[Federal Register: December 7, 2000 (Volume 65, Number 236)]
[Rules and Regulations]
[Page 76563-76567]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de00-4]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. H-052G]
RIN 1218-AB90
Occupational Exposure to Cotton Dust
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Direct final rule; request for comments.
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SUMMARY: OSHA is issuing a direct final rule amending its occupational
health standard for Cotton Dust, which was issued in 1978 and amended
in 1985, to add cotton washed in a batch kier system to the types of
washed cotton partially exempt from the cotton dust standard. This
direct final rule follows the recommendation of the Task Force for
Byssinosis Prevention, formerly known as the Industry/Government/Union
Task Force for Washed Cotton Evaluation, which studies the health
effects associated with the processing and use of washed cotton. This
direct final rule is also consistent with a finding of OSHA's review of
the cotton dust standard conducted pursuant to Section 610 of the
Regulatory Flexibility Act and Section 5 of Executive Order 12866. See
also the companion documents published in the Proposed Rules and
Notices sections of today's Federal Register.
DATES: This direct final rule will be effective April 6, 2001 unless
significant adverse comments are received by February 5, 2001.
OSHA will publish a document in the Federal Register at least 30
days before the effective date of the direct final rule. The document
will either confirm the effective date of the final rule or, if
significant adverse comments are received, will withdraw the final
rule.
ADDRESSES: Comments should be sent in quadruplicate to Docket No. H-
052G, Docket Office, Room N2625; Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Ave., NW.,
[[Page 76564]]
Washington DC 20210, (202-693-2350). Alternatively, one paper copy and
one disc (31/2 inch floppy in WordPerfect 6.0, 8.0 or ASCII) may be
sent to the Docket Office mailing address; or one copy faxed to 202-
693-1648 and 3 paper copies mailed to the Docket Office mailing
address, or one copy E-mailed to ecomments.osha.gov and one paper copy
mailed to the Docket mailing address.
FOR FURTHER INFORMATION CONTACT: Dr. Steven Bayard, Director of the
Office of Risk Assessment, Occupational Safety and Health
Administration, U.S. Department of Labor, Room N-3718, 200 Constitution
Avenue, NW., Washington, DC 20210, telephone: (202) 693-2275.
SUPPLEMENTARY INFORMATION:
Introduction
This direct final rule adds one additional method of washing cotton
to the methods the rule already permits employers to use to achieve
partial exemption from the cotton dust standard (see paragraph (n), 29
CFR 1910.1043). The additional method of washing cotton addressed by
this notice is called batch kier washing, and a partial exemption from
the standard for cotton washed using this method is supported by
extensive scientific research, which has been published by the National
Institute for Occupational Safety and Health in ``Current Intelligent
Bulletin 56--WASHED COTTON. A Review and Recommendations Regarding
Batch Kier Washed Cotton'' (Ex. 3-3Q, Docket H-052F).
The change to the cotton dust standard achieved by this direct
final rule find is supported by the relevant government agencies,
industry groups, and the union representing textile workers. OSHA also
considered this issue when it conducted its recent Regulatory
Flexibility Act review (a section 610 ``lookback'' review) of the
cotton dust standard which involved the publication of a Federal
Register notice, the receipt of comments from interested parties, and
the holding of public meetings. OSHA is aware of no opposition to the
change that would be made by this direct final rule.
Therefore, OSHA considers this issue one that is appropriately
addressed through the direct final rule process. However, if OSHA
receives significant adverse comments on this direct final rule, it
will withdraw the rule. OSHA would then proceed with the proposal on
this matter published in the Proposed Rules section of today's Federal
Register. Pursuant to that document, the Agency will consider all
comments and evidence and determine whether to issue a subsequent final
rule on this matter.
Background
In 1971, the Occupational Safety and Health Administration (OSHA)
adopted a 1-mg/m3 (total dust) permissible exposure limit (PEL) for
cotton dust. Subsequent OSHA rulemaking led to the promulgation of a
comprehensive Federal occupational health standard for cotton dust in
1978 at 29 CFR 1910.1043 (43 FR 27351, June 23, 1978). In the 1978
standard, OSHA established different 8-hr time-weighted average (TWA)
PELs for gravimetrically measured airborne cotton dust for different
work areas of textile mills and included monitoring, medical,
recordkeeping and other requirements.
Based on ``the effectiveness of the washing process in
significantly reducing or eliminating the biological effects of cotton
dust,'' a provision of the 1978 standard exempted from the standard
cotton ``thoroughly washed in hot water'' and ``known in the cotton
textile trade as purified or dyed'' cotton (43 FR 27351, June 23,
1978).
However, not all washing methods are effective in significantly
reducing the biological effects of raw cotton, and some washing methods
leave the cotton unworkable for spinning or weaving. In 1980, the
tripartite ``Industry/Government/Union Task Force for Washed Cotton
Evaluation,'' currently known as the ``Task Force for Byssinosis
Prevention,'' was organized to study the issue of washed cotton and
byssinosis and to find methods of washing that reduce cotton's
biological effects yet leave the cotton workable. The Task Force
includes representatives from the National Institute for Occupational
Safety and Health (NIOSH), the Agriculture Research Service (U.S.
Department of Agriculture), Cotton Incorporated, the Cotton Foundation
(National Cotton Council), the American Textile Manufacturers
Institute, the Union of Needletrades, Industrial and Textile Employees
(UNITE) (the successor union to the Amalgamated Clothing and Textile
Workers Union (ACTWU)), and OSHA.
In 1985, on the basis of a review of the existing data, comments,
and Task Force recommendations, OSHA substantially revised the washed
cotton provision (1910.1043(n)) in the cotton dust standard (50 FR
51120, Dec. 13, 1985). The revised standard provides a complete
exemption only for ``medical grade (USP) cotton, that has been scoured,
bleached and dyed, and mercerized yarn'' (Paragraph (n)(3)). In
addition, the 1985 standard provides partial exemptions for cotton
washed in a continuous system, but provides no exemptions for batch
kier washed cotton.
Exemption from all requirements of the standard except for medical
surveillance, medical recordkeeping and certain appendices is provided
for higher grade cotton (low middling light spotted, or better, i.e.,
color grade code 52 or better and leaf grade code 5 or better according
to the current classification system (USDA 1993a)) that is washed: (1)
On a continuous batt system or rayon rinse system, (2) with water, (3)
at a temperature of no less than 60 deg.C, (4) with a water-to-fiber
ratio of no less than 40:1, and (5) with bacterial levels in the wash
water controlled to limit bacterial contamination of cotton (paragraph
(n)(4) of the standard).
Lower grade cotton (i.e., below color grade code 52 or below leaf
grade code 5 by the current classification system) that is washed as
specified in the preceding paragraph for higher grade washed cotton and
that is also bleached is exempted from all requirements of the standard
except for medical surveillance, recordkeeping, exposure monitoring and
compliance with a 500 g/m3 PEL for airborne dust measured by
the vertical elutriator sampler, and certain appendices (paragraph
(n)(5)). With respect to washed cotton of mixed grades, the 1985
revised standard specifies that the requirements for the grade with the
most stringent requirements would apply (paragraph (n)(6)).
Early batch kier washing trials were performed on systems involving
hand loading of cotton fiber without prior mechanical opening or
prewetting. Use of this approach resulted in the incomplete wetting of
cotton fibers during the washing process, which probably explains the
higher dust levels and the human reactivity observed in these early
studies of batch kier washing.
In 1988, Task Force investigators visited two companies utilizing
batch kier processes with automated systems for mechanically opening
and thoroughly wetting cotton fiber during the kier-loading process
(Perkins & Berni, 1991, Ex.3-30). To evaluate the effectiveness of
batch kier washing using this state-of-the-art opening and wetting
technology, arrangements were made to wash cotton on one of these
commercial systems for comparison with the same cotton washed using the
continuous process partially exempted by the revised 1985 standard.
Washings in the batch kier system were done
[[Page 76565]]
under two different sets of conditions: (1) at 60 deg.C with a 50:1
water-to-fiber ratio, and (2) at 93 deg.C with a 17:1 water-to-fiber
ratio. The study used cotton of grade code 52 to serve as a worst case
test.
The study demonstrated that washing in the batch kier system under
the conditions described above resulted in a substantial and
statistically significant reduction (a reduction of at least 50%) of
card-generated airborne cotton dust under both conditions. In addition,
the three different wash treatments (two types of batch kier and
continuous batt) were highly effective and statistically equivalent in
reducing the endotoxin content of card-generated airborne elutriated
dust. As a result, the concentration of airborne endotoxin was very
effectively reduced by all three washing methods, from more than 300
ng/m3 for the unwashed cotton (at a dust level of 1.98 mg/m3) to less
than 10 ng/m3 for each of the washed cottons (at dust levels ranging
from 0.35 mg/m3 to 0.89 mg/m3).
These low airborne endotoxin levels generated during card
processing of the washed cottons were all below a relative
``threshold'' for acute airway response in humans described previously
by NIOSH investigators in this same setting (Castellan et al. 1987, Ex.
3-5). Most investigators believe that keeping endotoxin levels low is
crucial to avoiding byssinosis.
To further assess the effectiveness of washing cotton in modern
batch kier systems, another blend of predominantly color grade code 52
and leaf grade code 5 cotton (grown in Texas) was washed on a batch
kier system operated by another company (Jacobs et al. 1993, Ex. 3-19;
Perkins and Olenchock 1995, Ex. 3-31). Washing, done at 60 deg.C and
using a 40:1 water-to-fiber ratio, as stipulated in the revised 1985
standard for continuous wash systems, and at 93 deg.C and a 17:1
water-to-fiber ratio, resulted in a reduction of at least 50% in dust-
generating capacity (compared with that of the unwashed cotton) under
identical carding rates and ventilation conditions.
On the basis of human ventilatory responses to experimental
exposures to dust from this washed cotton, Jacobs and colleagues
concluded that these results ``suggest that modern batch kier systems
can effectively remove the acute pulmonary toxicity of cottons washed
at 60 deg.C and a 40:1 water-to-fiber ratio'' (Jacobs et al. 1993, Ex.
3-19, p. 276).
A substantial body of experimental evidence now exists on this
issue. The evidence indicates that, with respect to the removal of
potential respiratory toxicity, cotton washed in batch kier systems
(using modern equipment that assures thorough wetting of the cotton
fiber and no reuse of wash or rinse water) is equivalent to cotton
washed on a continuous batt system, which was approved by OSHA for
partial exemption under the washed cotton provisions (paragraph (n)) of
the current cotton dust standard.
During OSHA's review of the Cotton Dust standard pursuant to
Section 610 of the Regulatory Flexibility Act and E.O. 12866, OSHA
requested comment on the washed cotton issue (63 FR 34140, June 23,
1998). OSHA received written comment from interested parties on the
standard generally and on this issue, and held two public meetings in
connection with the review. Based on the evidence discussed above, both
the industry/government/union ``Task Force for Byssinosis Prevention''
Ex. (3-5F) and NIOSH (Ex. 3-3) submitted comments recommending that
cotton washed in a batch kier system be treated by the standard in the
same way as cotton mildly washed in a continuous system. The National
Cotton Council of America urged OSHA in written comments and at a
public meeting to amend the standard to partially exempt cotton washed
in a batch kier system (Ex. 3-5). These comments and the Task Force
report (Ex. 3-5Q) are located in OSHA's Docket Office, Docket No. H-
052-F.
OSHA has now completed its lookback review of the cotton dust
standard pursuant to the RFA and E.O. 12866. The Notices section of
today's Federal Register announces the availability of the final report
of that review, ``Regulatory Review of OSHA's Cotton Dust Standard.''
That review concludes that the Agency is justified in extending the
washed cotton partial exemption in the cotton dust standard to include
cotton mildly washed in a batch kier system (Ex., p. 58).
The studies demonstrate that raw cotton washed in the batch kier
process according to the specified protocol results in the elimination
or a substantial reduction in the significant risk of byssinosis, if
employers using such washed cotton comply with the medical surveillance
and certain recordkeeping requirements of the standard, and with
Appendices B, C, and D of the standard. The batch kier process is as
effective in this regard as other washing methods that OSHA has already
partially exempted from the cotton dust standard. This conclusion is
supported by NIOSH, and by the joint government, union, and industry
Task Force for Byssinosis Prevention.
Accordingly, OSHA is amending the cotton dust standard to add
washing in a modern batch kier system as an acceptable method of
washing cotton under paragraph (n)(4) of the 1985 cotton dust standard,
which will qualify cotton washed in this system for partial exemption
from that standard. This amendment is being issued as a direct final
rule because doing so is widely endorsed, well supported, and non-
controversial.
In order to accomplish this change, OSHA is amending paragraph
(n)(4) of 29 CFR 1910.1043 to include the new partial exemption for
batch kier washed cotton. The standard will continue to partially
exempt cotton washed through the continuous batt or rayon rinse
systems. OSHA is also reorganizing paragraph (n)(4) to improve clarity.
By this action OSHA is responding to the requirements of the
Regulatory Flexibility Act and Executive Order 12866 that Agencies
review their regulations to determine their effectiveness and to
implement any changes indicated by the review that will make the
regulation more flexible and efficient for stakeholders and small
businesses while maintaining needed protections for workers. Reliance
on the direct final rule approach is also an example of OSHA's
Reinvention Initiative which emphasizes flexible and efficient methods
of achieving results.
Economic and Technical Feasibility
OSHA concludes that adding the batch kier washed cotton method to
the list of methods already partially exempted by paragraph (n)(4) of
the cotton dust standard (29 CFR 1910.1043) is both economically and
technically feasible. The addition creates no new requirements and
imposes no new compliance obligations on employers. Instead, it merely
permits an additional type of washing to qualify for partial exemption
from the cotton dust standard based on evidence that batch kier washing
is as effective as other partially exempted washing methods in
protecting employee health. No one is required to use the new method.
Employers may choose to use the newly approved method, but they are not
required to use it if they do not believe it is more advantageous than
existing practices. Thus, this regulatory action reduces the burden on
employers wishing to avail themselves of it, but continues to provide
protections for employees. Accordingly, no further analysis of the
feasibility of this direct final rule is required by the OSH Act.
Regulatory Flexibility Act: Certification of No Significant Impact
In accordance with the Regulatory Flexibility Act, as amended (5
U.S.C.
[[Page 76566]]
601-612), OSHA has evaluated the effects of the batch kier washing
amendment on small entities. No small business is required to adopt
this washing method or to purchase cotton washed by this method and all
employers may continue to use their existing practices to comply with
the cotton dust standard. A small business may choose to adopt this
method of washing cotton or to purchase cotton washed by this method if
it finds that a cost saving or other advantage is created by doing so.
Based on this finding, OSHA certifies that this amendment to paragraph
(n)(4) of 29 CFR 1910.1043 will not have a significant impact on a
substantial number of small entities.
Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether a regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines a ``significant regulatory action''
as one that is likely to result in a rule that may:
1. Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or tribal governments or communities;
2. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
3. Materially alter the budgetary impact of entitlements, grants,
user fees, or land programs or the rights and obligations of recipients
thereof; or
4. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
For the reasons just discussed, this direct final rule causes none
of these impacts. Some cotton mills may choose to use cotton washed by
this newly permitted method to save control costs otherwise required by
the cotton dust standard. Consequently, this direct final rule is not a
significant regulatory action and therefore does not require an
Economic Analysis under Executive Order 12866.
Unfunded Mandates
This direct final rule, which amends a paragraph of the Cotton Dust
standard, has been reviewed in accordance with the Unfunded Mandates
Reform Act of 1995 (UMRA) (U.S.C. 1501 et seq.). For the purposes of
the UMRA, the Agency certifies that the final standard does not impose
any Federal mandate that may result in increased expenditures by State,
local, or tribal governments, or increased expenditures by the private
sector, of more than $100 million in any year.
Federalism
This amendment has been reviewed under Executive Order 13132 (Aug.
11, 1999) on Federalism. That order requires that agencies, to the
extent possible, refrain from limiting state policy options, consult
with States prior to taking any actions that would restrict state
policy options, and take such actions only when there is clear
constitutional authority and the presence of a problem of national
scope. The Order provides for preemption of State law only if there is
a clear Congressional intent for the Agency to do so. Any such
preemption is to be limited to the extent possible.
Section 18 of the Occupational Safety and Health Act (OSHA Act)
expresses Congress' intent to preempt State laws relating to issues on
which Federal OSHA has promulgated occupational safety and health
standards. Under the OSH Act, a State can avoid preemption on issues
covered by Federal standards only if it submits, and obtains Federal
approval of, a plan for the development of such standards and their
enforcement. Occupational safety and health standards developed by such
Plan States must, among other things, be at least as effective in
providing safe and healthful employment and places of employment as the
Federal standards. When such standards are applicable to products
distributed or used in interstate commerce, they may not unduly burden
commerce and must be justified by compelling local conditions.
This amendment to paragraph (n)(4) of the cotton dust standard was
developed based on scientific research and merely grants an extra
option and increased flexibility to cotton processors and textile
mills. In connection with the Regulatory Flexibility Act review, OSHA
held a public meeting in Atlanta, GA which is in the region where most
textile industry facilities are located. State Plan states are free to
adopt this amendment or an alternative that is at least as effective in
protecting worker health.
State Plan Standards
The 25 States with their own OSHA approved occupational safety and
health plans must adopt an equivalent amendment or one that is at least
as protective to employees within six months of the publication date of
this final standard. These States are: Alaska, Arizona, California,
Connecticut (for State and local government employees only), Hawaii,
Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New
Mexico, New York (for State and local government employees only), North
Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah,
Vermont, Virginia, Virgin Islands, Washington and Wyoming.
Paperwork Reduction Act
The information requirements contained in the cotton dust standard
have been approved by the Office of Management and Budget pursuant to
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-30). The approval
is in effect until January 31, 2002 pursuant to OMB Control No. 1218-
0061 (29 CFR 1910.8). The approval covers the paperwork required to
achieve a washed cotton partial exemption from the standard. This
amendment adds no additional information collection requirements and
instead merely adds an alternative method for achieving the washed
cotton exemption. Consequently, the Paperwork Reduction Act of 1995
does not require OSHA to take any further action on this matter at this
time.
Public Participation
Interested persons are requested to submit written data, views and
arguments concerning this direct final rule. These comments must be
received by February 5, 2001 and submitted in quadruplicate to Docket
No. H-052G, Docket Office; Room N2625; Occupational Safety and Health
Administration; U.S. Department of Labor, 200 Constitution Ave., N.W.,
Washington, D.C. 20210.
Alternatively, one paper copy and one disc (31/2 inch floppy in
Wordperfect 6.0, 8.0 or ASCII) may be sent to that address, or one copy
faxed to (202) 693-1648 and 3 paper copies mailed to the Docket Office
mailing address; or one copy E-mailed to ecomments.osha.gov and one
paper copy mailed to the Docket Office mailing address.
All written comments received within the specified comment period
will be made a part of the record and will be available for public
inspection and copying at the above Docket Office address.
OSHA requests comments on all issues related to granting cotton
washed in the batch kier system with a partial exemption from OSHA's
cotton dust standard and on the Agency's findings that there are no
negative economic, environmental or other regulatory impacts of this
action on the regulated community. OSHA is not requesting
[[Page 76567]]
comment on any issues or opening the record for any issue other than
those related to this amendment to paragraph (n)(4) of 29 CFR
1910.1043.
If OSHA receives no significant adverse comment on this amendment,
OSHA will publish a Federal Register document confirming the effective
date of this direct final rule. Such confirmation may include minor
stylistic or technical changes to the amendment that appear to be
clearly justified. For the purposes of legal review, OSHA views the
date of confirmation of the effective date of this amendment as the
date of issuance.
If OSHA receives significant adverse comments on this amendment, it
will withdraw the amendment and proceed with the proposed rule
addressing the batch kier washing issue published in the Proposed Rules
section of today's Federal Register.
List of Subjects in 29 CFR Part 1910
Cotton dust, Hazardous substances, Occupational safety and health,
Reporting and recordkeeping requirements.
Authority and Signature
This document was prepared under the direction of Charles N.
Jeffress, Assistant Secretary of Labor for Occupational Safety and
Health, 200 Constitution Avenue, NW., Washington, DC. 20210.
This action is taken pursuant to sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657),
Section 4 of the Administrative Procedure Act (5 U.S.C. 553), Secretary
of Labor's Order No. 3-2000 (65 FR 50017, August 16, 2000) and 29 CFR
part 1911.
Signed at Washington, DC, this 4th day of December, 2000.
Charles N. Jeffress,
Assistant Secretary of Labor.
Part 1910 of Title 29 of the Code of Federal Regulations is hereby
amended as set forth below:
PART 1910--(AMENDED)
1. The authority citation for Subpart Z of Part 1910 is revised to
read as follows:
Authority: Sections 4, 6 and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657; Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 6-96 (62 FR 111) or 3-2000 (65 FR 50017) as applicable; and
29 CFR part 1911.
All of subpart Z issued under sec. 6(b) of the Occupational
Safety and Health Act, except those substances that have exposure
limits listed in Tables Z-1, Z-2, and Z-3 of 29 CFR 1910.1000. The
latter were issued under sec. 6(a) (29 U.S.C. 655(a)).
Section 1910.1000, and Table Z-1, Z-2, and Z-3 and 1910.1043 (n)
also issued under 5 U.S.C. 553.
Section 1910.1000, and Tables Z-1, Z-2, and Z-3 not issued under
29 CFR part 1911 except for the arsenic (organic compounds),
benzene, and cotton dust listings.
Section 1910.1001 also issued under section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 333) and 5 U.S.C.
553.
Section 1910.1002 not issued under 29 U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 553.
Sections 1910.1018, 1910.1029 and 1910.1200 are also issued
under 29 U.S.C. 653.
2. Paragraph (n)(4) of Sec. 1910.1043 is revised to read as
follows:
Sec. 1910.1043 Cotton dust.
* * * * *
(n) * * *
(4) Higher grade washed cotton. The handling or processing of
cotton classed as ``low middling light spotted or better'' (color grade
52 or better and leaf grade code 5 or better according to the 1993 USDA
classification system) shall be exempt from all provisions of the
standard except the requirements of paragraphs (h) medical
surveillance, (k)(2) through (4) recordkeeping--medical records, and
Appendices B, C, and D of this section, if they have been washed on one
of the following systems:
(i) On a continuous batt system or a rayon rinse system including
the following conditions:
(A) With water;
(B) At a temperature of no less than 60 deg.C;
(C) With a water-to-fiber ratio of no less than 40:1; and
(D) With the bacterial levels in the wash water controlled to limit
bacterial contamination of the cotton.
(ii) On a batch kier washing system including the following
conditions:
(A) With water;
(B) With cotton fiber mechanically opened and thoroughly prewetted
before forming the cake;
(C) For low-temperature processing, at a temperature of no less
than 60 deg.C with a water-to-fiber ratio of no less than 40:1; or,
for high-temperature processing, at a temperature of no less than 93
deg.C with a water-to-fiber ratio of no less than 15:1;
(D) With a minimum of one wash cycle followed by two rinse cycles
for each batch, using fresh water in each cycle, and
(E) With bacterial levels in the wash water controlled to limit
bacterial contamination of the cotton.
* * * * *
[FR Doc. 00-31186 Filed 12-6-00; 8:45 am]
BILLING CODE 4510-26-P