[Federal Register Volume 60, Number 153 (Wednesday, August 9, 1995)]
[Rules and Regulations]
[Pages 40457-40458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19649]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. S-048]
Logging Operations
AGENCY: Occupational Safety and Health Administration, Labor.
ACTION: Extension of partial stay.
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SUMMARY: on October 12, 1994, OSHA published a final logging standard
providing protection for workers in logging operations (59 FR 51672).
The final rule (29 CFR 1910.266) had an effective date of February 9,
1995. On February 8, 1995, OSHA published a notice of a partial stay
for six-months, until August 9, 1995, of 12 provisions of the final
rule (60 FR 7447). This notice extends the partial stay of those 12
provisions for 30-days, until September 8, 1995.
EFFECTIVE DATE: The partial stay of enforcement will continue to be
effective until September 8, 1995. The remaining requirements of
Sec. 1910.266, which became effective on February 9, 1995, are
unaffected by this document.
FOR FURTHER INFORMATION CONTACT:
Mr. Rick Liblong, Office of Information and Consumer Affairs,
Occupational Safety and Health Administration, Room N-3637, U.S.
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210,
(202)-219-8148.
SUPPLEMENTARY INFORMATION:
Background
On October 12, 1994, OSHA published a final logging standard
providing protection for workers in logging operations (59 FR 51672).
The final rule (29 CFR 1910.266) had an effective date of February 9,
1995.
After the final rule was published, the Equipment Manufacturers
Institute (EMI), the Portable Power Equipment Manufacturers Association
(PPEMA), and Homelite, a manufacturer of chain saws, filed timely
petitions under section 6(f) of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.) seeking judicial review of the
standard. After the deadline for filing such petitions had passed, the
Associated California Loggers, the Associated Oregon Loggers, Inc., the
Montana Logging Association, and the Washington Contract Loggers
Association also filed objections to the final rule with OSHA.
These parties and organizations raised questions about certain
provisions of the final rule. After consideration of their questions,
OSHA published a Federal Register notice (60 FR 7447, Feb. 8, 1995)
staying 12 provisions of the standard for six-months, until August 9,
1995. The provisions OSHA stayed were: (d)(1)(v)--insofar as it
requires foot protection to be chain-saw resistant; (d)(1)(vii)--
insofar as it required face protection; (d)(2)(iii)--annual review and
approval of first-aid kits by a health care provider; (f)(2)(iv)--
machine operation on slopes; (f)(2)(xi)--machine shutdown procedures;
(f)(3)(ii)--ROPS specifications; (f)(3)(vii) and (viii)--machine cab
enclosures; (f)(7)(ii)--insofar as it requires machine parking brakes
to be able to stop a moving machine; (g)(1) and (2)--maintenance and
inspection requirements insofar as they apply to employee-owned
vehicles; (h)(2)(vii)--the backcut requirement insofar as it applies to
Humboldt cutting. The remaining requirements of 1910.266 were
unaffected by the partial stay and went into effect on February 9,
1995.
In the notice announcing the partial stay, OSHA said the six-month
delay of the 12 provisions would give the Agency time to clarify
language in the regulatory text and preamble so it most accurately
expressed the Agency's intent with respect to the provisions in
question and to provide additional information with regard to some of
the provisions. OSHA is extending the partial stay on the above listed
provisions for a 30-days, until September 8, 1995, in order to complete
its reconsideration of the issues, complete corrections and
clarifications in the regulatory text and preamble, and revise its
compliance directive to reflect those changes.
[[Page 40458]]
List of Subjects
29 CFR Part 1910
Chain saw, Forestry, Harvesting, Incorporation by reference,
Logging, Occupational safety and health, Pulpwood timber, Training
29 CFR Part 1928
Agriculture, Migrant labor, Occupational safety and health
Authority
This document was prepared under the direction of Joseph A. Dear,
Assistant Secretary of Labor for Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210
This action is taken pursuant to sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657),
Secretary of Labor's Order No. 1-90 (55 FR 9033) and 29 CFR part 1911.
Signed at Washington, DC, this 4th day of August, 1995.
Joseph A. Dear,
Assistant Secretary of Labor.
For the reasons set forth above, 29 CFR 1910 is hereby amended as
follows:
PART 1910--[AMENDED]
1. The authority citation for subpart R of part 1910 continues to
read as follows:
AUTHORITY: Secs. 4, 6, 8, Occupational Safety and Health Act of
1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71
(36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR
9033), as applicable.
Sections 1910.261, 1910.262, 1910.265, 1910.266, 1910.267,
1910.268, 1910.269, 1910.272, 1910.274 and 1910.275 also issued
under 29 CFR Part 1911.
Section 1910.272 also issued under 5 U.S.C. 553.
2. The note at the end of Sec. 1910.266, is revised to read as
follows:
Sec. 1910.266 Logging operations.
* * * * *
Note: In the Federal Register of August 9, 1995, OSHA extended
the stay of the following paragraphs of Sec. 1910.266 until
September 8, 1995. The remaining requirements of Sec. 1910.266,
which became effective on February 9, 1995, are unaffected by the
extension of the partial stay:
1. (d)(1)(v)--insofar as it requires foot protection to be
chain-saw resistant.
2. (d)(1)(vii)--insofar as it required face protection.
3. (d)(2)(iii).
4. (f)(2)(iv).
5. (f)(2)(xi).
6. (f)(3)(ii).
7. (f)(3)(vii).
8. (f)(3)(viii).
9. (f)(7)(ii)--insofar as it requires parking brakes to be able to
stop a moving machine.
10. (g)(1) and (g)(2) insofar as they require inspection and
maintenance of employee-owned vehicles.
11. (h)(2)(vii)--insofar as it precludes backcuts at the level of
the horizontal cut of the undercut when the Humboldt cutting method is
used.
[FR Doc. 95-19649 Filed 8-8-95; 8:45 am]
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