Updating OSHA Standards Based on National Consensus Standards; Signage, 35559-35567 [2013-13909]

Download as PDF Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Rules and Regulations (c) If any medical examination or test conducted under paragraph (a) of this section is not administered or reported in substantial compliance with the provisions of part 718 of this subchapter, or does not provide sufficient information to allow the district director to decide whether the miner is eligible for benefits, the district director must schedule the miner for further examination and testing. Where the deficiencies in the report are the result of a lack of effort on the part of the miner, the miner will be afforded one additional opportunity to produce a satisfactory result. In order to determine whether any medical examination or test was administered and reported in substantial compliance with the provisions of part 718 of this subchapter, the district director may have any component of such examination or test reviewed by a physician selected by the district director. * * * * * (e) The cost of any medical examination or test authorized under this section, including the cost of travel to and from the examination, must be paid by the fund. Reimbursement for overnight accommodations must not be authorized unless the district director determines that an adequate testing facility is unavailable within one day’s round trip travel by automobile from the miner’s residence. The fund must be reimbursed for such payments by an operator, if any, found liable for the payment of benefits to the claimant. If an operator fails to repay such expenses, with interest, upon request of the Office, the entire amount may be collected in an action brought under section 424 of the Act and § 725.603 of this part. Signed at Washington, DC, this 3rd day of June, 2013. Gary A. Steinberg, Acting Director, Office of Workers’ Compensation Programs. [FR Doc. 2013–13970 Filed 6–12–13; 8:45 am] BILLING CODE 4510–CR–P ACTION: Correcting Amendment. SUMMARY: This document contains corrections to final regulations (TD 9612) that were published in the Federal Register on Tuesday, February 5, 2013 (78 FR 7997) relating to the tax treatment of noncompensatory options and convertible instruments issued by a partnership. The final regulations generally provide that the exercise of a noncompensatory option does not cause the recognition of immediate income or loss by either the issuing partnership or the option holder. The final regulations also modify the regulations under section 704(b) regarding the maintenance of the partners’ capital accounts and the determination of the partners’ distributive shares of partnership items. The final regulations also contain a characterization rule providing that the holder of a noncompensatory option is treated as a partner under certain circumstances. DATES: This correction is effective on June 13, 2013 and is applicable on or after February 5, 2013. FOR FURTHER INFORMATION CONTACT: Benjamin Weaver, at (202) 622–3050 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulations that are the subject of this document are under sections 171, 704, 721, 761, 1272, 1273, and 1275 of the Internal Revenue Code. Need for Correction As published, the final regulations (TD 9612) contains an error that may prove to be misleading and is in need of clarification. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Correction of Publication Accordingly, 26 CFR part 1 is corrected by making the following correcting amendments: PART 1—INCOME TAXES DEPARTMENT OF THE TREASURY Paragraph 1. The authority citation for part 1 continues to read in part as follows: ■ Internal Revenue Service Authority: 26 U.S.C. 7805 * * * 26 CFR Part 1 Par. 2. Section 1.704–1 is amended by revising the third sentence of paragraph (b)(5) Example 32(v) to read as follows: ■ tkelley on DSK3SPTVN1PROD with RULES4 [TD 9612] RIN 1545–BA53 § 1.704–1 Noncompensatory Partnership Options; Correction * Internal Revenue Service (IRS), Treasury. AGENCY: VerDate Mar<15>2010 16:42 Jun 12, 2013 Jkt 229001 Partner’s distributive share. * * (b) * * * (5) * * * * * Example 32. * * * PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 35559 (v) * * * Under paragraph (b)(4)(x)(c) of this section, LLC must allocate the book gross income of $3,000 equally among A, B, and C, but for tax purposes, however, LLC must allocate all of its gross income ($3,000) to C. * * * * * * * * Martin Franks, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. 2013–14018 Filed 6–12–13; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Parts 1910 and 1926 [Docket No. OSHA–2013–0005] RIN 1218–AC77 Updating OSHA Standards Based on National Consensus Standards; Signage Occupational Safety and Health Administration (OSHA), Department of Labor. ACTION: Direct final rule; request for comments. AGENCY: SUMMARY: The Occupational Safety and Health Administration (‘‘OSHA’’ or ‘‘the Agency’’) is issuing this direct final rule to update its general industry and construction signage standards by adding references to the latest versions of the American National Standards Institute (‘‘ANSI’’) standards on specifications for accident prevention signs and tags, ANSI Z535.1– 2006(R2011), Z535.2–2011 and Z535.5– 2011. In this rulemaking, OSHA is retaining the existing references to the earlier ANSI standards, ANSI Z53.1– 1967, Z35.1–1968 and Z35.2–1968, in its signage standards, thereby providing employers an option to comply with the updated or earlier standards. OSHA also is incorporating by reference Part VI of the Manual of Uniform Traffic Control Devices (‘‘MUTCD’’), 1988 Edition, Revision 3, into the incorporation-byreference section of the construction standards having inadvertently omitted this edition of the MUTCD from this section during an earlier rulemaking, and amending citations in two provisions of the construction standards to show the correct incorporation-byreference section. In addition, OSHA is publishing a notice of proposed rulemaking in today’s Federal Register adding the same references. E:\FR\FM\13JNR1.SGM 13JNR1 35560 Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Rules and Regulations This direct final rule will become effective on September 11, 2013 unless OSHA receives a significant adverse comment to this direct final rule or the companion proposal by July 15, 2013. If OSHA receives a significant adverse comment, the Agency will publish a timely withdrawal of the direct final rule in the Federal Register. Submit comments on this direct final rule (including comments on the information-collection (paperwork) determination described under the section titled Procedural Determinations, hearing requests, and other information by July 15, 2013. All submissions must bear a postmark or provide other evidence of the submission date (the following section titled ADDRESSES describes the available methods of making submissions). The Director of the Federal Register approved the incorporation by reference of specific publications listed in this direct final rule as of September 11, 2013. DATES: Submit comments, hearing requests, and other information as follows: • Electronic. Submit comments electronically to http:// www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. • Facsimile. OSHA allows facsimile transmission of comments and hearing requests that are 10 pages or fewer in length (including attachments). Send these documents to the OSHA Docket Office at (202) 693–1648; OSHA does not require hard copies of these documents. Instead of transmitting facsimile copies of attachments that supplement these documents (e.g., studies, journal articles), commenters must submit these attachments to the OSHA Docket Office, Technical Data Center, Room N–2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210. These attachments must clearly identify the sender’s name, date, subject, and docket number (i.e., OSHA–2013–0005) so that the Agency can attach them to the appropriate document. • Regular mail, express delivery, hand delivery, and messenger (courier) service. Submit comments and any additional material (e.g., studies, journal articles) to the OSHA Docket Office, Docket No. OSHA–2013–0005 or RIN 1218–AC77, Technical Data Center, Room N–2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693–2350. (OSHA’s TTY number is (877) 889–5627.) Note that security tkelley on DSK3SPTVN1PROD with RULES4 ADDRESSES: VerDate Mar<15>2010 16:42 Jun 12, 2013 Jkt 229001 procedures may result in significant delays in receiving comments and other written materials by regular mail. Contact the OSHA Docket Office for information about security procedures for delivery of materials by express delivery, hand delivery, and messenger service. The hours of operation for the OSHA Docket Office are 8:15 a.m. to 4:45 p.m., e.t. • Instructions. All submissions must include the Agency name and the OSHA docket number (i.e., OSHA Docket No. OSHA–2013–0005). OSHA will place comments and other material, including any personal information, in the public docket without revision, and these materials will be available online at http://www.regulations.gov. Therefore, the Agency cautions commenters about submitting statements they do not want made public, or submitting comments that contain personal information (either about themselves or others) such as Social Security numbers, birth dates, and medical data. OSHA invites comments on all issues related to this direct final rule. The Agency also welcomes comments on its findings that this direct final rule would have no negative economic, paperwork, or other regulatory impacts on the regulated community. This direct final rule is the companion document of a notice of proposed rulemaking published in the ‘‘Proposed Rules’’ section of today’s Federal Register. If OSHA receives no significant adverse comment on this direct final rule, the Agency will publish a Federal Register notice confirming the effective date of the final rule and withdrawing the companion proposed rule. The final rule may include minor stylistic or technical corrections of the direct final rule. For the purpose of judicial review, OSHA considers the date that the Agency confirms the effective date of the final rule to be the date of issuance. If, however, OSHA receives a significant adverse comment on the direct final rule or proposal, the Agency will publish a timely withdrawal of this direct final rule and proceed with the proposed rule, which addresses the same revisions of its signage standards. • Docket. The electronic docket for this direct final rule established at http://www.regulations.gov lists most of the documents in the docket. Some information (e.g., copyrighted material), however, cannot be read or downloaded through this Web site. All submissions, including copyrighted material, are accessible at the OSHA Docket Office. Contact the OSHA Docket Office for assistance in locating docket submissions. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 FOR FURTHER INFORMATION CONTACT: General information and press inquiries: Contact Frank Meilinger, OSHA Office of Communications, Room N–3647, U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693–1999. Technical inquiries: Contact Kenneth Stevanus, Directorate of Standards and Guidance, Room N–3609, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693–2260; fax: (202) 693–1663. Copies of this Federal Register notice. Electronic copies of this Federal Register notice are available at http:// www.regulations.gov. This Federal Register notice, as well as news releases and other relevant information, also are available at OSHA’s Web page at http://www.osha.gov. Availability of Incorporated Standards. With the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51, OSHA incorporates by reference under 29 CFR 1910.6, and 1926.6 the American National Standards Institute (‘‘ANSI’’) standards cited in 29 CFR 1910.97(a)(3)(ii); 1910.145(d)(2), (d)(4), and (d)(6); 1910.261(c)(16); and 1926.200(b)(1), (c)(1), (c)(3), (g)(2), (h)(2), and (i). OSHA also is incorporating by reference under 29 CFR 1926.6 Part VI of the MUTCD, 1988 Edition, Revision 3. To enforce any other version of the cited ANSI standards other than the editions specified by 29 CFR 1910.97(a)(3)(ii); 1910.145(d)(2), (d)(4), and (d)(6); 1910.261(c)(16); and 1926.200(b)(1), (c)(1), (c)(3), (g)(2), (h)(2) and (i), or to enforce any other version of the cited edition of the MUTCD specified by 29 CFR 1926.200(g)(2); 1926.201(a); and 1926.202, OSHA must publish a notice of change in the Federal Register, and must make the material available to the public. All approved material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, telephone (202) 741–6030, or go to: http://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. Also, the material is available for inspection at any OSHA Regional Office or the OSHA Docket Office (U.S. Department of Labor, 200 Constitution Ave. NW., Room N–2625, Washington, DC 20210; telephone: (202) 693–2350 (TTY number: (877) 889– 5627)). SUPPLEMENTARY INFORMATION: E:\FR\FM\13JNR1.SGM 13JNR1 Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Rules and Regulations Table of Contents tkelley on DSK3SPTVN1PROD with RULES4 I. Direct Final Rulemaking II. Background III. Summary and Explanation of Revisions to the Signage Standards IV. Procedural Determinations A. Legal Considerations B. Final Economic Analysis and Regulatory Flexibility Act Certification C. OMB Review Under the Paperwork Reduction Act of 1995 D. Federalism E. State-Plan States F. Unfunded Mandates Reform Act of 1995 G. Consultation and Coordination with Indian Tribal Governments H. Consultation with the Advisory Committee on Construction Safety and Health V. Authority and Signature I. Direct Final Rulemaking In a direct final rulemaking, an agency publishes a direct final rule in the Federal Register along with a statement that the rule will become effective unless the agency receives a significant adverse comment within a specified period. The agency also publishes concurrently with the direct final rule an identical proposed rule. If the agency receives no significant adverse comment, the direct final rule will become effective. However, should the agency receive a significant adverse comment, the agency will withdraw the direct final rule and treat the comments as submissions on the proposed rule. OSHA uses direct final rules because it expects the rulemaking to be noncontroversial; provide protection to employees that is at least equivalent to the protection afforded to them by the previous standard-development organization standard; and impose no significant new compliance costs on employers (69 FR 68283, 68285 (2004)). OSHA used direct final rules previously to update or, when appropriate, revoke references to previous national consensus standards in OSHA rules (see, e.g., 69 FR 68283 (2004); 70 FR 76979 (2006); 76 FR 75782 (2011); and 77 FR 37587 (2012)). For the purposes of this direct final rule, a significant adverse comment is one that ‘‘explains why the rule would be inappropriate, including challenges to the rule’s underlying premise or approach, or why it would be ineffective or unacceptable without a change’’ (see 60 FR 43108, 43111(1995)). In determining whether a comment necessitates withdrawal of the direct final rule, OSHA will consider whether the comment raises an issue serious enough to warrant a substantive response in a notice-and-comment process. OSHA will not consider a comment recommending additional VerDate Mar<15>2010 16:42 Jun 12, 2013 Jkt 229001 revisions to a rule to be a significant adverse comment unless the comment states why the direct final rule would be ineffective without the revisions. If OSHA receives a timely significant adverse comment, it will publish a Federal Register notice withdrawing the direct final rule no later than 90 days after the publication date of this current notice. This direct final rulemaking furthers the objectives of Executive Order 13563, which requires that the regulatory process ‘‘promote predictability and reduce uncertainty’’ and ‘‘identify and use the best, most innovative and least burdensome tools for achieving regulatory ends.’’ As described below, the revisions will make the requirements of OSHA’s signage standards consistent with the most recent national consensus standards, thereby eliminating confusion and clarifying employers’ obligations (for the purposes of this rulemaking, the term ‘‘signage standards’’ refers to standards that regulate both signs and tags). Therefore, OSHA believes that these revisions will not compromise the safety of employees, but will instead enhance employee protection. Accordingly, the Agency concludes that updating the references to the national consensus standards in its signage standards is consistent with, and promotes the objectives of, Executive Order 13563. II. Background In June 2009, the National Electrical Manufacturers Association (NEMA) contacted OSHA and, based on a letter from ANSI, requested that the Agency add references to the latest versions of ANSI’s Z535 series of standards to OSHA’s signage standards. Letter dated June 2, 2009, from Kyle Pitsor, Vice President, Government Relations, NEMA, to Richard Fairfax, Director, Directorate of Enforcement Programs, OSHA (Ex. OSHA–2013–0005–0003, p. 1), attaching a letter dated May 28, 2009, from Geoffrey Peckham, Chair, ANSI Z535.2 Subcommittee, to Mr. Fairfax (Ex. OSHA–2013–0005–0003, p. 3). NEMA specifically advocated incorporating by reference ANSI Z535.2, ‘‘Environmental and Facility Safety Signs,’’ in OSHA standards that refer to old1 versions of this ANSI standard. Pitsor letter (Ex. OSHA–2013–0005– 0003, p. 1); accord Peckham letter (Ex. OSHA–2013–0005–0003, p. 3). Over the next few years, OSHA staff met with NEMA several times to discuss 1 The terms ‘‘old’’ and ‘‘older,’’ as used in this Federal Register notice, refer specifically to signs or tags that comply with ANSI Z53.1–1967, Z35.1– 1968 and Z35.2–1968. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 35561 the association’s request that OSHA adopt ANSI’s Z535 series of standards. Besides urging OSHA to incorporate ANSI Z535.2 by reference, NEMA also asked the Agency to update its standards’ references to ANSI Z53.1–67, ‘‘Safety Color Code for Marking Physical Hazards and the Identification of Certain Equipment,’’ by citing the current version of this standard, ANSI Z535.1, ‘‘Safety Colors.’’ As a result of these meetings and as recorded in a second letter to OSHA, NEMA provided the Agency with side-by-side comparisons of ANSI Z35.1–68, Z535.2– 2007, and Z535.2–2011, and ANSI Z53.1–67, Z535.1–2006, and Z535.1– 2006(R2011), and other relevant materials such as signs, which OSHA evaluated. Letter dated March 30, 2011, from Evan Gaddis, President and CEO, NEMA, to Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health; Side–by-Side Comparisons of ANSI standards; NEMA Signage Materials (Exs. OSHA–2013– 0005–0004 through –0006). OSHA also subsequently considered whether it should also incorporate by reference ANSI Z535.5, ‘‘Safety Tags and Barricade Tapes (for Temporary Hazards),’’ into those OSHA standards that refer to a much older version of this ANSI standard. At present, employers continue to use the old signs and tags not only because they are long-lasting and rarely need replacing, but also because they comply with OSHA’s current signage standards, which incorporate the old ANSI standards by reference. Both NEMA and ANSI contend that incorporating the new ANSI standards by reference is necessary to encourage employers to buy and use signs and tags that comply with these standards without receiving a de minimis notice for failure to comply with the old ANSI standards.2 Pitsor letter (Ex. OSHA–2013–0005– 0003, p. 1); Peckham letter (Ex. OSHA– 2013–0005–0003, p. 3). NEMA and ANSI further assert that signs and tags meeting the latest version 2 According to OSHA’s Field Operations Manual (FOM), a de minimis condition occurs when ‘‘[a]n employer has implemented a measure different than the one specified in a standard, that has no direct or immediate relationship to safety or health.’’ FOM, CPL 02–00–150, Ch. 4, § VIII, pp. 4–36 to 4– 37 (Apr. 22, 2011), available on OSHA’s Web page. OSHA issues no citations or penalties for these conditions, but compliance officers will document the condition during an inspection. Id. at 4–36. See, also, Letter of Interpretation dated February 22, 2011, from Thomas Galassi, Director, Directorate of Enforcement Programs, OSHA, to Richard A. Eichel, ATA Safety, describing OSHA’s de minimis enforcement policy with regard to ANSI signs; available at http://www.osha.gov/pls/oshaweb/ owadisp.show_document?p_ table=INTERPRETATIONS&p_id=27641. E:\FR\FM\13JNR1.SGM 13JNR1 tkelley on DSK3SPTVN1PROD with RULES4 35562 Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Rules and Regulations of the ANSI standards, the Z535 series, provide an equal or greater level of protection than the currently required signs that comply with the old ANSI standards, Z35.1, Z35.2, and Z53.1, cited in OSHA’s standards. Pitsor letter (Ex. OSHA–2013–0005–0003, p. 1); Peckham letter (Ex. OSHA–2013–0005– 0003, p. 3). In its letter, ANSI provides an exhibit demonstrating why it believes the new Z535.2–2007 signs are at least as protective as the old Z35.1 signs (Peckham letter, Ex. OSHA–2013– 0005–0003, p. 10 (Peckham’s Ex. 6).3 The exhibit, which compares the information contained in the two sets of signs, shows that the new Z535.2 signs typically have at least as much information as the Z35.1 signs. Moreover, the new ANSI safety-color standard, ANSI Z535.1–2006(2011), includes two safety colors, brown and gray, that were not in Z53.1–1967. See ANSI Z535.1–2006(2011), pp. v–vi (ANSI also added safety blue in the 1979 revision after deleting this color in the 1971 revision). ANSI and NEMA also claim that the new signs provide additional information, including the specific identity of the hazard, a description of how serious the hazard is, how to avoid the hazard, and the probable consequences of not avoiding the hazard. Peckham letter (Exs. OSHA– 2013–0005–0003, pp. 7–9, and OSHA– 2013–0005–0006, pp. 9–11). ANSI further argues that, the old sign formats ‘‘lack the ability to contain [the] symbols, more extensive word messages, multiple messages, and additional languages’’ necessary to communicate critical safety information to an increasingly multicultural work force. Id., pp. 6 and 9–10. NEMA also submitted an ANSI timeline of the institute’s standards, and the safety signs that complied with those standards, for the years 1914 to 2011; this timeline illustrates additions made to the information contained in these signs during this period. NEMA Signage Materials, pp. 6–8 (Ex. OSHA–2013– 0005–0006). Based on the available record, OSHA believes that the new signs are at least as protective as the old ones. Therefore, this direct final rule is incorporating the ANSI Z535 series by reference in the applicable OSHA signage standards so that employers will be able to buy and use the new signs without the prospect of receiving de minimis notices for using noncompliant signs. OSHA invites the public to comment on its conclusion that the new signs are as effective as the old ones. 3 This exhibit is actually Exhibit 6 of the Peckham letter, but is mislabeled as Exhibit 5. VerDate Mar<15>2010 16:42 Jun 12, 2013 Jkt 229001 III. Summary and Explanation of Revisions to the Signage Standards As discussed in a previous Federal Register notice (69 FR 68283 (2004)), OSHA is undertaking a series of projects to update its standards to incorporate the latest versions of national consensus and industry standards. These projects include updating or removing national consensus and industry standards cited in existing OSHA standards, updating the text of standards that OSHA adopted directly from previous national consensus standards, and, when appropriate, replacing specific references to previous national consensus and industry standards with performance requirements. This direct final rule updates the references to ANSI consensus standards in four provisions of OSHA’s general industry and construction standards: 29 CFR 1910.97, Nonionizing radiation; § 1910.145, Specifications for accident prevention signs and tags; § 1910.261, Pulp, paper, and paper board mills; and § 1926.200, Accident prevention signs and tags. These provisions incorporate by reference ANSI consensus standards Z53.1–1967, ‘‘Safety Color Code for Marking Physical Hazards and the Identification of Certain Equipment’’; Z35.1–1968, ‘‘Specifications for Accident Prevention Signs’’; and Z35.2– 1968, ‘‘Specifications for Accident Prevention Tags.’’ The direct final rule will allow employers to comply with either these ANSI standards or the latest versions of them, Z535.1–2006(R2011), Z535.2–2011, and Z535.5–2011. The latter compliance option will allow employers to update their signage based on the newest ANSI consensus standards without violating OSHA’s requirements. In addition, since employers will not have to update their signage, there is no additional compliance cost or burden resulting from this rulemaking. The direct final rule will revise the above four provisions in the following ways: (1) OSHA’s general industry standard on nonionizing radiation at § 1910.97(a)(3)(ii) requires employers to use the color specification provided by ANSI 53.1–1953, ‘‘Safety Color Code for Marking Physical Hazards,’’ which OSHA incorporated by reference under § 1910.6 in 1974 (39 FR 23502 (1974)). Currently, § 1910.6 refers to ANSI Z53.1–1967, ‘‘Safety Color Code for Marking Physical Hazards and the Identification of Certain Equipment’’ because, on March 7, 1996, OSHA incorporated ANSI Z53.1–1967 by reference under § 1910.6 without revising the reference to ANSI Z53.1– 1953 in § 1910.97(a)(3)(ii) (see 61 FR PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 9228, 9232 (1996)). In addition, OSHA did not obtain approval from the Office of the Federal Register during the 1996 rulemaking to incorporate ANSI Z53.1– 1967 by reference under § 1910.6. With this direct final rule, OSHA is correcting this oversight by incorporating ANSI Z53.1–1967 by reference under § 1910.6 after obtaining approval to do so from the Office of the Federal Register. In addition, this direct final rule will update the nonionizing radiation provision by incorporating ANSI Z535.1–2006(R2011), ‘‘Safety Colors,’’ by reference. This addition will allow employers to comply with the 1967 version or the 2006(R2011) version of the cited ANSI standard. (2) OSHA’s general industry standard on specifications for accidentprevention signs and tags at § 1910.145 refers to ANSI standard Z53.1–1967, ‘‘Safety Colors for Marking Physical Hazards and the Identification of Certain Equipment,’’ which § 1910.6 incorporated by reference in three places: §§ 1910.145(d)(2), Danger signs; 1910.145(d)(4), Caution signs; and 1910.145(d)(6), Safety instruction signs. However, as noted above, the Office of the Federal Register did not approve ANSI Z53.1–1967 for incorporation by reference under § 1910.6. Therefore, this direct final rule is correcting this oversight by incorporating that ANSI standard by reference under § 1910.6 after receiving approval from the Office of the Federal Register to do so. Each of the three cited provisions of § 1910.145(d) specifies the colors employers must use for each type of sign, and requires that the signs meet the specifications in Table 1, ‘‘Fundamental Specification of Safety Colors for CIE Standard Source ‘C,’ ’’ of ANSI Z53.1–1967. The direct final rule will update each of these sections by referencing Table 1, ‘‘Specification of the Safety Colors for CIE Illuminate C and the CIE 1931, 2° Standard Observer,’’ of ANSI Z535.1– 2006(R2011), ‘‘Safety Colors,’’ which it incorporates by reference. This addition will allow employers to comply with the 1967 version or the 2006(R2011) version of the cited ANSI standard. (3) OSHA’s general industry standard on pulp, paper, and paper board mills at § 1910.261 refers to ANSI Z35.1– 1968, ‘‘Specifications for Accident Prevention Signs,’’ which § 1910.6(e)(59) incorporates by reference in two places. First, § 1910.261(c)(16) refers to this 1968 ANSI standard. The direct final rule will update § 1910.261(c)(16) by incorporating ANSI Z535.2–2011, ‘‘Environmental and Facility Safety Signs,’’ by reference in § 1910.6(e)(60). This addition will allow E:\FR\FM\13JNR1.SGM 13JNR1 tkelley on DSK3SPTVN1PROD with RULES4 Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Rules and Regulations employers to comply with the 1968 version or the 2011 version of the cited ANSI standard. Second, § 1910.6(e)(59) incorporates Z35.1–1968, ‘‘Specifications for Accident Prevention Signs,’’ by reference in § 1910.261(a)(3)(xxiv). However, on June 18, 1998, as part of an OSHA rulemaking, the Agency removed subsection § 1910.261(a)(3)(xxiv) from the pulp, paper, and paper board mills standard, but did not remove the reference to § 1910.261(a)(3)(xxiv) in § 1910.6(e)(59). The direct final rule will correct this oversight. (4) OSHA’s construction standard on accident prevention signs and tags, § 1926.200, refers to ANSI standards Z35.1–1968, ‘‘Specifications for Accident Prevention Signs’’; Z35.2– 1968, ‘‘Specifications for Accident Prevention Tags’’; or Z53.1–1967, ‘‘Safety Color Code for Marking Physical Hazards and the Identification of Certain Equipment,’’ in five places discussed below.4 In addition, as discussed below, § 1926.200 is incorporating by reference Part VI of the MUTCD, 1988 Edition, Revision 3. The first reference to one of these old ANSI standards is in § 1926.200(b)(1), Danger signs, which refers to Figure G– 1, which is identical to Figure 1 in ANSI Z35.1–1968, ‘‘Specifications for Accident Prevention Signs.’’ The second reference is in § 1926.200(c)(1), Caution signs, which refers to Figure G–2, which is identical to Figure 4 in the same ANSI standard. The direct final rule will remove Figures G–1 and G–2 from § 1926.200(b)(1) and (c)(1), and update these provisions by referencing the appropriate figures from ANSI Z35.1– 1968 and ANSI Z535.2–2011, ‘‘Environmental and Facility Safety Signs.’’ These revisions, therefore, will give employers the option of using the figures from either ANSI standard. The third reference to an old ANSI standard is in § 1926.200(c)(3), which refers to ANSI Z53.1–1967, ‘‘Safety Color Code for Marking Physical Hazards and the Identification of Certain Equipment.’’ This OSHA provision specifies the colors employers must use in caution signs, and requires that the signs meet the specifications in Table 1 of ANSI Z53.1–1967. This direct final rule will update § 1926.200(c)(3) by adding a reference to Table 1 of ANSI Z535.1–2006(R2011), ‘‘Safety Colors,’’ the latest version of Z53.1–1967. This addition, therefore, will allow 4 Although § 1926.200(c)(3) currently refers to ANSI Z53.1–1967, OSHA did not incorporate that ANSI standard by reference under § 1926.6. This direct final rule, therefore, is correcting this oversight by incorporating ANSI Z53.1–1967 by reference under § 1926.6. VerDate Mar<15>2010 16:42 Jun 12, 2013 Jkt 229001 employers to use either Table 1 of Z53.1–1967 or Table 1 of Z535.1– 2006(R2011). The fourth reference to an old ANSI standard is in § 1926.200(h)(2), Accident prevention tags, which says that specifications for accident-prevention tags similar to the specifications in Table G–1 apply; OSHA based Table G– 1 on Figures 1 to 4 in ANSI Z35.2–1968, ‘‘Specifications for Accident Prevention Tags.’’ The direct final rule will remove Table G–1 from § 1926.200(h)(2), and update this provision by referencing Figures 1 to 4 of ANSI Z35.2–1968 and Figures 1 to 8 of Z535.5–2011, ‘‘Safety Tags and Barricade Tapes (for Temporary Hazards).’’ These revisions, therefore, will give employers the option of using the figures from either ANSI standard. The fifth reference to the old ANSI standards is in § 1926.200(i), which refers to ANSI Z35.1–1968, ‘‘Specifications for Accident Prevention Signs,’’ and Z35.2–1968, ‘‘Specifications for Accident Prevention Tags.’’ Section 1926.200(i) requires employers to follow these two ANSI standards with respect to OSHA rules not specifically prescribed in 29 CFR 1926, subpart G. This direct final rule will update § 1926.200(i) by adding Z535.2–2011, ‘‘Environmental and Facility Safety Signs,’’ and Z535.5–2011, ‘‘Safety Tags and Barricade Tapes (for Temporary Hazards),’’ the latest versions of the cited ANSI standards, as references. These additions will allow employers to comply with Z35.1–1968 or Z535.2–11 for signs, and Z35.2–1968 or Z535.5–11 for tags. This direct final rule also will update paragraph (g)(2) of § 1926.200 by removing the language referring to the Director of the Federal Register’s approval for incorporation by reference of Part VI of the 1988 Edition, Revision 3, of the MUTCD, and adding a reference to § 1926.6 instead (i.e., this reference indicates such approval). Additionally, in an earlier rulemaking (see 75 FR 47906, 48132 (2010)), OSHA inadvertently removed Part VI of the MUTCD from § 1926.6. This direct final rule will correct this oversight by returning the reference to Part VI of the MUTCD to § 1926.6; it also will remove the reference to § 1926.200(g)(2) as the incorporation-by-reference provision in § 1926.201(a) and § 1926.202, and replace it with a reference to § 1926.6. In summary, OSHA believes, based on the discussion above under Background, that many general industry and construction employers currently comply with the ANSI signage requirements incorporated by reference in its existing signage standards, i.e., PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 35563 ANSI Z35.1–1968, Z35.2–1968, and Z53.1–1967. Therefore, OSHA is retaining these requirements in its signage standards. OSHA also determined that the latest editions of the ANSI signage standards, i.e., Z535.1– 2006(R2011), Z535.2–2011, and Z535.5– 2011, provide at least as effective protection to employees as the old ANSI standards incorporated by reference in the Agency’s signage standards. Accordingly, OSHA is giving employers the option of complying with the old or the new ANSI standards. Since employers can choose to comply with OSHA’s existing signage standards, incorporating the new ANSI standards by reference will not increase the cost or burden of compliance. IV. Procedural Determinations A. Legal Considerations The purpose of the Occupational Safety and Health Act of 1970 (OSH Act), 29 U.S.C. 65–78, is to achieve to the extent possible safe and healthful working conditions for all employees. 29 U.S.C. 651(b). To achieve this goal, Congress authorized the Secretary of Labor to promulgate and enforce occupational safety and health standards. 29 U.S.C. 654(b), 655(b). A safety or health standard is a standard that ‘‘requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes reasonably necessary or appropriate to provide safe or healthful employment and places of employment.’’ 29 U.S.C. 652(8). A standard is reasonably necessary or appropriate within the meaning of Section 652(8) of the OSH Act when a significant risk of material harm exists in the workplace and the standard would substantially reduce or eliminate that workplace risk. See Industrial Union Department, AFL–CIO v. American Petroleum Institute, 448 U.S. 607 (1980). OSHA already determined that requirements specified by signage standards, including design requirements, are reasonably necessary or appropriate within the meaning of Section 652(8) (see, e.g., 49 FR 49726, 49737 (1978); 51 FR 33251, 33251– 33259 (1986)). This direct final rule neither reduces employee protection nor alters an employer’s obligations under the existing standards. Under this direct final rule, employers will be able to continue to use the same signs and tags they are using currently to meet their compliance obligations under the existing standards’ design-criteria requirements. This direct final rule provides employers with additional E:\FR\FM\13JNR1.SGM 13JNR1 35564 Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Rules and Regulations options for meeting the design-criteria requirements for signage protection. Therefore, this direct final rule does not alter the substantive protection that employers must provide to employees or impose a new compliance burden on employers. Accordingly, OSHA need not, in this rulemaking, determine significant risk or the extent to which this direct final rule will reduce that risk, as typically required by Industrial Union Department. tkelley on DSK3SPTVN1PROD with RULES4 B. Final Economic Analysis and Regulatory Flexibility Act Certification This direct final rule is not economically significant within the context of Executive Order 12866, or a major rule under the Unfunded Mandates Reform Act or Section 801 of the Small Business Regulatory Enforcement Fairness Act. In addition, this direct final rule complies with Executive Order 13563. The rulemaking imposes no additional costs on any private-sector or public-sector entity, and does not meet any of the criteria for an economically significant or major rule specified by the Executive Order or relevant statutes. This rulemaking allows employers increased flexibility in choosing signage for the protection of their employees. This direct final rule, however, does not require an employer to update or replace its signage solely as a result of this rule if the employer’s current signage protection meets the revised standards. Because the rule imposes no costs, OSHA certifies that it will not have a significant economic impact on a substantial number of small entities. C. OMB Review Under the Paperwork Reduction Act of 1995 This rulemaking does not impose new information-collection requirements for purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501–30. Accordingly, the Agency does not have to prepare an Information Collection Request in association with this rulemaking. Members of the public may respond to this paperwork determination by sending their written comments to the Office of Information and Regulatory Affairs, Attn: OSHA Desk Officer (RIN 1218–AC77), Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503. The Agency encourages commenters to submit these comments to the rulemaking docket, along with their comments on other parts of this direct final rule. For instructions on submitting these comments and accessing the docket, see the sections of this Federal Register notice titled DATES VerDate Mar<15>2010 16:42 Jun 12, 2013 Jkt 229001 and ADDRESSES. OSHA, however, will not consider any comment received on this paperwork determination to be a ‘‘significant adverse comment’’ as specified above under the section titled Direct Final Rulemaking. To make inquiries, or to request other information, contact Mr. Todd Owen, Directorate of Standards and Guidance, OSHA, Room N–3609, U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210; telephone (202) 693–2222. D. Federalism OSHA reviewed this direct final rule in accordance with the Executive Order on Federalism (Executive Order 13132, 64 FR 43255, August 10, 1999), which 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 clear constitutional authority exists and the problem is national in scope. Executive Order 13132 provides for preemption of state law only with the expressed consent of Congress. Agencies must limit any such preemption to the extent possible. Under Section 18 of the OSH Act, 29 U.S.C. 667, Congress expressly provides that states may adopt, with Federal approval, a plan for the development and enforcement of occupational safety and health standards (29 U.S.C. 667); OSHA refers to states that obtain Federal approval for such a plan as ‘‘State-Plan states.’’ Occupational safety and health standards developed by State-Plan states must be at least as effective in providing safe and healthful employment and places of employment as the Federal standards. Subject to these requirements, State-Plan states are free to develop and enforce under state law their own requirements for occupational safety and health standards. While OSHA drafted this direct final rule to protect employees in every state, Section 18(c)(2) of the OSH Act permits State-Plan states and U.S. territories to develop and enforce their own standards for signage protection provided these requirements are at least as effective in providing safe and healthful employment and places of employment as the requirements specified in this direct final rule. In summary, this direct final rule complies with Executive Order 13132. In states without OSHA-approved state plans, this rulemaking limits state policy options in the same manner as other OSHA standards. In State-Plan states, this rulemaking does not significantly limit state policy options PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 because, as explained in the following section, State-Plan states do not have to adopt this direct final rule. E. State-Plan States When Federal OSHA promulgates a new standard or amends an existing standard to be more stringent than it was previously, the 27 states or U.S. territories with their own OSHAapproved occupational safety and health plans must revise their standards to reflect the new standard or amendment, or show OSHA why such action is unnecessary, e.g., because an existing state standard covering this area is at least as effective in protecting workers as the new Federal standard or amendment. 29 CFR 1953.5(a). In this regard, the state standard must be at least as effective as the final Federal rule. State-Plan states must adopt the Federal standard or complete their own standard within six months of the publication date of the final Federal rule. When OSHA promulgates a new standard or amendment that does not impose additional or more stringent requirements than the existing standard, State-Plan states need not amend their standards, although OSHA may encourage them to do so. The following 21 states and 1 U.S. territory have OSHA-approved occupational safety and health plans that apply only to private-sector employers: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming. In addition, Connecticut, Illinois, New Jersey, New York, and the Virgin Islands have OSHA-approved State Plans that apply only to state and local government employees. This direct final rule will not impose any additional or more stringent requirements on employers compared to existing OSHA standards. Through this rulemaking, OSHA is incorporating by reference three recent editions of the applicable national consensus standards in its existing signage protection standards. This direct final rule does not require employers to update or replace their signage solely as a result of this rulemaking if their current signage meets the requirements of this direct final rule. OSHA believes that adding the new references to ANSI Z535.1– 2006(R2011), ANSI Z535.2–2011, and ANSI Z535.5–2011, while retaining the current references to ANSI Z35.1–1968, Z35.2–1968, and Z53.1–1967, will impose no additional compliance obligations on employers because employers can continue using their E:\FR\FM\13JNR1.SGM 13JNR1 Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Rules and Regulations existing signage and, when necessary, update their signage and not be out of compliance. Therefore, this direct final rule does not require action under 29 CFR 1953.5(a), and State-Plan states do not need to adopt this rule or show OSHA why such action is unnecessary. However, to the extent these State-Plan states have the same standards as the OSHA standards affected by this direct final rule, OSHA encourages them to adopt the amendments. F. Unfunded Mandates Reform Act of 1995 OSHA reviewed this direct final rule according to the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1501–1571, and Executive Order 12875, 58 FR 58093 (1993). 75 FR 48130; 2010. As discussed above in Section IV.B (‘‘Final Economic Analysis and Regulatory Flexibility Certification’’) of this preamble, OSHA determined that this direct final rule imposes no additional costs on any private-sector or public-sector entity. Accordingly, this direct final rule requires no additional expenditures by either public or private employers. As noted above under Section IV.E (‘‘State-Plan States’’) of this preamble, OSHA standards do not apply to state or local governments except in states that elected voluntarily to adopt an OSHAapproved state plan. Consequently, this direct final rule does not meet the definition of a ‘‘Federal intergovernmental mandate’’ (see Section 421(5) of the UMRA, 2 U.S.C. 658(5). Therefore, for the purposes of the UMRA, OSHA certifies that this direct final rule does not mandate that state, local, or tribal governments adopt new, unfunded regulatory obligations, or increase expenditures by the private sector of more than $100 million in any year. tkelley on DSK3SPTVN1PROD with RULES4 G. Consultation and Coordination With Indian Tribal Governments OSHA reviewed this direct final rule in accordance with Executive Order 13175, 65 FR 67249 (2000), and determined that it does not have ‘‘tribal implications’’ as defined in that order. This direct final rule does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. VerDate Mar<15>2010 16:42 Jun 12, 2013 Jkt 229001 H. Consultation With the Advisory Committee on Construction Safety and Health Under 29 CFR parts 1911 and 1912, OSHA must consult with the Advisory Committee on Construction Safety and Health (‘‘ACCSH’’ or ‘‘the Committee’’), established pursuant to Section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. 3701–3708, in setting standards for construction work. Specifically, § 1911.10(a) requires the Assistant Secretary to provide ACCSH with a draft proposed rule (along with pertinent factual information) and give the Committee an opportunity to submit recommendations. See, also, § 1912.3(a) (‘‘[W]henever occupational safety or health standards for construction activities are proposed, the Assistant Secretary [for Occupational Safety and Health] shall consult the Advisory Committee’’). On March 18, 2013, OSHA presented to the ACCSH a draft of the proposed rule accompanying this direct final rule, as well as a table comparing the current regulatory text with the proposed regulatory text for the provisions of 29 CFR 1926.200 subject to this rulemaking. OSHA explained that it was proposing to update these provisions by allowing employers to comply with either the older ANSI standards, Z35.1– 1968, Z35.2–1968, and Z53.1–1967, or the latest ANSI standards, Z535.1– 006(R2011), Z535.2–2011, and Z535.5– 2011. The ACCSH subsequently recommended that OSHA proceed with the proposed rule to update § 1926.200 (a transcript of these proceedings is available at Docket No. OSHA–2013– 0005–0007, pp. 41–46). ACCSH members also suggested that OSHA consider replacing the illustrations of the old signs and tags it is removing from § 1926.200(b)(1), (c)(1), and (h)(2) with the new ones, or a combination of the old ones and the new ones. Id. at 21–23. OSHA will consider this suggestion. V. Authority and Signature David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210, authorized the preparation of this direct final rule. OSHA is issuing this direct final rule pursuant to 29 U.S.C. 653, 655, and 657; 5 U.S.C. 553; 40 U.S.C. 3701–3708; Secretary of Labor’s Order 1–2012, 77 FR 3912 (2012); and 29 CFR part 1911. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 35565 List of Subjects in 29 CFR Parts 1910 and 1926 Construction, General industry, Incorporation by reference, Occupational safety and health, Safety, Signs, Tags. Signed at Washington, DC, on June 5, 2013. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. Amendments to Standards For the reasons stated above in the preamble, the Occupational Safety and Health Administration is amending 29 CFR parts 1910 and 1926 as follows: PART 1910—[AMENDED] Subpart A—[Amended] 1. The authority citation for subpart A of part 1910 continues to read as follows: ■ Authority: 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), 1–90 (55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017), 5–2002 (67 FR 65008), 5–2007 (72 FR 31159), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912), as applicable. Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29 CFR 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, 5 U.S.C. 553; Public Law 106– 113 (113 Stat. 1501A–222); Pub. L. 11–8 and 111–317; and OMB Circular A–25 (dated July 8, 1993) (58 FR 38142, July 15, 1993). 2. Amend § 1910.6 as follows: a. Revise paragraphs (e)(59) and (e)(65); ■ b. Redesignate paragraphs (e)(66) through (e)(77) as paragraphs (e)(68) through (e)(79); and ■ c. Add paragraphs (e)(66) and (e)(67). ■ ■ § 1910.6 Incorporation by reference. * * * * * (e) * * * (59) ANSI Z35.1–1968, Specifications for Accident Prevention Signs; IBR approved for § 1910.261(c). Copies available for purchase from the IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: 1– 877–413–5184; Web site: www.global.ihs.com. * * * * * (65) USAS Z53.1–1967 (also referred to as ANSI Z53.1–1967), Safety Color Code for Marking Physical Hazards, ANSI approved October 9, 1967; IBR approved for § 1910.97(a) and 1910.145(d). Copies available for purchase from the IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: 1–877–413–5184; Web site: www.global.ihs.com. (66) ANSI Z535.1–2006(R2011), Safety Colors, reaffirmed July 19, 2011; E:\FR\FM\13JNR1.SGM 13JNR1 35566 Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Rules and Regulations IBR approved for §§ 1910.97(a) and 1910.145(d). Copies available for purchase from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209– 1762; telephone: 703–525–1695; fax: 703–528–2148; Web site: www.safetyequipment.org. (67) ANSI Z535.2–2011, Environmental and Facility Safety Signs, published September 15, 2011; IBR approved for § 1910.261(c). Copies available for purchase from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209–1762; telephone: 703–525–1695; fax: 703–528–2148; Web site: www.safetyequipment.org. * * * * * Subpart G—[Amended] 3. Revise the authority citation for subpart G of part 1910 to read as follows: ■ Authority: 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), 1–90 (55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017), 5–2002 (67 FR 50017), 5–2007 (72 FR 31159), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912), as applicable; and 29 CFR part 1911. 4. Amend § 1910.97 by revising paragraph (a)(3)(ii) to read as follows: ■ § 1910.97 Nonionizing radiation. * * * * * (a) * * * (3) * * * (ii) ANSI Z53.1–1967 or ANSI Z535.1–2006(R2011), incorporated by reference in § 1910.6, is for use for color specification. All lettering and the border shall be of aluminum color. * * * * * Subpart J—[Amended] 5. Revise the authority citation for subpart J of part 1910 to read as follows: ■ Authority: 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), 1–90 (55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017), 5–2007 (72 FR 31159), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912), as applicable. tkelley on DSK3SPTVN1PROD with RULES4 Sections 1910.141, 1910.142, 1910.145, 1910.146, and 1910.147 also issued under 29 CFR part 1911. 6. Amend § 1910.145 by revising paragraphs (d)(2), (d)(4), and (d)(6) to read as follows: ■ § 1910.145 Specifications for accident prevention signs and tags. * * * (d) * * * VerDate Mar<15>2010 * * 16:42 Jun 12, 2013 Jkt 229001 (2) Danger signs. The colors red, black, and white shall be those of opaque glossy samples as specified in Table 1, ‘‘Fundamental Specification of Safety Colors for CIE Standard Source ‘C,’ ’’ of ANSI Z53.1–1967 or in Table 1, ‘‘Specification of the Safety Colors for CIE Illuminate C and the CIE 1931, 2ß Standard Observer,’’ of ANSI Z535.1– 2006(R2011), incorporated by reference in § 1910.6. * * * * * (4) Caution signs. The standard color of the background shall be yellow; and the panel, black with yellow letters. Any letters used against the yellow background shall be black. The colors shall be those of opaque glossy samples as specified in Table 1 of ANSI Z53.1– 1967 or Table 1 of ANSI Z535.1– 2006(R2011), incorporated by reference in § 1910.6. * * * * * (6) Safety instruction signs. The standard color of the background shall be white; and the panel, green with white letters. Any letters used against the white background shall be black. The colors shall be those of opaque glossy samples as specified in Table 1 of ANSI Z53.1–1967 or in Table 1 of ANSI Z535.1–2006(R2011), incorporated by reference in § 1910.6. * * * * * Subpart R—[Amended] 7. Revise the authority citation for subpart R of part 1910 to read as follows: ■ Authority: 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), 1–90 (55 FR 9033), 6–96 (62 FR 111), 5–2007 (72 FR 31159)), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912), as applicable; and 29 CFR part 1911. 8. Amend § 1910.261 by revising paragraph (c)(16) to read as follows: ■ § 1910.261 mills. Pulp, paper, and paperboard * * * * * (c) * * * (16) Signs. When conveyors cross walkways or roadways in the yards, the employer must erect signs reading ‘‘Danger—Overhead Conveyor’’ or an equivalent warning, in accordance with ANSI Z35.1–1968 or ANSI Z535.2–2011, incorporated by reference in § 1910.6. * * * * * PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 PART 1926—[AMENDED] Subpart A—[Amended] 9. The authority citation for subpart A of part 1926 continues to read as follows: ■ Authority: 40 U.S.C. 333; 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), 5–2007 (72 FR 31160), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912), as applicable; and 29 CFR part 1911. 10. Amend § 1926.6 as follows: a. Revise paragraph (h)(24); b. Redesignate paragraphs (h)(27) through (h)(30) as (h)(31) through (h)(34) and paragraph (u)(1) as (u)(2); ■ c. Add paragraphs (h)(27) through (h)(30), and (u)(1); and ■ d. Revise newly redesignated paragraph (u)(2). ■ ■ ■ § 1926.6 Incorporation by reference. * * * * * (h) * * * (24) ANSI Z35.1–1968, Specifications for Accident Prevention Signs; IBR approved for § 1926.200(b), (c), and 1 (i). Copies available for purchase from the IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: 1–877–413–5184; Web site: www.global.ihs.com. * * * * * (27) USA Z53.1–1967 (also referred to as ANSI Z53.1–1967), Safety Color Code for Marking Physical Hazards, ANSI approved October 9, 1967; IBR approved for § 1926.200(c). Copies available for purchase from the IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; telephone: 1–877–413–5184; Web site: www.global.ihs.com. (28) ANSI Z535.1–2006(R2011), Safety Colors, reaffirmed July 19, 2011; IBR approved for § 1926.200(c). Copies available for purchase from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209–1762; telephone: 703–525–1695; fax: 703–528–2148; Web site: www.safetyequipment.org. (29) ANSI Z535.2–2011, Environmental and Facility Safety Signs, published September 15, 2011; IBR approved for § 1926.200(b), (c), and (i). Copies available for purchase from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209–1762; telephone: 703–525–1695; fax: 703–528–2148; Web site: www.safetyequipment.org. (30) ANSI Z535.5–2011, Safety Tags and Barricade Tapes (for Temporary Hazards), published September 15, 2011, including Errata, November 14, 2011; IBR approved for § 1926.200(h) E:\FR\FM\13JNR1.SGM 13JNR1 Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Rules and Regulations and (i). Copies available for purchase from the International Safety Equipment Association, 1901 North Moore Street, Arlington, VA 22209–1762; telephone: 703–525–1695; fax: 703–528–2148; Web site: www.safetyequipment.org. * * * * * (u) * * * (1) Manual on Uniform Traffic Control Devices (MUTCD), Part VI, Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility, and Incident Management Operation, 1988 Edition, Revision 3, September 3, 1993; IBR approved for §§ 1926.200(g), 1926.201(a), and 1926.202. Electronic copies of the MUTCD, 1988 Edition, Revision 3, are available for downloading at http://www.osha.gov/ doc/highway_workzones/mutcd/ index.html. (2) Manual on Uniform Traffic Control Devices (MUTCD), Millennium Edition, Dec. 2000; IBR approved for §§ 1926.200(g)), 1926.201(a), and 1926.202. Electronic copies of the MUTCD 2000 are available for downloading at http:// mutcd.fhwa.dot.gov/knomillennium_12.18.00.htm. * * * * * Subpart G—[Amended] 11. Revise the authority citation for subpart G of part 1926 to read as follows: ■ Authority: 40 U.S.C. 333; 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), 3–2000 (65 FR 50017), 5–2002 (67 FR 65008), 5–2007 (72 FR 31159), 4–2010 (75 FR 55355), or 1–2012 (77 FR 3912), as applicable; and 29 CFR part 1911. 12. Amend § 1926.200 by revising paragraphs (b)(1), (c)(1), (c)(3), (g)(2), (h)(2), and (i) to read as follows: ■ § 1926.200 tags. Accident prevention signs and tkelley on DSK3SPTVN1PROD with RULES4 * * * * * (b) Danger signs. (1) Danger signs shall be used only where an immediate hazard exists, and shall follow the specifications provided in Figure 1 of ANSI Z35.1–1968 or in Figure 2 of ANSI Z535.2–2011, incorporated by reference in § 1926.6. * * * * * (c) Caution signs. (1) Caution signs shall be used only to warn against potential hazards or to caution against unsafe practices, and shall follow the specifications provided in Figure 4 of ANSI Z35.1–1968 or in Figure 2 of ANSI Z535.2–2011, incorporated by reference for the sections specified in § 1926.6. * * * * * VerDate Mar<15>2010 16:42 Jun 12, 2013 Jkt 229001 (3) The standard color of the background shall be yellow; and the panel, black with yellow letters. Any letters used against the yellow background shall be black. The colors shall be those of opaque glossy samples as specified in Table 1 of ANSI Z53.1– 1967 or in Table 1 of ANSI Z535.1– 2006(R2011), incorporated by reference in § 1926.6. * * * * * (g) * * * (2) All traffic control signs or devices used for protection of construction workers shall conform to Part VI of the MUTCD, 1988 Edition, Revision 3, or Part VI of the MUTCD, Millennium Edition, incorporated by reference in § 1926.6. (h) * * * (2) For accident prevention tags, employers shall follow specifications that are similar to those in Figures 1 to 4 of ANSI Z35.2–1968 or Figures 1 to 8 of ANSI Z535.5–2011, incorporated by reference in § 1926.6. (i) Additional rules. ANSI Z35.1– 1968, ANSI Z535.2–2011, ANSI Z35.2– 1968, and ANSI Z535.5–2011, incorporated by reference in § 1926.6, contain rules in addition to those specifically prescribed in this subpart. The employer shall comply with ANSI Z35.1–1968 or ANSI Z535.2–2011, and ANSI Z35.2–1968 or Z535.5–2011, with respect to such additional rules. 13. Amend § 1926.201 by revising paragraph (a) to read as follows: ■ § 1926.201 Signaling. (a) Flaggers. Signaling by flaggers and the use of flaggers, including warning garments worn by flaggers, shall conform to Part VI of the Manual on Uniform Traffic Control Devices (1988 Edition, Revision 3, or the Millennium Edition), incorporated by reference in § 1926.6. * * * * * 14. Revise § 1926.202 to read as follows: ■ § 1926.202 Barricades. Barricades for protection of employees shall conform to Part VI of the Manual on Uniform Traffic Control Devices (1988 Edition, Revision 3, or the Millennium Edition), incorporated by reference in § 1926.6. [FR Doc. 2013–13909 Filed 6–12–13; 8:45 am] BILLING CODE 4510–26–P PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 35567 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0376] RIN 1625–AA00 Safety Zone; Lower Mississippi River, Mile Marker 219 to Mile Marker 229, in the Vicinity of Port Allen Lock Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone for all waters of the Lower Mississippi River beginning at mile marker 219 and ending at mile marker 229, extending the entire width of the river, in the vicinity of Port Allen Lock. This safety zone is needed to protect persons and vessels from the potential safety hazards associated with high water. Entry into this zone is prohibited unless vessels have met the specified instructions or specifically authorized by the Captain of the Port, New Orleans or a designated representative. This rule will be enforced with actual notice from 12 p.m. on May 5, 2013, until June 13, 2013. This rule is effective in the Code of Federal Regulations on June 13, 2013 until 12 p.m. on June 16, 2013. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2013– 0376. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Christopher Norton, Coast Guard Marine Safety Unit Baton Rouge; telephone (225) 298–5400, email Christopher.R.Norton@uscg.mil. If you have questions on viewing the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: DATES: E:\FR\FM\13JNR1.SGM 13JNR1

Agencies

[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Rules and Regulations]
[Pages 35559-35567]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13909]


=======================================================================
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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910 and 1926

[Docket No. OSHA-2013-0005]
RIN 1218-AC77


Updating OSHA Standards Based on National Consensus Standards; 
Signage

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

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Occupational Safety and Health Administration (``OSHA'' or 
``the Agency'') is issuing this direct final rule to update its general 
industry and construction signage standards by adding references to the 
latest versions of the American National Standards Institute (``ANSI'') 
standards on specifications for accident prevention signs and tags, 
ANSI Z535.1-2006(R2011), Z535.2-2011 and Z535.5-2011. In this 
rulemaking, OSHA is retaining the existing references to the earlier 
ANSI standards, ANSI Z53.1-1967, Z35.1-1968 and Z35.2-1968, in its 
signage standards, thereby providing employers an option to comply with 
the updated or earlier standards. OSHA also is incorporating by 
reference Part VI of the Manual of Uniform Traffic Control Devices 
(``MUTCD''), 1988 Edition, Revision 3, into the incorporation-by-
reference section of the construction standards having inadvertently 
omitted this edition of the MUTCD from this section during an earlier 
rulemaking, and amending citations in two provisions of the 
construction standards to show the correct incorporation-by-reference 
section. In addition, OSHA is publishing a notice of proposed 
rulemaking in today's Federal Register adding the same references.

[[Page 35560]]


DATES: This direct final rule will become effective on September 11, 
2013 unless OSHA receives a significant adverse comment to this direct 
final rule or the companion proposal by July 15, 2013. If OSHA receives 
a significant adverse comment, the Agency will publish a timely 
withdrawal of the direct final rule in the Federal Register.
    Submit comments on this direct final rule (including comments on 
the information-collection (paperwork) determination described under 
the section titled Procedural Determinations, hearing requests, and 
other information by July 15, 2013. All submissions must bear a 
postmark or provide other evidence of the submission date (the 
following section titled ADDRESSES describes the available methods of 
making submissions).
    The Director of the Federal Register approved the incorporation by 
reference of specific publications listed in this direct final rule as 
of September 11, 2013.

ADDRESSES: Submit comments, hearing requests, and other information as 
follows:
     Electronic. Submit comments electronically to http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow 
the instructions online for submitting comments.
     Facsimile. OSHA allows facsimile transmission of comments 
and hearing requests that are 10 pages or fewer in length (including 
attachments). Send these documents to the OSHA Docket Office at (202) 
693-1648; OSHA does not require hard copies of these documents. Instead 
of transmitting facsimile copies of attachments that supplement these 
documents (e.g., studies, journal articles), commenters must submit 
these attachments to the OSHA Docket Office, Technical Data Center, 
Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW., 
Washington, DC 20210. These attachments must clearly identify the 
sender's name, date, subject, and docket number (i.e., OSHA-2013-0005) 
so that the Agency can attach them to the appropriate document.
     Regular mail, express delivery, hand delivery, and 
messenger (courier) service. Submit comments and any additional 
material (e.g., studies, journal articles) to the OSHA Docket Office, 
Docket No. OSHA-2013-0005 or RIN 1218-AC77, Technical Data Center, Room 
N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW., 
Washington, DC 20210; telephone: (202) 693-2350. (OSHA's TTY number is 
(877) 889-5627.) Note that security procedures may result in 
significant delays in receiving comments and other written materials by 
regular mail. Contact the OSHA Docket Office for information about 
security procedures for delivery of materials by express delivery, hand 
delivery, and messenger service. The hours of operation for the OSHA 
Docket Office are 8:15 a.m. to 4:45 p.m., e.t.
     Instructions. All submissions must include the Agency name 
and the OSHA docket number (i.e., OSHA Docket No. OSHA-2013-0005). OSHA 
will place comments and other material, including any personal 
information, in the public docket without revision, and these materials 
will be available online at http://www.regulations.gov. Therefore, the 
Agency cautions commenters about submitting statements they do not want 
made public, or submitting comments that contain personal information 
(either about themselves or others) such as Social Security numbers, 
birth dates, and medical data.
    OSHA invites comments on all issues related to this direct final 
rule. The Agency also welcomes comments on its findings that this 
direct final rule would have no negative economic, paperwork, or other 
regulatory impacts on the regulated community. This direct final rule 
is the companion document of a notice of proposed rulemaking published 
in the ``Proposed Rules'' section of today's Federal Register. If OSHA 
receives no significant adverse comment on this direct final rule, the 
Agency will publish a Federal Register notice confirming the effective 
date of the final rule and withdrawing the companion proposed rule. The 
final rule may include minor stylistic or technical corrections of the 
direct final rule. For the purpose of judicial review, OSHA considers 
the date that the Agency confirms the effective date of the final rule 
to be the date of issuance. If, however, OSHA receives a significant 
adverse comment on the direct final rule or proposal, the Agency will 
publish a timely withdrawal of this direct final rule and proceed with 
the proposed rule, which addresses the same revisions of its signage 
standards.
     Docket. The electronic docket for this direct final rule 
established at http://www.regulations.gov lists most of the documents 
in the docket. Some information (e.g., copyrighted material), however, 
cannot be read or downloaded through this Web site. All submissions, 
including copyrighted material, are accessible at the OSHA Docket 
Office. Contact the OSHA Docket Office for assistance in locating 
docket submissions.

FOR FURTHER INFORMATION CONTACT: General information and press 
inquiries: Contact Frank Meilinger, OSHA Office of Communications, Room 
N-3647, U.S. Department of Labor, 200 Constitution Ave. NW., 
Washington, DC 20210; telephone: (202) 693-1999.
    Technical inquiries: Contact Kenneth Stevanus, Directorate of 
Standards and Guidance, Room N-3609, OSHA, U.S. Department of Labor, 
200 Constitution Ave. NW., Washington, DC 20210; telephone: (202) 693-
2260; fax: (202) 693-1663.

SUPPLEMENTARY INFORMATION: Copies of this Federal Register notice. 
Electronic copies of this Federal Register notice are available at 
http://www.regulations.gov. This Federal Register notice, as well as 
news releases and other relevant information, also are available at 
OSHA's Web page at http://www.osha.gov.
    Availability of Incorporated Standards. With the approval of the 
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 
51, OSHA incorporates by reference under 29 CFR 1910.6, and 1926.6 the 
American National Standards Institute (``ANSI'') standards cited in 29 
CFR 1910.97(a)(3)(ii); 1910.145(d)(2), (d)(4), and (d)(6); 
1910.261(c)(16); and 1926.200(b)(1), (c)(1), (c)(3), (g)(2), (h)(2), 
and (i). OSHA also is incorporating by reference under 29 CFR 1926.6 
Part VI of the MUTCD, 1988 Edition, Revision 3. To enforce any other 
version of the cited ANSI standards other than the editions specified 
by 29 CFR 1910.97(a)(3)(ii); 1910.145(d)(2), (d)(4), and (d)(6); 
1910.261(c)(16); and 1926.200(b)(1), (c)(1), (c)(3), (g)(2), (h)(2) and 
(i), or to enforce any other version of the cited edition of the MUTCD 
specified by 29 CFR 1926.200(g)(2); 1926.201(a); and 1926.202, OSHA 
must publish a notice of change in the Federal Register, and must make 
the material available to the public. All approved material is 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, telephone (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, the material is available for inspection at any 
OSHA Regional Office or the OSHA Docket Office (U.S. Department of 
Labor, 200 Constitution Ave. NW., Room N-2625, Washington, DC 20210; 
telephone: (202) 693-2350 (TTY number: (877) 889-5627)).

[[Page 35561]]

Table of Contents

I. Direct Final Rulemaking
II. Background
III. Summary and Explanation of Revisions to the Signage Standards
IV. Procedural Determinations
    A. Legal Considerations
    B. Final Economic Analysis and Regulatory Flexibility Act 
Certification
    C. OMB Review Under the Paperwork Reduction Act of 1995
    D. Federalism
    E. State-Plan States
    F. Unfunded Mandates Reform Act of 1995
    G. Consultation and Coordination with Indian Tribal Governments
    H. Consultation with the Advisory Committee on Construction 
Safety and Health
V. Authority and Signature

I. Direct Final Rulemaking

    In a direct final rulemaking, an agency publishes a direct final 
rule in the Federal Register along with a statement that the rule will 
become effective unless the agency receives a significant adverse 
comment within a specified period. The agency also publishes 
concurrently with the direct final rule an identical proposed rule. If 
the agency receives no significant adverse comment, the direct final 
rule will become effective. However, should the agency receive a 
significant adverse comment, the agency will withdraw the direct final 
rule and treat the comments as submissions on the proposed rule.
    OSHA uses direct final rules because it expects the rulemaking to 
be noncontroversial; provide protection to employees that is at least 
equivalent to the protection afforded to them by the previous standard-
development organization standard; and impose no significant new 
compliance costs on employers (69 FR 68283, 68285 (2004)). OSHA used 
direct final rules previously to update or, when appropriate, revoke 
references to previous national consensus standards in OSHA rules (see, 
e.g., 69 FR 68283 (2004); 70 FR 76979 (2006); 76 FR 75782 (2011); and 
77 FR 37587 (2012)).
    For the purposes of this direct final rule, a significant adverse 
comment is one that ``explains why the rule would be inappropriate, 
including challenges to the rule's underlying premise or approach, or 
why it would be ineffective or unacceptable without a change'' (see 60 
FR 43108, 43111(1995)). In determining whether a comment necessitates 
withdrawal of the direct final rule, OSHA will consider whether the 
comment raises an issue serious enough to warrant a substantive 
response in a notice-and-comment process. OSHA will not consider a 
comment recommending additional revisions to a rule to be a significant 
adverse comment unless the comment states why the direct final rule 
would be ineffective without the revisions. If OSHA receives a timely 
significant adverse comment, it will publish a Federal Register notice 
withdrawing the direct final rule no later than 90 days after the 
publication date of this current notice.
    This direct final rulemaking furthers the objectives of Executive 
Order 13563, which requires that the regulatory process ``promote 
predictability and reduce uncertainty'' and ``identify and use the 
best, most innovative and least burdensome tools for achieving 
regulatory ends.'' As described below, the revisions will make the 
requirements of OSHA's signage standards consistent with the most 
recent national consensus standards, thereby eliminating confusion and 
clarifying employers' obligations (for the purposes of this rulemaking, 
the term ``signage standards'' refers to standards that regulate both 
signs and tags). Therefore, OSHA believes that these revisions will not 
compromise the safety of employees, but will instead enhance employee 
protection. Accordingly, the Agency concludes that updating the 
references to the national consensus standards in its signage standards 
is consistent with, and promotes the objectives of, Executive Order 
13563.

II. Background

    In June 2009, the National Electrical Manufacturers Association 
(NEMA) contacted OSHA and, based on a letter from ANSI, requested that 
the Agency add references to the latest versions of ANSI's Z535 series 
of standards to OSHA's signage standards. Letter dated June 2, 2009, 
from Kyle Pitsor, Vice President, Government Relations, NEMA, to 
Richard Fairfax, Director, Directorate of Enforcement Programs, OSHA 
(Ex. OSHA-2013-0005-0003, p. 1), attaching a letter dated May 28, 2009, 
from Geoffrey Peckham, Chair, ANSI Z535.2 Subcommittee, to Mr. Fairfax 
(Ex. OSHA-2013-0005-0003, p. 3). NEMA specifically advocated 
incorporating by reference ANSI Z535.2, ``Environmental and Facility 
Safety Signs,'' in OSHA standards that refer to old\1\ versions of this 
ANSI standard. Pitsor letter (Ex. OSHA-2013-0005-0003, p. 1); accord 
Peckham letter (Ex. OSHA-2013-0005-0003, p. 3).
---------------------------------------------------------------------------

    \1\ The terms ``old'' and ``older,'' as used in this Federal 
Register notice, refer specifically to signs or tags that comply 
with ANSI Z53.1-1967, Z35.1-1968 and Z35.2-1968.
---------------------------------------------------------------------------

    Over the next few years, OSHA staff met with NEMA several times to 
discuss the association's request that OSHA adopt ANSI's Z535 series of 
standards. Besides urging OSHA to incorporate ANSI Z535.2 by reference, 
NEMA also asked the Agency to update its standards' references to ANSI 
Z53.1-67, ``Safety Color Code for Marking Physical Hazards and the 
Identification of Certain Equipment,'' by citing the current version of 
this standard, ANSI Z535.1, ``Safety Colors.'' As a result of these 
meetings and as recorded in a second letter to OSHA, NEMA provided the 
Agency with side-by-side comparisons of ANSI Z35.1-68, Z535.2-2007, and 
Z535.2-2011, and ANSI Z53.1-67, Z535.1-2006, and Z535.1-2006(R2011), 
and other relevant materials such as signs, which OSHA evaluated. 
Letter dated March 30, 2011, from Evan Gaddis, President and CEO, NEMA, 
to Dr. David Michaels, Assistant Secretary of Labor for Occupational 
Safety and Health; Side-by-Side Comparisons of ANSI standards; NEMA 
Signage Materials (Exs. OSHA-2013-0005-0004 through -0006). OSHA also 
subsequently considered whether it should also incorporate by reference 
ANSI Z535.5, ``Safety Tags and Barricade Tapes (for Temporary 
Hazards),'' into those OSHA standards that refer to a much older 
version of this ANSI standard.
    At present, employers continue to use the old signs and tags not 
only because they are long-lasting and rarely need replacing, but also 
because they comply with OSHA's current signage standards, which 
incorporate the old ANSI standards by reference. Both NEMA and ANSI 
contend that incorporating the new ANSI standards by reference is 
necessary to encourage employers to buy and use signs and tags that 
comply with these standards without receiving a de minimis notice for 
failure to comply with the old ANSI standards.\2\ Pitsor letter (Ex. 
OSHA-2013-0005-0003, p. 1); Peckham letter (Ex. OSHA-2013-0005-0003, p. 
3).
---------------------------------------------------------------------------

    \2\ According to OSHA's Field Operations Manual (FOM), a de 
minimis condition occurs when ``[a]n employer has implemented a 
measure different than the one specified in a standard, that has no 
direct or immediate relationship to safety or health.'' FOM, CPL 02-
00-150, Ch. 4, Sec.  VIII, pp. 4-36 to 4-37 (Apr. 22, 2011), 
available on OSHA's Web page. OSHA issues no citations or penalties 
for these conditions, but compliance officers will document the 
condition during an inspection. Id. at 4-36. See, also, Letter of 
Interpretation dated February 22, 2011, from Thomas Galassi, 
Director, Directorate of Enforcement Programs, OSHA, to Richard A. 
Eichel, ATA Safety, describing OSHA's de minimis enforcement policy 
with regard to ANSI signs; available at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=27641.
---------------------------------------------------------------------------

    NEMA and ANSI further assert that signs and tags meeting the latest 
version

[[Page 35562]]

of the ANSI standards, the Z535 series, provide an equal or greater 
level of protection than the currently required signs that comply with 
the old ANSI standards, Z35.1, Z35.2, and Z53.1, cited in OSHA's 
standards. Pitsor letter (Ex. OSHA-2013-0005-0003, p. 1); Peckham 
letter (Ex. OSHA-2013-0005-0003, p. 3). In its letter, ANSI provides an 
exhibit demonstrating why it believes the new Z535.2-2007 signs are at 
least as protective as the old Z35.1 signs (Peckham letter, Ex. OSHA-
2013-0005-0003, p. 10 (Peckham's Ex. 6).\3\ The exhibit, which compares 
the information contained in the two sets of signs, shows that the new 
Z535.2 signs typically have at least as much information as the Z35.1 
signs. Moreover, the new ANSI safety-color standard, ANSI Z535.1-
2006(2011), includes two safety colors, brown and gray, that were not 
in Z53.1-1967. See ANSI Z535.1-2006(2011), pp. v-vi (ANSI also added 
safety blue in the 1979 revision after deleting this color in the 1971 
revision).
---------------------------------------------------------------------------

    \3\ This exhibit is actually Exhibit 6 of the Peckham letter, 
but is mislabeled as Exhibit 5.
---------------------------------------------------------------------------

    ANSI and NEMA also claim that the new signs provide additional 
information, including the specific identity of the hazard, a 
description of how serious the hazard is, how to avoid the hazard, and 
the probable consequences of not avoiding the hazard. Peckham letter 
(Exs. OSHA-2013-0005-0003, pp. 7-9, and OSHA-2013-0005-0006, pp. 9-11). 
ANSI further argues that, the old sign formats ``lack the ability to 
contain [the] symbols, more extensive word messages, multiple messages, 
and additional languages'' necessary to communicate critical safety 
information to an increasingly multicultural work force. Id., pp. 6 and 
9-10. NEMA also submitted an ANSI timeline of the institute's 
standards, and the safety signs that complied with those standards, for 
the years 1914 to 2011; this timeline illustrates additions made to the 
information contained in these signs during this period. NEMA Signage 
Materials, pp. 6-8 (Ex. OSHA-2013-0005-0006). Based on the available 
record, OSHA believes that the new signs are at least as protective as 
the old ones. Therefore, this direct final rule is incorporating the 
ANSI Z535 series by reference in the applicable OSHA signage standards 
so that employers will be able to buy and use the new signs without the 
prospect of receiving de minimis notices for using noncompliant signs. 
OSHA invites the public to comment on its conclusion that the new signs 
are as effective as the old ones.

III. Summary and Explanation of Revisions to the Signage Standards

    As discussed in a previous Federal Register notice (69 FR 68283 
(2004)), OSHA is undertaking a series of projects to update its 
standards to incorporate the latest versions of national consensus and 
industry standards. These projects include updating or removing 
national consensus and industry standards cited in existing OSHA 
standards, updating the text of standards that OSHA adopted directly 
from previous national consensus standards, and, when appropriate, 
replacing specific references to previous national consensus and 
industry standards with performance requirements.
    This direct final rule updates the references to ANSI consensus 
standards in four provisions of OSHA's general industry and 
construction standards: 29 CFR 1910.97, Nonionizing radiation; Sec.  
1910.145, Specifications for accident prevention signs and tags; Sec.  
1910.261, Pulp, paper, and paper board mills; and Sec.  1926.200, 
Accident prevention signs and tags. These provisions incorporate by 
reference ANSI consensus standards Z53.1-1967, ``Safety Color Code for 
Marking Physical Hazards and the Identification of Certain Equipment''; 
Z35.1-1968, ``Specifications for Accident Prevention Signs''; and 
Z35.2-1968, ``Specifications for Accident Prevention Tags.'' The direct 
final rule will allow employers to comply with either these ANSI 
standards or the latest versions of them, Z535.1-2006(R2011), Z535.2-
2011, and Z535.5-2011. The latter compliance option will allow 
employers to update their signage based on the newest ANSI consensus 
standards without violating OSHA's requirements. In addition, since 
employers will not have to update their signage, there is no additional 
compliance cost or burden resulting from this rulemaking. The direct 
final rule will revise the above four provisions in the following ways:
    (1) OSHA's general industry standard on nonionizing radiation at 
Sec.  1910.97(a)(3)(ii) requires employers to use the color 
specification provided by ANSI 53.1-1953, ``Safety Color Code for 
Marking Physical Hazards,'' which OSHA incorporated by reference under 
Sec.  1910.6 in 1974 (39 FR 23502 (1974)). Currently, Sec.  1910.6 
refers to ANSI Z53.1-1967, ``Safety Color Code for Marking Physical 
Hazards and the Identification of Certain Equipment'' because, on March 
7, 1996, OSHA incorporated ANSI Z53.1-1967 by reference under Sec.  
1910.6 without revising the reference to ANSI Z53.1-1953 in Sec.  
1910.97(a)(3)(ii) (see 61 FR 9228, 9232 (1996)). In addition, OSHA did 
not obtain approval from the Office of the Federal Register during the 
1996 rulemaking to incorporate ANSI Z53.1-1967 by reference under Sec.  
1910.6. With this direct final rule, OSHA is correcting this oversight 
by incorporating ANSI Z53.1-1967 by reference under Sec.  1910.6 after 
obtaining approval to do so from the Office of the Federal Register. In 
addition, this direct final rule will update the nonionizing radiation 
provision by incorporating ANSI Z535.1-2006(R2011), ``Safety Colors,'' 
by reference. This addition will allow employers to comply with the 
1967 version or the 2006(R2011) version of the cited ANSI standard.
    (2) OSHA's general industry standard on specifications for 
accident-prevention signs and tags at Sec.  1910.145 refers to ANSI 
standard Z53.1-1967, ``Safety Colors for Marking Physical Hazards and 
the Identification of Certain Equipment,'' which Sec.  1910.6 
incorporated by reference in three places: Sec. Sec.  1910.145(d)(2), 
Danger signs; 1910.145(d)(4), Caution signs; and 1910.145(d)(6), Safety 
instruction signs. However, as noted above, the Office of the Federal 
Register did not approve ANSI Z53.1-1967 for incorporation by reference 
under Sec.  1910.6. Therefore, this direct final rule is correcting 
this oversight by incorporating that ANSI standard by reference under 
Sec.  1910.6 after receiving approval from the Office of the Federal 
Register to do so.
    Each of the three cited provisions of Sec.  1910.145(d) specifies 
the colors employers must use for each type of sign, and requires that 
the signs meet the specifications in Table 1, ``Fundamental 
Specification of Safety Colors for CIE Standard Source `C,' '' of ANSI 
Z53.1-1967. The direct final rule will update each of these sections by 
referencing Table 1, ``Specification of the Safety Colors for CIE 
Illuminate C and the CIE 1931, 2[deg] Standard Observer,'' of ANSI 
Z535.1-2006(R2011), ``Safety Colors,'' which it incorporates by 
reference. This addition will allow employers to comply with the 1967 
version or the 2006(R2011) version of the cited ANSI standard.
    (3) OSHA's general industry standard on pulp, paper, and paper 
board mills at Sec.  1910.261 refers to ANSI Z35.1-1968, 
``Specifications for Accident Prevention Signs,'' which Sec.  
1910.6(e)(59) incorporates by reference in two places. First, Sec.  
1910.261(c)(16) refers to this 1968 ANSI standard. The direct final 
rule will update Sec.  1910.261(c)(16) by incorporating ANSI Z535.2-
2011, ``Environmental and Facility Safety Signs,'' by reference in 
Sec.  1910.6(e)(60). This addition will allow

[[Page 35563]]

employers to comply with the 1968 version or the 2011 version of the 
cited ANSI standard.
    Second, Sec.  1910.6(e)(59) incorporates Z35.1-1968, 
``Specifications for Accident Prevention Signs,'' by reference in Sec.  
1910.261(a)(3)(xxiv). However, on June 18, 1998, as part of an OSHA 
rulemaking, the Agency removed subsection Sec.  1910.261(a)(3)(xxiv) 
from the pulp, paper, and paper board mills standard, but did not 
remove the reference to Sec.  1910.261(a)(3)(xxiv) in Sec.  
1910.6(e)(59). The direct final rule will correct this oversight.
    (4) OSHA's construction standard on accident prevention signs and 
tags, Sec.  1926.200, refers to ANSI standards Z35.1-1968, 
``Specifications for Accident Prevention Signs''; Z35.2-1968, 
``Specifications for Accident Prevention Tags''; or Z53.1-1967, 
``Safety Color Code for Marking Physical Hazards and the Identification 
of Certain Equipment,'' in five places discussed below.\4\ In addition, 
as discussed below, Sec.  1926.200 is incorporating by reference Part 
VI of the MUTCD, 1988 Edition, Revision 3.
---------------------------------------------------------------------------

    \4\ Although Sec.  1926.200(c)(3) currently refers to ANSI 
Z53.1-1967, OSHA did not incorporate that ANSI standard by reference 
under Sec.  1926.6. This direct final rule, therefore, is correcting 
this oversight by incorporating ANSI Z53.1-1967 by reference under 
Sec.  1926.6.
---------------------------------------------------------------------------

    The first reference to one of these old ANSI standards is in Sec.  
1926.200(b)(1), Danger signs, which refers to Figure G-1, which is 
identical to Figure 1 in ANSI Z35.1-1968, ``Specifications for Accident 
Prevention Signs.'' The second reference is in Sec.  1926.200(c)(1), 
Caution signs, which refers to Figure G-2, which is identical to Figure 
4 in the same ANSI standard. The direct final rule will remove Figures 
G-1 and G-2 from Sec.  1926.200(b)(1) and (c)(1), and update these 
provisions by referencing the appropriate figures from ANSI Z35.1-1968 
and ANSI Z535.2-2011, ``Environmental and Facility Safety Signs.'' 
These revisions, therefore, will give employers the option of using the 
figures from either ANSI standard.
    The third reference to an old ANSI standard is in Sec.  
1926.200(c)(3), which refers to ANSI Z53.1-1967, ``Safety Color Code 
for Marking Physical Hazards and the Identification of Certain 
Equipment.'' This OSHA provision specifies the colors employers must 
use in caution signs, and requires that the signs meet the 
specifications in Table 1 of ANSI Z53.1-1967. This direct final rule 
will update Sec.  1926.200(c)(3) by adding a reference to Table 1 of 
ANSI Z535.1-2006(R2011), ``Safety Colors,'' the latest version of 
Z53.1-1967. This addition, therefore, will allow employers to use 
either Table 1 of Z53.1-1967 or Table 1 of Z535.1-2006(R2011).
    The fourth reference to an old ANSI standard is in Sec.  
1926.200(h)(2), Accident prevention tags, which says that 
specifications for accident-prevention tags similar to the 
specifications in Table G-1 apply; OSHA based Table G-1 on Figures 1 to 
4 in ANSI Z35.2-1968, ``Specifications for Accident Prevention Tags.'' 
The direct final rule will remove Table G-1 from Sec.  1926.200(h)(2), 
and update this provision by referencing Figures 1 to 4 of ANSI Z35.2-
1968 and Figures 1 to 8 of Z535.5-2011, ``Safety Tags and Barricade 
Tapes (for Temporary Hazards).'' These revisions, therefore, will give 
employers the option of using the figures from either ANSI standard.
    The fifth reference to the old ANSI standards is in Sec.  
1926.200(i), which refers to ANSI Z35.1-1968, ``Specifications for 
Accident Prevention Signs,'' and Z35.2-1968, ``Specifications for 
Accident Prevention Tags.'' Section 1926.200(i) requires employers to 
follow these two ANSI standards with respect to OSHA rules not 
specifically prescribed in 29 CFR 1926, subpart G. This direct final 
rule will update Sec.  1926.200(i) by adding Z535.2-2011, 
``Environmental and Facility Safety Signs,'' and Z535.5-2011, ``Safety 
Tags and Barricade Tapes (for Temporary Hazards),'' the latest versions 
of the cited ANSI standards, as references. These additions will allow 
employers to comply with Z35.1-1968 or Z535.2-11 for signs, and Z35.2-
1968 or Z535.5-11 for tags.
    This direct final rule also will update paragraph (g)(2) of Sec.  
1926.200 by removing the language referring to the Director of the 
Federal Register's approval for incorporation by reference of Part VI 
of the 1988 Edition, Revision 3, of the MUTCD, and adding a reference 
to Sec.  1926.6 instead (i.e., this reference indicates such approval). 
Additionally, in an earlier rulemaking (see 75 FR 47906, 48132 (2010)), 
OSHA inadvertently removed Part VI of the MUTCD from Sec.  1926.6. This 
direct final rule will correct this oversight by returning the 
reference to Part VI of the MUTCD to Sec.  1926.6; it also will remove 
the reference to Sec.  1926.200(g)(2) as the incorporation-by-reference 
provision in Sec.  1926.201(a) and Sec.  1926.202, and replace it with 
a reference to Sec.  1926.6.
    In summary, OSHA believes, based on the discussion above under 
Background, that many general industry and construction employers 
currently comply with the ANSI signage requirements incorporated by 
reference in its existing signage standards, i.e., ANSI Z35.1-1968, 
Z35.2-1968, and Z53.1-1967. Therefore, OSHA is retaining these 
requirements in its signage standards. OSHA also determined that the 
latest editions of the ANSI signage standards, i.e., Z535.1-
2006(R2011), Z535.2-2011, and Z535.5-2011, provide at least as 
effective protection to employees as the old ANSI standards 
incorporated by reference in the Agency's signage standards. 
Accordingly, OSHA is giving employers the option of complying with the 
old or the new ANSI standards. Since employers can choose to comply 
with OSHA's existing signage standards, incorporating the new ANSI 
standards by reference will not increase the cost or burden of 
compliance.

IV. Procedural Determinations

A. Legal Considerations

    The purpose of the Occupational Safety and Health Act of 1970 (OSH 
Act), 29 U.S.C. 65-78, is to achieve to the extent possible safe and 
healthful working conditions for all employees. 29 U.S.C. 651(b). To 
achieve this goal, Congress authorized the Secretary of Labor to 
promulgate and enforce occupational safety and health standards. 29 
U.S.C. 654(b), 655(b). A safety or health standard is a standard that 
``requires conditions, or the adoption or use of one or more practices, 
means, methods, operations, or processes reasonably necessary or 
appropriate to provide safe or healthful employment and places of 
employment.'' 29 U.S.C. 652(8). A standard is reasonably necessary or 
appropriate within the meaning of Section 652(8) of the OSH Act when a 
significant risk of material harm exists in the workplace and the 
standard would substantially reduce or eliminate that workplace risk. 
See Industrial Union Department, AFL-CIO v. American Petroleum 
Institute, 448 U.S. 607 (1980). OSHA already determined that 
requirements specified by signage standards, including design 
requirements, are reasonably necessary or appropriate within the 
meaning of Section 652(8) (see, e.g., 49 FR 49726, 49737 (1978); 51 FR 
33251, 33251-33259 (1986)).
    This direct final rule neither reduces employee protection nor 
alters an employer's obligations under the existing standards. Under 
this direct final rule, employers will be able to continue to use the 
same signs and tags they are using currently to meet their compliance 
obligations under the existing standards' design-criteria requirements. 
This direct final rule provides employers with additional

[[Page 35564]]

options for meeting the design-criteria requirements for signage 
protection. Therefore, this direct final rule does not alter the 
substantive protection that employers must provide to employees or 
impose a new compliance burden on employers. Accordingly, OSHA need 
not, in this rulemaking, determine significant risk or the extent to 
which this direct final rule will reduce that risk, as typically 
required by Industrial Union Department.

B. Final Economic Analysis and Regulatory Flexibility Act Certification

    This direct final rule is not economically significant within the 
context of Executive Order 12866, or a major rule under the Unfunded 
Mandates Reform Act or Section 801 of the Small Business Regulatory 
Enforcement Fairness Act. In addition, this direct final rule complies 
with Executive Order 13563. The rulemaking imposes no additional costs 
on any private-sector or public-sector entity, and does not meet any of 
the criteria for an economically significant or major rule specified by 
the Executive Order or relevant statutes.
    This rulemaking allows employers increased flexibility in choosing 
signage for the protection of their employees. This direct final rule, 
however, does not require an employer to update or replace its signage 
solely as a result of this rule if the employer's current signage 
protection meets the revised standards. Because the rule imposes no 
costs, OSHA certifies that it will not have a significant economic 
impact on a substantial number of small entities.

C. OMB Review Under the Paperwork Reduction Act of 1995

    This rulemaking does not impose new information-collection 
requirements for purposes of the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501-30. Accordingly, the Agency does not have to prepare an 
Information Collection Request in association with this rulemaking.
    Members of the public may respond to this paperwork determination 
by sending their written comments to the Office of Information and 
Regulatory Affairs, Attn: OSHA Desk Officer (RIN 1218-AC77), Office of 
Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 
20503. The Agency encourages commenters to submit these comments to the 
rulemaking docket, along with their comments on other parts of this 
direct final rule. For instructions on submitting these comments and 
accessing the docket, see the sections of this Federal Register notice 
titled DATES and ADDRESSES. OSHA, however, will not consider any 
comment received on this paperwork determination to be a ``significant 
adverse comment'' as specified above under the section titled Direct 
Final Rulemaking.
    To make inquiries, or to request other information, contact Mr. 
Todd Owen, Directorate of Standards and Guidance, OSHA, Room N-3609, 
U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC 
20210; telephone (202) 693-2222.

D. Federalism

    OSHA reviewed this direct final rule in accordance with the 
Executive Order on Federalism (Executive Order 13132, 64 FR 43255, 
August 10, 1999), which 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 clear constitutional authority exists and 
the problem is national in scope. Executive Order 13132 provides for 
preemption of state law only with the expressed consent of Congress. 
Agencies must limit any such preemption to the extent possible.
    Under Section 18 of the OSH Act, 29 U.S.C. 667, Congress expressly 
provides that states may adopt, with Federal approval, a plan for the 
development and enforcement of occupational safety and health standards 
(29 U.S.C. 667); OSHA refers to states that obtain Federal approval for 
such a plan as ``State-Plan states.'' Occupational safety and health 
standards developed by State-Plan states must be at least as effective 
in providing safe and healthful employment and places of employment as 
the Federal standards. Subject to these requirements, State-Plan states 
are free to develop and enforce under state law their own requirements 
for occupational safety and health standards.
    While OSHA drafted this direct final rule to protect employees in 
every state, Section 18(c)(2) of the OSH Act permits State-Plan states 
and U.S. territories to develop and enforce their own standards for 
signage protection provided these requirements are at least as 
effective in providing safe and healthful employment and places of 
employment as the requirements specified in this direct final rule.
    In summary, this direct final rule complies with Executive Order 
13132. In states without OSHA-approved state plans, this rulemaking 
limits state policy options in the same manner as other OSHA standards. 
In State-Plan states, this rulemaking does not significantly limit 
state policy options because, as explained in the following section, 
State-Plan states do not have to adopt this direct final rule.

E. State-Plan States

    When Federal OSHA promulgates a new standard or amends an existing 
standard to be more stringent than it was previously, the 27 states or 
U.S. territories with their own OSHA-approved occupational safety and 
health plans must revise their standards to reflect the new standard or 
amendment, or show OSHA why such action is unnecessary, e.g., because 
an existing state standard covering this area is at least as effective 
in protecting workers as the new Federal standard or amendment. 29 CFR 
1953.5(a). In this regard, the state standard must be at least as 
effective as the final Federal rule. State-Plan states must adopt the 
Federal standard or complete their own standard within six months of 
the publication date of the final Federal rule. When OSHA promulgates a 
new standard or amendment that does not impose additional or more 
stringent requirements than the existing standard, State-Plan states 
need not amend their standards, although OSHA may encourage them to do 
so. The following 21 states and 1 U.S. territory have OSHA-approved 
occupational safety and health plans that apply only to private-sector 
employers: Alaska, Arizona, California, Hawaii, Indiana, Iowa, 
Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North 
Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, 
Vermont, Virginia, Washington, and Wyoming. In addition, Connecticut, 
Illinois, New Jersey, New York, and the Virgin Islands have OSHA-
approved State Plans that apply only to state and local government 
employees.
    This direct final rule will not impose any additional or more 
stringent requirements on employers compared to existing OSHA 
standards. Through this rulemaking, OSHA is incorporating by reference 
three recent editions of the applicable national consensus standards in 
its existing signage protection standards. This direct final rule does 
not require employers to update or replace their signage solely as a 
result of this rulemaking if their current signage meets the 
requirements of this direct final rule. OSHA believes that adding the 
new references to ANSI Z535.1-2006(R2011), ANSI Z535.2-2011, and ANSI 
Z535.5-2011, while retaining the current references to ANSI Z35.1-1968, 
Z35.2-1968, and Z53.1-1967, will impose no additional compliance 
obligations on employers because employers can continue using their

[[Page 35565]]

existing signage and, when necessary, update their signage and not be 
out of compliance.
    Therefore, this direct final rule does not require action under 29 
CFR 1953.5(a), and State-Plan states do not need to adopt this rule or 
show OSHA why such action is unnecessary. However, to the extent these 
State-Plan states have the same standards as the OSHA standards 
affected by this direct final rule, OSHA encourages them to adopt the 
amendments.

F. Unfunded Mandates Reform Act of 1995

    OSHA reviewed this direct final rule according to the Unfunded 
Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1501-1571, and Executive 
Order 12875, 58 FR 58093 (1993). 75 FR 48130; 2010. As discussed above 
in Section IV.B (``Final Economic Analysis and Regulatory Flexibility 
Certification'') of this preamble, OSHA determined that this direct 
final rule imposes no additional costs on any private-sector or public-
sector entity. Accordingly, this direct final rule requires no 
additional expenditures by either public or private employers.
    As noted above under Section IV.E (``State-Plan States'') of this 
preamble, OSHA standards do not apply to state or local governments 
except in states that elected voluntarily to adopt an OSHA-approved 
state plan. Consequently, this direct final rule does not meet the 
definition of a ``Federal intergovernmental mandate'' (see Section 
421(5) of the UMRA, 2 U.S.C. 658(5). Therefore, for the purposes of the 
UMRA, OSHA certifies that this direct final rule does not mandate that 
state, local, or tribal governments adopt new, unfunded regulatory 
obligations, or increase expenditures by the private sector of more 
than $100 million in any year.

G. Consultation and Coordination With Indian Tribal Governments

    OSHA reviewed this direct final rule in accordance with Executive 
Order 13175, 65 FR 67249 (2000), and determined that it does not have 
``tribal implications'' as defined in that order. This direct final 
rule does not have substantial direct effects on one or more Indian 
tribes, on the relationship between the Federal government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal government and Indian tribes.

H. Consultation With the Advisory Committee on Construction Safety and 
Health

    Under 29 CFR parts 1911 and 1912, OSHA must consult with the 
Advisory Committee on Construction Safety and Health (``ACCSH'' or 
``the Committee''), established pursuant to Section 107 of the Contract 
Work Hours and Safety Standards Act, 40 U.S.C. 3701-3708, in setting 
standards for construction work. Specifically, Sec.  1911.10(a) 
requires the Assistant Secretary to provide ACCSH with a draft proposed 
rule (along with pertinent factual information) and give the Committee 
an opportunity to submit recommendations. See, also, Sec.  1912.3(a) 
(``[W]henever occupational safety or health standards for construction 
activities are proposed, the Assistant Secretary [for Occupational 
Safety and Health] shall consult the Advisory Committee'').
    On March 18, 2013, OSHA presented to the ACCSH a draft of the 
proposed rule accompanying this direct final rule, as well as a table 
comparing the current regulatory text with the proposed regulatory text 
for the provisions of 29 CFR 1926.200 subject to this rulemaking. OSHA 
explained that it was proposing to update these provisions by allowing 
employers to comply with either the older ANSI standards, Z35.1-1968, 
Z35.2-1968, and Z53.1-1967, or the latest ANSI standards, Z535.1-
006(R2011), Z535.2-2011, and Z535.5-2011. The ACCSH subsequently 
recommended that OSHA proceed with the proposed rule to update Sec.  
1926.200 (a transcript of these proceedings is available at Docket No. 
OSHA-2013-0005-0007, pp. 41-46). ACCSH members also suggested that OSHA 
consider replacing the illustrations of the old signs and tags it is 
removing from Sec.  1926.200(b)(1), (c)(1), and (h)(2) with the new 
ones, or a combination of the old ones and the new ones. Id. at 21-23. 
OSHA will consider this suggestion.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Ave. NW., Washington, DC 20210, authorized the preparation 
of this direct final rule. OSHA is issuing this direct final rule 
pursuant to 29 U.S.C. 653, 655, and 657; 5 U.S.C. 553; 40 U.S.C. 3701-
3708; Secretary of Labor's Order 1-2012, 77 FR 3912 (2012); and 29 CFR 
part 1911.

List of Subjects in 29 CFR Parts 1910 and 1926

    Construction, General industry, Incorporation by reference, 
Occupational safety and health, Safety, Signs, Tags.

    Signed at Washington, DC, on June 5, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to Standards

    For the reasons stated above in the preamble, the Occupational 
Safety and Health Administration is amending 29 CFR parts 1910 and 1926 
as follows:

PART 1910--[AMENDED]

Subpart A--[Amended]

0
1. The authority citation for subpart A of part 1910 continues to read 
as follows:

    Authority: 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), 1-90 
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 
65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 
3912), as applicable.
    Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29 
CFR 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 
U.S.C. 9a, 5 U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222); 
Pub. L. 11-8 and 111-317; and OMB Circular A-25 (dated July 8, 1993) 
(58 FR 38142, July 15, 1993).


0
2. Amend Sec.  1910.6 as follows:
0
a. Revise paragraphs (e)(59) and (e)(65);
0
b. Redesignate paragraphs (e)(66) through (e)(77) as paragraphs (e)(68) 
through (e)(79); and
0
c. Add paragraphs (e)(66) and (e)(67).


Sec.  1910.6  Incorporation by reference.

* * * * *
    (e) * * *
    (59) ANSI Z35.1-1968, Specifications for Accident Prevention Signs; 
IBR approved for Sec.  1910.261(c). Copies available for purchase from 
the IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; 
telephone: 1-877-413-5184; Web site: www.global.ihs.com.
* * * * *
    (65) USAS Z53.1-1967 (also referred to as ANSI Z53.1-1967), Safety 
Color Code for Marking Physical Hazards, ANSI approved October 9, 1967; 
IBR approved for Sec.  1910.97(a) and 1910.145(d). Copies available for 
purchase from the IHS Standards Store, 15 Inverness Way East, 
Englewood, CO 80112; telephone: 1-877-413-5184; Web site: 
www.global.ihs.com.
    (66) ANSI Z535.1-2006(R2011), Safety Colors, reaffirmed July 19, 
2011;

[[Page 35566]]

IBR approved for Sec. Sec.  1910.97(a) and 1910.145(d). Copies 
available for purchase from the International Safety Equipment 
Association, 1901 North Moore Street, Arlington, VA 22209-1762; 
telephone: 703-525-1695; fax: 703-528-2148; Web site: 
www.safetyequipment.org.
    (67) ANSI Z535.2-2011, Environmental and Facility Safety Signs, 
published September 15, 2011; IBR approved for Sec.  1910.261(c). 
Copies available for purchase from the International Safety Equipment 
Association, 1901 North Moore Street, Arlington, VA 22209-1762; 
telephone: 703-525-1695; fax: 703-528-2148; Web site: 
www.safetyequipment.org.
* * * * *

Subpart G--[Amended]

0
3. Revise the authority citation for subpart G of part 1910 to read as 
follows:

    Authority:  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), 1-90 
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 
50017), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 
3912), as applicable; and 29 CFR part 1911.


0
4. Amend Sec.  1910.97 by revising paragraph (a)(3)(ii) to read as 
follows:


Sec.  1910.97  Nonionizing radiation.

* * * * *
    (a) * * *
    (3) * * *
    (ii) ANSI Z53.1-1967 or ANSI Z535.1-2006(R2011), incorporated by 
reference in Sec.  1910.6, is for use for color specification. All 
lettering and the border shall be of aluminum color.
* * * * *

Subpart J--[Amended]

0
5. Revise the authority citation for subpart J of part 1910 to read as 
follows:

    Authority:  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), 1-90 
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2007 (72 FR 
31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable.

    Sections 1910.141, 1910.142, 1910.145, 1910.146, and 1910.147 
also issued under 29 CFR part 1911.


0
6. Amend Sec.  1910.145 by revising paragraphs (d)(2), (d)(4), and 
(d)(6) to read as follows:


Sec.  1910.145  Specifications for accident prevention signs and tags.

* * * * *
    (d) * * *
    (2) Danger signs. The colors red, black, and white shall be those 
of opaque glossy samples as specified in Table 1, ``Fundamental 
Specification of Safety Colors for CIE Standard Source `C,' '' of ANSI 
Z53.1-1967 or in Table 1, ``Specification of the Safety Colors for CIE 
Illuminate C and the CIE 1931, 2[ordm] Standard Observer,'' of ANSI 
Z535.1-2006(R2011), incorporated by reference in Sec.  1910.6.
* * * * *
    (4) Caution signs. The standard color of the background shall be 
yellow; and the panel, black with yellow letters. Any letters used 
against the yellow background shall be black. The colors shall be those 
of opaque glossy samples as specified in Table 1 of ANSI Z53.1-1967 or 
Table 1 of ANSI Z535.1-2006(R2011), incorporated by reference in Sec.  
1910.6.
* * * * *
    (6) Safety instruction signs. The standard color of the background 
shall be white; and the panel, green with white letters. Any letters 
used against the white background shall be black. The colors shall be 
those of opaque glossy samples as specified in Table 1 of ANSI Z53.1-
1967 or in Table 1 of ANSI Z535.1-2006(R2011), incorporated by 
reference in Sec.  1910.6.
* * * * *

Subpart R--[Amended]

0
7. Revise the authority citation for subpart R of part 1910 to read as 
follows:

    Authority: 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), 1-90 
(55 FR 9033), 6-96 (62 FR 111), 5-2007 (72 FR 31159)), 4-2010 (75 FR 
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.


0
8. Amend Sec.  1910.261 by revising paragraph (c)(16) to read as 
follows:


Sec.  1910.261  Pulp, paper, and paperboard mills.

* * * * *
    (c) * * *
    (16) Signs. When conveyors cross walkways or roadways in the yards, 
the employer must erect signs reading ``Danger--Overhead Conveyor'' or 
an equivalent warning, in accordance with ANSI Z35.1-1968 or ANSI 
Z535.2-2011, incorporated by reference in Sec.  1910.6.
* * * * *

PART 1926--[AMENDED]

Subpart A--[Amended]

0
9. The authority citation for subpart A of part 1926 continues to read 
as follows:

    Authority: 40 U.S.C. 333; 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), 5-2007 (72 FR 31160), 4-2010 (75 FR 
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.


0
10. Amend Sec.  1926.6 as follows:
0
a. Revise paragraph (h)(24);
0
b. Redesignate paragraphs (h)(27) through (h)(30) as (h)(31) through 
(h)(34) and paragraph (u)(1) as (u)(2);
0
c. Add paragraphs (h)(27) through (h)(30), and (u)(1); and
0
d. Revise newly redesignated paragraph (u)(2).


Sec.  1926.6  Incorporation by reference.

* * * * *
    (h) * * *
    (24) ANSI Z35.1-1968, Specifications for Accident Prevention Signs; 
IBR approved for Sec.  1926.200(b), (c), and 1 (i). Copies available 
for purchase from the IHS Standards Store, 15 Inverness Way East, 
Englewood, CO 80112; telephone: 1-877-413-5184; Web site: 
www.global.ihs.com.
* * * * *
    (27) USA Z53.1-1967 (also referred to as ANSI Z53.1-1967), Safety 
Color Code for Marking Physical Hazards, ANSI approved October 9, 1967; 
IBR approved for Sec.  1926.200(c). Copies available for purchase from 
the IHS Standards Store, 15 Inverness Way East, Englewood, CO 80112; 
telephone: 1-877-413-5184; Web site: www.global.ihs.com.
    (28) ANSI Z535.1-2006(R2011), Safety Colors, reaffirmed July 19, 
2011; IBR approved for Sec.  1926.200(c). Copies available for purchase 
from the International Safety Equipment Association, 1901 North Moore 
Street, Arlington, VA 22209-1762; telephone: 703-525-1695; fax: 703-
528-2148; Web site: www.safetyequipment.org.
    (29) ANSI Z535.2-2011, Environmental and Facility Safety Signs, 
published September 15, 2011; IBR approved for Sec.  1926.200(b), (c), 
and (i). Copies available for purchase from the International Safety 
Equipment Association, 1901 North Moore Street, Arlington, VA 22209-
1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: 
www.safetyequipment.org.
    (30) ANSI Z535.5-2011, Safety Tags and Barricade Tapes (for 
Temporary Hazards), published September 15, 2011, including Errata, 
November 14, 2011; IBR approved for Sec.  1926.200(h)

[[Page 35567]]

and (i). Copies available for purchase from the International Safety 
Equipment Association, 1901 North Moore Street, Arlington, VA 22209-
1762; telephone: 703-525-1695; fax: 703-528-2148; Web site: 
www.safetyequipment.org.
* * * * *
    (u) * * *
    (1) Manual on Uniform Traffic Control Devices (MUTCD), Part VI, 
Standards and Guides for Traffic Controls for Street and Highway 
Construction, Maintenance, Utility, and Incident Management Operation, 
1988 Edition, Revision 3, September 3, 1993; IBR approved for 
Sec. Sec.  1926.200(g), 1926.201(a), and 1926.202. Electronic copies of 
the MUTCD, 1988 Edition, Revision 3, are available for downloading at 
http://www.osha.gov/doc/highway_workzones/mutcd/index.html.
    (2) Manual on Uniform Traffic Control Devices (MUTCD), Millennium 
Edition, Dec. 2000; IBR approved for Sec. Sec.  1926.200(g)), 
1926.201(a), and 1926.202. Electronic copies of the MUTCD 2000 are 
available for downloading at http://mutcd.fhwa.dot.gov/kno-millennium_12.18.00.htm.
* * * * *

Subpart G--[Amended]

0
11. Revise the authority citation for subpart G of part 1926 to read as 
follows:

    Authority: 40 U.S.C. 333; 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), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 
31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable; 
and 29 CFR part 1911.

0
12. Amend Sec.  1926.200 by revising paragraphs (b)(1), (c)(1), (c)(3), 
(g)(2), (h)(2), and (i) to read as follows:


Sec.  1926.200  Accident prevention signs and tags.

* * * * *
    (b) Danger signs. (1) Danger signs shall be used only where an 
immediate hazard exists, and shall follow the specifications provided 
in Figure 1 of ANSI Z35.1-1968 or in Figure 2 of ANSI Z535.2-2011, 
incorporated by reference in Sec.  1926.6.
* * * * *
    (c) Caution signs. (1) Caution signs shall be used only to warn 
against potential hazards or to caution against unsafe practices, and 
shall follow the specifications provided in Figure 4 of ANSI Z35.1-1968 
or in Figure 2 of ANSI Z535.2-2011, incorporated by reference for the 
sections specified in Sec.  1926.6.
* * * * *
    (3) The standard color of the background shall be yellow; and the 
panel, black with yellow letters. Any letters used against the yellow 
background shall be black. The colors shall be those of opaque glossy 
samples as specified in Table 1 of ANSI Z53.1-1967 or in Table 1 of 
ANSI Z535.1-2006(R2011), incorporated by reference in Sec.  1926.6.
* * * * *
    (g) * * *
    (2) All traffic control signs or devices used for protection of 
construction workers shall conform to Part VI of the MUTCD, 1988 
Edition, Revision 3, or Part VI of the MUTCD, Millennium Edition, 
incorporated by reference in Sec.  1926.6.
    (h) * * *
    (2) For accident prevention tags, employers shall follow 
specifications that are similar to those in Figures 1 to 4 of ANSI 
Z35.2-1968 or Figures 1 to 8 of ANSI Z535.5-2011, incorporated by 
reference in Sec.  1926.6.
    (i) Additional rules. ANSI Z35.1-1968, ANSI Z535.2-2011, ANSI 
Z35.2-1968, and ANSI Z535.5-2011, incorporated by reference in Sec.  
1926.6, contain rules in addition to those specifically prescribed in 
this subpart. The employer shall comply with ANSI Z35.1-1968 or ANSI 
Z535.2-2011, and ANSI Z35.2-1968 or Z535.5-2011, with respect to such 
additional rules.


0
13. Amend Sec.  1926.201 by revising paragraph (a) to read as follows:


Sec.  1926.201  Signaling.

    (a) Flaggers. Signaling by flaggers and the use of flaggers, 
including warning garments worn by flaggers, shall conform to Part VI 
of the Manual on Uniform Traffic Control Devices (1988 Edition, 
Revision 3, or the Millennium Edition), incorporated by reference in 
Sec.  1926.6.
* * * * *

0
14. Revise Sec.  1926.202 to read as follows:


Sec.  1926.202  Barricades.

    Barricades for protection of employees shall conform to Part VI of 
the Manual on Uniform Traffic Control Devices (1988 Edition, Revision 
3, or the Millennium Edition), incorporated by reference in Sec.  
1926.6.
[FR Doc. 2013-13909 Filed 6-12-13; 8:45 am]
BILLING CODE 4510-26-P