Construction and occupational safety and health standards: Roll-over protective structures; corrections and technical amendments,
[Federal Register: July 20, 2006 (Volume 71, Number 139)]
[Rules and Regulations]
[Page 41127-41161]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jy06-11]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1926 and 1928
[Docket No. S-270-A]
RIN 1218-AC15
Roll-Over Protective Structures
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Final rule; corrections and technical amendments.
SUMMARY: On December 29, 2005, OSHA published a direct final rule in the Federal Register reinstating its original construction and agriculture standards that regulate the testing of roll-over protective structures (``ROPS'') used to protect employees who operate wheel-type tractors. OSHA received one comment to the direct final rule; this comment recommended a number of clarifications to the original ROPS standards published in the direct final rule. In the present notice, the Agency is making corrections and technical amendments to the ROPS standards in response to this comment, as a result of editorial errors found in the ROPS standards published in the direct final rule, and to improve consistency among the figures generated for these standards. The Agency finds that these corrections and technical amendments do not change the substantive requirements of the ROPS standards.
DATES: The corrections and technical amendments specified by this rulemaking become effective on July 20, 2006.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Kevin Ropp, OSHA Office of Communications, Room N- 3647, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-1999.
General and technical information: Matthew Chibbaro, Acting Director, Office of Safety Systems, Directorate of Standards and Guidance, Occupational Safety and Health Administration, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-2255.
SUPPLEMENTARY INFORMATION: On December 29, 2005, OSHA published a direct final rule in the Federal Register reinstating its original construction and agriculture standards that regulate the testing of roll-over protective structures (``ROPS'') used to protect employees who operate wheel-type tractors (see 70 FR 76979). The Agency received only one public comment (Ex. 3-1) on the direct final rule, which it determined was not a significant adverse comment. The commenter recommended several clarifications to the ROPS standards published in the direct final rule.
The table below describes the clarifications recommended by the commenter who responded to the direct final rule, and OSHA's response to these recommendations. This response provides the Agency's rationale for accepting a recommendation or excluding it from further consideration. Accordingly, OSHA is making a number of corrections and technical amendments to the ROPS standards for construction (Sec. 1926.1002) and agriculture (Sec. Sec. 1928.52 and 1928.53) based on the commenter's recommendations.
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Recommendation
OSHA's response
Figure W-15:
05T needs to be 0.5T and OSHA added the decimal points 09T needs to be 0.9T
as recommended. However,
(50 DEG 5 instead of revising ``DEG'' to DEG) (1270 plus/minus 127 mm)
``INCHES,'' OSHA is replacing needs to be (50 inches plus/minus the entire caption with ``45 5 inches) (1270 plus/minus 127 mm). in. min. (1143 mm)'' to make
Path of travel should also this figure consistent with state center of tractor.
Figure C-10. Regarding the third recommendation, OSHA is adding a caption to the figure indicating the center of the tractor on the path of travel. For consistency, OSHA added this caption as well to Figure C-10. However, this caption applies only to the linear center of the tractor, which does not necessarily represent the tractor's center of gravity.
Figure W-16:
Under 1926.1002(i)(1)(i), Dimension OSHA is not making a change in D equals 2 inches (51 mm) inside response to this comment. of the frame upright to the
Dimension D represents the vertical centerline of the seat. minimum deflection from the However, because Dimension G is 24 true horizontal permitted inches (610 mm), Dimension D
during side-load testing, should be 12 inches (305 mm).
which must be at least 2 inches (51 mm). Dimension G is the minimum design limit for the width of a ROPS (i.e., the ROPS must have a width of at least 24 inches). Therefore, the dimensions in Figure W-16 are correct.
Figure W-17:
Under 1926.1002(i)(1)(i), Dimension OSHA is not making a change in F equals not less than 0 inches (0 response to this comment. mm) and not more than 12 inches Dimension F represents two (305 mm) measured at the
values: 12 inches is the pre- centerline of the seat backrest to load design dimension and 0 is the crossbar along the line of the maximum deflection load application. Clarify whether permitted during rear-load the distance between the seat
testing (i.e., the distance backrest and the frame cannot be between the two lines more than 12 inches after impact. circumscribed by Dimension F can be no greater than 12 inches during testing). Therefore, the dimensions in Figure W-17 are correct and clear.
Figure W-18:
Figure W-18 does not have any
OSHA is not making a change in dimension specifications or an response to this comment. The explanation of what it is and what figure legend states that the it does.
figure represents a method for measuring instantaneous deflection, which is explained in Sec. 1926.1002(g)(1)(ii) and (g)(2)(v).
Figure W-19:
08Lmax needs to be
OSHA added the decimal point as 0.8Lmax.
recommended. However, OSHA is
Load L, lb (kg) - Define not revising ``Load L, lb as L = static load, lb (kg).
(kg)'' or ``Deflection D, in.
Deflection D, in. (mm) - (mm)'' because these terms are Define as D = deflection under L, defined in the regulatory text in. (mm).
at Sec. 1926.1002(j)(3).
Figure W-20:
EU = OQD/12 ft-lb - Add an OSHA is not making a change in explanation that dividing by 12 response to this comment. OSHA converts [to] in-lb.
does not believe it is
Load L, lb (kg) - Define L necessary to specifically = static load, lb (kg).
explain that dividing by 12
Deflection D, in. (mm) - converts ft-lbs to in-lbs. See Define D = deflection under L, in. OSHA's response above for (mm).
Figure W-19 regarding the comment on defining ``Load L, lb (kg)'' and ``Deflection D, in. (mm).''
Figure W-21:
Add the weight of the pendulum OSHA is not making a change in (4,410 lbs (2,000 kg)) and the response to this comment height of the pendulum (18-22 ft because the information in the (5.5-6.7 m)) on the drawing.
figure is provided in Sec. 1926.1002(h)(1)(ii).
Figure W-24:
Correct the first notation OSHA is adding the decimal to read: H = 4.92 + 0.00190 W or points in the notation ``H = H' = 125 + 0.107 W'.
4.92 + 0.00190W or H' = 125 +
Correct the second
0.107W','' as well as notation to read: W = tractor
correcting the second notation weight as specified by 29 CFR
to read ``W = tractor weight 1926.1002(e)(1) and (e)(3), in lb. as specified by 29 CFR (W', kg).
1926.1002(e)(1) and (e)(3) in pounds (W' in kg).''
Figures C-2, C-3, C-8, C-9, C-13, C-14, C-15, C-16:
Define SRP as ``Seat Reference OSHA is not making a change in Point.''
response to this comment. Both 1928.52(d)(iv) and 1928.53(d)(iv) define this term, and OSHA believes these definitions are sufficient.
Figure C-4:
This drawing does not have any See OSHA's response above for dimension specifications or an Figure W-18. In this case, the explanation of what it is and what method is explained in Sec. it does.
Sec. 1928.52(d)(3)(i)(E) and 1928.53(d)(3)(i)(E).
Figure C-5:
Load L, lb (kg) - Define See OSHA's response above for as L = static load, lb (kg)
Figure W-19. In this case, the
Deflection D, in. (mm) - terms are defined in Sec. Define as D = deflection under L, Sec. 1928(d)(2)(ii) and in. (mm).
1928(d)(2)(ii).
Figure C-6:
Add the weight of the pendulum See OSHA's response above for (4,410 lbs (2,000 kg)) and the Figure W-21. In this case, the height of the pendulum (18-22 ft information is provided in (5.5-6.7 m)) on the drawing.
Sec. Sec. 1928.52(d)(3)(i)(B) and 1928.53(d)(3)(i)(B).
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Figure C-7:
The second notation should OSHA is substituting Figure W- read: W = tractor weight (see 29 24 for this figure, but is CFR 1928.51(a) in lb. (W', kg). correcting the notation in the
Clarify whether impact new figure to read ``W = energy is in ft-lbs x 1000 instead tractor weight as specified by of lb x 1000.
29 CFR 1928.51(a) in pounds (W' in kg).'' This correction clarifies that impact energy is in ft-lbs.
29 CFR 1928.53(d)(2)(ii):
Revise the notation to read W = OSHA is revising this notation Tractor weight (see 29 CFR
as recommended. 1928.51(a)) in lb (W' in kg).
Other corrections and technical amendments. In addition to the revisions described in the table above, OSHA carefully reviewed the direct final rule and found that several additional corrections should be made to the original ROPS standards published in the direct final rule. In this regard, the Agency is making the following two corrections to Sec. 1926.1002(h)(1)(v): Correcting the typographical error in the first sentence from ``f'' to ``of''; and, in the second sentence, correcting the reference to Figure W-23 to ``Figure W-18.''
A number of figures appear in the original ROPS standards. These figures are: W-14 through W-24 of Sec. 1926.1002; W-25 through W-28 of Sec. 1926.1003; C-1 through C-11 of Sec. 1928.52; and C-12 through C- 16 of Sec. 1928.53. After publishing the direct final rule for ROPS in the Federal Register (70 FR 76979), the Agency reproduced the figures in these ROPS standards using state-of-the-art computer-design technology to obtain images that are clearer and more comprehensible than the images used in the direct final rule. Therefore, OSHA is replacing the figures published in the direct final rule with these newly generated figures.
In the process of generating the new figures, the Agency made stylistic, editorial, and technical corrections to them. The following table describes the technical corrections made to the figures.
Figures
Correction
W-15.............................. Added the same legend as the legend to Figure C-10; added the caption ``CENTER OF TRACTOR'' as in Figure C-10. C-4............................... Replaced the legend with the legend to Figure W-18. C-5............................... Substituted Figure W-19 for this figure. C-6............................... Added the phrase ``PIN MARKING POSITION OF'' to the caption ``CENTER OF GRAVITY'' as in Figure W-21. C-7............................... Substituted Figure W-24 for this figure. C-8, C-15, and W-22............... Revised the caption addressing the beam under the tractor to read, ``BEAM CLAMPED IN FRONT OF BOTH REAR WHEELS AFTER ANCHORING, 6 IN. (15 CM) SQUARE.'' C-10.............................. Added the captions ``PATH OF TRAVEL'' and ``RAMP'' as in Figure W-15; added the phrase ``TEST TRACTOR'' to the caption ``REAR WHEEL TREAD'' as in Figure W-15.
Exemption from notice and comment procedures. OSHA has determined that the corrections and technical amendments made by this rulemaking are not subject to the procedures for public notice-and-comment rulemaking specified under Section 4 of the Administrative Procedure Act (5 U.S.C. 553), or Section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), because these corrections and technical amendments do not affect the substantive requirements or coverage of the ROPS standards for the construction and agriculture industries. This rulemaking does not modify or revoke existing rights and obligations, and new rights and obligations have not been established by this rulemaking. Under this rulemaking, the Agency is merely correcting or clarifying the existing regulatory requirements of the ROPS standards. Therefore, OSHA finds that public notice-and- comment procedures are unnecessary within the meaning of 5 U.S.C. 553(b)(3)(B) and Sec. 1911.5.
List of Subjects
29 CFR Part 1926
Construction industry, Motor vehicle safety, Occupational safety and health.
29 CFR Part 1928
Agriculture, Motor vehicle safety, Occupational safety and health.
Authority and Signature
This document was prepared under the direction of Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. The Agency is issuing this notice under the following authorities: Sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Section 3704 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 et seq.); Secretary of Labor's Order 5-2002 (67 FR 65008); and 29 CFR part 1911.
Signed at Washington, DC on July 12, 2006. Edwin G. Foulke, Jr., Assistant Secretary of Labor.
Amended Standards
0 Based on the explanations provided by the preamble to this document, OSHA is amending 29 CFR parts 1926 and 1928 as follows:
PART 1926--[AMENDED]
Subpart W--[Amended]
0 1. The authority citation for subpart W of part 1926 continues to read as follows:
Authority: Section 3704 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701); Sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); and 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 5-2002 (67 FR 65008), as applicable.
0 2. Revise paragraph (h)(1)(v) of Sec. 1926.1002 to read as follows:
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Sec. 1926.1002 Protective frames (roll-over protective structures, known as ROPS) for wheel-type agricultural and industrial tractors used in construction.
* * * * *
(h) * * *
(1) * * *
(v) Means shall be provided for indicating the maximum instantaneous deflection along the line of impact. A simple friction device is illustrated in Figure W-18. * * * * *
0 3. In Appendix A to subpart W, remove existing Figures W-14 through W- 28 and add in their place new Figures W-14 through W-28. [insert figures W-14 through W-28] * * * * *
PART 1928--[AMENDED]
Subpart C--[Amended]
0 4. The authority citation to part 1928 continues to read as follows: BILLING CODE 4510-26-P
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BILLING CODE 4510-26-C
Authority: Sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); and 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 5-2002 (67 FR 65008) as applicable; and 29 CFR part 1911.
Section 1928.21 also issued under Section 29, Hazardous Materials Transportation Uniform Safety Act of 1990 (Pub. L. 101- 615, 104 Stat. 3244 (49 U.S.C. 1801-1819 and 5 U.S.C. 553)).
0 5. Revise paragraph (d)(2)(ii) of Sec. 1928.53 to read as follows:
Sec. 1928.53 Protective enclosures for wheel-type agricultural tractors--test procedures and performance requirements.
* * * * *
(d) * * *
(2) * * *
(ii) The following definitions shall apply:
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W = Tractor weight (see 29 CFR 1928.51(a)) in lb (W ' in kg); Eis = Energy input to be absorbed during side loading in ft-lb (E 'is in J [joules]); Eis = 723 + 0.4 W (E 'is = 100 + 0.12 W '); Eir = Energy input to be absorbed during rear loading in ft-lb (E 'ir in J); Eir = 0.47 W (E 'ir = 0.14 W '); L = Static load, lbf [pounds force], (N) [newtons]; D = Deflection under L, in. (mm); L-D = Static load-deflection diagram; Lmax = Maximum observed static load; Load Limit = Point on a continuous L-D curve where the observed static load is 0.8 Lmax on the down slope of the curve (see Figure C-5); Eu = Strain energy absorbed by the protective enclosure in ft-lbs (J); area under the L-D curve; FER = Factor of energy ratio; FERis = Eu/Eis; and FERir = Eu/Eir. * * * * *
0 6. In Appendix B to subpart C, remove existing Figures C-1 through C-16 and add in their place new Figures C-1 through C-16. BILLING CODE 4510-26-P
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[FR Doc. 06-6327 Filed 7-19-06; 8:45 am]
BILLING CODE 4510-26-C
