98-16643. Notice of Public Meeting on Review of the Grain Handling Facilities Standard

[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Proposed Rules]
[Pages 34139-34140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16643]



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. H-117-C]


Notice of Public Meeting on Review of the Grain Handling 
Facilities Standard

AGENCY: Occupational Safety and Health Administration, U.S. Department 
of Labor.

ACTION: Notice of public meeting.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is 
conducting a review of the Grain Handling Standard in order to 
determine, consistent with Executive Order 12866 on Regulatory Planning 
and Review and Section 610 of the Regulatory Flexibility Act, whether 
this standard should be maintained without change, rescinded, or 
modified in order to make it more effective or less burdensome in 
achieving its objectives, to bring it into better alignment with the 
objectives of Executive Order 12866, or to make it consistent with the 
objectives of the Regulatory Flexibility Act to achieve regulatory 
goals while imposing as few burdens as possible on small employers. Any 
revisions to the standard must be consistent with the Occupational 
Safety and Health Act, which requires employers to provide employees 
with a safe and healthy workplace.
    Written public comments on all aspects of compliance with the Grain 
Handling Standard are welcomed. OSHA will also hold two stakeholder 
meetings to provide opportunities for interested parties to comment on 
whether the Grain Handling Standard should be eliminated, modified, or 
continued without exchange to achieve the objectives described above.

DATES: There will be two public meetings. The first public meeting will 
be held on July 28, 1998 in Chicago, Illinois. The second public 
meeting will be held on July 31, 1998 in Washington, D.C. Both meetings 
will begin at 9:00 a.m. and are scheduled to end at 5:30 p.m. Written 
comments should be submitted in quadruplicate to the OSHA Docket Office 
at the address given below. The deadline for submitting written 
comments is August 31, 1998.

ADDRESSES: The first public meeting will be held in the State of 
Illinois Building, 160 N. LaSalle, Chicago, Illinois, and the second 
will be held in the Frances Perkin Building, 200 Constitution Avenue, 
N.W., Washington, D.C.
    Requests to Appear: OSHA requests that any person wishing to speak 
at the public meetings notify OSHA in writing. To assure that time is 
provided for oral comments, the request should be received by OSHA no 
later than July 21 for the meeting in Chicago, Illinois, and July 24, 
1998 for the Washington, D.C. meeting and should identify the person 
and/or organization intending to appear, desired date of appearance, 
address and phone/fax number, the amount of time requested, audiovisual 
equipment required, and a brief summary of the comments to be 
presented. Please send written requests to appear to Tom Mockler at the 
following address: Office of Regulatory Analysis, Directorate of 
Policy, Occupational Safety and Health Administration, Room N3627, 200 
Constitution Avenue, N.W., Washington, D.C. 20210, Telephone (202) 219-
4916, extension 136, Fax [phone]. Persons making timely written 
requests to speak at a public meeting will be given priority for oral 
comments, as time permits. Other persons wishing to speak should 
register at the meetings from 8:30 to 9:00. OSHA will make every effort 
to accommodate individuals wishing to speak at the public meetings.
    Written Comments: OSHA welcomes the submission of written public 
comments on all aspects of the Grain Handling Standard. OSHA will 
review written public comments as part of the process of conducting 
this regulatory review of the Grain Handling Standard. All comments 
received will be received in Docket H-117-C and will be available for 
public review in the Docket Office at the address given below.
    Written comments on the Grain Handling Standard should be submitted 
in quadruplicate to Elaine Bynum, Docket Officer, Docket No. H-117-C, 
OSHA Docket Office, Room N2625, 200 Constitution Avenue, N.W., 
Washington, D.C. 20210, Telephone [phone], Fax [phone]. 
Comments 10 pages or fewer may be faxed to [phone] as long as 
paper copies are subsequently sent. The deadline for submitting written 
comments is August 31, 1998.

FOR FURTHER INFORMATION CONTACT: Tom Mockler, Office of Regulatory 
Analysis, Directorate of Policy, Occupational Safety and Health 
Administration, Room N3627, 200 Constitution Avenue, N.W., Washington, 
D.C. 20210, Telephone [phone], extension 136, Fax (202) 219-
4383.

SUPPLEMENTARY INFORMATION: In 1987, OSHA promulgated the Grain Handling 
Standard (29 CFR 1910.272) (52 FR 49592, December 1, 1987). The 
standard applies to grain handling facilities in general industry and 
at marine terminals under 29 CFR Parts 1910 and 1917. It does not cover 
construction, shipyards, or agriculture. The standard addresses 
practices, procedures and equipment that are necessary to protect 
workers from fires, grain dust explosions, and other safety hazards 
associated with grain handling facilities.
    The Grain Handling Standard requires that employers with grain 
handling operations utilize a multi-faceted approach to minimize the 
hazards associated with such operations. This entails the development 
of an emergency action plan, training for employees, permit procedures 
where hot work is performed, special procedures for entry into grain 
storage structures and flat storage structures, coordination with 
contractors, housekeeping requirements to minimize the accumulation of 
dust, requirements for filter collectors on pneumatic dust collection 
systems, requirements on grate openings for receiving pits, 
requirements for preventive maintenance, requirements for grain stream 
processing equipment, provisions for emergency escape, requirements for 
continuous-flow bulk raw grain dryers, and requirements for inside 
bucket elevators. These provisions are intended to minimize the 
possibility of igniting existing grain dust, to reduce the amount of 
grain dust present, or to minimize other risks such as the threat of 
engulfment to individuals who enter grain storage structures.
    OSHA estimated in the Final Regulatory Impact Analysis for the 
Grain Handling Standard that the rule would prevent 18 fatalities and 
394 injuries annually. OSHA also estimated that the standard would have 
annual costs of between $41 and $69 million (52 FR 49622; Dec. 1, 
1987).
    In a supplemental rulemaking in 1996 (61 FR 9578, March 8, 1996), 
the Agency modified the language of the standard to clarify its intent 
that certain employee protections be provided in all grain storage 
structures, regardless of their dimensions. This amendment was expected 
to have little or no impact on any grain elevators, regardless of size 
(61 FR 9583; March 8, 1996).
    At the present time, OSHA has selected the Grain Handling Standard 
for review in accordance with the regulatorry review provisions at 
Section 5 of Executive Order 12866 (58 FR 51735, 51739, Oct. 4, 1993) 
and Section 610 of the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). The purpose of the review is to determine whether the standard 
should be continued without

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change, rescinded, or amended to make it more effective or less 
burdensome in achieving its objectives, to bring it into better 
alignment with the objectives of Executive Order 12866, or to make it 
more consistent with the objectives of the Regulatory Flexibility Act 
to achieve regulatory goals while imposing as little burden as possible 
on small employers. In the event the Agency determines, based on the 
results of this review, that the rule should be rescinded or modified, 
appropriate rulemaking will be initiated.
    An important step in the review process involves the gathering and 
analysis of information from affected persons about their experience 
with the rule and any material changes in circumstances since issuance 
of the rule. This notice requests written comments and announces public 
meetings to provide opportunities for interested parties to comment on 
the continuing need for, adequacy or inadequacy of, and small business 
impacts of this rule. Comment concerning the following subjects would 
assist the Agency in determing whether to retain the standard unchanged 
or to initiate rulemaking for purposes of revision or rescission:
    1. The benefits and utility of the rule in its current form and, if 
amended, in its amended form;
    2. The continued need for the rule;
    3. The complexity of the rule;
    4. Whether and to what extent the rule overlaps, duplicates, or 
conflicts with other Federal, State, and local governmental rules;
    5. Information of any new developments in technology, economic 
conditions, or other factors affecting the ability of affected firms to 
comply with the Grain Handling standard; and
    6. Alternatives to the rule or portions of the rule that would 
minimize significant impacts on small businesses while achieving the 
objectives of the Occupational Safety and Health Act.

    Authority: This document was prepared under the direction of 
Charles N. Jeffress, Assistant Secretary of Labor for Occupational 
Safety and Health, 200 Constitution Avenue, N.W., Washington, D.C. 
20210.

    Signed at Washington, D.C., this 15th day of June, 1998.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 98-16643 Filed 6-22-98; 8:45 am]
BILLING CODE 4510-26-M