the course of tlio pro ceedings; (b) To dispose of procedural requests, objeciions, anJ comoarable matters; (c) To confine the presentations to mat ters pertinent to the proposed standard; (3) "Clean change room" means a room where employees put on clean clothing and/or protective equipment in an environment free of 4,4'-Methylene bls(2-cldoroanillne). The clean change room shall be contiguous to and have an entry from a shower room, when the shower room facilities are otherwise re quired in tills section. (4) "Closed system" means an opera tion involving 4.4'-Methyiene bis (2chloroaniline) where containment pre vents the release of 4,4'-Methylene bis (2-chloroanillne) into regulated areas, nonregulated areas, or the external environment, (d) To regulate the conduct of those pres ent at the hearing by appropriate means: (e) In his discretion, to question, and permit questioning of any witnesses; and (f) In his discretion, to Keep the record (5) "Decontamination" means the in activation of 4.4'-Methylene bls(2chloroaniline) or its safe disposaL (6) "Director" means the Director. open for a reasoi able, stated time to receive National Institute for Occupational written information from any person who Safety and Health, or,any person di has participated in the oral proceeding. rected by him or the Secretary of Health, Following the close of the hearing, the Education, and Welfare to act for the presiding Administrative Law Judge shall Director. certify the record thereof to the Assist (7) "Disposal" means the safe re ant Secretary of Labor for Occupational moval of 4,4'-Methylene bls(2-chloro- Safety and Health. aniline) from the work environment. The proposed standard will be reviewed (8) "Emergency" means an unfore after consideration of all relevant oral seen circumstance or set of circum and written. Information, data, views, or stances resulting in the release of 4.4`arguments, including the record'of the Metliylene bis(2-chloroaniline) which earlier proceeding, and may be adopted may Tcsult in exposure to or contact with with or without changes. 4,4'-Methylene bis(2-chloroanlllne). Accordingly, pursuant to sections 6(b) (9) "Externa! environment" means and 8(c) of the Willlams-Stclgcr Occu any environment external to regulated pational Safety and Health Act of 1970 and nonregulated areas. FEDERAL REGISTER, VOL 40, NO. 23--MONDAY, FEBRUARY 3, 1975 OCC 6863 PROPOSED RULES -19o3 i US.C. 6 f Order ' -:! CIR T\ nd P Fedt: .,ii "isolated system" means a fully structure other than the vessel ^.jtT.ninynt. of 4,4'-MetliyIene bis .I'.jroor-ihne), which is Impervious t`,e pussase of 4.4'-Mcthylcns bl3 .,-:iloror.miiiic). and s hifh would pre- ,. ;it the entry of 4.4'-Mcthvlenc bis JH'sc ii - ho. is -i) | liloroaiuhno into regulated areas, mvguir.ted areas or the external cn; i;;ment. should loakare or spillage T. this 27>. <-.;n the vessel of containment occur. 111) "Laboratory type hood" Is a de- ,\'-e enclosed on tlu-ec side.: and the top .'.VSDEIt, (-7 Labor .i bottom, desicnc-d and maintained L i ns to draw air intend at an average (2-rliIui. - er face velocity of 120 feet per mute with a minimum of 120 feet per (1) Tli which 4A'Chcm; "v Numb: 'essed. ;c or storer upment i; 7e Jabelir. is (e) <2- minute', designed, constructed, and lhitained in such a way that an oper- ;.nn Involving 4,-'-Mcthylene bi$(2, `.icroanilinel v.-lt`-jn,the hood does not - -r.iire the im.eriion of any portion of .r.y employee's hotly other than his :...uds and arms. 112) "Nonrcgvdnted area" means any rrea under the control of the employer Mhere entry and exit Is neither restricted ply to soli; less th:i: .ve of 4,4 '- :.j.* controlled. (13) "Open-vessel system" means an operation involving 4,4'-Mc;hylcne bis . 2-chloiaanffinc) In an open vessel, irposes o.' ' eri* Is or ient 0/ particles means u: him to be ' has bte: .doyer, means a hlch Is not In an Isolated system, a : .boratory type hoed, nor ir. any other .-vstem affording equivalent protection talnst the entry of 4.4'-Me:hylr ne bis '2-chloroanilii.el Into regulated areas, r unregulated areas, or the external environment, (14) "Protective clothing" means clothing designed to protect am employee aaainst contact with or exposure to 4.4'- nr Methylene bis(2-rhlorcanil:ne'. ir (15) "Regulated area" means an area r.t a cnangf -here entry and exit Is restricted and controlled. - have ar ic> Requirements for area; containing hen the vise re- 4,4'-Methylcne bis <Z-cklorocniline). A regulated area shall be established by an 1 employer where 4.4'-Methylrre bls(2- oner?.- chloroaniltne) Is manufactured, proc = bls(2- eed, used, repackaged, released, hem ent pre- med or stored. All such areas shall be . iene bi- cunrolled In accordance with the re u are? 5 quirements for the following category external cr categories describing the operation Involved: (1) Isolated systems, Em- tile ii:- . ;'.ees working with 4.4'-Methylene 11 . bis(2- * ih'S-chloroaniline) within an isolated '"tem, such as a "glove box" shall wash rector 'uelr hands and arms upon completion rations: of the assigned task and before engaging "son di- |n other activities not associated with Healtl: '-he isolated system. tor thf '2i Closed system, operation. 'Within r.'gu'.sted areas where 4.4'-Methylene efe re- tt'12-chioroaniline) Is stored in sealed -chloro- ' -'htaincrs, or contained In a closed sys- 7\t. ibm. including piping systems, with any '..ifore::rcum- 'I 4,4'whicb ''triple ports or openings closed while . ^.'-ethylene bls(2-rhlorccr.iline) is htuns-d within: (1) Access shall he re1 "idled to authorized employees only; :t witt /`U Employees shall be required to hands, forearms, face and neck mean.' uisud J;<n woh exit from the regulated areas. ' y Lo the point of exit and before en* J-.ng in other activities. (3) Open vessel system operations. Open vessel system operations as defined In paragraph (b> (13) of this section are prolUbited. (4) Tians/cr from a closed system, charging or discharging point ov-ra. tinr.s, err otherwise opening <j closed sys tem. In operations involving "laboratory type hoods," or ui locations where 4.4'Methvlene t:s'2-cklorca::iiln~) Is con tained in an otherwise "clm-cd system." but Is ttr.nsfcrrcd, charged. or c;sch:.rc-d into ether normally cli.-ed ccntainers. the provisions of this su'v.'rayraph shall ap ply. (1) Access shall be restricted to authorised employees only: (ii) Each operation she.'.' be provided with continuous local sx.iaust venifation so that ;ur movement Is always from ordinary work areas to the operation. Ex haust air shall not be discharged to reg ulated areas, noureruhued areas or the external environment unless decontam inated Clean makeup air shall be in troduced in sufficient volume to maintain the correct operation of the local exhaust system. (iii) Employees shall be provided with, and required to wear, clean, full body protective clothing (smocks, coveralls, or long-sleeved shirt and pants), shoe covers and gloves prior to entering the regulated area. Mv) Employees engaged In 4,4'-Methylcne bis(2-ch!orqanihue) handling op erations shall be provided with and required to wear and use a half-face, filter-type respirator for dusts, mists, and fumes, in accordance with 5 1910.134. A respirator affording higher levels of pro tection may be substituted. (v) Prior to eacn exit from a regu lated urea, employees shall be required to remove and leave protective clothing and equipment at the point of exit and at the last exit of the day, to place used clothing and .equipment in impervious containers at the point of exit for pur poses of decontamination or disprsaL The contents of such Impervious con tainers shall be Identified as required un der paragraphs (e) (2), (3), and (4) of this section. Cvi) Employees shall be required to wash hands, forearms, face and neck on each exit from the regulated area, close to the point of exit, and before engaging in other activities. (vll) Employees shall be required to shower after the last exit of the day. (viii) Drinking fountains are prohi bited in the regulated area. (5) Maintenance and decontamination activities. In cleanup of leaks or spills, maintenance or repair operations on con taminated systems or equipment, or any operations involving work In an area where direct contact with 4.4'-Methylene bls(2-chloroaniline) could result, each authorized employee entering that area shall: (1) Be provided with and required to wear clean, impervious garments. In cluding gloves, boots and continuous-air supplied hood in accordance with 5 1910.134. (11) Be decontaminated before remov ing the protective garments and hood: (iii) E-o required to shower imor. removing the protective garments and hood. <G) Laboratory activities The require ments of tills sub-para "reph rhr.'l r;r!" to re'enroll and quality centra! :vc' a. ,t: * 5 Involving the r.e of 4.4'-Mo:hyiene bir(2-ch!"rcaviliiie). ii) Mechanical pipet ting aids shall be uted lor nil pipetf.n; prccsiiures- (ii) Experiments, procedures and equipment which could prepuce r.er'.voiv sholl be con'ned to laborr.tcry-type hoods or move bt::e:- (iii) Surfaces on which 4.4'-Mcihy!eiie blrif-chio'-y'. nlli'iei ij hr.nt'.ad snail bo protected from contamination. (iv) Contaminated wastes and animal carcasses shall be collected in impervious containers which are closed and decon taminated prior to removal from the Wui'k area. Such wastes and carcasses shall- he in.cin.crnicd in si: "h a manner that no carcinogenic products are re leased. (v) Ah other forms of 4.4'-Methylene bis(2-chlorja." ilmei shall be inactivated prior to dhposal. (vij Laboratory vacuum systems sha.ll be protected with liigh-cikeiency scrub bers or with disposable absolute hirers. (vil) Employees engaaeri in animal support activities shall be (a) provided with, end required to wear, a complete protective clothing change,' clean each clay, including coveralls or pints and shirt, foot covers, head covers, gloves, and appropriate respiratory protective equipment cr devices: and (b) Prior to each exit from ;v r^effuted area, employees shall be required to re move and leave protective clothing and equipment at the point of ex't and at the last exit of the day, to place used clothing and equipment In impervious containers rt the point of exit for pur poses of decontamination or disposal. Tnc contents of such impervious con tainers shall be identified as required under paragraphs (e) (2), (3), and (4) of this section. (c) Required to wash hands, forearms, face and neck unon each ex't from the regulated area close to the point of exit, and before engaging in other activities; and id) Required to shower after the last exit of the dav. (viil) Employees, other than those en gaged only in animal support activities, each day shall be (c) provided with and required to wear a clean change of appro priate laboratory clothing, such as r. solid front gown, surgical scrub suit, or fully buttoned laboratory coat. (b) Prior to each exit from a regulated area, employees shall be required to re move and leave protective clothing and equipment at the point of exit and a: the last exit of the day, to place Used cloth ing and equipment in Impervious con tainers at the point of exit for purposes of decontamination or disposal. The contents of such impervious containers shall be identified as required undT paragraphs (c) (2), (3), and (4) of this section. f i FEOERAl ftEGISTIJt, VOL 40, NO. 23--MONDAY, FEBRUARY 3, 1975 - OCC 6864 19.36 PROPOSED RULES (c) Required to wash hands, forearms, authorized representatives of the Assist (iii) Decontamination procedures ,-h. face and neck upon each exit from the ant Secretary and the Director. In the be established and implemented to regulated area close to the point of exit, event that the employer ceases business move 4,4'-McUiylenc bis(2-chdoro.'r.: and before engaging in other activities.' without a successor, rosters shall be for Idle) from the surfaces of materia', `lx) Air pressure in laboratory areas warded by registered mail to the equipment and the decontaminate and animal rooms where 4,4'-I.tethyIene Director. fac'lity. bis'S-ohloroa'.ulinei :s handled and bio- (2) Emergencies. In an emergency, (iv) Dry sweeping and dry mopna,, ns'ay stvdic.'. are pt-i formed shall be immediate measures Including, but not are prohibited. neianve m relation to the pressure in limited to, the requirements of subdivi (c) Signs, information and training_. surrounding areas. Exhaust air shall not sions U>, (ii). (id), (tv), and <v) of this (1) Signs, (i) Entrances to regulate- be tin,charged to r>: related areas, r.on- subparagraph shall lie implemented, (i) areas shall be posted with signs bearir.j letadated area? or the external environ The potentially affected area shall be the legend: ment unless decontaminated. evacuated as socn as the emergency has iyi There shall be no connection be been determined. CANCER-SUSrECT Acent tween regulated areas and any other (IS) Hazardous conditions created by Authorized Personnel Only areas through the ventilation system. <\;;i a current inventory of 4.4'- Mothvlene bis (2-chloroanlline) shall be maintained. ixui Ventilated apparatus such as lab the emergency shall be eliminated and the potentially affected area shall be de contaminated prior to the resumption of normal operations. uii) Special medical surveillance by a (ii) Entrances to regulated areas con taining operations covered in paragraph (c) (5) of this section shall be pcstcC with signs bearing the legend; oratory type hoods, shall be tested at physician shall be instituted within 24 Cancer-Suspect Agent Exposed in Tht: least remi-tnr.uculy or immediately after hours for employees present in the poten Area ventilation modification or mainte nance operations, by personnel fully qualified to certify correct containment and operation. tially affected area at the time of the emergency. A report of the medical sur veillance and any treatment shall be in cluded in the incident report, in accord Impervious Suit Including Gloves. Boots, and Ajs-Supplies Hood Reouired ar All Times f?> Premised solutions. Where 4.4'- ance with paragraph if) (2) of this Authorized Personnel Only Metlxyler.e bis(2-chlorcan:iine) is pres ent only in a single solution at a tem perature not exceeding 120'F. the estab lishment of a regulated area is nut required; however, <i) Only authorized employes shall be permitted to handle such materials; (ii) Each day employees shall be pro vided with and required to wear a clean chance of protective clotliing (smocks, covomlls, or long-sleeved shirts and pant'), gloves, and other protective gar ments and equipment necessary to pre vent contact with tire solution in the processes used; (iii) Employees shall be required to remove and leave protective clotliing and equipment when leaving the work area at tlic end ox the work day, or at any time solution is spilled on such clothing or equipment. Used clothing and equip ment shall be placed In impervious con tainers for puiposes of decontamination or disposal. The contents of such Imper vious containers shall be identified, as required under paragraphs (e) <2>, (3), and (4) of this section; Uv) Employees shall be required to wash hands and face after removing such clothing and equipment and before engaging in other activities; <v) Employees assigned to work cov ered by this subparagraph shall be deemed to be working in regulated areas section. (iv) Where an employee has a known contact with 4,4'-Methylene bis(2chloroaniline) such employee shall be required to shower as soon as possible, unless contraindicated by physical injuries. (v) An incident report on the emer gency shall he reported as provided In paragraph <f) (2) of this section. (3) Hygiene facilities and practices. (J) Storage or consumption of food, stor age or use of containers of beverages, storage or application of cosmetics, smoking, storage of smoking materials, tobacco products or other products for chewing, or the chewing of such products, are prohibited in regulated areas, (ii) Where employees are required by tills section to wash, washing facilities shall be orovided In accordance with 1910.141(d) (1) and (2) (ii) through (vii). (iii) Where employees are required by this section to shower, facilities shall be provided in accordance with 5 1910.141 <d)(3). (iv) 'Where employees wear protective clothing and equipment clean change rooms shall be provided, in accordance w'ieh 11910.141(e), for the number of such employees required to change clothes. (Iii) Appropriate signs and Instruc tions shall be posted at the entrance to, and exist from, regulated areas, inform ing employees of the procedures that must be followed In entering and leaving a regulated area, (2) Container contents identification. (i) Containers of 4,4'-MctUylene bis(2chioroanlline) and containers required under paragraphs (c)(4)(v) and (c)<fl (vii)(b). ar.d (c) (6) (viin (b> and (c)(7) (iii) of tills section which are accessible only to, and handled only by authorized employees, or by other employees trained in accordance with subparagraph '5' of this paragraph, may have contents iden tification limited to a generic or propri etary name, or other proprietary identi fication, of the carcinogen and percent. (11) Containers of 4,4'-Methylene bis(2-chloroanillne) and containers re quired under paragraphs (c) (4) (v), (c) (6) (vii) (6), and (c> (6) (viil) (b) and (c) (7) (iii) of this section which are acces sible to. or handled by employees other than authorized employees or employees trained in accordance with subparagraph 5 of this paragraph shall have contents identification which Includes the full chemical name and. Chemical Abstracts Service Registry number as listed In par agraph (a)(1) of this section, (iii) Containers shall have the warn for die purposes of paragraphs (d) (1), (v) Where toilets arc in regulated ing words "CANCER-SUSPECT AGENT" (2). (3) (l) and (ill. and (4) (111) and areas, such toilets shall be in a separate displayed Immediately under or adjacent tiv), (e). (f).and (g) of this section: room. to the contents Identification. (vl) Work areas where solution may (4) Contamination control (1) Reg (iv) Containers which have 4,4'- be spilled shall be (a) covered dally or ulated areas, except for outdoor systems, Methylene bis<2-cMoroanillne> contents after any spill with a clean covering; shall be maintained under pressure neg with corrosive or irritating properties or ative with respect to nonregulared areas. shall have label statements warning of (b) Cleaned thoroughly daily and Local exhaust ventilation may be used such hazards, noting, if appropriate, par after any spill. to satisfy this requirement. Clean makeup ticularly sensitive or affected portions (d) General regulated area require air in equal volume shall replace air of the body. ments--(1) Employee identification. A removed. (3) Lettering. Lettering on signs and daily roster of employees entering regu (ii) Any equipment, material, or other instructions required by subparagraph lated areas shall be established and Item taken Into or removed from a reg (1) of this paragraph shall be a mini maintained. The rosters or a summary' ulated area shall be done so in 3 manner mum letter height of 2 Inches. Labels on of the rosters shall be retained for a pe that does not cause contamination in containers required under this section riod of 20 years. The rosters and/or sum nonregulated areas or the external en shall not be less than Vi the size ol the maries shall be provided upon request to vironment. largest lettering on the package, and FEDERAL REGISTER, VOL 40, NO. 33--MONDAY, FEBRUARY 3, 1975 OCC 6865 PROPOSED RULES 4937 roi ler-s than 8 point type In tiny in (2) Incident*. Incidents which stance: provided that no such required In the release oi 4,4'-Msthyier.e b:-,J.2- lettering need be more than 1 Inch In ehiaroauihne) ir.t-i any area where em height. (4> prohibited statements. No state ployees may be p .h :ii:slly expos.-ri -1 fc; icported in r.ccc. c..ncc- with thio f-.ih- ment shall appear on or rear any re ji-i-ccraph i i'. A report o: the ocruiievot quired sign, label, or instruction which o: li'c- incident and t-u- facts obtainable contradicts or detracts from the effect at i hut rime it in f : -T a report on any ol any required warning, information or it.c;::c<-l treatmem c-f ...beted c-niplo;. Instruction. sholl bs made v.rii.iu 24 hours to the (5) Training and tndcn.rp'ntion. (1) ns-arc.'t OSHA Area Director. Each employee prior to being authorized (-il A written re; or: shall be filed wirh to enter a rceuleted area, shall receive the nearest G3HA Area Director wit!'.:n a Training and indoctrination program la culc-i'.dar tig's thc.c.'.-iirr end sh.'P Including, but not necessarily limited include; <a) A cification of in? to: (ci) Tit nature of the carcinogenic amount of me tcrl.if , leased, the amount hazards of 4.4'-Mc-thyleiie blscfi-rhloro- of rliue involved. end an explanation c-f aniline), Including local and systemic the procedure used in rietermimnn this toxicity: figure; <b) The specific nature- of the opera- (b) A description of the area involved, ticn involving 4.4'->fcth>line Us(2- end Lie extent of known end possible chloroanilinei which could lesult in ex on p'.ojee exposure and area contamina posure; tion; and (e) Tlie purpose for and application (c) A report of any medical treatment of the medical surveillance program, In of fiiifr.ted employees end any medical cluding, as appropriate, methods of self- surveillance prog-an: Implemented; and examination; (if i An analysis of the circumstances (d) The purjvr.se for an i application of the incident. c:.d measures taken or of decent rminalior, pracliccj and pur to lx- taken, with rptrific completion poses; cates, to avoid furt'-er similar rclcc. (e> The purpose for and significance ig) 1`Icuieal surveillance, At Do co:;( to ot emergency practices and i-icredures: the employee, a program of medical (/) The employee's spa.hie l-ole In survci'.Lvnce shall Le established anti !m- emergency procedures; plcmtntod for employees considered for ig) Specific Information to aid the a.-rin-.inent to eniev regulr.tsd areas, and employee In recognition t-iiu evaluation for authorized eimilos :vs. (1) firmr.me of conditions; end situation-. i.h'.ch may ric'uv <i> Before an employee is as.fian.'J result In the release of 4,4'-Mclh>lcne to cuter a regulated area, a precs?;-..'.- t-Lsf2-eh!orot.nll:ne); n-.ent physical examinution by a ph.*.-l- (h) The purpose for and application ci=!n shell be piorid-.-d. Tlie examine ban of specific fi: :.-t aid procedure-:, cud piac- sr.iil include the y-.-none,'. history t ? the ticos: employee, family ar.d occupational tuck- (0 A review of this section at the jrourid, including genetic and environ employee's first training and indoctrina mental factors. tion program end annucily t.iercafter. (ii) Authorized employe es shall be r ro- (11) Specific emergeney u: xedures vided periodic physical examinations, net slrall be preset:bed, ano posted, and em Is :$ often than annually, following (he ployee.;, ibzll be fa mil i a ri vbh their pi tsc'iznment ext ruination. temp-, and rehearsed in ilieir applica (id) In all phyr.k.-J examinations, the tion. examining physician shall consider (ill) AU materials relating to the pro whether there ex'..t conditions oi i:i- gram shall i; provided uiv_.n request to orcr-scd risk, including reduced immuno authorized representatives of the Assist logical competence, those undergoing ant Serretniv and the Director. ti>?-:;tm.--nt with str:o:ds or cytoic iic U> A:parts--'1' Or-e.-nli ,r.s. N-.-t later ai-i'.i..., prc-gricnc;, r.ui ok urett-? unc.-:.-. than March 1. 1974, the Inform M,ion re (2) Records. (!' Employers ol e-'.iquired La subdivisions (1). (il), (ill), and ploi c-f s examined pi;r.,uant to this pma(iv) of this subparagraph shall be re grr-ih shall cause to te maintained com ported In writing to the nearest OSHA plete and accurate records of all such Area Director. Any changes in such In medic vl examinations. Records rl.a'.i be formation shall bo similarly reported In maintained for the duration cf the em wilting within 15 calendar days of such ployee's employment. Upon termination change. (1) A brief description and ln- of the employee s employment, inc'ndu g plant location of the areals) retaliated retirement or death, cr in the event that and the address of each regulated area.: tiie employer cea.-es business without a (li) The nmne(s) and other Identify successcr, records, or notarized tn;e ing Information as to the presence of copies thereof, shall be forwarded by 4.4 '-Methylene bis^-chloronuiline) in repkterc-d meil to the Director, each regulated area; (li) Records required by this para (ill) Tlie number ol emplovces In each graph shall be provided upon request to regulated area, during norma! op-nations authorized representatives of the Assist Including maintenance activities; and ant Secretary or the Director; and upon (tv) The manner in which 4,4'-Methyl- request of an employee or former cm- cT\i blsf2-cldoromiillne) la p:event in plojeo, to a physician designated by the each regulated area: e.g. whether It Is employee or to a new employer. hiamtfact-'ireiL processed, tt-.-ad. repack CiJ) Any physician who conducts a ed, released, stored, or otherwise medical examination required b7 this handled. paraymph shall furnish to the employer a statement of the employee's suitability for employment in the specific exposure. [FR DIW-7S-3C21 Filed 1-31-75:8:45 lua] DFPARTMENT OF TRANSPORTATION Federal Aviation Administration [ 14 CFR Part 71 ] (Airspace Docket No. 75-SO--5] TRANSITION AREA Proposed Alteration Tb.e Federal Aviation Administration Is considering an amendment to Fart 71 cf the Federal Aviation Regulations that would alter the Fdenton,.N.C,, transition arca. Iniitesled persons may submit such written d:-ta, views or arguments ns they may desire. Communications should be submitted in triplicate to tne Federal Aviation Administration, Southern Re gion. Air Traffic Division, P.O. Box 2 3G35, Atl'-ma. Gi. 20.720. All communlcsuons received on or before March 5, 1975. will be considered before acrion is cckrn on the proixiscci amenen-ient. No hearing Is contemplated at t'lis time, but arrange ments for informal conferences with Federal A',lotion Aoministrailon officials may be runic by contEcting tl's Chief. Airspace and Procedure,. Branch. Any cut a. views or arguments presented dur ing such c-jiif-i-rs-nces mud. also be submi:ted in vuring ir. accordance v. !`h this lic-iiee In order to become- pr-rt of tlie record for conridcration. The r-.c-r-ii.-al contained in this notice may be changed in light of commt-r.is received T7ic offlci.-.l docket will be available for examination by inu-rccicd persons at the Federal Aviation AdrmnLstraci-i". South ern Region, F.oora G-i5, 3495 Whlpplo Sc-ect, East Point. Ga. The Fdcnt-on transition area described In i Tl.itl (40 FR 441) would be amended as follows: " * * Liorth of the RBN * * *" vould deleted r.nd - * - north of the tCDK: a S.S-mlle radlu of I-iy;r.o-,ith Mu nicipal Alrpi tt il at. 35*1E'80" N, Let;;, ce'- 4-VSj-' Vf I: v..-'ha 3 r.dhs c-m-'-i side of the 2j5* c-c.-i.t.g t:v-a. 1.-rcufit 7:21C ::5'- 4C27" N^ T.attr. 74'45r30" V.'.}, cm.-iCLej from the e.S-r.iile radius fno to C- x ciilea eoutlv-vest or the EB\` * " would be iubatlouted ohtrtc.r. Tl'.e proposed alteration Is required to provide controlled airspace protection for tFTL operations at Plymouth Municipal Airport, A prescribed Instrument ap proach procedure to this airport, utiliz ing the- Plymouth (private) Nondircctional Radio Beacon, is proposed In con junction wiih the alteration of tills tran sition area. (Sec. 307(ai of the Federal Aviation Act of 1858 (49 U.SC. 1318(a)) and of tec. G(c) of the Department of Trarsportav-oa Act (49 VJS.C. 1855(c))) Issued In East Point, Ga., on Jauuary 23, 1975. Phillip M. Svva. ek, Direc tor, Southern Region, (FH Doc.75-2993 Filed 1-31-75:3:15 uml FEDERAl tcGISfE?., VOL 40, NO. 23--MONDAY, FE3K0ARY 3, 1975 OCC 6866