Updating OSHA Standards Based on National Consensus Standards; Signage, 35559-35567 [2013-13909]
Download as PDF
<![CDATA[
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 https://
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
https://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
https://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 https://
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
https://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:
https://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 https://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 https://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 https://
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 https://
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]
=======================================================================
-----------------------------------------------------------------------
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 https://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 https://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 https://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
https://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 https://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: https://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 https://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
https://www.osha.gov/doc/highway_workzones/mutcd/.
(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 https://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
