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30729

Proposed Rules Federal Register


Vol. 72, No. 106

Monday, June 4, 2007

This section of the FEDERAL REGISTER should be expanded to cover other types All submissions, including copyrighted
contains notices to the public of the proposed of presses. material, are available for inspection
issuance of rules and regulations. The DATES: Comments must be submitted by and copying at the OSHA Docket Office.
purpose of these notices is to give interested
the following dates: FOR FURTHER INFORMATION CONTACT:
persons an opportunity to participate in the
rule making prior to the adoption of the final • Hard copy: Submit (postmark or Press Inquiries: Kevin Ropp, OSHA
rules. send) comments by regular mail, Office of Communications, Room N–
express delivery, hand delivery, and 3647, U.S. Department of Labor, 200
courier service by August 3, 2007. Constitution Avenue, NW., Washington,
DEPARTMENT OF LABOR • Electronic transmission and DC 20210; telephone: (202) 693–1999.
facsimile: Submit comments by August General and Technical Information:
Occupational Safety and Health 3, 2007. David M. Wallis, OSHA Directorate of
Administration ADDRESSES: You may submit comments Standards and Guidance, Office of
by any of the following methods: Engineering Safety, Room N–3609, U.S.
29 CFR Part 1910 Electronically: You may submit Department of Labor, 200 Constitution
comments and attachments Avenue, NW., Washington, DC 20210;
[Docket No. OSHA–2007–0003] electronically at telephone: (202) 693–2277.
http://www.regulations.gov, which is SUPPLEMENTARY INFORMATION:
RIN 1218–AC22
the Federal eRulemaking Portal. Follow Table of Contents
Power Presses the instructions on-line for submitting
I. Background
comments. A. OSHA’s Existing Mechanical Power
AGENCY: Occupational Safety and Health Fax: If your comments, including Presses Standard
Administration (OSHA), DOL. attachments, are not longer than 10 B. OSHA’s Section 610 Review of the PSDI
ACTION: Advance notice of proposed pages, you may fax them to the OSHA Requirements
rulemaking. Docket Office at (202) 693–1648. II. Request for Data, Information, and
Mail, hand delivery, express mail, Comments
SUMMARY: Mechanical power press messenger or courier service: You must A. The Scope of the Power Press Standard
safety is regulated under OSHA’s submit three copies of your comments B. Consensus Standards Related to
Mechanical Power Presses
mechanical power presses standard. and attachments to the OSHA Docket C. Technical Issues
OSHA adopted the standard in 1971, Office, Docket No. OSHA–2007–0003, D. Cost Issues
basing it upon the 1971 edition of U.S. Department of Labor, Room N– E. Training Requirements
American National Standards Institute 2625, 200 Constitution Avenue, NW., F. Reporting and Recordkeeping
(ANSI) B11.1, the industry consensus Washington, DC 20210. Deliveries Requirements
standard for mechanical power presses. (hand, express mail, messenger and III. Public Participation
This ANSI standard has been updated a courier service) are accepted during the IV. Authority and Signature
number of times since OSHA adopted Department of Labor’s and Docket I. Background
the 1971 version. The most recent Office’s normal business hours, 8:15
edition was issued in 2001. Hydraulic a.m.–4:45 p.m., e.t. A. OSHA’s Existing Mechanical Power
and pneumatic power presses are not Instructions: All submissions must Presses Standard
covered by OSHA’s current standard. include the Agency name and the OSHA OSHA promulgated § 1910.217, the
The original standard also did not docket number for this rulemaking standard for mechanical power presses,
address the use of presence-sensing- (OSHA Docket No. OSHA–2007–0003). in 1971. The standard was based on the
device initiation (PSDI) systems. When All comments, including any personal 1971 edition of American National
a press is equipped with PSDI, the press information you provide, are placed in Standards Institute (ANSI) B11.1, the
cycle will not initiate until the PSDI the public docket without change and industry consensus standard on
system senses that the danger zone is may be made available online at http:// mechanical power presses. See 39 FR
clear. OSHA updated the mechanical www.regulations.gov. For further 23732 (June 27, 1974). Hydraulic and
power presses standard on March 14, information on submitting comments, pneumatic power presses are not
1988, (53 FR 8353), to permit the use of plus additional information on the covered by the standard. See
PSDI systems. However, it requires an rulemaking process, see the ‘‘Public § 1910.217(a)(5).
OSHA-approved third party to validate Participation’’ heading in the A mechanical power press is a two-
the PSDI system at installation and SUPPLEMENTARY INFORMATION section of part system, with a stationary bed or
annually thereafter. Since the adoption this document. anvil and a movable upper part, the
of this provision, no third party has Docket: To read or download ram. A die or punch is placed on the
sought OSHA’s approval. Consequently, comments or other material in the ram and the ram descends into a die
PSDI systems are not being used with docket, go to http://www.regulations.gov block, which is attached to the anvil.
mechanical power presses. OSHA is or the OSHA Docket Office at the The punch and die block are known as
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seeking comments on whether and how address above. All documents in the the die set. A mechanical power press
the mechanical power presses standard docket are listed in the http:// can be either full revolution or part
should be amended, including whether www.regulations.gov index, however, revolution. A full-revolution press
the requirements pertaining to the use of some information (e.g., copyrighted cannot be stopped once the cycle
PSDI systems should be revised and material) is not publicly available to begins. A part-revolution press has a
whether the scope of the standard read or download through the Web site. brake that can stop the press in mid

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30730 Federal Register / Vol. 72, No. 106 / Monday, June 4, 2007 / Proposed Rules

cycle. Mechanical power presses are example, the standard allows for two- validated by a certified third party
used in a number of industries, hand initiation devices. See annually. See § 1910.217(h)(11). The
including fabricated metal, industrial § 1910.217(c)(3)(e). The two-hand third-party validation was based on
machinery, and transportation vehicle devices require the operator to press two existing systems in Sweden and
parts. These industries all require metal buttons simultaneously in order to Germany, where the government
parts, which are formed in presses, to initiate the press cycle; the buttons must certified this type of equipment. OSHA
create finished products. be far enough apart that they cannot be believed that national testing
If employees are not clear of power pressed with one hand. In addition, the laboratories and industry organizations
presses when their cycles are initiated, controls must be a certain distance from would conduct the third-party
serious injuries can occur. The the point of operation so that the validation.
mechanical power presses standard controller cannot enter the danger zone In its 1988 rulemaking, OSHA
contains numerous provisions for after activating the press. While the two- analyzed the impact of paragraph (h) on
protecting employees who work with hand controls help protect the employers as part of its economic
and around the presses. In particular, employees operating the presses, they impact analysis. At that time, OSHA
the standard contains requirements for can be uncomfortable, may increase estimated that approximately 73,000
safeguarding the ‘‘point of operation’’ of worker fatigue, and can increase the employees would be affected by the
the press, the area of the press between time between press cycles. requirements. These employees are
the punches and the die block. These The existing standard also includes primarily punch and stamping press
requirements help ensure that requirements for inspecting, operators and job and die setters. OSHA
employees are clear of this ‘‘danger maintaining, and modifying mechanical estimated that 40 percent of the former
zone’’ when the press is in operation. power presses to ensure that they are group and 20 percent of the latter were
The standard requires employers to operating safely. See § 1910.217(e). It operating mechanical power presses.
ensure ‘‘the usage of ‘point of operation requires operators and maintenance OSHA estimated that PSDI would
guards’ or properly applied and personnel to be trained in how to use or increase productivity an average of 24.3
adjusted point of operation devices on inspect power presses safely. See percent per press, resulting in industry
every operation performed on a § 1910.217(e)(3) and (f)(2). And, it savings of about $162 million a year.
mechanical power press.’’ See includes provisions for power press See 53 FR 8351 (March 14, 1988). OSHA
§ 1910.217(c)(1)(i). operation to ensure that there is also believed, and continues to believe,
Point of operation guards on sufficient clearance around the that mechanical power presses
mechanical power presses prevent entry machines for them to operate safely, equipped with PSDI, if properly
of hands or fingers into the point of among other things. See § 1910.217(f)(4). designed, installed, and used, could
operation. Under the standard, These provisions, along with the point reduce the likelihood of accidents.
employers can utilize a number of of operation protections above, work to
different types of guard systems: die B. OSHA’s Section 610 Review of the
protect employees working with and
enclosure guards, fixed barrier guards, PSDI Requirements
around mechanical power presses.
interlock press barrier guards, and In 1988, OSHA added paragraph (h) to OSHA is required by Section 610 of
adjustable barrier guards. See § 1910.217 to allow the use of presence- the Regulatory Flexibility Act (5 U.S.C.
§ 1910.217(c)(2). Point of operation sensing-device initiation on part- 610) and Executive Order 12866 to
devices, on the other hand, are systems revolution mechanical power presses. conduct periodic reviews of rules
that protect employees by preventing or PSDI systems initiate press cycles when (‘‘Section 610 Reviews’’). The purpose
stopping the press cycle when hands or the systems indicate that no objects are of these reviews is to determine whether
other objects are inadvertently placed in within the danger zone. These systems such rules should be continued without
the point of operation. Examples of differ from presence sensing point of change, amended, or rescinded,
point of operation devices are Type A operation devices in that these systems consistent with the objectives of
gates 1 or movable barrier devices, or initiate the press cycles; presence applicable statutes, to minimize any
Type B gates 2 or movable barrier sensing point of operation devices, as significant economic impact of the rules
devices, and presence-sensing devices. stated above, stop or prevent the cycles on a substantial number of small
See § 1910.217(c)(3). A presence-sensing from occurring if an operator’s hand or entities. In doing so, the agency takes
device is basically a light curtain or other body parts are in the danger zone. into consideration the continued need
other sensing device that prevents or PSDI systems had been used on for the rule, comments and complaints
stops the slide motion of the press if the mechanical power presses in Europe for received regarding the rule, the
operator’s hand or other part of the body decades and on an experimental basis complexity of the rule, whether the rule
is within the sensing field of the device for a 1-year period beginning on August is duplicative, and changes in
during the downstroke of the press 31, 1976, at one United States facility technology and economic conditions
slide. under a temporary variance (Interlake since the issuance of the rule. The
Point of operation devices also Stamping Corporation (41 FR 36702)). reviews also examine whether the rules
include certain systems that limit how PSDI systems were also used on non- are compatible with other regulations,
a press cycle may be initiated. For mechanical power presses and other duplicative or inappropriately
types of equipment. burdensome in the aggregate, and
1 A Type A gate is a movable barrier device When paragraph (h) was added in whether and how they could be made
designed to be held in position during the entire 1988, OSHA imposed a number of more effective.
press cycle (stroke) so that the operator cannot requirements for the use of PSDI OSHA conducted a Section 610
easily open the movable barrier during the cycle. It
systems based upon its analysis of the review to determine why PSDI has not
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is designed to prevent reentry into the point of


operation in the event of a failure of the press or rulemaking record, which included been implemented, and to identify how
its related control equipment when there may be a comments from industry, union, and the standard could be changed to
repeat cycle of the press. academic experts. See 53 FR 8322 facilitate PSDI use in a manner that
2 A Type B gate is a movable barrier device

designed for use on part-revolution presses so that


(March 14, 1988). OSHA required that protects worker safety. In its August 28,
it is held closed during the closing portion of the every PSDI system be initially validated 2002, Federal Register notice (67 FR
cycle (stroke). by an OSHA-certified third party and re- 55181) informing the public about the

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Federal Register / Vol. 72, No. 106 / Monday, June 4, 2007 / Proposed Rules 30731

review and soliciting comments, OSHA power press standard with ANSI B11.1– address non-mechanical power presses
presented four options for revising the 2001. They argued that PSDI is an in this rulemaking action to update
standard: integral part of that ANSI standard, § 1910.217? Are there general
Option 1—Update all of § 1910.217 to which has no validation requirement. requirements that should apply broadly
be consistent with ANSI B11.1–2001 or Furthermore, they argued that an update to all types of power presses?
something similar. is overdue, would create a range of 2. If OSHA does broaden the scope of
Option 2—Revise the third-party benefits, and would lead to the standard to include other types of
validation requirements. implementation of PSDI [Ex. OSHA– presses, what other types of power
Option 3—Eliminate all requirements 2007–0003–0002]. OSHA agrees with presses should OSHA specifically
for third-party validation and possibly these commenters and believes that include? Why?
replace them with a self-certification such an update would result in 3. The current OSHA standard
requirement; leave the other PSDI improved safety and health protections specifically excludes press brakes,
requirements intact. for operators of mechanical power hydraulic and pneumatic power presses,
Option 4—Replace OSHA’s current presses as well as for other employees bulldozers, hot bending and hot metal
PSDI requirements with the PSDI in the machine area. presses, forging presses and hammers,
requirements in the new ANSI B11.1. riveting machines, and similar types of
The Agency published its final report II. Request for Data, Information, and fastener applicators. The ANSI B11.1–
on the review in May 2004 and notified Comments 2001 standard excludes these as well;
the public of its availability on June 8, The Agency is considering a broad however, it also excludes cold headers
2004 (69 FR 31927). The review range of issues in its development of a and formers, eyelet machines, high-
includes information on the main proposed update to the mechanical energy-rate presses, iron workers and
industry categories using mechanical power presses standard. The issues to be detail punches, metal shears, powdered
power presses and estimates of injury considered go beyond those of the metal presses, press welders, turret and
trends. The review states that there were current mechanical power presses plate-punching machines, wire
194,891 presses of all types in use in standard and include broadening the termination machines, and welding
1996. Mechanical power presses are scope of the standard to include other machines. If OSHA updates the
used mainly in the following types of presses, equipment, and standard to be consistent with the
manufacturing industry categories: processes not previously addressed. provisions of ANSI B11.1–2001 or its
fabricated metal, industrial machinery, OSHA invites comments on the equivalent, should OSHA exclude all of
electrical machinery, transportation questions below. The questions are the machines that are excluded in ANSI
vehicle parts, and precision grouped into six broad categories: The B11.1–2001? Why? Should OSHA
instruments. The review also included scope of the standard; industry exclude any other machines that are not
information about injuries caused by consensus standards related to specifically excluded in ANSI B11.1–
mechanical power presses. It found that mechanical power presses; technical 2001? Why?
there were 774 mechanical power press issues; training requirements; reporting 4. Since it has been more than 30
accidents reported to OSHA from 1995– requirements; and employer years since OSHA’s adoption of its
2000 under 29 CFR 1910.217(g), which responsibilities. However, commenters mechanical power press standard,
requires employers to report to OSHA are encouraged to address any aspect of OSHA realizes that changes in
all point of operation injuries. It also power presses, including pneumatic, technology may have affected the way
cited BLS data that approximately 6,000 hydraulic, and other presses, which industry sectors operate. Are there
injuries per year occurred on would assist the Agency in its mechanical power presses in use today
nonprinting presses (including consideration of what action is that—due to their unique
mechanical power presses and other appropriate. The Agency is particularly characteristics—are not covered by
types of presses) from 1992 to 1999. interested in ways to incorporate OSHA’s current standard? Please supply
Based on analyses and information flexibility into its standard to make it OSHA with information about these
obtained during the Section 610 review, more protective as well as easier to presses. Does the current standard cover
OSHA committed to pursuing Option 1, comply with. Please provide a detailed any equipment that is no longer in use?
to update all of § 1910.217 to be response to the questions, as well as any Would adoption of ANSI B11.1–2001 or
consistent with ANSI B11.1–2001 or supporting information or data, to better something similar render equipment
something similar [Ex. OSHA–2007– assist the Agency in its consideration of currently in use obsolete? Is there
0003–0002]. Option 1 addressed these matters. equipment that is currently in use that
concerns that the mechanical power should be grandfathered into a revised
presses standard as a whole is out-of- A. The Scope of the Power Press
Standard OSHA standard that would otherwise
date and could be made safer. While restrict the use of such equipment?
PSDI system technology has not 1. As stated above, the current OSHA Why?
changed since paragraph (h) was standard covers only mechanical power
adopted in 1988, the technology used to presses. OSHA is considering changing B. Consensus Standards Related to
control and guard mechanical power the scope of the standard to include Mechanical Power Presses
presses has changed considerably since other types of power presses, such as 5. As stated above, OSHA intends to
§ 1910.217 was adopted. For instance, hydraulic presses and pneumatic update the mechanical power press
some mechanical power presses now presses. Do the existing general machine standard to be consistent with ANSI
use operational modes not addressed in guarding requirements in § 1910.212 B11.1–2001 or something similar. Are
§ 1910.217 (such as computer controls), adequately protect employees operating there any obstacles to complying with a
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which introduce hazards also not non-mechanical power presses, and do new standard that is based on ANSI
addressed by the standard. Five of the they provide adequate flexibility to B11.1–2001 or its equivalent?
nine commenters who responded to employers who use such presses? 6. Are there provisions in the current
OSHA’s August 28, 2002, Federal Should OSHA regulate all power ANSI standard that should not be the
Register notice recommended that presses under one standard or under basis for provisions in the revised
OSHA replace the entire mechanical multiple standards? Should OSHA OSHA standard? Should OSHA include

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30732 Federal Register / Vol. 72, No. 106 / Monday, June 4, 2007 / Proposed Rules

any provisions that are not covered by a single failure or single operating error procedures, guarding methods, and
the ANSI standard? If so, what are the may not cause injury to personnel from safety considerations are used when
provisions? a point-of-operation hazard. Appendix using these types of presses? Are there
7. Should the Agency include A, Certification/Validation any special hazards or concerns when
information from the appendices or the Requirements. Should OSHA retain using computer-controlled mechanical
explanatory information columns some form of third-party validation, but power presses of which the Agency
contained in the ANSI B11.1 standard in remove this aspect of the validation should be aware?
the revised OSHA standard? If so, what criteria? 21. OSHA’s current mechanical power
information in particular should OSHA 14. If the Agency does not require press standard has no specific
consider? third-party validation, would the provisions covering servo-actuated
8. Are there other consensus certification requirements found in the presses. To what extent are employers
standards, international standards, or following paragraphs be necessary: using servo-actuated presses? Are these
other references OSHA should consider § 1910.217(h)(5)(i) (adjusting brake types of presses becoming more
in updating its mechanical power monitoring during installation common? What procedures, guarding
presses standard? If so, which ones certification); (h)(9)(ii)(B) (certification methods, and safety considerations are
should OSHA consider in drafting a of alternatives to photo-electric light used when using these types of presses?
proposed rule? curtains); and (h)(11)(i)(B), (h)(11)(ii), Are there any special hazards or
9. Some of the technical definitions (h)(11)(iii), (h)(11)(v) (safety system concerns when using servo-actuated
and requirements in the ANSI standard, certification/validation)? Why or why presses of which the Agency should be
including those for the reliability and not? aware?
classes of control systems, are not 15. OSHA’s current PSDI provisions
contained within the standard itself but include requirements for brakes and D. Cost Issues
are instead found in technical reports to clutches that are not found in the ANSI 22. What has been the experience of
the ANSI B11.1 committee. Should B11.1–2001 standard. See PSDI systems on mechanical power
these reports serve as one of the bases § 1910.217(h)(2). Should OSHA retain presses and other machines
for a revised OSHA standard? If so, what these or similar requirements in a internationally, particularly in Europe?
specific information from these reports revised standard? Why? Should OSHA What additional costs have been
should OSHA consider? remove the provisions entirely? Why? involved in integrating them into
Would removing these provisions manufacturing operations? What have
C. Technical Issues
adversely impact employee safety or are been the benefits in terms of safety and
10. During the Section 610 review, these provisions unnecessary given the productivity?
OSHA found that there has been some PSDI systems currently available? 23. What has been the experience of
decline in mechanical power press use 16. OSHA’s current PSDI standard PSDI systems with regard to other types
in the United States in the last 20 years. includes provisions for flywheels and of machines in the United States (i.e.,
Please provide any information you bearings that are not included in the those not covered by the mechanical
have on current mechanical power press ANSI B11.1–2001 standard. See power press rule)?
use. § 1910.217(h)(4). Should OSHA retain 24. Are there estimates of the cost
11. Are there other developments in these requirements or something savings of using PSDI systems more
the use of mechanical power presses similar? Why? Would removing these widely? Are there mechanical power
that are relevant for OSHA’s provisions adversely impact employee presses where PSDI would provide few
development of a proposal? For safety or are these provisions or no cost savings?
example, the Section 610 review unnecessary given the PSDI systems 25. OSHA’s Section 610 review of the
indicated that computer-controlled currently available? mechanical power press rule indicated
presses are increasingly common. How 17. OSHA currently limits PSDI that in many cases mechanical power
has the increased use of computer- systems to normal production presses are being replaced with
controlled presses—as well as other operations (and not die-setting or hydraulic presses. How widespread is
technological developments—affected maintenance procedures). See this trend and what are the reasons for
safety and productivity in the § 1910.217(h)(1)(v). Should OSHA it? How much of this is related to
workplace? continue this limitation? Why? underlying technological and economic
12. The current OSHA standard 18. Are there any guarding methods or trends?
permits any person to reconstruct or safety equipment in use today not
modify a mechanical power press as covered by OSHA’s current standard? E. Training Requirements
long as the reconstruction or Please supply OSHA with information 26. OSHA’s current standard at
modification is performed in accordance about them. Does the current standard § 1910.217(f) requires employers to train
with § 1910.217(b). The ANSI B11.1– cover any guarding method or safety employees on safe methods of work.
2001 standard permits only suppliers to equipment no longer in use? However, the standard does not spell
reconstruct or modify a mechanical 19. Are there any guarding methods or out specific training or retraining
power press, as in ANSI B11.1–2001 safety equipment in use today that the requirements. Should OSHA change its
paragraphs 4.1 through 4.1.3 [Ex. current ANSI standard does not existing performance-oriented approach
OSHA–2007–0003–0003]. Should address? Does the current ANSI with specific training and retraining
OSHA similarly limit press standard cover any guarding method or provisions? Why?
reconstruction and modification to the safety equipment no longer in use? 27. The ANSI B11.1–2001 standard
supplier of the equipment? Why? 20. OSHA’s current standard has no includes more detailed training
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Should a revised OSHA standard specific provisions covering computer- requirements than the OSHA standard
address the qualifications of persons controlled mechanical power presses. [Ex. OSHA–2007–0003–0003]. Should
who reconstruct or modify mechanical To what extent are employers using OSHA adopt ANSI’s approach to
power press equipment? computer-controlled mechanical power training? Why?
13. OSHA’s current standard requires presses? Are these types of presses 28. Are there any training or
third-party validation for PSDI such that becoming more common? What retraining requirements that are not

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found in the OSHA or ANSI standards inspections, tests, and maintenance on Federal eRulemaking Portal; (2) by
that OSHA should include in the the clutch/brake mechanism, antirepeat facsimile (FAX); or (3) by hard copy. All
updated standard? If so, what are they feature and single stroke mechanism; comments, attachments and other
and why should OSHA include them? these inspections and tests must occur material must identify the Agency name
Are there any training or retraining at least once a week. As with the and the OSHA docket number for this
requirements that are found in the ANSI certification required by paragraph rulemaking (OSHA Docket No. OSHA–
standard that OSHA should not include (e)(1)(i), the record must contain: The 2007–0003). You may supplement
in the updated standard? If so, what are date of the inspection, test or electronic submissions by uploading
they and why should OSHA not include maintenance; the signature of the person document files electronically. If,
them in the updated standard? performing the inspection, test, or instead, you wish to mail additional
29. OSHA’s current standard does not maintenance; and the serial number or materials in reference to an electronic or
specify how often training should occur. other identifier of the press. Should fax submission, you must submit three
Should OSHA specifically require OSHA include these requirements in a copies to the OSHA Docket Office (see
annual or semiannual training? Should revised standard? Why? Should OSHA ADDRESSES section). The additional
retraining only be required when require employers to maintain any materials must clearly identify your
employees are observed improperly additional information in the records, electronic comments by name, date, and
operating equipment, or are there other such as the types of repairs made, or is docket number so OSHA can attach
times when employees should be there information that should not be them to your comments.
retrained? specifically required? Is a signature of Because of security-related
30. When OSHA adopted the PSDI the person performing the inspection, procedures, the use of regular mail may
provisions, it also added specific test, or maintenance necessary or would cause a significant delay in the receipt
training requirements for employers the name suffice for the record? of comments. For information about
using PSDI systems. See 35. Currently, ANSI B11.1–2001 security procedures concerning the
§ 1910.217(h)(13). Are those specifies that an inspection program be delivery of materials by hand, express
requirements sufficient to ensure established with ‘‘regular’’ inspection of delivery, messenger or courier service,
operators are effectively trained in PSDI presses, but does not specify the time please contact the OSHA Docket Office
operation? Should OSHA expand or frames for such inspections [Ex. OSHA– at (202) 693–2350 (TTY (877) 889–
reduce the training requirements for 2007–0003–0003]. Also, ANSI B11.1– 5627).
PSDI systems? 2001 does not specify what information Comments and submissions are
31. The current standard requires at employers should maintain in posted without change at http://
§ 1910.217(h)(13)(ii) that employers inspection records [Ex. OSHA–2007– www.regulations.gov. Therefore, OSHA
certify employee training for PSDI. 0003–0003]. Should OSHA adopt cautions commenters about submitting
Should OSHA retain this requirement, ANSI’s performance-oriented approach personal information such as social
or require other training in a revised standard? Why? If OSHA security numbers and date of birth.
documentation? Why or why not? were to adopt provisions similar to the Although all submissions are listed in
ANSI provisions, how could the Agency the http://www.regulations.gov index,
F. Reporting and Recordkeeping
determine whether an employer’s some information (e.g., copyrighted
Requirements
material) is not publicly available to
32. The current standard requires at inspections were conducted at a
read or download through http://
§ 1910.217(h)(9)(ii)(B) that employers reasonable frequency?
36. OSHA’s current standard specifies www.regulations.gov. All submissions,
notify OSHA 3 months before the including copyrighted material, are
that each employer inspect and test each
operation of any alternative system to available for inspection and copying at
press at least once a week to determine
photo-electric light curtains. The the OSHA Docket Office. Information on
the condition of the clutch/brake
notification must include ‘‘the name of using the http://www.regulations.gov
mechanism, antirepeat feature and
the system to be installed, the Web site to submit comments and
single stroke mechanism. Should OSHA
manufacturer and the OSHA-recognized access the docket is available at the Web
expand or reduce the time interval
third-party validation organization site’s User Tips link. Contact the OSHA
between these inspections and tests?
immediately.’’ Should OSHA retain this Docket Office for information about
Should any other elements be inspected
requirement or a similar requirement in materials not available through the Web
or tested this frequently? Do any of
a revised standard? site and for assistance in using the
33. Paragraph § 1910.217(g) requires these elements need less frequent
inspection or testing? internet to locate docket submissions.
employers to report to OSHA within 30 Electronic copies of this Federal
days any point of operation injury to 37. ANSI B11.1–2001 permits users to
determine the content of inspections Register document are available at
operators or other employees. Do http://www.regulations.gov. This
employers also use this information for and testing [Ex. OSHA–2007–0003–
0003]. Should OSHA adopt this type of document, as well as news releases and
their own purposes? If so, how? Should other relevant information, also are
OSHA eliminate this requirement? Why performance-based approach in the
revised standard? How would OSHA available at OSHA’s Web page at http://
or why not? www.osha.gov.
34. Under paragraph (e)(1)(i), enforce such a requirement? Would
employers must maintain a certification adopting ANSI’s approach lead to more IV. Authority and Signature
record of periodic and regular press failures? Why? This document was prepared under
inspections of power presses. This III. Public Participation the direction of Edwin G. Foulke, Jr.,
certification must contain: The date of Assistant Secretary of Labor for
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the inspection; the signature of the Submission of Comments and Access to Occupational Safety and Health, 200
person who performed the inspection; Docket Constitution Avenue, NW., Washington,
and the serial number or other identifier You may submit comments in DC 20210. This action is taken pursuant
of the power press inspected. Similarly, response to this document (1) to sections 4, 6, and 8 of the
paragraph (e)(2)(ii) requires employers electronically at http:// Occupational Safety and Health Act of
to maintain a record of required www.regulations.gov, which is the 1970 (29 U.S.C. 653, 655, 657), Secretary

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30734 Federal Register / Vol. 72, No. 106 / Monday, June 4, 2007 / Proposed Rules

of Labor’s Order No. 5–2002 (67 FR and is now proposing its own FOIA (a) Days means calendar days when
65008), and 29 CFR part 1911. regulations. The proposed regulations ODNI is operating and specifically
Signed at Washington, DC, this 29th day of address all aspects of FOIA processing, excludes Saturdays, Sundays, and legal
May 2007. including how and where to submit public holidays;
Edwin G. Foulke, Jr., FOIA requests, fees for record services, (b) Control means actual possession
Assistant Secretary of Labor.
procedures for handling business and ownership or the authority of ODNI
information, requests for expedited pursuant to federal statute or privilege
[FR Doc. E7–10655 Filed 6–1–07; 8:45 am]
processing and the right to appeal to regulate official or public access to a
BILLING CODE 4510–26–P
denials of information. particular record or records. It does not
Therefore, as discussed in the establish an obligation to create any
preamble, and under the authority of the record or data compilation, although
OFFICE OF THE DIRECTOR OF Intelligence Reform and Terrorism ODNI reserves the right to offer
NATIONAL INTELLIGENCE Prevention Act of 2004, Pub. L. 108– production of a compilation as an
458, 118 Stat. 3638, the ODNI proposes alternative to production of records;
32 CFR Chapter XVII to establish 32 CFR Chapter XVII and (c) Direct costs means those
Freedom of Information Act add part 1700 to read as follows: expenditures which ODNI actually
Regulations CHAPTER XVII—OFFICE OF THE incurs in the processing of a FOIA
DIRECTOR OF NATIONAL INTELLIGENCE request; it does not include overhead
AGENCY: Office of the Director of factors such as space;
National Intelligence. PART 1700—PROCEDURES FOR (d) Pages means paper copies of
ACTION: Notice of proposed rulemaking. DISCLOSURE OF RECORDS UNDER standard office size or the dollar value
THE FREEDOM OF INFORMATION ACT equivalent in other media;
SUMMARY: This proposed regulation will
(e) Reproduction means generation of
provide the public the guidelines under Sec.
1700.1 Authority and purpose. a copy of a requested record in a form
which the Office of the Director of appropriate for release;
National Intelligence will implement 1700.2 Definitions.
1700.3 Contact for general information and (f) Review means all time expended in
the Freedom of Information Act, 5 requests. examining a record to determine
U.S.C. 552. 1700.4 Suggestions and complaints. whether any portion must be withheld
DATES: Submit comments on or before 1700.5 Preliminary information. pursuant to law and in effecting any
July 5, 2007. 1700.6 Requirements as to form and required deletions but excludes
ADDRESSES: You may submit comments content.
1700.7 Fees for records services. personnel hours expended in resolving
by any of the following methods: 1700.8 Processing of requests for records. general legal or policy issues; it also
Federal eRulemaking Portal: http:// 1700.9 Action on the request. means personnel hours of professional
www.regulations.gov. Follow the 1700.10 Payment of fees, notification of time;
instructions for submitting comments. decision, and right of appeal. (g) Search means all time expended in
Mail: Chief FOIA Officer c/o Director 1700.11 Procedures for business looking for and retrieving material that
of Intelligence Staff, Office of the information. may be responsive to a request utilizing
Director of National Intelligence, 1700.12 Procedures for information
concerning other persons.
available paper and electronic indices
Washington, DC 20511. and finding aids; it also means
1700.13 Allocation of resources.
FOR FURTHER INFORMATION CONTACT: Mr. 1700.14 Requests for expedited processing. personnel hours of professional time or
John F. Hackett, (703) 482–1707. 1700.15 Right of appeal and appeal the dollar value equivalent in computer
SUPPLEMENTARY INFORMATION: The Office procedures. searches;
of the Director of National Intelligence 1700.16 Action by appeals authority. (h) Employee or staff member means
(ODNI) was created by the Intelligence Authority: 5 U.S.C. 552, 50 U.S.C. 401– any employee, detailee, assignee,
Reform and Terrorism Prevention Act of 442; Pub L. 108–458, 188 Stat. 3638. employee of a contracting organization
2004, Public Law 108–458, 118 Stat. or independent contractor of the ODNI
§ 1700.1 Authority and purpose.
3638. The first Director of National or any of its component organizations,
Intelligence, Ambassador John D. (a) Authority: This part is issued unless otherwise excepted;
Negroponte, was sworn into Office on under the authority of and in order to (i) Expression of interest means a
April 21, 2005, and the ODNI began implement the Freedom of Information written or electronic communication
operations on April 22, 2005. Because Act, as amended, 5 U.S.C. 552; the submitted by any person requesting
the majority of documents held by the National Security Act of 1947, as information on or concerning the FOIA
ODNI at its inception were previously amended, 50 U.S.C. 401–442; and the program, the availability of documents
maintained by the Central Intelligence Intelligence Reform and Terrorism from ODNI, or both;
Agency (CIA), and because the ODNI Prevention Act of 2004, Pub. L. 108– (j) Fees means those direct costs
did not have a FOIA staff upon stand- 458, 118 Stat. 3638. which may be assessed a requester
(b) Purpose in general. This part considering the categories established
up, the CIA agreed to handle the
prescribes procedures for: by the FOIA; requesters should submit
administrative aspects of the ODNI’s (1) ODNI administration of the FOIA;
FOIA processing. Through this (2) Requesting records pursuant to the information to assist the ODNI in
arrangement, the ODNI makes all legal FOIA; and determining the proper fee category and
decisions regarding the handling of (3) Filing an administrative appeal of the ODNI may draw reasonable
FOIA requests for ODNI records and the an initial adverse decision under the inferences from the identity and
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CIA assists with the administrative tasks FOIA. activities of the requester in making
associated with processing FOIA such determinations; the fee categories
requests, including the intake and § 1700.2 Definitions. include:
tracking of requests, as well as drafting For purposes of this part, the (1) Commercial: A request in which
correspondence to requesters. The ODNI following terms have the meanings the disclosure sought is primarily in the
has gradually built up its FOIA program indicated: commercial interest of the requester and

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