84 FR 72 pgs. 15102-15107 - Process Safety Management of Highly Hazardous Chemicals and Slings
Type: RULEVolume: 84Number: 72Pages: 15102 - 15107Pages: 15102, 15103, 15104, 15105, 15106, 15107
FR document: [FR Doc. 2019-07286 Filed 4-12-19; 8:45 am]
Agency: Labor Department
Sub Agency: Occupational Safety and Health Administration
Official PDF Version: PDF Version
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
Process Safety Management of Highly Hazardous Chemicals and Slings
Occupational Safety and Health Administration (OSHA), Labor.
Final rule; technical amendments.
OSHA is issuing technical amendments for minor corrections to the Process Safety Management of Highly Hazardous Chemicals and Slings standards.
Effective on April 15, 2019.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Frank Meilinger, Director, OSHA Office of Communications; telephone: (202) 693-1999; email: firstname.lastname@example.org.
General and technical information: Lisa Long, Director, Office of Engineering Safety, OSHA Directorate of Standards and Guidance; telephone: (202) 693-2222; email: email@example.com.
I. Summary and Explanation
Process Safety Management of Highly Hazardous Chemicals (§?1910.1119)
Appendix A of the Process Safety Management (PSM) standard (§?1910.1119) contains the "List of Highly Hazardous Chemicals, Toxics and Reactives." A typographical error was recently discovered in the Chemical Abstract Service ("CAS") number for the chemical "Methyl Vinyl Ketone." The published version of the standard incorrectly lists the CAS number as "79-84-4;" the correct CAS number is "78-94-4." The error first appears in the proposed rule of the standard (55 FR 29167, July 17, 1990). It should be noted that the incorrect CAS number, "79-84-4," is not a valid CAS number and does not represent a different chemical. The error is that the numerals eight and nine of the CAS number for methyl vinyl ketone were accidentally switched when publishing the proposed rule. That error was repeated in the final rule (57 FR 6407, Feb. 24, 1991).
OSHA is correcting 29 CFR 1910.119 Process Safety Management of Highly Hazardous Chemicals to correct the CAS number for methyl vinyl ketone in Appendix A of the standard.
On June 8, 2011, OSHA updated its standards regulating slings for general industry (§?1910.184); shipyard employment (§§?1915.112, 1915.113, and 1915.118), and construction (§?1926.251). Modifications to these standards included removal of previous load capacity tables (§?1910.184, tables N-184-1, N-184-3 through N-184-22; and G-1 through G-5, G-7, G-8, and G-10) and references to these tables (§?1915.112; §?1915.113; and §?1926.251; tables H-1 and H-3 through H-19). The updated rule now requires employers to use slings with permanently affixed identification markings that depict the maximum load capacity. The final rule also provides similar protection for shackles in §§?1915.113 and 1926.251.
OSHA is correcting 29 CFR 1910.184 Slings to restore two figures, Figure N-184-4 and Figure N-184-5,that were inadvertently removed by amendments published on June 8, 2011 (76 FR 33590; effective July 8, 2011). Figure N-184-4 shows the basic sling configurations with vertical legs. Figure N-184-5 shows the basic sling configurations with angled legs. Both of these figures are referenced in section (b) definitions of the standard and should not have been removed.
II. Exemption From Notice-and-Comment Procedures
OSHA determined that this rulemaking is not subject to the procedures for public notice and comment specified in Section 4 of the Administrative Procedures Act (5 U.S.C. 553), Section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), and 29 CFR 1911.5. This rulemaking only corrects a minor typographical error and the erroneous deletion of illustrative figures and does not affect or change any existing rights or obligations. No stakeholder is likely to object to these corrections. Therefore, the agency finds good cause that public notice and comment are unnecessary within the meaning of 5 U.S.C. 553(b)(3)(B), 29 U.S.C. 655(b), and 29 CFR 1911.5.
List of Subjects in 29 CFR Part 1910
Process Safety Management of Highly Hazardous Chemicals; Slings.
Authority and Signature
Loren Sweatt, Acting Assistant Secretary of Labor for Occupational Safety and Health, authorized the preparation of this document pursuant to 29 U.S.C. 653,655, and 657, Secretary's Order 1-2012 (77 FR 3912; Jan. 25, 2012), and 29 CFR part 1911.
Signed at Washington, DC, on April 4, 2019.
Acting Assistant Secretary of Labor for Occupational Safety and Health.
Accordingly, OSHA is correcting 29 CFR part 1910 with the following technical amendments:
PART 1910-OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Subpart H-Hazardous Materials
1. The authority citation for subpart H of part 1910 continues to read as follows:
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. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), or 5-2007 (72 FR 31159), 4-2010 (75 FR 55355) or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.Sections 1910.103, 1910.106 through 1910.111, and 1910.119, 1910.120, and 1910.122 through 1910.126 also issued under 29 CFR part 1911.
Section 1910.119 also issued under Section 304, Clean Air Act Amendments of 1990 (Pub. L. 101-549), reprinted at 29 U.S.C.A. 655 Note.Section 1910.120 also issued under Section 126, Superfund Amendments and Reauthorization Act of 1986 as amended (29 U.S.C.A. 655 Note), and 5 U.S.C. 553.
2. In §?1910.119, revise appendix A to read as follows:
§?1910.119 Process safety management of highly hazardous chemicals.
Appendix A to §?1910.119-List of Highly Hazardous Chemicals, Toxics and Reactives (Mandatory)
[top] This appendix contains a listing of toxic and reactive highly hazardous chemicals which present a potential for a catastrophic event at or above the threshold quantity.
|Ammonia solutions (>44% ammonia by weight)||7664-41-7||15000|
|Arsine (also called Arsenic Hydride)||7784-42-1||100|
|3-Bromopropyne (also called Propargyl Bromide)||106-96-7||100|
|Butyl Hydroperoxide (Tertiary)||75-91-2||5000|
|Butyl Perbenzoate (Tertiary)||614-45-9||7500|
|Carbonyl Chloride (see Phosgene)||75-44-5||100|
|Cellulose Nitrate (concentration >12.6% nitrogen)||9004-70-0||2500|
|Chlorodiethylaluminum (also called Diethylaluminum Chloride)||96-10-6||5000|
|Chloromethyl Methyl Ether||107-30-2||500|
|Chloropicrin and Methyl Bromide mixture||None||1500|
|Chloropicrin and Methyl Chloride mixture||None||1500|
|Diacetyl Peroxide (Concentration >70%)||110-22-5||5000|
|Dibutyl Peroxide (Tertiary)||110-05-4||5000|
|Ethyl Methyl Ketone Peroxide (also Methyl Ethyl Ketone Peroxide; concentration >60%)||1338-23-4||5000|
|Hydrochloric Acid, Anhydrous||7647-01-0||5000|
|Hydrofluoric Acid, Anhydrous||7664-39-3||1000|
|Hydrogen Cyanide, Anhydrous||74-90-8||1000|
|Hydrogen Peroxide (52% by weight or greater)||7722-84-1||7500|
|Methyl Ethyl Ketone Peroxide (concentration >60%)||1338-23-4||5000|
|Methyl Vinyl Ketone||78-94-4||100|
|Nickel Carbonly (Nickel Tetracarbonyl)||13463-39-3||150|
|Nitric Acid (94.5% by weight or greater)||7697-37-2||500|
|Nitroaniline (para Nitroaniline||100-01-6||5000|
|Nitrogen Oxides (NO; NO 2 ; N204; N203)||10102-44-0||250|
|Nitrogen Tetroxide (also called Nitrogen Peroxide)||10544-72-6||250|
|Oleum (65% to 80% by weight; also called Fuming Sulfuric Acid)||8014-95-7||1,000|
|Oxygen Difluoride (Fluorine Monoxide)||7783-41-7||100|
|Peracetic Acid (concentration >60% Acetic Acid; also called Peroxyacetic Acid)||79-21-0||1000|
|Perchloric Acid (concentration >60% by weight)||7601-90-3||5000|
|Peroxyacetic Acid (concentration >60% Acetic Acid; also called Peracetic Acid)||79-21-0||1000|
|Phosgene (also called Carbonyl Chloride)||75-44-5||100|
|Phosphine (Hydrogen Phosphide)||7803-51-2||100|
|Phosphorus Oxychloride (also called Phosphoryl Chloride)||10025-87-3||1000|
|Phosphoryl Chloride (also called Phosphorus Oxychloride)||10025-87-3||1000|
|Stibine (Antimony Hydride)||7803-52-3||500|
|Sulfur Dioxide (liquid)||7446-09-5||1000|
|Sulfur Trioxide (also called Sulfuric Anhydride)||7446-11-9||1000|
|Sulfuric Anhydride (also called Sulfur Trioxide)||7446-11-9||1000|
|Trichloro (chloromethyl) Silane||1558-25-4||100|
|Trichloro (dichlorophenyl) Silane||27137-85-5||2500|
|*?Chemical Abstract Service Number.|
|**?Threshold Quantity in Pounds (Amount necessary to be covered by this standard).|
Subpart N-Materials Handling and Storage
3. The authority citation for subpart N of part 1910 continues to read as follows:
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), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.
4. In §?1910.184, add Figures N-184-4 and N-184-5 immediately after Figure N-184-3 to read as follows:
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[FR Doc. 2019-07286 Filed 4-12-19; 8:45 am]
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