[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]
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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.
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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.
------------------------------------------------------------------------
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).
------------------------------------------------------------------------
[[Page 41129]]
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:
[[Page 41130]]
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
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:
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
* * * * *
[FR Doc. 06-6327 Filed 7-19-06; 8:45 am]
BILLING CODE 4510-26-C
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