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DOL/OSHA

RIN: 1218-AB55

Publication ID: Spring 1997

Title: Revision of Certain Standards Promulgated Under Section 6(a) of the Williams-Steiger Occupational Safety and Health Act of 1970
Abstract: The Occupational Safety and Health Administration (OSHA) adopted its initial package of workplace safety and health standards from various nationally recognized consensus standards and from standards that had already been promulgated by other Federal agencies. These standards reflected technologies that were current at the time the Williams-Steiger Occupational Safety and Health Act of 1970 (the Act) became law. Section 6(a) of the Act permitted OSHA to adopt nationally recognized consensus standards, developed by groups such as the National Fire Protection Association (NFPA) and the American National Standards Institute (ANSI), and existing Federal standards for use as OSHA standards without public participation or public comment. OSHA refers to the standards it adopted under section 6(a) of the Act as "6(a) standards." Since their adoption, many of these 6(a) standards have been identified by the regulated community as being overly complex, difficult to read and follow, and out of date with current technology. ^PThis project is part of a Presidential initiative to respond to the general criticism concerning the complexity and obsolescence of certain Federal regulations. OSHA believes that some of the Agency's section 6(a) standards in subpart E and subpart H of part 1910 meet the criteria for critical review set forth in the Presidential initiative. OSHA has identified the means of egress standard from subpart E and two standards from subpart H that need to be revised and updated to eliminate their complexity and obsolescence. These standards include 29 CFR 1910, subpart E - Means of Egress, 29 CFR 1910.107, Spray Finishing using flammable and combustible materials; and 29 CFR 1910.108, Dip Tanks Containing flammable or combustible materials. ^PWith this project, OSHA is initiating three separate rulemakings that will revise and update three of OSHA's most complex and out-of-date section 6(a) standards. These specific sections address means of egress (exit routes), spray finishing using flammable and combustible liquids; and dip tanks containing flammable and combustible liquids. The regulations contained in 29 CFR 1910.35 through 1910.38, 1910.107, and 1910.108 have long been noted by labor, management, and government for their complexity, duplicative nature, and obsolescence. 29 CFR 1910.107 and 1910.108 also contain substantive ventilation requirements that are duplicative with ventilation requirements contained in 29 CFR 1910.94, paragraphs (c) and (d). ^POSHA intends to issue two separate proposals individually addressing 29 CFR 1910.107 and 1910.94(c); 29 CFR 1910.108 and 1910.94(d); and continue work on a final rule for means of egress 29 CFR 1910.35 through 1910.38 The purpose of these rulemakings will be to solicit public participation in the revision and updating of these standards to current levels of technology. It is also the purpose of the rulemakings to eliminate the complexity, duplicative nature, and obsolescence of the current existing standards and to write them in "plain language," as directed by the President's report.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 29 CFR 1910.106 29 CFR 1910.107 29 CFR 1910.108 29 CFR 1910.94(c) 29 CFR 1910.94(d) 29 CFR 1910.35 29 CFR 1910.36 29 CFR 1910.37 29 CFR 1910.38
Legal Authority: 29 USC 655(b) 5 USC 553

Timetable:

Action	Date	FR Cite
NPRM Exit Routes (Means of Egress)	09/10/1996	61 FR 47712
Notice of Informal Public Hearing on Exit Routes	03/03/1997	62 FR 9402
NPRM Hearing on Exit Routes	04/00/1997
NPRM Dip Tanks	06/00/1997
NPRM Spray Finishing	06/00/1997

Additional Information: Means of Egress, 29 CFR 1910 subpart E, Spray Finishing Using Flammable and Combustible Materials, 29 CFR 1910.107, Dip Tanks Containing Flammable and Combustible Liquids, 29 CFR 1910.108 are three standards selected for revision and updating under a Presidential Initiative to revise and update outdated, duplicative, or obsolete federal regulations. They will also be formatted to make them easier to read. 29 CFR 1910.94(c) will be combined with 29 CFR 1910.107 to eliminate duplicative standards, as will 29 CFR 1910.94(d) and 29 CFR 1910.108. Flammable and Combustible Liquids, 1910.106, has been moved to RIN 1218-AB61.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Undetermined
Included in the Regulatory Plan: Yes
Agency Contact: John F. Martonik Evaluation Department of Labor Occupational Safety and Health Administration Room N3641, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone:202 693-2043 Fax:202 693-1641 Email: john.martonik@osha.gov