[Federal Register Volume 59, Number 115 (Thursday, June 16, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-14377] [[Page Unknown]] [Federal Register: June 16, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 214 FRA Docket No. ROS-2, Notice No. 4 RIN 2130-AA91 Bridge Worker Safety Rules AGENCY: Federal Railroad Administration (FRA), DOT. ACTION: Final Rule; correction and petition for reconsideration. ----------------------------------------------------------------------- SUMMARY: On June 24, 1992, FRA published safety standards for the protection of those who work on railroad bridges (49 CFR Part 214). FRA now corrects certain sections of that regulation, and changes or clarifies certain requirements in response to a petition for reconsideration filed by the Association of American Railroads (AAR). First, three sections have been corrected by adding citations to reflect the most recent American National Standards Institute (ANSI) standards for personal protective equipment. Second, the rule now sets forth conditions under which employees specially-designated as bridge inspectors may work without fall protection. Third, the rule no longer requires toeboards on walkways, and in certain instances permits work without fall protection on roadways attached to a railroad bridge. Finally, FRA clarifies that railroads and their contractors must require the use of protective footwear, but need not necessarily furnish it, which reflects current practice in the railroad, construction, and other industries where such equipment is necessary. DATES: Effective Date: The effective date of this regulation is on July 18, 1994. The incorporation by reference of certain publications listed in this regulation is approved by the Director of the Federal Register as of July 18, 1994. ADDRESSES: Any petition for reconsideration should be submitted to the Docket Clerk, Office of Chief Counsel, FRA, 400 Seventh Street, SW., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: William O'Sullivan, Chief, Office of Safety Track Division, 400 Seventh Street, SW., Washington, DC 20590 (Telephone: 202-366-0499), Gordon Davids, Office of Safety Enforcement, FRA, 400 Seventh Street, SW., Washington, DC 20590 (Telephone: 202-366- 0499), or Christine Beyer, Trial Attorney, Office of Chief Counsel, FRA, 400 Seventh Street, SW., Washington, DC 20590 (Telephone: 202-366- 0621). SUPPLEMENTARY INFORMATION: On June 24, 1992, FRA published the Bridge Worker Safety Rules (57 FR 28116) that established requirements for the protection of those railroad and railroad contractor employees who work on railroad bridges. The rule included provisions for personal fall arrest systems, safety nets, personal protective equipment (head, face, eye, and foot equipment), contingencies for working adjacent to water, and standards for walkways, railings, and scaffolds. The regulations went into effect on September 24, 1992. However, in order to provide the industry additional time to obtain complying equipment and adequately train workers, FRA suspended the effective date of the sections requiring fall protection (i.e., sections 214.103 and 214.105) until November 24, 1992. (57 FR 45326.) On August 10, 1992, the AAR filed a petition seeking reconsideration (petition) of the bridge worker safety rules. In that petition, the AAR sought reconsideration of 49 CFR 214.101(d), 214.103(b), and 214.103(c). After careful consideration and for the reasons set forth below, FRA denied the AAR's request with respect to section 214.101(d), partially granted the request with respect to section 214.103(b), and granted the request with respect to section 214.103(c). (FRA formally responded to the petition by letter to the AAR dated January 11, 1993, a copy of which is in the docket of this matter.) The AAR petition first suggests that section 214.101(d) violates the Rail Safety Improvement Act of 1988 (RSIA) and the Administrative Procedure Act (APA), and therefore should be withdrawn. Section 214.101(d) states that ``[A]ny working conditions involving the protection of railroad employees working on railroad bridges not within the subject matter addressed by this Chapter'' shall be governed by the regulations of the Occupational Safety and Health Administration (OSHA). This section is merely a restatement of the law as it stands with respect to occupational safety and health matters in the railroad environment, and was added to the final rule in order to alleviate the jurisdictional confusion expressed by rail labor and management prior to promulgation of the rule. FRA has explained the complementary jurisdiction it shares with OSHA with respect to health and safety matters in the railroad industry in its Statement of Policy (Policy Statement) (43 FR 10583) published in 1978, more recently in the Notice of Proposed Rulemaking (NPRM) (56 FR 3434) in this proceeding, and on numerous other occasions. However, a discussion of the statutory jurisdiction each agency possesses and the exercise of that authority is necessary to explain the basis for FRA's response to this aspect of the AAR's petition. The Occupational Safety and Health Act (OSH Act) vests OSHA with responsibility for promulgating and enforcing workplace safety and health standards. However, in recognition that other Federal agencies possess parallel, industry-specific authority over occupational safety and health, section 4(b)(1) provides that no OSHA rules shall apply to working conditions of employees with respect to which other Federal agencies . . . exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health. 29 U.S.C. Sec. 653(b)(1). The exercise of authority contemplated by this provision is one that results in a Federal regulation for on-the- job protection of worker safety or health or a determination that a particular form of regulation is not appropriate. The Federal Railroad Safety Act of 1970 (``FRSA'') grants FRA broad authority to prescribe standards in ``all areas of railroad safety.'' 45 U.S.C. Sec. 431(a). Pursuant to that authority, in 1975, FRA published an advance notice of proposed rulemaking indicating its intention to develop its own set of occupational safety and health standards that would, in toto, displace OSHA's regulatory program. 40 FR 10693 (March 7, 1975). After consideration of the record developed, however, FRA reduced the scope of its efforts. In 1976, FRA published in that docket a notice of proposed rulemaking stating its intention to issue specific occupational safety and health standards on only three subjects for railroad employees (egress from structures, general environmental controls, and fire protection) that would displace otherwise applicable OSHA standards. 41 FR 29153 (July 15, 1976). FRA also indicated its intention to incrementally issue a comprehensive code of such standards for railroad employees that would gradually displace OSHA standards. FRA contemplated that these FRA standards would apply on a territorial instead of a hazard-specific basis. In 1978, FRA sharply changed course: it terminated the regulatory proceeding and issued a Policy Statement instead of pursuing a comprehensive code of FRA occupational safety and health standards. 43 FR 10583 (March 14, 1978). In explaining its action, FRA stated: * * * Written comments in response to [the 1976] proposal were received, and a public hearing was conducted. The FRA has reviewed not only these comments, but also the entire original concept as to the adoption of a comprehensive code of occupational safety and health standards for the railroad industry paralleling the existing OSHA regulations. * * * * * * * * [G]iven the present staffing level for field investigation and inspection, the FRA has determined that, at this time, it would not be in the best interests of the public and of railroad safety for this agency to become involved extensively in the promulgation and enforcement of a complex regulatory scheme covering in minute detail as do the OSHA standards, working conditions which, although located within the railroad industry, are in fact similar to those of any industrial workplace. Rather, we believe that the proper role for FRA in the area of occupational safety in the immediate future is one that will concentrate our limited resources in addressing hazardous working conditions in those traditional areas of railroad operations in which we have special competence. Id. at 10584-85. Thus, contrary to its original intent, FRA's determination in 1978 was generally to leave OSHA standards in place in the railroad industry. The Policy Statement defined ``railroad operations'' as the ``movement of equipment over rails'' (Id.), and rejected a ``territorial'' approach to delineating those working conditions over which FRA would exercise its jurisdiction from those that would remain under OSHA's control. Id. at 10587. FRA did not want to duplicate capabilities ``already possessed by OSHA'' and stated: FRA recognizes that OSHA is not precluded from exercising jurisdiction with respect to conditions not rooted in railroad operations nor so closely related to railroad operations as to require regulation by FRA in the interest of controlling predominant operational hazards. Id. Therefore, until FRA exercises its statutory authority with respect to given working conditions through promulgation of a standard or through an expression that regulation is unnecessary or would be counterproductive, existing OSHA standards apply in the railroad workplace. In support of its claim to withdraw section 214.101(d), the AAR alleges that because section 19 of the RSIA requires FRA to issue rules, as necessary, for the protection of maintenance-of-way employees on railroad bridges, FRA is the exclusive Federal agency to regulate this subject matter. Also, the AAR states that FRA does not have the discretion ``to delegate to OSHA a portion of its responsibility to regulate bridge worker safety.'' FRA has not delegated any authority to OSHA through publication of section 214.101(d); characterizing section 214.101(d) as a delegation is simply a misstatement of FRA's relationship with OSHA and OSHA's existing authority to regulate occupational safety and health matters in every American workplace. Rather, FRA has purposefully chosen not to exercise its authority over certain working conditions that OSHA also has the authority to regulate, and over which OSHA has comprehensively exercised its authority. The AAR also argues that FRA violated the APA by not seeking public comment on section 214.101(d), and that this section represents ``a radical departure'' from the NPRM and long-standing policy. On the contrary, this section accurately reflects an extensive discussion in the preamble of the NPRM and its inclusion in the rule text is in direct response to written comments submitted to the docket during the rulemaking. Clearly, those commenters knew the matter was at issue. Notice and comment would be required if section 214.101(d) represented a new regulatory scheme for the enforcement of occupational safety and health standards in the railroad workplace. Clearly, that is not the case. Section 214.101(d) is a statement of FRA's interpretation of the law and is wholly consistent with FRA's previous interpretive statements. From as long ago as publication of the Policy Statement in 1978, FRA has stated that it will exercise authority over working conditions intrinsic to or closely related to railroad operations requiring FRA's unique expertise, and has exercised its authority in some of those areas. All other occupational safety and health matters continue to be governed by OSHA where that agency has exercised its authority over a specific working condition. The AAR concludes that the Policy Statement makes ``the regulation of areas along railroad operating rights-of-way * * * exclusively the province of FRA.'' This conclusion is incorrect, as it embodies the very ``territorial'' approach to jurisdiction FRA rejected in 1978. The AAR chooses to misconstrue the functional distinction drawn by the Policy Statement as a territorial division of jurisdiction (``fixed facilities such as offices and shops'' as OSHA's versus ``areas along railroad operating rights-of-way'' as FRA's), which it explicitly is not. For instance, as the NPRM in this proceeding clearly states (56 FR 3435), the Policy Statement divested OSHA of authority to regulate the surfaces on railroad bridges, such as track and signal structures, but did not oust OSHA entirely from regulating any working condition that arises on a railroad bridge, as the AAR argues. Also, the plain language of the Policy Statement left the regulation of personal protective equipment with OSHA until FRA chose to exercise its authority in that regard. 43 FR 10583, 10588 (March 14, 1978). In promulgating the initial final rule, FRA methodically considered the hazards bridge work poses; exercised its authority to regulate the use of certain personal protective equipment; and left other working conditions (for instance, exposure to airborne toxins and attendant respirator use) under existing applicable OSHA standards. The areas left to OSHA are those in which FRA neither has, nor can quickly acquire, the expertise necessary for effective implementation of relevant standards. Were FRA to include such matters within its rule without the ability to enforce the relevant standards, it would, as a practical matter, be creating a gap in the protection of railroad workers, which it does not want to do. Moreover, but for respiratory protection, which FRA proposed to include in its rule but ultimately decided to leave to OSHA, FRA never even proposed standards on the matters section 214.101(d) specifies as being included within the areas left to OSHA (i.e., hazard communications, hearing protection, welding and lead exposure standards). Section 214.101(d) merely states the relationship between FRA's substantive standards and OSHA's; it does not impose a new substantive burden. Whatever substantive burdens OSHA's rules place on railroads are the result of OSHA's exercise of its authority prior to issuance of FRA's rule. This section only attempts to clarify which of those pre- existing standards still apply even after the issuance of FRA's final rule, which displaces some of them. Section 214.101(d) imposes no new substantive burdens and, accordingly, notice and comment was not necessary prior to issuance of this essentially interpretive rule. Nevertheless, there can be no doubt that the NPRM invited comment on where the jurisdictional lines should be drawn and demonstrated FRA's intent to clarify it. FRA stated: Thus, one question is whether the occupational safety issues presented by work on railroad bridges are so inherent to the railroad environment that FRA alone should regulate them, or whether they cut across industry lines without raising special concerns in the railroad context and thus are properly addressed by general OSHA standards. 56 FR 3434. FRA noted that there was considerable confusion about which OSHA standards applied and that it had placed in the docket various legal memoranda from railroads and railroad associations on this issue. FRA then stated: ``[T]he appropriate federal standards for personal protection, and the identity of the agency responsible for their enforcement, must be crystal clear.'' 56 FR 3435. No participant in the rulemaking can be heard to complain about FRA's having provided the clarification it promised. Therefore, although notice of this interpretive rule was not required, it was effectively provided. Section 214.101(d) does not reverse long-standing policy or law, does not violate the RSIA or APA and, therefore, will not be withdrawn. Second, the AAR's petition asserts that the exemption in section 214.103(b) for instances where the installation of fall protection poses a greater risk than working without protection should be expanded to include instances where the installation and use of fall protection poses a greater risk. FRA does not believe there are compelling reasons to enlarge this exception to the fall protection requirement with respect to all railroad bridge workers. The examples cited by the AAR in their petition (fire fighting, re-railing cars, working with moving equipment) as instances where the use of fall protection equipment may pose a greater risk than completing the work without fall protection are not persuasive. FRA believes that for each of these situations installation of fall protection equipment is the most difficult part of the process, and that once installed does not interfere in the work to be done. In other words, if installation can be accomplished, the duties to be performed once protection is in place can also be accomplished. The AAR states that workers need to be able to move away from these hazards quickly and easily. However, once installed, safety nets, walkways, and fall arrest systems provide ample freedom of movement. The only fall protection device that may present questions in this regard is the personal fall arrest system, and given new designs that encompass the peculiarities of railroad bridge structures and points of attachment, these devices can be installed to allow prompt and careful movement. Therefore, FRA is not willing to expand the fall protection exception set out in section 214.103(b) for all bridge workers. However, FRA does believe that this exception should be broadened to permit railroad bridge inspectors to work without installing or using fall protection systems, so long as certain criteria are met. Employees performing inspections of railroad bridges must climb to all points above and below the bridge deck, as well as along the deck, and must be free to reach points on the structure that are accessed infrequently and with difficulty, and then only for inspection purposes. FRA believes that in some instances the use of fall protection could heighten the chance of injury for the inspector. Also, a blanket fall protection requirement could result in incomplete bridge inspections, a fact that raises additional safety concerns for fellow employees and the public. Therefore, persons who are capable of climbing on bridges, and who have been specifically qualified and designated by the railroad or railroad contractor, may perform bridge inspections without the installation and use of fall protection required under this regulation, provided the conditions set forth below are met. In order to qualify for the installation and use exception now set forth in section 214.103(b)(2), the railroad or contractor using the exception must have a comprehensive written program in place that addresses pertinent climbing techniques and applicable safety equipment. The employee to whom the exception applies must be trained and qualified according to that program to conduct bridge inspections. Also, this employee must be formally designated by the railroad or contractor as one who will perform bridge inspections and voluntarily accepts the designation. The reason for this requirement is to prevent an employer from maintaining an informal bridge inspection program typified by on-the-spot designations of employees who lack training and who are uncomfortable working at heights without protection. Section 214.103(b)(2)(D) requires that the employee must actually be engaged in the inspection of the bridge or its components while the exception applies. Should this employee move to another duty on the bridge, fall protection would be required. Finally, the employee to whom the exception applies must be familiar with the appropriate climbing technique needed to scale safely the structure involved, and must be provided any generic, alternative or specialized equipment needed to complete the climb efficiently and safely. For instance, some railroads are training their bridge inspectors in rock climbing techniques and systems. If rock climbing techniques are used by a bridge inspector during the inspection, the appropriate equipment must also be provided. The AAR also requests that FRA eliminate the requirement of toeboards on bridge walkways found in section 214.103(c). In support of its request, the AAR states that toeboards are not normally found on railroad bridges, and because they would permit snow, ice, and debris to accumulate on walkways, will present tripping or falling hazards. FRA agrees, and is removing the toeboard requirement from section 214.103(c). Therefore, fall protection will no longer be required where a bridge is equipped with secure walkways and railings that meet the remaining criteria set forth in section 214.103(c). Toeboards are used traditionally as a method to prevent tools from falling rather than as a fall protection device. Recognizing that falling tools present hazards to those who work at levels below the walkway, FRA believes that the dangers created by the presence of toeboards exceed those associated with not requiring them. Also, nearly all railroad bridges equipped with secure walkways and railings do not also possess toeboards. Therefore, the substitution of walkways for personal fall arrest systems and safety nets permitted by section 214.103(c) as originally written is largely unusable. FRA also makes a clarification with respect to walkways in section 214.103(c). Many railroad bridges now include vehicular roadways replacing second or multiple railroad tracks that have been removed. For the purposes of this rule, FRA views these roadways as walkways. These roadways are at least as stable as the typical walkway built beside track on a railroad bridge, and footing and movement on these roadways is as secure as on a walkway or on the track portion of the railroad bridge. Because of these safety factors, FRA believes that employees working or moving at least six feet from the edge of such a roadway are not at risk of falling over the side of the bridge. Therefore, where employees are six or more feet from the edge of a vehicle roadway, fall arrest systems, safety nets, railings and handrails are not required. Section 214.103(c)(2) now permits work without fall protection on roadway bridges so long as employees remain at least six feet from the edge of the roadway. Also, FRA is clarifying the rule with respect to personal protective equipment. FRA has received questions from the regulated community concerning the interplay of sections 214.111 and 214.115. To alleviate any confusion, section 214.111 has been clarified by stating that railroads and their contractors must require the use of protective footwear, but need not necessarily furnish that equipment. As written, section 214.115 of the final rule clearly states that employers must require workers to wear foot protection, but does not contain the requirement present in the other personal protective equipment sections stating the ``employees shall be provided'' such equipment. Section 214.111, which sets out personal protection standards generally, appears to contradict section 214.115 by stating that the railroads and contractors ``must provide and require the use of'' the equipment required by Subpart B of the rule, including footwear. That contradiction is now removed. The practical difference involved here, as in other industries, is that footwear is a personal item that the employer cannot reasonably be required to retain in stock, while other safety items are easily supplied with a store of backup units should they be required. Therefore, section 214.111 is amended to exclude protective footwear from the group of personal protective devices that the railroads and their contractors must provide. This change reflects the status of protective footwear in the railroad, construction, and other industries where the equipment is needed, reiterates FRA's original intent, and does not in any way interfere with collective bargaining agreements that address who ultimately bears the expense for personal protective equipment. Finally, FRA is correcting sections 214.113, 214.115, and 214.117 by replacing outdated ANSI references with the most recent standards for head, foot, and eye and face protection. As noted by commenters to the NPRM, these new standards were generally used in industry when the NPRM and final rule were published, but FRA erroneously printed outdated standards. Regulatory Impact E.O. 12866 and DOT Regulatory Policies and Procedures This correction of the final rule has been evaluated in accordance with existing policies and procedures and is not considered significant under Executive Order 12866 or under DOT policies and procedures. The minor technical changes made in this amendment will not increase the costs or alter the benefits associated with this regulation to any measurable degree. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) requires a review of rules to assess their impact on small entities. This amendment to the final rule removes a requirement originally placed on railroads and their contractors and clarifies an existing requirement. The changes will have no new direct or indirect economic impact on small units of government, businesses, or other organizations. Therefore, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the provisions of the Regulatory Flexibility Act. Paperwork Reduction Act There are no paperwork requirements associated with this amendment of the final rule. Environmental Impact FRA has evaluated this amendment in accordance with its procedures for ensuring full consideration of the environmental impact of FRA actions, as required by the National Environmental Policy Act (42 U.S.C. 4321 et seq.), other environmental statutes, Executive Orders, and DOT Order 5610.1c. The amendment meets criteria establishing this as a nonmajor action for environmental purposes. Federalism Implications This amendment will not have a substantial effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Thus, in accordance with Executive Order 12612, preparation of a Federalism Assessment is not warranted. List of Subjects in 49 CFR Part 214 Bridges, Incorporation by reference, Occupational safety and health, Personal protective equipment, Railroad operating practices, Railroad safety, Scaffolding. The Final Rule In consideration of the foregoing, Part 214, Title 49, Code of Federal Regulations is amended as follows: 1. The authority for this part continues to read as follows: Authority: 45 U.S.C. 431, 438, as amended; 49 CFR 1.49(m). 2. By amending Sec. 214.103 to revise paragraphs (b) and (c) to read as follows: Sec. 214.103 Fall protection, generally. * * * * * (b)(1) This section shall not apply if the installation of the fall arrest system poses a greater exposure to risk than the work to be performed. In any action brought by FRA to enforce the fall protection requirements, the railroad or railroad contractor shall have the burden of proving that the installation of such device poses greater exposure to risk than performance of the work itself. (2) This section shall not apply to employees engaged in inspection of railroad bridges conducted in full compliance with the following conditions: (i) the railroad or railroad contractor has a written program in place that requires training in, adherence to, and use of safe procedures associated with climbing techniques and procedures to be used; (ii) the employee to whom this exception applies has been trained and qualified according to that program to perform bridge inspections, has been previously and voluntarily designated to perform inspections under the provisions of that program, and has accepted the designation; (iii) the employee to whom this exception applies is familiar with the appropriate climbing techniques associated with all bridge structures the employee is responsible for inspecting; (iv) the employee to whom this exception applies is engaged solely in moving on or about the bridge or observing, measuring, and recording the dimensions and condition of the bridge and its components; and (v) the employee to whom this exception applies is provided all equipment necessary to meet the needs of safety, including any specialized or alternative systems required. (c) This section shall not apply where employees are working on a railroad bridge equipped with walkways and railings of sufficient height, width, and strength to prevent a fall, provided that the employee does not work beyond the railings, over the side of the bridge, on ladders or other elevation devices, or where gaps or holes exist through which a body could fall. Where used in place of fall protection as provided for in Sec. 214.105, this paragraph (c) is satisfied by: (1) Walkways and railings meeting the standards set forth in the American Railway Engineering Association's Manual for Railway Engineering; and (2) Roadways attached to railroad bridges, provided that employees on the roadway deck work or move at a distance of six feet or more from the edge of the roadway deck, or from an opening through which a person could fall. * * * * * 3. By revising Sec. 214.111 to read as follows: Sec. 214.111 Personal protective equipment, generally. With the exception of foot protection, the railroad or railroad contractor shall provide and the employee shall use all appropriate personal protective equipment described in this subpart in all operations where there is exposure to hazardous conditions, or where this subpart indicates the need for using such equipment to reduce hazards to railroad employees. The railroad or railroad contractor shall require the use of foot protection when the potential for foot injury exists. 4. By amending Sec. 214.113 to revise paragraph (b) to read as follows and by removing paragraph (c): Sec. 214.113 Head protection. * * * * * (b) Helmets for the protection of railroad employees against impact and penetration of falling and flying objects, or from high voltage electrical shock and burns shall conform to the national consensus standards for industrial head protection (American National Standards Institute, American National Standard Z89.1-1986, Protective Headwear for Industrial Workers). This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the American National Standards Institute, 11 West 42nd Street, New York, NY 10036. Copies may be inspected at the Federal Railroad Administration, Docket Clerk, 400 7th Street, SW., Washington, DC, or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. 5. By amending Sec. 214.115 to revise paragraph (b) to read as follows: Sec. 214.115 Foot protection. * * * * * (b) Safety-toe footwear for railroad employees shall conform to the national consensus standards for safety-toe footwear (American National Standards Institute, American National Standard Z41-1991, Standard for Personal Protection--Protective Footwear). This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the American National Standards Institute, 11 West 42nd Street, New York, NY 10036. Copies may be inspected at the Federal Railroad Administration, Docket Clerk, 400 7th Street, SW., Washington, DC, or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. 6. By amending Sec. 214.117 to revise paragraph (b) to read as follows: Sec. 214.117 Eye and face protection. * * * * * (b) Eye and face protection equipment required by this section shall conform to the national consensus standards for occupational and educational eye and face protection (American National Standards Institute, American National Standard Z87.1-1989, Practice for Occupational and Educational Eye and Face Protection). This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the American National Standards Institute, 11 West 42nd Street, New York, NY 10036. Copies may be inspected at the Federal Railroad Administration, Docket Clerk, 400 7th Street, SW., Washington, DC, or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. Issued this 8th day of June, 1994. Jolene M. Molitoris, Administrator. [FR Doc. 94-14377 Filed 6-15-94; 8:45 am] BILLING CODE 4910-06-P