[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Notices]               
[Page 74754-74756]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-82]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-V05-2-2006-0785]

 
AmerenUE; American Airlines, Inc.; CBS Outdoor, Inc.; Dixie 
Divers, Inc.; Graver Tank and Mfg. Co.; Hamon Custodis, Inc.; 
International Paper Co.; Metalplate Galvanizing, Inc.; Fisher Mills, 
Inc.; Pullman Power, LLC; U.S. Ecology Idaho, Inc.; West Pharmaceutical 
Services, Inc.; Zurn Industries, Inc.; and 3M Co: Technical Amendments 
to, and Revocation of, Permanent Variances

AGENCY: Occupational Safety and Health Administration (OSHA), 
Department of Labor.

ACTION: Notice of technical amendments to, and revocation of, permanent 
variances.

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SUMMARY: With this notice, the Occupational Safety and Health 
Administration ("OSHA" or "the Agency") is making technical 
amendments to existing permanent variances, and revoking several 
others. The technical amendments involve renaming the employers 
identified on eight of the variances, and also revising the worksites 
covered by one of these variances. In addition, the Agency is revoking 
six variances based on evidence that the employers no longer need the 
variances.

DATES: The effective date of the permanent variance is December 9, 
2009.

FOR FURTHER INFORMATION: Contact Ms. MaryAnn Garrahan, Director, Office 
of Technical Programs and Coordination Activities, Room N-3655, OSHA, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210; telephone (202) 693-2110; fax (202) 693-1644. Access electronic 
copies of this notice at OSHA's Web site, http://www.osha.gov, by 
selecting Federal Register, "Date of Publication," and then "2008."

SUPPLEMENTARY INFORMATION:

I. Background

    The Agency has 23 permanent variances currently in effect. After 
reviewing these variances, OSHA found that employers identified in 
eight of these variances had new names (two resulting from the sale of 
company assets), and one of these employers relocated several worksites 
specified in the variance. The review also found that six of the 
employers do not need variances because: The conditions requiring the 
variance no longer exist; a new standard replaced the standard from 
which the employer received the variance; or the employer is no longer 
in business. With this notice, the Agency is correcting these problems. 
OSHA believes this notice will: Enable the Agency to accurately and 
expeditiously determine the employers covered by a variance, thereby 
enhancing enforcement of the variance; ensure that a variance 
identifies and covers the appropriate worksites; and, for revoked 
variances, notify employees that the employer is no longer covered by 
the variance and must comply with the appropriate OSHA standard.
    The technical amendments implemented by this notice do not alter 
the substantive requirements of the variances that remain in effect. 
For variances revised by this notice, these amendments maintain the 
regulatory obligations specified in the variances granted to the 
employers, thereby continuing to ensure the safety and health 
protection afforded to employees by the variances. For variances 
revoked by this notice, existing OSHA standards will provide employees 
with the necessary protection. A list of variances that remain in 
effect by this notice is available on OSHA's Web site at http://
www.osha.gov/dts/otpca/variances/variances.html.
    With this notice, the Agency is making only technical corrections 
to existing variances, or revoking variances no longer needed by 
employers for employee protection. Accordingly, this notice will not 
have a substantive effect on employers or employees, and OSHA therefore 
finds that public notice-and-comment procedures specified under Section 
6(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), 
and by 29 CFR 1905.11 or 1905.13, are unnecessary.
    The following table provides details about the variances affected 
by this notice:

----------------------------------------------------------------------------------------------------------------
                                                                           Federal Register     OSHA standards
 Name of  employer  (company) *      Variance No.        Date granted            cite              affected
----------------------------------------------------------------------------------------------------------------
American Airlines, Inc..........  V-73-3............  06/27/1973........  38 FR 16944.......  1910.107(g)(7) and
                                                                                               1910.108(f)(4).
Custodis Construction Co., Inc.   V-73-13...........  04/03/1973........  38 FR 8545........  1926.552(c),
 (now Hamon Custodis, Inc.).                                                                   1926.451(1),
                                                                                               1926.451(4), and
                                                                                               1926.451(5).
Dixie Divers, Inc...............  V-97-1............  12/20/1999........  64 FR 71242.......  1910.423(b)(2),
                                                                                               1910.423(c)(3)(ii
                                                                                               i), and
                                                                                               1910.426(b)(1).
Hammermill Papers Group (now      V-83-1............  09/07/1983........  48 FR 40463.......  1910.261(c)(9)(i).
 International Paper Co.).
Envirosafe Services of Idaho,     V-93-1............  06/07/1994........  59 FR 29440.......  1910.106(b)(2)(vii
 Inc. (now US Ecology Idaho,                                                                   i)(F).
 Inc.).
Fisher Mills, Inc...............  V-74-2............  01/11/1974........  39 FR 1677-1678...  1910.176(f).
Gannett Outdoor Companies (now    V-90-1............  03/01/1991........  56 FR 8801........  1910.27(d)(1)(ii),
 CBS Outdoor, Inc.).                                                                           1910.27(d)(2),
                                                                                               and
                                                                                               1910.27(d)(5).
Graver Tank & Mfg. Co., Inc.....  V-85-6............  04/03/1973........  39 FR 8545-8548...  1926.552(c).
Metalplate and Coatings, Inc.     V-74-49...........  12/28/1976........  41 FR 56110.......  1910.22(c) and
 (now Metalplate Galvanizing,                                                                  1910.23(c)(3).
 Inc.).
Minnesota Mining and              V-77-4............  03/10/1978........  43 FR 9887........  1910.106(d)(5)(vi)
 Manufacturing Co. (now the 3M    V-77-14...........                                           (B).
 Co.).
M. W. Kellogg Co. (now Pullman    V-73-13...........  04/03/1973........  38 FR 8545........  1926.552(c).
 Power, LLC).
Union Electric Co. (now           V-74-5............  10/18/1974........  39 FR 37278.......  1910(28)(g)(1).
 AmerenUE).
West Co., Inc. (now West          V-77-9............  01/20/1978........  43 FR 2945........  1910.217(c)(3)(iii
 Pharmaceutical Services, Inc.).                                                               )(E).
Zurn Industries, Inc............  V-82-7............  05/14/1985........  50 FR 2145-2149...  1926.552(c)(1),
                                                                                               1926.552(c)(2),
                                                                                               1926.552(c)(3),
                                                                                               and
                                                                                               1926.552(c)(14)(i
                                                                                               ).
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* As listed on the original variance.

II. Technical Amendments to Permanent Variances

A. Renaming Companies

    1. AmerenUE; CBS Outdoor, Inc.; Metalplate Galvanizing, Inc.; U.S. 
Ecology Idaho, Inc.; Viacom Outdoor, Inc.; West Pharmaceutical 
Services, Inc.; and the 3M Co. In the original variances, the names of 
these companies were, respectively, Union Electric Co.; Gannett Outdoor 
Services; Metalplate and Coatings, Inc.; Envirosafe Services of Idaho, 
Inc.; West Co., Inc.; and Minnesota Mining and Manufacturing Co. 
Recently, officers of these companies sent letters to OSHA stating that 
these names were no longer valid, and requesting the Agency to correct 
the variances using the new names (Exs. OSHA-V05-2-2006-0785-0002-004).
    2. Hamon Custodis, Inc. By letter dated June 20, 1989, Charles 
Williams, Director of Marketing and Construction for Custodis Cottrell, 
Inc., notified the Agency that the company changed its name from 
Custodis Construction Co., Inc., the name under which OSHA granted the 
original variance (Ex. OSHA-V05-2-2006-0785-0005). In a letter dated 
April 27, 2005, Thomas Pratt, Director of Health, Safety, and Quality 
at Hamon Custodis, informed OSHA that "Hamon Custodis" was now the 
corporate name for Custodis Cottrell, Inc. (Ex. OSHA-V05-2-2006-0785-
0006). A subsequent letter dated August 10, 2005, provided 
documentation showing that Hamon Custodis acquired the business assets, 
including the chimney-construction assets, of Custodis Cottrell, Inc. 
on July 23, 1998 (Ex. OSHA-V05-2-2006-0785-0007). This documentation 
also included certification from the Director of Construction for Hamon 
Custodis, John Huchko, attesting that Hamon Custodis continues to 
perform chimney-construction work under the conditions specified by the 
variance order (Ex. OSHA-V05-2-2006-0785-0008).
    3. Pullman Power, LLC. A letter from Pullman Power, LLC ("Pullman 
Power") dated July 7, 2005, provided OSHA with a copy of an Asset 
Purchase Agreement showing that Pullman Power acquired the business 
assets of Pullman Power Products Corp., including equipment and 
property, on October 4, 2000 (Ex. OSHA-V05-2-2006-0785-0009). In this 
letter, Mr. Dan Fangio, president of Pullman Power, stated that the 
company continues to perform chimney-construction work as described in 
the variance, and complies with the conditions specified in the 
variance order when doing so. In a subsequent letter from Pullman 
Power, Mr. Fangio verified that Pullman Power was a successor to the M. 
W. Kellogg Co., the employer identified in the original variance (Ex. 
OSHA-V05-2-2006-0785-0010). In this letter, Mr. Fangio also certified 
the following merger-and-acquisition history of Pullman Power:
    (a) 1980--M. W. Kellogg Co. acquired by Wheelabrator-Frye, Inc.
    (b) 1983--Wheelabrator-Frye, Inc. merged with the Signal Companies.
    (c) 1985--the Signal Companies merged with Allied Corp. to form 
Allied-Signal, Inc.
    (d) 1986--Allied-Signal, Inc. formed a holding corporation, the 
Henley Group, Inc., that included Wheelabrator Technologies, Inc. as a 
wholly owned subsidiary.
    (e) 1990--Waste Management, Inc. assumed control of Wheelabrator 
Technologies, Inc., forming Pullman Power Products Corp. as a 
subsidiary corporation.
    (f) 2000--Resco Holdings, Inc., a subsidiary of Waste Management, 
Inc., sold Pullman Power Products Corp. to Pullman Power and Structural 
Technologies, LLC (the parent company of Pullman Power).

B. Revising Covered Worksites

    West Pharmaceutical Services, Inc. By facsimile letter dated May 
19, 2004, (Ex. OSHA-V05-2-2006-0785-0011), West Pharmaceutical 
Services, Inc., asked OSHA to revise the worksites covered by the 
variance. This letter also noted that several of the original 
facilities, in Phoenixville, PA, Millville, NJ, and Kinston, NC, either 
did not require coverage by the variance or were no longer in 
operation. The employer is retaining coverage for the worksites at 
Kearny, NE, and St. Petersburg, FL, and is requesting to add coverage 
to the following worksites:
    West Pharmaceutical Services, Inc., 347 Oliver Street, Jersey 
Shore, PA 17740.
    West Pharmaceutical Services, Inc., 101 Gordon Drive, Lionville, PA 
19341.
    West Pharmaceutical Services, Inc., 179 West Airport Road, Lititz, 
PA 17543.
    West Pharmaceutical Services, Inc., Route 70, Kinston, NC 28501.

C. Revoking Permanent Variances

    1. American Airlines, Inc. The Agency granted American Airlines, 
Inc. a variance permitting it to use painted lines instead of "no 
smoking" signs to identify smoking areas at its Maintenance and 
Engineering Center in Tulsa, OK. The employer subsequently prohibited 
smoking at this facility, and, in an e-mail to OSHA, stated that it no 
longer needed the variance (Ex. OSHA-V05-2-2006-0785-0012).
    2. Dixie Divers, Inc. On February 17, 2004, OSHA published a final 
rule that added Appendix C to its Commercial Diving Operations 
("CDO") Standard at 29 CFR 1910, subpart T (69 FR 7351). The appendix 
permits employers of recreational diving instructors and diving guides 
to comply with an alternative set of requirements instead of the 
decompression-chamber requirements specified in the CDO Standard. This 
set of requirements duplicates the conditions of the variance granted 
to Dixie Divers, Inc. Therefore, these requirements provide the 
employer with the same relief, and employees with the same protection, 
afforded to them by the variance. Accordingly, the variance is 
redundant and unnecessary.
    3. Graver Tank & Mfg. Co. On March 28, 1996, Graver Tank was 
acquired by Astrotech International Corporation. Effective October 28, 
1997, Astrotech merged with ITEQ Storage Systems Inc., as noted in a 
1998 10-K filing with the Securities and Exchange Commission (SEC) (Ex. 
OSHA-V05-2-2006-0785-0013). In February 2000, ITEQ sold Graver Tank's 
assets to a private entity. The company was liquidated soon thereafter, 
obviating the need for a variance, as documented by SEC Proxy Statement 
Form DEF 14A, dated May 1, 2000 (Ex. OSHA-V05-2-2006-0785-0014).
    4. Fisher Mills, Inc. On March 20, 2001, Fisher Communications Inc. 
sold the assets of Fisher Mills to Pendleton Flour Mills, Inc. 
Pendleton subsequently closed the mill's operations, obviating the need 
for a variance. This sale is documented in Fisher Communication's 8-K 
form filed with the SEC on March 16, 2001 (Ex. OSHA-V05-2-2006-0785-
0015). The mill site, which is no longer in operation, was purchased by 
King County, WA, on July 28, 2003 (Ex. OSHA-V05-2-2006-0785-0016).
    5. International Paper Co. International Paper Co. submitted a 
letter to OSHA dated August 11, 2005, stating that it was the successor 
to Hammermill Papers Group (Ex. OSHA-V05-2-2006-0785-0017). In this 
letter, International Paper Co. noted that its Erie, PA, mill, the only 
mill covered by the variance granted to Hammermill, is no longer in 
operation, thereby obviating the need for the variance.
    6. Zurn Industries. Zurn Industries submitted a letter to OSHA 
dated April 16, 2004, stating that it sold its chimney- and tower-
erection businesses (Ex. OSHA-V05-2-2006-0785-0018), thereby making the 
variance unnecessary.

III. Decision

    Based on the information described herein, including the finding 
that this notice will not alter the substantive requirements of the 
variances and will maintain the protection afforded to employees by the 
variances, the Agency is taking the following actions:
    A. Revising the names of employers as shown in the following table:

------------------------------------------------------------------------
         Name in original variance                  Revised name
------------------------------------------------------------------------
Metalplate and Coatings, Inc..............  Metalplate Galvanizing, Inc.
West Co...................................  West Pharmaceutical
                                             Services, Inc.
Minnesota Mining and Manufacturing Co.....  3M Co.
Custodis Construction Co., Inc............  Hamon Custodis, Inc.
M. W. Kellogg Co..........................  Pullman Power, LLC
Envirosafe Services of Idaho, Inc.........  US Ecology Idaho, Inc.
Union Electric Co.........................  AmerenUE
Gannett Outdoor Services..................  CBS Outdoor, Inc.
------------------------------------------------------------------------

    B. Adding worksites at Jersey Shore, Pa., Lionville, Pa., Lititz, 
Pa., and Kinston, N.C. to the variance granted to West Pharmaceutical 
Services, Inc. (formerly the West Co.).
    C. Revoking the variances granted to American Airlines, Inc., Dixie 
Divers, Inc., Graver Tank and Mfg. Co., Fisher Mills Co., International 
Paper Co. (the successor employer to Hammermill Papers Group), and Zurn 
Industries.

IV. Authority and Signature

    Thomas M. Stohler, Acting Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Ave. NW., Washington, DC, directed the preparation of this 
notice. This notice is issued under the authority specified by Section 
6(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), 
Secretary of Labor's Order No. 5-2007 (72 FR 31160), and 29 CFR part 
1905.

    Signed at Washington, DC, on November 18, 2008.
Thomas M. Stohler,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-29002 Filed 12-8-08; 8:45 am]

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