[Federal Register: October 17, 2006 (Volume 71, Number 200)]
[Rules and Regulations]
[Page 60843-60847]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc06-16]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1915
[Docket No. S-051A]
RIN 1218-AC16
Updating National Consensus Standards in OSHA's Standard for Fire
Protection in Shipyard Employment.
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Direct final rule.
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SUMMARY: On September 15, 2004, the Occupational Safety and Health
Administration (OSHA) promulgated a new fire protection rule for
shipyard employment that incorporated by reference 19 National Fire
Protection Association (NFPA) standards. Ten of those NFPA standards
had been updated by NFPA since the fire protection rule was proposed
and an additional NFPA standard has been updated since the final rule
was published. In this direct final rule, OSHA is replacing the
references to those eleven NFPA standards by adding the most recent
versions.
DATES: This direct final rule will become effective on January 16, 2007
unless significant adverse comment is received by November 16, 2006. If
significant adverse comment is received, OSHA will publish a timely
withdrawal of this rule. The incorporation by reference of certain
publications listed in this rule is approved by the Director of the
Federal Register as of January 16, 2007.
Comments to this direct final rule must be submitted by the
following dates: Hard copy: Your comments must be submitted (postmarked
or sent) by November 16, 2006. Electronic transmission and facsimile:
Your comments must be sent by November 16, 2006.
ADDRESSES: You may submit written comments to this direct final rule--
identified by docket number S-051A or RIN number 1218-AC16--by any of
the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
OSHA Web site: http://ecomments.osha.gov. Follow the
instructions for submitting comments on OSHA's web page.
Fax: If your written comments are 10 pages or fewer, you
may fax them to the OSHA Docket Office at (202) 693-1648.
Regular mail, express delivery, hand delivery, and courier
service: Submit three copies to the OSHA Docket Office, Docket No. S-
051A, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-
2625, Washington, DC 20210; telephone (202) 693-2350. (OSHA's TTY
number is (877) 889-5627). OSHA Docket Office hours of operation are
8:15 a.m. to 4:45 p.m., EST.
FOR FURTHER INFORMATION: For general information and press inquiries,
contact Kevin Ropp, Director, OSHA Office of Communications, Room N-
3647, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone: (202) 693-1999. For technical
inquiries, contact Jim Maddux, Director, Office of Maritime,
Directorate of Standards and Guidance, Room N-3609, OSHA, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone: (202) 693-2086 or fax (202) 693-1663. Copies of this
Federal Register notice are available from the OSHA Office of
Publications, Room N-3101, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone: (202) 693-1888.
Electronic copies of this Federal Register notice, as well as news
releases and other relevant documents, are available at OSHA's Web page
at http://www.osha.gov.
For access to the docket to read background documents or comments
received, go to http://dockets.osha.gov. Contact the OSHA Docket Office
for information about materials not available through the OSHA Web page
and for assistance in using the Web page to locate docket submissions.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Request for Comment
II. Direct Final Rulemaking
III. Discussion of Changes
IV. Legal Considerations
V. Final Economic Analysis and Regulatory Flexibility Act
Certification
VI. Paperwork Reduction Act
[[Page 60844]]
VII. Federalism
VIII. State Plan States
IX. Unfunded Mandates Reform Act
X. List of Subjects for 29 CFR Part 1915
XI. Authority and Signature
I. Request for Comment
OSHA requests comments on all issues related to this action. OSHA
also welcomes comments on the Agency's findings that there are not
negative economic or other regulatory impacts of this action on the
regulated community. If OSHA receives no significant adverse comment,
OSHA will publish a Federal Register document confirming the effective
date of this direct final rule and withdrawing the companion proposed
rule published in the Proposed Rules section of today's Federal
Register. Such confirmation may include minor stylistic or technical
changes to the document.
Comments received will be posted without change to http://dockets.osha.gov
, including any personal information provided. OSHA
cautions you about submitting personal information such as social
security numbers and birth dates.
II. Direct Final Rulemaking
In direct final rulemaking, an agency publishes a final rule in the
Federal Register with a statement that the rule will go into effect
unless a significant adverse comment is received within a specified
period of time. An identical proposed rule is often published at the
same time. If no significant adverse comments are submitted, the rule
goes into effect. If any significant adverse comments are received, the
agency withdraws the direct final rule and treats the comments as
responses to the proposed rule. Direct final rulemaking is used where
an agency anticipates that a rule will not be controversial. Examples
include minor substantive changes to regulations updating incorporated
references to the latest edition of national consensus standards, and
direct incorporations of mandates from new legislation.
For purposes of this direct final rulemaking, a significant adverse
comment is one that explains why the rule would be inappropriate,
including challenges to the rule's underlying premise or approach. In
determining whether a comment necessitates withdrawal of the direct
final rule, OSHA will consider whether the comment raises an issue
serious enough to warrant a substantive response in a notice-and-
comment process. A comment recommending additional changes will not be
considered a significant adverse comment unless the comment states why
the direct final rule would be ineffective without the addition. If a
timely significant adverse comment is received, the Agency will publish
a notice of significant adverse comment in the Federal Register
withdrawing this direct final rule no later than January 16, 2007.
OSHA is also publishing today a companion proposed rule, which is
identical to this direct final rule. In the event the direct final rule
is withdrawn because of significant adverse comment, OSHA intends to
proceed with the rulemaking by addressing the comment(s) and publishing
a new final rule. If a significant adverse comment is received
regarding certain revisions included in this direct final rule, but not
others, OSHA may (1) Finalize those changes that did not receive
significant adverse comment, and (2) conduct further rulemaking under
the companion proposed rule for the changes that did receive
significant adverse comment. The comment period for the proposed rule
runs concurrently with that of the direct final rule. Any comments
received under the companion proposed rule will be treated as comments
regarding the direct final rule. Likewise, significant adverse comments
submitted to the direct final rule will be considered as comments to
the companion proposed rule; the Agency will consider such comments in
developing a subsequent final rule.
OSHA has determined that the subject of this rulemaking is suitable
for direct final rulemaking. This direct final rule will enhance OSHA's
fire protection in shipyard standard by adding the most current NFPA
consensus standards to the OSHA standard. OSHA's changes will benefit
the safety of employees by requiring employers to comply with the newer
standards, which may be even more protective than the older standards.
Furthermore, OSHA's changes will not result in additional compliance
costs. OSHA does not anticipate any objections to this direct final
rule.
III. Discussion of Changes
On September 15, 2004, OSHA issued a new fire protection final rule
for shipyard employment that incorporated by reference 19 National Fire
Protection Association (NFPA) standards (69 FR 55667). The purpose of
this direct final rule is to add ten recently updated NFPA standards to
the standard for fire protection in shipyard employment. The 10 NFPA
standards are new versions of 11 NFPA standards currently in OSHA's
standard. The reason there are only 10 is because the NFPA combined two
of its standards, NFPA 11-1998 and NFPA 11A-1999, into the NFPA 11-2002
standard covering foam fire extinguishing systems. This direct final
rule replaces the 11 older NFPA standards with the 10 newer NFPA
standards.
Table I lists the older NFPA standards incorporated by reference in
the fire protection in shipyard employment standard, and lists the
sections in the standard in which these NFPA standards are referenced.
It also lists the latest versions of the NFPA standards to be added to
the standard for fire protection in shipyard employment through this
direct final rule.
Table I
----------------------------------------------------------------------------------------------------------------
NFPA standards
Section Paragraph incorporated by reference Latest version of NFPA
in 29 CFR part 1915 standard
----------------------------------------------------------------------------------------------------------------
1915.505 Fire Response............ (e)(3)(v)............ NFPA 1981-1997 Standard on NFPA 1981-2002 Standard
Open-Circuit Self- on Open-Circuit Self-
Contained Breathing Contained Breathing
Apparatus for the Fire Apparatus for Fire and
Service. Emergency Services (Ex.
1-1).
1915.507 Land-side fire protection (b)(1), (b)(2)....... NFPA 10-1998 Standard for NFPA 10-2002 Standard for
systems. Portable Fire Portable Fire
Extinguishers. Extinguishers (Ex. 1-2).
(c)(6)............... NFPA 72-1999 National Fire NFPA 72-2002 National
Alarm Code. Fire Alarm Code (Ex. 1-
3).
(b)(2), (d)(1)....... NFPA 14-2000 Standard for NFPA 14-2003 Standard for
the Installation of the Installation of
Standpipe, Private Standpipe and Hose
Hydrant, and Hose Systems. Systems (Ex. 1-4).
(d)(2)............... NFPA 13-1999 Standard for NFPA 13-2002 Standard for
the Installation of the Installation of
Sprinkler Systems. Sprinkler Systems (Ex.1-
5).
[[Page 60845]]
NFPA 750-2000 Standard on NFPA 750-2003 Standard on
Water Mist Fire Water Mist Fire
Protection Systems. Protection Systems (Ex.
1-6).
(d)(3)............... NFPA 11-1998 Standard for NFPA 11-2005 Standard for
Low-Expansion Foam. Low-, Medium-, and High-
Expansion Foam (Ex. 1-
7).
NFPA 11A-1999 Standard for
Medium- and High-
Expansion Foam Systems.
(d)(5)............... NFPA 12A-1997 Standard on NFPA 12A-2004 Standard on
Halon 1301 Fire Halon 1301 Fire
Extinguishing Systems. Extinguishing Systems
(Ex. 1-8).
NFPA 2001-2000 Standard on NFPA 2001-2004 Standard
Clean Agent Fire on Clean Agent Fire
Extinguishing Systems. Extinguishing Systems
(Ex. 1-9).
NFPA 12-2000 Standard on NFPA 12-2005 Standard on
Carbon Dioxide Carbon Dioxide
Extinguishing Systems. Extinguishing Systems.
----------------------------------------------------------------------------------------------------------------
OSHA has examined the latest versions of the NFPA standards and
compared them with the versions currently referenced in the fire
protection in shipyard employment standard. OSHA finds that the latest
versions are as protective on the whole, and in certain ways more
protective, than the earlier versions of the same NFPA standards. The
latest versions are also more comprehensive than the earlier versions
and reflect recent developments in safety technology, equipment, and
testing. The changes to the NFPA standards include:
Standard on Open-Circuit Self-Contained Breathing
Apparatus for Fire and Emergency Services--NFPA 1981-2002 has been
revised to add requirements for heads-up displays (HUD) that provide
the user of a self-contained breathing apparatus (SCBA) with
information regarding breathing air supply status, alert the user when
the breathing air supply is at 50 percent of full, and, where the HUD
is powered by battery power source, warn the user when the HUD only has
2 more hours of battery power. The updated standard also includes new
requirements for a Rapid Intervention Company/Crew (RIC) Universal Air
Connection (UAC) (or RIC UAC) on all new SCBA. The RIC UAC is a
standard connection device that allows a rescue breathing air supply to
be joined to the SCBA of a victim, fire fighter or other emergency
services responder to replenish the breathing air in the SCBA breathing
air cylinder when the victim cannot be rapidly moved to a safe
atmosphere. (Ex. 1-1).
Standard for Low-, Medium-, and High-Expansion Foam--NFPA
11-2005 has been revised to combine the older NFPA 11 low-expansion
foam system requirements with the older NFPA 11A medium- and high-
expansion foam provisions. (Ex.1-7).
Standard for Portable Fire Extinguishers--NFPA 10-2002 has
been revised to prohibit ``extended wand-type'' discharge devices on
Class K--fire extinguishers manufactured after 01/01/2002. (Class ``K''
extinguishers are used for ``combustible cooking media'' fire hazards
in commercial kitchens.) The new version of NFPA 10 allows the use of
electronic equipment to monitor the status of portable fire
extinguishers an alternative that may be more effective and efficient
than manual monitoring (Ex. 1-2).
National Fire Alarm Code--NFPA 72-2002 has been updated to
revise fire alarm power supply requirements, to improve the
survivability of fire alarms from attack by fire, and to improve the
``supervising stations'' used in larger fire alarm systems. (Ex. 1-3).
Standard for the Installation of Sprinkler Systems--NFPA
13-2002 has been updated to add the sprinkler installation requirements
found in other NFPA standards, to include criteria for solid shelf
storage areas, and to make the standard easier for users to reference.
(Ex. 1-5).
The remaining NFPA standards have been updated to make minor
technical and editorial changes and to improve readability by
formatting them into a standard layout.
IV. Legal Considerations
The purpose of the Occupational Safety and Health Act of 1970, 29
U.S.C. 651 et seq., is ``to assure so far as possible every working man
and woman in the Nation safe and healthful working conditions and to
preserve our human resources.'' 29 U.S.C. 651(b). To achieve this goal,
Congress authorized the Secretary of Labor to promulgate and enforce
occupational safety and health standards. 29 U.S.C. 655(b), 654(b). A
safety or health standard is a standard ``which requires conditions, or
the adoption or use of one or more practices, means, methods,
operations, or processes, reasonably necessary or appropriate to
provide safe or healthful employment and places of employment.'' 29
U.S.C. 652(8). A standard is reasonably necessary or appropriate within
the meaning of section 652(8) if, among other things, a significant
risk of material harm exists in the workplace and the proposed standard
would substantially reduce or eliminate that workplace risk.
This direct final rule, which addresses the hazard of fire in
shipyard employment, may enhance the employee protections currently in
place through incorporated references to NFPA consensus standards. In
its final rule on fire protection in shipyard employment, OSHA
discussed injuries and fatalities that may result from fire hazards in
shipyards, and the potential for reducing those injuries and deaths
through adoption of the final standard (69 FR 55668, 55669, 55699).
Because this direct final rule simply updates the NFPA standards
incorporated by reference in OSHA's fire protection standard to their
most recent versions, it is unnecessary to determine significant risk,
or the extent to which the direct final rule would reduce that risk, as
would typically be required by Industrial Union Department, AFL-CIO v.
American Petroleum Institute, 448 U.S. 607 (1980).
V. Final Economic Analysis and Regulatory Flexibility Act Certification
This action is not economically significant within the context of
Executive Order 12866, or a ``major rule'' under the Unfunded Mandates
Reform Act or Section 801 of the Small Business Regulatory Enforcement
Fairness Act. The rulemaking would impose no additional costs on any
private or public sector entity, and does not meet any of the criteria
for an economically significant or major rule specified by the
Executive Order or relevant statutes.
This action simply includes updated references to NFPA standards.
The Agency compared the older versions of
[[Page 60846]]
the NFPA standards with the new versions via side-by-side analyses.
Based on our findings, the Agency concludes that incorporating the new
versions of the NFPA standards will not impose any additional costs on
any private or public sector entity.
Furthermore, because the rule imposes no additional costs on
employers, OSHA certifies that it would not have a significant impact
on a substantial number of small entities. Accordingly, the Agency need
not prepare a final regulatory flexibility analysis under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
VI. Paperwork Reduction Act
This action does not impose new information collection requirements
for purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-30.
VII. Federalism
OSHA has reviewed this direct final rule in accordance with the
Executive Order on Federalism (Executive Order 13132, 64 FR 43255,
August 10, 1999), which requires that agencies, to the extent possible,
refrain from limiting State policy options, consult with States prior
to taking any actions that would restrict State policy options, and
take such actions only when there is clear constitutional authority and
the presence of a problem of national scope. Executive Order 13132
provides for preemption of State law only if there is a clear
congressional intent for the Agency to do so. Any such preemption is to
be limited to the extent possible.
Section 18 of the OSH Act (29 U.S.C. 651 et seq.) expresses
Congress' intent to preempt State laws where OSHA has promulgated
occupational safety and health standards. Under the OSH Act, a State
can avoid preemption on issues covered by Federal standards only if it
submits, and obtains Federal approval of, a plan for the development of
such standards and their enforcement (State-Plan State). 29 U.S.C. 667.
Occupational safety and health standards developed by such State-Plan
States must, among other things, be at least as effective in providing
safe and healthful employment and places of employment as the Federal
standards. Subject to these requirements, State-Plan States are free to
develop and enforce under State law their own requirements for safety
and health standards.
This direct final rule complies with Executive Order 13132. As
Congress has expressed a clear intent for OSHA standards to preempt
State job safety and health rules in areas addressed by OSHA standards
in States without OSHA-approved State Plans, this rule limits State
policy options in the same manner as all OSHA standards. In States with
OSHA-approved State Plans, this action does not significantly limit
State policy options.
VIII. State Plan States
The 26 States or U.S. Territories with their own OSHA approved
occupational safety and health plans must revise their standards to
reflect this final standard or show OSHA why there is no need for
action, e.g., because an existing state standard covering this area is
already ``at least as effective as'' the new Federal standard. The
state standard must be at least as effective as this final standard,
must be applicable to both the private and public (State and local
government employees) sectors, and must be completed within six months
of the publication date of this final Federal rule.
Currently only five States (California, Minnesota, Oregon, Vermont,
and Washington) with their own State plans cover private sector onshore
maritime activities in whole or in part. Federal OSHA enforces maritime
standards offshore in all States and provides onshore coverage of
maritime activities in Federal OSHA States, in the five States above,
to the extent not covered by them, and in all the other State Plan
States: Alaska, Arizona, Connecticut (plan covers only State and local
government employees), Hawaii, Indiana, Iowa, Kentucky, Maryland,
Michigan, Nevada, New Jersey (plan covers only State and local
government employees), New Mexico, New York (plan covers only State and
local government employees), North Carolina, Puerto Rico, South
Carolina, Tennessee, Utah, Virginia, Virgin Islands (plan covers only
territorial government employees), and Wyoming.
IX. Unfunded Mandates Reform Act
This direct final rule has been reviewed in accordance with the
Unfunded Mandates Reform Act of 1995 (UMRA). 2 U.S.C. 1501 et seq. For
the purposes of the UMRA, the Agency certifies that this direct final
rule does not impose any Federal mandate that may result in increased
expenditures by State, local, or tribal governments, or increased
expenditures by the private sector, of more than $100 million in any
year.
X. List of Subjects for 29 CFR Part 1915
Fire protection, Hazardous substances, Incorporation by reference,
Longshore and harbor workers, Occupational safety and health, Reporting
and recordkeeping requirements, Shipyards, and Vessels.
XI. 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. It is issued 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 5-2002, and 29 CFR Part 1911.
Signed at Washington, DC, this 5th day of October, 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.
Amendments To Standards
0
OSHA amends Part 1915 of Title 29 of the Code of Federal Regulations as
set forth below:
0
1. The authority citation for Part 1915 continues to read as follows:
Authority: Sec. 41, Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 941); secs. 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 5-2002 (67 FR 65008) as applicable; 29 CFR Part 1911.
0
2. Amend Sec. 1915.5 to revise paragraphs (d)(4)(i), (vi) through (x),
and (xiii) through (xviii) and by removing paragaraph (d)(4)(xix) to
read as follows:
Sec. 1915.5 Incorporation by reference.
* * * * *
(d) * * *
(4) * * *
(i) NFPA 1981-2002 Standard on Open-Circuit Self-Contained
Breathing Apparatus for Fire and Emergency Services, IBR approved for
1915.505(e)(3)(v).
* * * * *
(vi) NFPA 10-2002 Standard for Portable Fire Extinguishers, IBR
approved for Sec. Sec. 1915.507(b)(1) and (b)(2).
(vii) NFPA 14-2003 Standard for the Installation of Standpipe and
Hose Systems, IBR approved for Sec. Sec. 1915.507(b)(2) and (d)(1).
(viii) NFPA 72-2002 National Fire Alarm Code, IBR approved for
Sec. 1915.507(c)(6).
(ix) NFPA 13-2002 Standard for the Installation of Sprinkler
Systems, IBR approved for Sec. 1915.507(d)(2).
(x) NFPA 750-2003 Standard on Water Mist Fire Protection Systems,
IBR approved for Sec. 1915.507(d)(2).
* * * * *
(xiii) NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion
[[Page 60847]]
Foam, IBR approved for Sec. 1915.507(d)(3).
(xiv) NFPA 17-2002, Standard for Dry Chemical Extinguishing
Systems, IBR approved for Sec. 1915.507(d)(4).
(xv) NFPA 12-2005, Standard on Carbon Dioxide Extinguishing
Systems, IBR approved for Sec. 1915.507(d)(5).
(xvi) NFPA 12A-2004, Standard on Halon 1301 Fire Extinguishing
Systems, IBR approved for Sec. 1915.507(d)(5).
(xvii) NFPA 2001-2004, Standard on Clean Agent Fire Extinguishing
Systems, IBR approved for Sec. 1915.507(d)(5).
(xviii) NFPA 1403-2002, Standard on Live Fire Training Evolutions,
IBR approved for Sec. 1915.508(d)(8).
0
3. Amend Sec. 1915.505 to revise paragraph (e)(3)(v) to read as
follows:
Sec. 1915.505 Fire response.
* * * * *
(e) * * *
(3) * * *
(v) Provide only SCBA that meet the requirements of NFPA 1981-2002
Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire
and Emergency Services (incorporated by reference, see Sec. 1915.5);
and
* * * * *
0
4. Amend Sec. 1915.507 to revise paragraphs (b)(1), (b)(2), (c)(6),
(d)(1), (d)(2), (d)(3), and (d)(5) to read as follows:
Sec. 1915.507 Land-side fire protection system.
* * * * *
(b) * * *
(1) The employer must select, install, inspect, maintain, and test
all portable fire extinguishers according to NFPA 10-2002 Standard for
Portable Fire Extinguishers (incorporated by reference, see Sec.
1915.5).
(2) The employer is permitted to use Class II or Class III hose
systems, in accordance with NFPA 10-2002 (incorporated by reference,
see Sec. 1915.5), as portable fire extinguishers if the employer
selects, installs, inspects, maintains, and tests those systems
according to the specific recommendations in NFPA 14-2003 Standard for
the Installation of Standpipe and Hose Systems (incorporated by
reference, see Sec. 1915.5).
(c) * * *
(6) Select, install, inspect, maintain, and test all automatic fire
detection systems and emergency alarms according to NFPA 72-2002
National Fire Alarm Code (incorporated by reference, see Sec. 1915.5)
(d) * * *
(1) Standpipe and hose systems according to NFPA 14-2003 Standard
for the Installation of Standpipe and Hose Systems (incorporated by
reference, see Sec. 1915.5);
(2) Automatic sprinkler systems according to NFPA 25-2002 Standard
for the Inspection, Testing, and Maintenance of Water-based Fire
Protection Systems, (incorporated by reference, see Sec. 1915.5), and
either (i) NFPA 13-2002 Standard for the Installation of Sprinkler
Systems (incorporated by reference, see Sec. 1915.5), or (ii) NFPA
750-2003 Standard on Water Mist Fire Protection Systems (incorporated
by reference, see Sec. 1915.5);
(3) Fixed extinguishing systems that use water or foam as the
extinguishing agent according to NFPA 15-2001 Standard for Water Spray
Fixed Systems for Fire Protection (incorporated by reference, see Sec.
1915.5) and NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion
Foam (incorporated by reference, see Sec. 1915.5);
* * * * *
(5) Fixed extinguishing systems using gas as the extinguishing
agent according to NFPA 12-2005 Standard on Carbon Dioxide
Extinguishing Systems (incorporated by reference, see Sec. 1915.5);
NFPA 12A-2004 Standard on Halon 1301 Fire Extinguishing Systems
(incorporated by reference, see Sec. 1915.5); and NFPA 2001-2004
Standard on Clean Agent Fire Extinguishing Systems (incorporated by
reference, see Sec. 1915.5).
[FR Doc. E6-17124 Filed 10-16-06; 8:45 am]
BILLING CODE 4510-26-P