ACTUALIZACION DE NORMAS DE OSHA BASADA EN NORMAS DE CONSENSO NACIONAL, ROTULACION 78 FR No. 114 Partes: 10 OSH 1926

DEPARTMENT OF STATE No: 8928 Date: November 16, 2016 Approved Hon. Hon. Luis G. Rivera Marín Secretary of State By Eduardo Arosemena Muñoz Assistant Secretary UPDATING OSHA STANDARDS BASED ON NATIONAL CONSENSUS STANDARDS; SIGNAGE (Actualización de normas de OSHA basada en normas de consenso nacional, rotulación) 78 FR Núm. 114 - 13 de junio de 2013 Partes: 4 OSH 1910 y 10 OSH 1926 Expediente Departamento de Estado: 2343 DEPARTMENT OF LABOR AND HUMAN RESOURCES PUERTO RICO OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION ALTHENT CATED LEGOVERNIST INFORMATION Federal Register/Vol. 78, No. 14/Thursday, June 13, 2013/Rules and Regulations 35559 (c) If any medical examination or test ACTION: Correcting Amendment. (v) *** Under paragraph (b)(4)(x)(c) of conducted under paragraph (a) of this this section, LLC must allocate the book gross section is not administered or reported SUMMARY: This document contains income of $3,000 equally among A, B, and C, in substantial compliance with the corrections to final regulations (TD but for tax purposes, however, LLC must provisions of part 718 of this 9612) that were published in the allocate all of its gross income ($3,000) Federal Register on Tuesday, February to C. subchapter, or does not provide 5, 2013 (78 FR 7997) relating to the tax * * * * * sufficient information to allow the district director to decide whether the treatment of noncompensatory options Martin Franks, miner is eligible for benefits, the district and convertible instruments issued by a partnership. The final regulations Chief, Publications and Regulations Branch, director must schedule the miner for Legal Processing Division, Associate Chief further examination and testing. Where generally provide that the exercise of a Counsel (Procedure and Administration). the deficiencies in the report are the noncompensatory option does not cause [FR Doc. 2013-14018 Filed 6-12-13; 8:45 am] result of a lack of effort on the part of the recognition of immediate income or BILLING CODE 4830-01-P the miner, the miner will be afforded loss by either the issuing partnership or one additional opportunity to produce a the option holder. The final regulations satisfactory result. In order to determine also modify the regulations under section 704(b) regarding the DEPARTMENT OF LABOR whether any medical examination or test was administered and reported in maintenance of the partners' capital substantial compliance with the accounts and the determination of the Occupational Safety and Health partners' distributive shares of Administration provisions of part 718 of this subchapter, the district director may partnership items. The final regulations also contain a characterization rule 29 CFR Parts 1910 and 1926 have any component of such examination or test reviewed by a providing that the holder of a [Docket No. OSHA-2013-0005] physician selected by the district noncompensatory option is treated as a director. partner under certain circumstances. RIN 1218-AC77 * * * * DATES: This correction is effective on (e) The cost of any medical June 13, 2013 and is applicable on or Updating OSHA Standards Based on examination or test authorized under after February 5, 2013. National Consensus Standards; this section, including the cost of travel FOR FURTHER INFORMATION CONTACT: Signage to and from the examination, must be Benjamin Weaver, at (202) 622-3050 AGENCY: Occupational Safety and Health paid by the fund. Reimbursement for (not a toll-free number). Administration (OSHA), Department of overnight accommodations must not be SUPPLEMENTARY INFORMATION: Labor. authorized unless the district director Background ACTION: Direct final rule; request for determines that an adequate testing comments. facility is unavailable within one day's The final regulations that are the round trip travel by automobile from the subject of this document are under SUMMARY: The Occupational Safety and miner's residence. The fund must be sections 171, 704, 721, 761, 1272, 1273, Health Administration ("OSHA" or "the reimbursed for such payments by an and 1275 of the Internal Revenue Code. Agency") is issuing this direct final rule operator, if any, found liable for the Need for Correction to update its general industry and payment of benefits to the claimant. If construction signage standards by an operator fails to repay such expenses, As published, the final regulations adding references to the latest versions (TD 9612) contains an error that may with interest, upon request of the Office, of the American National Standards the entire amount may be collected in prove to be misleading and is in need Institute ("ANSI") standards on of clarification. an action brought under section 424 of specifications for accident prevention the Act and 725.603 of this part. List of Subjects in 26 CFR Part 1 signs and tags, ANSI Z535.1- Signed at Washington, DC, this 3rd day of Income taxes, Reporting and 2006(R2011), Z535.2-2011 and Z535.5- June, 2013. recordkeeping requirements. 2011. In this rulemaking, OSHA is retaining the existing references to the Gary A. Steinberg, Correction of Publication earlier ANSI standards, ANSI Z53.1- Acting Director, Office of Workers' Accordingly, 26 CFR part 1 is 1967, Z35.1-1968 and Z35.2-1968, in Compensation Programs. corrected by making the following its signage standards, thereby providing [FR Doc. 2013-13970 Filed 6-12-13; 8:45 am] BILLING CODE 4510-CR-P correcting amendments: employers an option to comply with the updated or earlier standards. OSHA also PART 1-INCOME TAXES is incorporating by reference Part VI of the Manual of Uniform Traffic Control DEPARTMENT OF THE TREASURY Paragraph 1. The authority citation Devices ("MUTCD"), 1988 Edition, for part 1 continues to read in part as Revision 3, into the incorporation-by- Internal Revenue Service follows: reference section of the construction 26 CFR Part 1 Authority: 26 U.S.C. 7805 *** standards having inadvertently omitted this edition of the MUTCD from this Par. 2. Section 1.704-1 is amended by [TD 9612] revising the third sentence of paragraph section during an earlier rulemaking, (b)(5) Example 32(v) to read as follows: and amending citations in two RIN 1545-BA53 provisions of the construction standards 1.704-1 Partner's distributive share. to show the correct incorporation-by- Noncompensatory Partnership * * * reference section. In addition, OSHA is Options; Correction (b) * * * publishing a notice of proposed AGENCY: Internal Revenue Service (IRS), (5) *** rulemaking in today's Federal Register Treasury. Example 32. *** adding the same references. 35560 Federal Register/Vol. 78, No. 114/Thursday, June 13, 2013/Rules and Regulations DATES: This direct final rule will procedures may result in significant FOR FURTHER INFORMATION CONTACT: become effective on September 11, 2013 delays in receiving comments and other General information and press inquiries: unless OSHA receives a significant written materials by regular mail. Contact Frank Meilinger, OSHA Office adverse comment to this direct final rule Contact the OSHA Docket Office for of Communications, Room N-3647, U.S. or the companion proposal by July 15, information about security procedures Department of Labor, 200 Constitution 2013. If OSHA receives a significant for delivery of materials by express Ave. NW., Washington, DC 20210; adverse comment, the Agency will delivery, hand delivery, and messenger telephone: (202) 693-1999. publish a timely withdrawal of the service. The hours of operation for the Technical inquiries: Contact Kenneth direct final rule in the Federal Register. OSHA Docket Office are 8:15 a.m. to Stevanus, Directorate of Standards and Submit comments on this direct final 4:45 p.m., e.t. Guidance, Room N-3609, OSHA, U.S. rule (including comments on the Instructions. All submissions must Department of Labor, 200 Constitution information-collection (paperwork) include the Agency name and the OSHA Ave. NW., Washington, DC 20210; determination described under the docket number (i.e., OSHA Docket No. section titled Procedural telephone: (202) 693-2260; fax: (202) OSHA-2013-0005). OSHA will place 693-1663. Determinations, hearing requests, and comments and other material, including other information by July 15, 2013. All any personal information, in the public SUPPLEMENTARY INFORMATION: Copies of submissions must bear a postmark or docket without revision, and these this Federal Register notice. provide other evidence of the materials will be available online at Electronic copies of this Federal submission date (the following section http://www.regulations.gov. Therefore, Register notice are available at http:// titled ADDRESSES describes the available the Agency cautions commenters about www.regulations.gov. This Federal methods of making submissions). submitting statements they do not want Register notice, as well as news releases The Director of the Federal Register made public, or submitting comments and other relevant information, also are approved the incorporation by reference that contain personal information available at OSHA's Web page at of specific publications listed in this (either about themselves or others) such http://www.osha.gov. direct final rule as of September 11, as Social Security numbers, birth dates, Availability of Incorporated 2013. and medical data. Standards. With the approval of the ADDRESSES: Submit comments, hearing OSHA invites comments on all issues Director of the Federal Register under 5 requests, and other information as related to this direct final rule. The U.S.C. 552(a) and 1 CFR part 51, OSHA follows: Agency also welcomes comments on its incorporates by reference under 29 CFR Electronic. Submit comments findings that this direct final rule would 1910.6, and 1926.6 the American electronically to http:// have no negative economic, paperwork, National Standards Institute ("ANSI") www.regulations.gov, which is the or other regulatory impacts on the standards cited in 29 CFR Federal eRulemaking Portal. Follow the regulated community. This direct final 1910.97(a)(3)(ii); 1910.145(d)(2), (d)(4), instructions online for submitting rule is the companion document of a and (d)(6); 1910.261(c)(16); and comments. notice of proposed rulemaking 1926.200(b)(1), (c)(1), (c)(3), (g)(2), Facsimile. OSHA allows facsimile published in the "Proposed Rules" (h)(2), and (i). OSHA also is transmission of comments and hearing section of today's Federal Register. If incorporating by reference under 29 requests that are 10 pages or fewer in OSHA receives no significant adverse CFR 1926.6 Part VI of the MUTCD, 1988 length (including attachments). Send comment on this direct final rule, the Edition, Revision 3. To enforce any these documents to the OSHA Docket Agency will publish a Federal Register other version of the cited ANSI Office at (202) 693-1648; OSHA does notice confirming the effective date of standards other than the editions not require hard copies of these the final rule and withdrawing the specified by 29 CFR 1910.97(a)(3)(ii); documents. Instead of transmitting companion proposed rule. The final rule 1910.145(d)(2), (d)(4), and (d)(6); facsimile copies of attachments that may include minor stylistic or technical 1910.261(c)(16); and 1926.200(b)(1), supplement these documents (e.g., corrections of the direct final rule. For (c)(1), (c)(3), (g)(2), (h)(2) and (i), or to studies, journal articles), commenters the purpose of judicial review, OSHA enforce any other version of the cited must submit these attachments to the considers the date that the Agency edition of the MUTCD specified by 29 OSHA Docket Office, Technical Data confirms the effective date of the final CFR 1926.200(g)(2); 1926.201(a); and Center, Room N-2625, OSHA, U.S. rule to be the date of issuance. If, 1926.202, OSHA must publish a notice Department of Labor, 200 Constitution however, OSHA receives a significant of change in the Federal Register, and Ave. NW., Washington, DC 20210. adverse comment on the direct final rule must make the material available to the These attachments must clearly identify or proposal, the Agency will publish a public. All approved material is the sender's name, date, subject, and timely withdrawal of this direct final available for inspection at the National docket number (i.e., OSHA-2013-0005) rule and proceed with the proposed Archives and Records Administration so that the Agency can attach them to rule, which addresses the same (NARA). For information on the the appropriate document. revisions of its signage standards. availability of this material at NARA, Regular mail, express delivery, Docket. The electronic docket for telephone (202) 741-6030, or go to: hand delivery, and messenger (courier) this direct final rule established at http://www.archives.gov/ service. Submit comments and any http://www.regulations.gov lists most of federal register/ additional material (e.g., studies, journal the documents in the docket. Some code of federal regulations/ articles) to the OSHA Docket Office, information (e.g., copyrighted material), ibr locations.html. Also, the material is Docket No. OSHA-2013-0005 or RIN however, cannot be read or downloaded available for inspection at any OSHA 1218-AC77, Technical Data Center, through this Web site. All submissions, Regional Office or the OSHA Docket Room N-2625, OSHA, U.S. Department including copyrighted material, are Office (U.S. Department of Labor, 200 of Labor, 200 Constitution Ave. NW., accessible at the OSHA Docket Office. Constitution Ave. NW., Room N-2625, Washington, DC 20210; telephone: (202) Contact the OSHA Docket Office for Washington, DC 20210; telephone: (202) 693-2350. (OSHA's TTY number is assistance in locating docket 693-2350 (TTY number: (877) 889- (877) 889-5627.) Note that security submissions. 5627)). Federal Register/Vol. 78, No. 114/Thursday, June 13, 2013/Rules and Regulations 35561 Table of Contents revisions to a rule to be a significant the association's request that OSHA adverse comment unless the comment I. Direct Final Rulemaking adopt ANSI's Z535 series of standards. II. Background states why the direct final rule would be Besides urging OSHA to incorporate III. Summary and Explanation of Revisions to ineffective without the revisions. If ANSI Z535.2 by reference, NEMA also the Signage Standards OSHA receives a timely significant asked the Agency to update its IV. Procedural Determinations adverse comment, it will publish a standards' references to ANSI Z53.1-67, A. Legal Considerations Federal Register notice withdrawing the "Safety Color Code for Marking Physical B. Final Economic Analysis and Regulatory direct final rule no later than 90 days Hazards and the Identification of Flexibility Act Certification after the publication date of this current Certain Equipment," by citing the C. OMB Review Under the Paperwork notice. current version of this standard, ANSI Reduction Act of 1995 D. Federalism This direct final rulemaking furthers Z535.1, "Safety Colors." As a result of E. State-Plan States the objectives of Executive Order 13563, these meetings and as recorded in a F. Unfunded Mandates Reform Act of 1995 which requires that the regulatory second letter to OSHA, NEMA provided G. Consultation and Coordination with process "promote predictability and the Agency with side-by-side Indian Tribal Governments reduce uncertainty" and "identify and comparisons of ANSI Z35.1-68, Z535.2- H. Consultation with the Advisory use the best, most innovative and least 2007, and Z535.2-2011, and ANSI Committee on Construction Safety and burdensome tools for achieving Z53.1-67, Z535.1-2006, and Z535.1- Health regulatory ends." As described below, 2006(R2011), and other relevant V. Authority and Signature the revisions will make the materials such as signs, which OSHA I. Direct Final Rulemaking requirements of OSHA's signage evaluated. Letter dated March 30, 2011, standards consistent with the most from Evan Gaddis, President and CEO, In a direct final rulemaking, an agency publishes a direct final rule in the recent national consensus standards, NEMA, to Dr. David Michaels, Assistant Federal Register along with a statement thereby eliminating confusion and Secretary of Labor for Occupational that the rule will become effective clarifying employers' obligations (for the Safety and Health; Side-by-Side purposes of this rulemaking, the term Comparisons of ANSI standards; NEMA unless the agency receives a significant adverse comment within a specified "signage standards" refers to standards Signage Materials (Exs. OSHA-2013- that regulate both signs and tags). 0005-0004 through-0006). OSHA also period. The agency also publishes concurrently with the direct final rule Therefore, OSHA believes that these subsequently considered whether it an identical proposed rule. If the agency revisions will not compromise the safety should also incorporate by reference receives no significant adverse of employees, but will instead enhance ANSI Z535.5, "Safety Tags and comment, the direct final rule will employee protection. Accordingly, the Barricade Tapes (for Temporary become effective. However, should the Agency concludes that updating the Hazards)," into those OSHA standards references to the national consensus that refer to a much older version of this agency receive a significant adverse standards in its signage standards is ANSI standard. comment, the agency will withdraw the At present, employers continue to use direct final rule and treat the comments consistent with, and promotes the as submissions on the proposed rule. objectives of, Executive Order 13563. the old signs and tags not only because OSHA uses direct final rules because they are long-lasting and rarely need II. Background replacing, but also because they comply it expects the rulemaking to be In June 2009, the National Electrical with OSHA's current signage standards, noncontroversial; provide protection to employees that is at least equivalent to Manufacturers Association (NEMA) which incorporate the old ANSI the protection afforded to them by the contacted OSHA and, based on a letter standards by reference. Both NEMA and previous standard-development from ANSI, requested that the Agency ANSI contend that incorporating the add references to the latest versions of new ANSI standards by reference is organization standard; and impose no ANSI's Z535 series of standards to necessary to encourage employers to significant new compliance costs on employers (69 FR 68283, 68285 (2004)). OSHA's signage standards. Letter dated buy and use signs and tags that comply OSHA used direct final rules previously June 2, 2009, from Kyle Pitsor, Vice with these standards without receiving to update or, when appropriate, revoke President, Government Relations, a de minimis notice for failure to references to previous national NEMA, to Richard Fairfax, Director, comply with the old ANSI standards.² consensus standards in OSHA rules Directorate of Enforcement Programs, Pitsor letter (Ex. OSHA-2013-0005- (see, e.g., 69 FR 68283 (2004); 70 FR OSHA (Ex. OSHA-2013-0005-0003, p. 0003, p. 1); Peckham letter (Ex. OSHA- 1), attaching a letter dated May 28, 2009, 2013-0005-0003, p. 3). 76979 (2006); 76 FR 75782 (2011); and from Geoffrey Peckham, Chair, ANSI NEMA and ANSI further assert that 77 FR 37587 (2012)). For the purposes of this direct final Z535.2 Subcommittee, to Mr. Fairfax signs and tags meeting the latest version rule, a significant adverse comment is (Ex. OSHA-2013-0005-0003, p. 3). NEMA specifically advocated 2 According to OSHA's Field Operations Manual one that "explains why the rule would be inappropriate, including challenges incorporating by reference ANSI Z535.2, (FOM), a de minimis condition occurs when "[a]n employer has implemented a measure different than to the rule's underlying premise or "Environmental and Facility Safety the one specified in a standard, that has no direct approach, or why it would be ineffective Signs," in OSHA standards that refer to or immediate relationship to safety or health." or unacceptable without a change" (see old¹ versions of this ANSI standard. FOM, CPL 02-00-150, Ch. 4, § VIII, pp. 4-36 to 4- 60 FR 43108, 43111(1995)). In Pitsor letter (Ex. OSHA-2013-0005- 37 (Apr. 22, 2011), available on OSHA's Web page. OSHA issues no citations or penalties for these determining whether a comment 0003, p. 1); accord Peckham letter (Ex. conditions, but compliance officers will document necessitates withdrawal of the direct OSHA-2013-0005-0003, p. 3). the condition during an inspection. Id. at 4-36. See, final rule, OSHA will consider whether Over the next few years, OSHA staff also, Letter of Interpretation dated February 22, the comment raises an issue serious met with NEMA several times to discuss 2011, from Thomas Galassi, Director, Directorate of Enforcement Programs, OSHA, to Richard A. Eichel, enough to warrant a substantive ATA Safety, describing OSHA's de minimis response in a notice-and-comment The terms "old" and "older," as used in this enforcement policy with regard to ANSI signs; Federal Register notice, refer specifically to signs available at http://www.osha.gov/pls/oshaweb/ process. OSHA will not consider a or tags that comply with ANSI Z53.1-1967, Z35.1- owadisp.show_document?p_ comment recommending additional 1968 and Z35.2-1968. table=INTERPRETATIONS8p_id=27641 35562 Federal Register/Vol. 78, No. 114/Thursday, June 13, 2013 and Regulations of the ANSI standards, the Z535 series, III. Summary and Explanation of 9228, 9232 (1996)). In addition, OSHA provide an equal or greater level of Revisions to the Signage Standards did not obtain approval from the Office protection than the currently required As discussed in a previous Federal of the Federal Register during the 1996 signs that comply with the old ANSI Register notice (69 FR 68283 (2004)), rulemaking to incorporate ANSI Z53.1- standards, Z35.1, Z35.2, and Z53.1, OSHA is undertaking a series of projects 1967 by reference under § 1910.6. With cited in OSHA's standards. Pitsor letter to update its standards to incorporate this direct final rule, OSHA is correcting (Ex. OSHA-2013-0005-0003, p. 1); the latest versions of national consensus this oversight by incorporating ANSI Peckham letter (Ex. OSHA-2013-0005- and industry standards. These projects Z53.1-1967 by reference under § 1910.6 0003, p. 3). In its letter, ANSI provides include updating or removing national after obtaining approval to do so from an exhibit demonstrating why it consensus and industry standards cited the Office of the Federal Register. In believes the new Z535.2-2007 signs are in existing OSHA standards, updating addition, this direct final rule will at least as protective as the old Z35.1 the text of standards that OSHA adopted update the nonionizing radiation signs (Peckham letter, Ex. OSHA-2013- directly from previous national provision by incorporating ANSI 0005-0003, p. 10 (Peckham's Ex. 6).³ consensus standards, and, when Z535.1-2006(R2011), "Safety Colors," The exhibit, which compares the information contained in the two sets of appropriate, replacing specific by reference. This addition will allow signs, shows that the new Z535.2 signs references to previous national employers to comply with the 1967 version or the 2006(R2011) version of typically have at least as much consensus and industry standards with the cited ANSI standard. information as the Z35.1 signs. performance requirements. This direct final rule updates the (2) OSHA's general industry standard Moreover, the new ANSI safety-color references to ANSI consensus standards on specifications for accidentstandard, ANSI Z535.1-2006(2011), includes two safety colors, brown and in four provisions of OSHA's general prevention signs and tags at § 1910.145 refers to ANSI standard Z53.1-1967, industry and construction standards: 29 gray, that were not in Z53.1-1967. See "Safety Colors for Marking Physical ANSI Z535.1-2006(2011), pp. v-vi CFR 1910.97, Nonionizing radiation; Hazards and the Identification of (ANSI also added safety blue in the § 1910.145, Specifications for accident 1979 revision after deleting this color in prevention signs and tags; § 1910.261, Certain Equipment," which § 1910.6 the 1971 revision). Pulp, paper, and paper board mills; and incorporated by reference in three places: §§ 1910.145(d)(2), Danger signs; ANSI and NEMA also claim that the § 1926.200, Accident prevention signs 1910.145(d)(4), Caution signs; and new signs provide additional and tags. These provisions incorporate 1910.145(d)(6), Safety instruction signs. information, including the specific by reference ANSI consensus standards However, as noted above, the Office of identity of the hazard, a description of Z53.1-1967, "Safety Color Code for the Federal Register did not approve how serious the hazard is, how to avoid Marking Physical Hazards and the ANSI Z53.1-1967 for incorporation by the hazard, and the probable Identification of Certain Equipment"; reference under § 1910.6. Therefore, this consequences of not avoiding the Z35.1-1968, "Specifications for direct final rule is correcting this hazard. Peckham letter (Exs. OSHA- Accident Prevention Signs"; and Z35.2- oversight by incorporating that ANSI 2013-0005-0003, pp. 7-9, and OSHA- 1968, "Specifications for Accident standard by reference under § 1910.6 2013-0005-0006, pp. 9-11). ANSI Prevention Tags." The direct final rule after receiving approval from the Office further argues that, the old sign formats will allow employers to comply with of the Federal Register to do so. "lack the ability to contain [the] either these ANSI standards or the latest Each of the three cited provisions of symbols, more extensive word versions of them, Z535.1-2006(R2011), § 1910.145(d) specifies the colors messages, multiple messages, and Z535.2-2011, and Z535.5-2011. The employers must use for each type of additional languages" necessary to latter compliance option will allow sign, and requires that the signs meet communicate critical safety information employers to update their signage based the specifications in Table 1, to an increasingly multicultural work on the newest ANSI consensus "Fundamental Specification of Safety force. Id., pp. 6 and 9-10. NEMA also standards without violating OSHA's Colors for CIE Standard Source 'C,''' of submitted an ANSI timeline of the requirements. In addition, since ANSI Z53.1-1967. The direct final rule institute's standards, and the safety employers will not have to update their will update each of these sections by signs that complied with those signage, there is no additional referencing Table 1, "Specification of standards, for the years 1914 to 2011; compliance cost or burden resulting the Safety Colors for CIE Illuminate C this timeline illustrates additions made from this rulemaking. The direct final and the CIE 1931, 2° Standard to the information contained in these rule will revise the above four Observer," of ANSI Z535.1- signs during this period. NEMA Signage provisions in the following ways: 2006(R2011), "Safety Colors," which it Materials, pp. 6-8 (Ex. OSHA-2013- (1) OSHA's general industry standard incorporates by reference. This addition 0005-0006). Based on the available on nonionizing radiation at will allow employers to comply with record, OSHA believes that the new § 1910.97(a)(3)(ii) requires employers to the 1967 version or the 2006(R2011) signs are at least as protective as the old use the color specification provided by version of the cited ANSI standard. ones. Therefore, this direct final rule is ANSI 53.1-1953, "Safety Color Code for (3) OSHA's general industry standard incorporating the ANSI Z535 series by Marking Physical Hazards," which on pulp, paper, and paper board mills reference in the applicable OSHA OSHA incorporated by reference under at § 1910.261 refers to ANSI Z35.1- signage standards so that employers will § 1910.6 in 1974 (39 FR 23502 (1974)). 1968, "Specifications for Accident be able to buy and use the new signs Currently, § 1910.6 refers to ANSI Prevention Signs," which without the prospect of receiving de Z53.1-1967, "Safety Color Code for § 1910.6(e)(59) incorporates by reference minimis notices for using noncompliant Marking Physical Hazards and the in two places. First, § 1910.261(c)(16) signs. OSHA invites the public to Identification of Certain Equipment" refers to this 1968 ANSI standard. The comment on its conclusion that the new because, on March 7, 1996, OSHA direct final rule will update signs are as effective as the old ones. incorporated ANSI Z53.1-1967 by § 1910.261(c)(16) by incorporating ANSI reference under § 1910.6 without Z535.2-2011, "Environmental and ³This exhibit is actually Exhibit 6 of the Peckham revising the reference to ANSI Z53.1- Facility Safety Signs," by reference in letter, but is mislabeled as Exhibit 5. 1953 in § 1910.97(a)(3)(ii) (see 61 FR § 1910.6(e)(60). This addition will allow Federal Register/Vol. 78, No. 114/Thursday, June 13, 2013/Rules and Regulations 35563 employers to comply with the 1968 employers to use either Table 1 of ANSI Z35.1-1968, Z35.2-1968, and version or the 2011 version of the cited Z53.1-1967 or Table 1 of Z535.1- Z53.1-1967. Therefore, OSHA is ANSI standard. 2006(R2011). retaining these requirements in its Second, § 1910.6(e)(59) incorporates The fourth reference to an old ANSI signage standards. OSHA also Z35.1-1968, "Specifications for standard is in § 1926.200(h)(2), Accident determined that the latest editions of the Accident Prevention Signs," by prevention tags, which says that ANSI signage standards, i.e., Z535.1- reference in 1910.261(a)(3)(xxiv). specifications for accident-prevention 2006(R2011), Z535.2-2011, and Z535.5- However, on June 18, 1998, as part of an tags similar to the specifications in 2011, provide at least as effective OSHA rulemaking, the Agency removed Table G-1 apply; OSHA based Table G- protection to employees as the old ANSI subsection § 1910.261(a)(3)(xxiv) from 1 on Figures 1 to 4 in ANSI Z35.2-1968, standards incorporated by reference in the pulp, paper, and paper board mills "Specifications for Accident Prevention the Agency's signage standards. standard, but did not remove the Tags." The direct final rule will remove Accordingly, OSHA is giving employers reference to § 1910.261(a)(3)(xxiv) in Table G-1 from § 1926.200(h)(2), and the option of complying with the old or 1910.6(e)(59). The direct final rule will update this provision by referencing the new ANSI standards. Since correct this oversight. Figures 1 to 4 of ANSI Z35.2-1968 and employers can choose to comply with (4) OSHA's construction standard on Figures 1 to 8 of Z535.5-2011, "Safety OSHA's existing signage standards, accident prevention signs and tags, Tags and Barricade Tapes (for incorporating the new ANSI standards § 1926.200, refers to ANSI standards Temporary Hazards)." These revisions, by reference will not increase the cost Z35.1-1968, "Specifications for therefore, will give employers the or burden of compliance. Accident Prevention Signs"; Z35.2- option of using the figures from either 1968, "Specifications for Accident ANSI standard. IV. Procedural Determinations Prevention Tags"; or Z53.1-1967, The fifth reference to the old ANSI A. Legal Considerations "Safety Color Code for Marking Physical standards is in § 1926.200(i), which Hazards and the Identification of refers to ANSI Z35.1-1968, The purpose of the Occupational Certain Equipment," in five places "Specifications for Accident Prevention Safety and Health Act of 1970 (OSH discussed below.4 In addition, as Signs," and Z35.2-1968, "Specifications Act), 29 U.S.C. 65-78, is to achieve to discussed below, § 1926.200 is for Accident Prevention Tags." Section the extent possible safe and healthful incorporating by reference Part VI of the 1926.200(i) requires employers to follow working conditions for all employees. MUTCD, 1988 Edition, Revision 3. these two ANSI standards with respect 29 U.S.C. 651(b). To achieve this goal, The first reference to one of these old to OSHA rules not specifically Congress authorized the Secretary of ANSI standards is in § 1926.200(b)(1), prescribed in 29 CFR 1926, subpart G. Labor to promulgate and enforce Danger signs, which refers to Figure G- This direct final rule will update occupational safety and health 1, which is identical to Figure 1 in ANSI § 1926.200(i) by adding Z535.2-2011, standards. 29 U.S.C. 654(b), 655(b). A Z35.1-1968, "Specifications for "Environmental and Facility Safety safety or health standard is a standard Accident Prevention Signs." The second Signs," and Z535.5-2011, "Safety Tags that "requires conditions, or the reference is in § 1926.200(c)(1), Caution and Barricade Tapes (for Temporary adoption or use of one or more signs, which refers to Figure G-2, which Hazards)," the latest versions of the practices, means, methods, operations, is identical to Figure 4 in the same ANSI cited ANSI standards, as references. or processes reasonably necessary or standard. The direct final rule will These additions will allow employers to appropriate to provide safe or healthful remove Figures G-1 and G-2 from comply with Z35.1-1968 or Z535.2-11 employment and places of § 1926.200(b)(1) and (c)(1), and update for signs, and Z35.2-1968 or Z535.5-11 employment." 29 U.S.C. 652(8). A these provisions by referencing the for tags. standard is reasonably necessary or appropriate figures from ANSI Z35.1- This direct final rule also will update appropriate within the meaning of 1968 and ANSI Z535.2-2011, paragraph (g)(2) of § 1926.200 by Section 652(8) of the OSH Act when a "Environmental and Facility Safety removing the language referring to the significant risk of material harm exists Signs." These revisions, therefore, will Director of the Federal Register's in the workplace and the standard give employers the option of using the approval for incorporation by reference would substantially reduce or eliminate figures from either ANSI standard. of Part VI of the 1988 Edition, Revision that workplace risk. See Industrial The third reference to an old ANSI 3, of the MUTCD, and adding a Union Department, AFL-CIO v. standard is in § 1926.200(c)(3), which reference to § 1926.6 instead (i.e., this American Petroleum Institute, 448 U.S. refers to ANSI Z53.1-1967, "Safety reference indicates such approval). 607 (1980). OSHA already determined Color Code for Marking Physical Additionally, in an earlier rulemaking that requirements specified by signage Hazards and the Identification of (see 75 FR 47906, 48132 (2010)), OSHA standards, including design Certain Equipment." This OSHA inadvertently removed Part VI of the requirements, are reasonably necessary provision specifies the colors employers MUTCD from § 1926.6. This direct final or appropriate within the meaning of must use in caution signs, and requires rule will correct this oversight by Section 652(8) (see, e.g., 49 FR 49726, that the signs meet the specifications in returning the reference to Part VI of the 49737 (1978); 51 FR 33251, 33251- Table 1 of ANSI Z53.1-1967. This direct MUTCD to § 1926.6; it also will remove 33259 (1986)). final rule will update § 1926.200(c)(3) the reference to § 1926.200(g)(2) as the This direct final rule neither reduces by adding a reference to Table 1 of ANSI incorporation-by-reference provision in employee protection nor alters an Z535.1-2006(R2011), "Safety Colors," § 1926.201(a) and § 1926.202, and employer's obligations under the the latest version of Z53.1-1967. This replace it with a reference to § 1926.6. existing standards. Under this direct addition, therefore, will allow In summary, OSHA believes, based on final rule, employers will be able to the discussion above under Background, continue to use the same signs and tags Although $ 1926.200(c)(3) currently refers to that many general industry and they are using currently to meet their ANSI Z53.1-1967, OSHA did not incorporate that construction employers currently compliance obligations under the ANSI standard by reference under § 1926.6. This direct final rule, therefore, is correcting this comply with the ANSI signage existing standards' design-criteria oversight by incorporating ANSI Z53.1-1967 by requirements incorporated by reference requirements. This direct final rule reference under § 1926.6. in its existing signage standards, i.e., provides employers with additional 35564 Federal Register/Vol. 78, No. 114/Thursday, June 13, 2013/Rules and Regulations options for meeting the design-criteria and ADDRESSES. OSHA, however, will because, as explained in the following requirements for signage protection. not consider any comment received on section, State-Plan states do not have to Therefore, this direct final rule does not this paperwork determination to be a adopt this direct final rule. alter the substantive protection that "significant adverse comment" as E. State-Plan States employers must provide to employees specified above under the section titled or impose a new compliance burden on Direct Final Rulemaking. When Federal OSHA promulgates a employers. Accordingly, OSHA need To make inquiries, or to request other new standard or amends an existing not, in this rulemaking, determine information, contact Mr. Todd Owen, standard to be more stringent than it significant risk or the extent to which Directorate of Standards and Guidance, was previously, the 27 states or U.S. this direct final rule will reduce that OSHA, Room N-3609, U.S. Department territories with their own OSHArisk, as typically required by Industrial of Labor, 200 Constitution Ave. NW., approved occupational safety and health Union Department. Washington, DC 20210; telephone (202) plans must revise their standards to 693-2222. reflect the new standard or amendment, B. Final Economic Analysis and or show OSHA why such action is Regulatory Flexibility Act Certification D. Federalism unnecessary, e.g., because an existing This direct final rule is not OSHA reviewed this direct final rule state standard covering this area is at economically significant within the in accordance with the Executive Order least as effective in protecting workers context of Executive Order 12866, or a on Federalism (Executive Order 13132, as the new Federal standard or major rule under the Unfunded 64 FR 43255, August 10, 1999), which amendment. 29 CFR 1953.5(a). In this Mandates Reform Act or Section 801 of requires that agencies, to the extent regard, the state standard must be at the Small Business Regulatory possible, refrain from limiting state least as effective as the final Federal Enforcement Fairness Act. In addition, policy options, consult with states prior rule. State-Plan states must adopt the this direct final rule complies with to taking any actions that would restrict Federal standard or complete their own Executive Order 13563. The rulemaking state policy options, and take such standard within six months of the imposes no additional costs on any actions only when clear constitutional publication date of the final Federal private-sector or public-sector entity, authority exists and the problem is rule. When OSHA promulgates a new and does not meet any of the criteria for national in scope. Executive Order standard or amendment that does not an economically significant or major 13132 provides for preemption of state impose additional or more stringent rule specified by the Executive Order or law only with the expressed consent of requirements than the existing standard, relevant statutes. Congress. Agencies must limit any such State-Plan states need not amend their This rulemaking allows employers preemption to the extent possible. standards, although OSHA may increased flexibility in choosing signage Under Section 18 of the OSH Act, 29 encourage them to do so. The following for the protection of their employees. U.S.C. 667, Congress expressly provides 21 states and 1 U.S. territory have This direct final rule, however, does not that states may adopt, with Federal OSHA-approved occupational safety require an employer to update or approval, a plan for the development and health plans that apply only to replace its signage solely as a result of and enforcement of occupational safety private-sector employers: Alaska, this rule if the employer's current and health standards (29 U.S.C. 667); Arizona, California, Hawaii, Indiana, signage protection meets the revised OSHA refers to states that obtain Iowa, Kentucky, Maryland, Michigan, standards. Because the rule imposes no Federal approval for such a plan as Minnesota, Nevada, New Mexico, North costs, OSHA certifies that it will not "State-Plan states." Occupational safety Carolina, Oregon, Puerto Rico, South have a significant economic impact on and health standards developed by Carolina, Tennessee, Utah, Vermont, a substantial number of small entities. State-Plan states must be at least as Virginia, Washington, and Wyoming. In effective in providing safe and healthful addition, Connecticut, Illinois, New C. OMB Review Under the Paperwork employment and places of employment Jersey, New York, and the Virgin Islands Reduction Act of 1995 as the Federal standards. Subject to have OSHA-approved State Plans that This rulemaking does not impose new these requirements, State-Plan states are apply only to state and local information-collection requirements for free to develop and enforce under state government employees. purposes of the Paperwork Reduction law their own requirements for This direct final rule will not impose Act of 1995, 44 U.S.C. 3501-30. occupational safety and health any additional or more stringent Accordingly, the Agency does not have standards. requirements on employers compared to to prepare an Information Collection While OSHA drafted this direct final existing OSHA standards. Through this Request in association with this rule to protect employees in every state, rulemaking, OSHA is incorporating by rulemaking. Section 18(c)(2) of the OSH Act permits reference three recent editions of the Members of the public may respond State-Plan states and U.S. territories to applicable national consensus standards to this paperwork determination by develop and enforce their own in its existing signage protection sending their written comments to the standards for signage protection standards. This direct final rule does not Office of Information and Regulatory provided these requirements are at least require employers to update or replace Affairs, Attn: OSHA Desk Officer (RIN as effective in providing safe and their signage solely as a result of this 1218-AC77), Office of Management and healthful employment and places of rulemaking if their current signage Budget, Room 10235, 725 17th Street employment as the requirements meets the requirements of this direct NW., Washington, DC 20503. The specified in this direct final rule. final rule. OSHA believes that adding Agency encourages commenters to In summary, this direct final rule the new references to ANSI Z535.1- submit these comments to the complies with Executive Order 13132. 2006(R2011), ANSI Z535.2-2011, and rulemaking docket, along with their In states without OSHA-approved state ANSI Z535.5-2011, while retaining the comments on other parts of this direct plans, this rulemaking limits state current references to ANSI Z35.1-1968, final rule. For instructions on policy options in the same manner as Z35.2-1968, and Z53.1-1967, will submitting these comments and other OSHA standards. In State-Plan impose no additional compliance accessing the docket, see the sections of states, this rulemaking does not obligations on employers because this Federal Register notice titled DATES significantly limit state policy options employers can continue using their Federal Register/Vol. 78, No. 114/Thursday, June 13, 2013/Rules and Regulations 35565 existing signage and, when necessary, H. Consultation With the Advisory List of Subjects in 29 CFR Parts 1910 update their signage and not be out of Committee on Construction Safety and and 1926 compliance. Health Construction, General industry, Therefore, this direct final rule does Under 29 CFR parts 1911 and 1912, Incorporation by reference, not require action under 29 CFR OSHA must consult with the Advisory Occupational safety and health, Safety, 1953.5(a), and State-Plan states do not need to adopt this rule or show OSHA Committee on Construction Safety and Signs, Tags. Health ("ACCSH" or "the Committee"), Signed at Washington, DC, on June 5, 2013. why such action is unnecessary. established pursuant to Section 107 of David Michaels, However, to the extent these State-Plan the Contract Work Hours and Safety Assistant Secretary of Labor for Occupational states have the same standards as the Standards Act, 40 U.S.C. 3701-3708, in Safety and Health. OSHA standards affected by this direct setting standards for construction work. Amendments to Standards final rule, OSHA encourages them to Specifically, 1911.10(a) requires the adopt the amendments. For the reasons stated above in the Assistant Secretary to provide ACCSH preamble, the Occupational Safety and F. Unfunded Mandates Reform Act of with a draft proposed rule (along with Health Administration is amending 29 1995 pertinent factual information) and give CFR parts 1910 and 1926 as follows: the Committee an opportunity to submit OSHA reviewed this direct final rule recommendations. See, also, § 1912.3(a) PART 1910-[AMENDED] according to the Unfunded Mandates ("[W]henever occupational safety or Reform Act of 1995 (UMRA), 2 U.S.C. health standards for construction Subpart A-[Amended] 1501-1571, and Executive Order 12875, activities are proposed, the Assistant 58 FR 58093 (1993). 75 FR 48130; 2010. 1. The authority citation for subpart A Secretary [for Occupational Safety and As discussed above in Section IV.B of part 1910 continues to read as Health] shall consult the Advisory follows: ("Final Economic Analysis and Committee"). Regulatory Flexibility Certification") of Authority: 29 U.S.C. 653, 655, 657; On March 18, 2013, OSHA presented this preamble, OSHA determined that Secretary of Labor's Order No. 12-71 (36 FR to the ACCSH a draft of the proposed 8754), 8-76 (41 FR 25059), 9-83 (48 FR this direct final rule imposes no rule accompanying this direct final rule, 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), additional costs on any private-sector or as well as a table comparing the current 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), public-sector entity. Accordingly, this regulatory text with the proposed 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), direct final rule requires no additional or 1-2012 (77 FR 3912), as applicable. regulatory text for the provisions of 29 expenditures by either public or private Sections 1910.6, 1910.7, 1910.8 and 1910.9 CFR 1926.200 subject to this also issued under 29 CFR 1911. Section employers. rulemaking. OSHA explained that it was 1910.7(f) also issued under 31 U.S.C. 9701, As noted above under Section IV.E proposing to update these provisions by 29 U.S.C. 9a, 5 U.S.C. 553; Public Law 106- ("State-Plan States") of this preamble, allowing employers to comply with 113 (113 Stat. 1501A-222); Pub. L. 11-8 and OSHA standards do not apply to state or either the older ANSI standards, Z35.1- 111-317; and OMB Circular A-25 (dated July 8, 1993) (58 FR 38142, July 15, 1993). local governments except in states that 1968, Z35.2-1968, and Z53.1-1967, or elected voluntarily to adopt an OSHAthe latest ANSI standards, Z535.1- 2. Amend § 1910.6 as follows: approved state plan. Consequently, this 006(R2011), Z535.2-2011, and Z535.5- a. Revise paragraphs (e)(59) and direct final rule does not meet the 2011. The ACCSH subsequently (e)(65); definition of a "Federal recommended that OSHA proceed with b. Redesignate paragraphs (e)(66) intergovernmental mandate" (see the proposed rule to update $ 1926.200 through (e)(77) as paragraphs (e)(68) Section 421(5) of the UMRA, 2 U.S.C. (a transcript of these proceedings is through (e)(79); and C. Add paragraphs (e)(66) and (e)(67). 658(5). Therefore, for the purposes of available at Docket No. OSHA-2013- the UMRA, OSHA certifies that this 0005-0007, pp. 41-46). ACCSH $1910.6 Incorporation by reference. direct final rule does not mandate that members also suggested that OSHA * * * * state, local, or tribal governments adopt consider replacing the illustrations of (e) * * * new, unfunded regulatory obligations, the old signs and tags it is removing (59) ANSI Z35.1-1968, Specifications or increase expenditures by the private from 1926.200(b)(1), (c)(1), and (h)(2) for Accident Prevention Signs; IBR sector of more than $100 million in any with the new ones, or a combination of approved for 1910.261(c). Copies the old ones and the new ones. Id. at available for purchase from the IHS year. 21-23. OSHA will consider this Standards Store, 15 Inverness Way East, G. Consultation and Coordination With suggestion. Englewood, CO 80112; telephone: 1- Indian Tribal Governments 877-413-5184; Web site: V. Authority and Signature www.global.ihs.com. OSHA reviewed this direct final rule * * * * * in accordance with Executive Order David Michaels, Ph.D., MPH, (65) USAS Z53.1-1967 (also referred 13175, 65 FR 67249 (2000), and Assistant Secretary of Labor for to as ANSI Z53.1-1967), Safety Color determined that it does not have "tribal Occupational Safety and Health, U.S. Code for Marking Physical Hazards, implications" as defined in that order. Department of Labor, 200 Constitution ANSI approved October 9, 1967; IBR This direct final rule does not have Ave. NW., Washington, DC 20210, approved for § 1910.97(a) and substantial direct effects on one or more authorized the preparation of this direct 1910.145(d). Copies available for Indian tribes, on the relationship final rule. OSHA is issuing this direct purchase from the IHS Standards Store, between the Federal government and final rule pursuant to 29 U.S.C. 653, 15 Inverness Way East, Englewood, CO Indian tribes, or on the distribution of 655, and 657; 5 U.S.C. 553; 40 U.S.C. 80112; telephone: 1-877-413-5184; power and responsibilities between the 3701-3708; Secretary of Labor's Order Web site: www.global.ihs.com. Federal government and Indian tribes. 1-2012, 77 FR 3912 (2012); and 29 CFR (66) ANSI Z535.1-2006(R2011), part 1911. Safety Colors, reaffirmed July 19, 2011; 35566 Federal Register/Vol. 78, No. 114/Thursday, June 13, 2013/Rules and Regulations IBR approved for 1910.97(a) and (2) Danger signs. The colors red, PART 1926-[AMENDED] 1910.145(d). Copies available for black, and white shall be those of purchase from the International Safety opaque glossy samples as specified in Subpart A-[Amended] Equipment Association, 1901 North Table 1, "Fundamental Specification of Moore Street, Arlington, VA 22209- 9. The authority citation for subpart A Safety Colors for CIE Standard Source 1762; telephone: 703-525-1695; fax: of part 1926 continues to read as 'C,''' of ANSI Z53.1-1967 or in Table 1, follows: 703-528-2148; Web site: "Specification of the Safety Colors for www.safetyequipment.org. CIE Illuminate C and the CIE 1931, 2° Authority: 40 U.S.C. 333; 29 U.S.C. 653, (67) ANSI Z535.2-2011, Standard Observer," of ANSI Z535.1- 655, 657; Secretary of Labor's Order No. 12- Environmental and Facility Safety 71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 2006(R2011), incorporated by reference Signs, published September 15, 2011; (48 FR 35736), 6-96 (62 FR 111), 5-2007 (72 in 1910.6. FR 31160), 4-2010 (75 FR 55355), or 1-2012 IBR approved for $ 1910.261(c). Copies ***** (77 FR 3912), as applicable; and 29 CFR part available for purchase from the 1911. International Safety Equipment (4) Caution signs. The standard color Association, 1901 North Moore Street, of the background shall be yellow; and 10. Amend $ 1926.6 as follows: Arlington, VA 22209-1762; telephone: the panel, black with yellow letters. Any a. Revise paragraph (h)(24); 703-525-1695; fax: 703-528-2148; Web letters used against the yellow b. Redesignate paragraphs (h)(27) site: www.safetyequipment.org. background shall be black. The colors through (h)(30) as (h)(31) through * * shall be those of opaque glossy samples (h)(34) and paragraph (u)(1) as (u)(2); C. Add paragraphs (h)(27) through as specified in Table 1 of ANSI Z53.1- Subpart G-[Amended] (h)(30), and (u)(1); and 1967 or Table 1 of ANSI Z535.1- d. Revise newly redesignated 3. Revise the authority citation for 2006(R2011), incorporated by reference paragraph (u)(2). subpart G of part 1910 to read as in $1910.6. follows: * $ 1926.6 Incorporation by reference. * * * Authority: 29 U.S.C. 653, 655, 657; (6) Safety instruction signs. The (h) * * * Secretary of Labor's Order No. 12-71 (36 FR standard color of the background shall (24) ANSI Z35.1-1968, Specifications 8754), 8-76 (41 FR 25059), 9-83 (48 FR be white; and the panel, green with for Accident Prevention Signs; IBR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), white letters. Any letters used against 3-2000 (65 FR 50017), 5-2002 (67 FR 50017), approved for 1926.200(b), (c), and 1 (i). 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), the white background shall be black. Copies available for purchase from the or 1-2012 (77 FR 3912), as applicable; and The colors shall be those of opaque IHS Standards Store, 15 Inverness Way 29 CFR part 1911. glossy samples as specified in Table 1 East, Englewood, CO 80112; telephone: of ANSI Z53.1-1967 or in Table 1 of 1-877-413-5184; Web site: 4. Amend $ 1910.97 by revising ANSI Z535.1-2006(R2011), www.global.ihs.com. paragraph (a)(3)(ii) to read as follows: incorporated by reference in $ 1910.6. * * * * * $ 1910.97 Nonionizing radiation. * * * * (27) USA Z53.1-1967 (also referred to * * * * * as ANSI Z53.1-1967), Safety Color Code (a) * * * Subpart R-[Amended] for Marking Physical Hazards, ANSI (3) * approved October 9, 1967; IBR approved (ii) ANSI Z53.1-1967 or ANSI 7. Revise the authority citation for for § 1926.200(c). Copies available for Z535.1-2006(R2011), incorporated by subpart R of part 1910 to read as purchase from the IHS Standards Store, reference in $ 1910.6, is for use for color follows: 15 Inverness Way East, Englewood, CO specification. All lettering and the 80112; telephone: 1-877-413-5184; Authority: 29 U.S.C. 653, 655, 657; border shall be of aluminum color. Web site: www.global.ihs.com. Secretary of Labor's Order No. 12-71 (36 FR * * (28) ANSI Z535.1-2006(R2011), 8754), 8-76 (41 FR 25059), 9-83 (48 FR Safety Colors, reaffirmed July 19, 2011; 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), Subpart J-[Amended] IBR approved for § 1926.200(c). Copies 5-2007 (72 FR 31159)), 4-2010 (75 FR 5. Revise the authority citation for 55355), or 1-2012 (77 FR 3912), as available for purchase from the International Safety Equipment subpart J of part 1910 to read as follows: applicable; and 29 CFR part 1911. Association, 1901 North Moore Street, Authority: 29 U.S.C. 653, 655, 657; 8. Amend $ 1910.261 by revising Arlington, VA 22209-1762; telephone: Secretary of Labor's Order No. 12-71 (36 FR paragraph (c)(16) to read as follows: 703-525-1695; fax: 703-528-2148; Web 8754), 8-76 (41 FR 25059), 9-83 (48 FR site: www.safetyequipment.org. 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), $ 1910.261 Pulp, paper, and paperboard (29) ANSI Z535.2-2011, 3-2000 (65 FR 50017), 5-2007 (72 FR 31159), mills. Environmental and Facility Safety 4-2010 (75 FR 55355), or 1-2012 (77 FR * * * * Signs, published September 15, 2011; 3912), as applicable. IBR approved for § 1926.200(b), (c), and Sections 1910.141, 1910.142, 1910.145, (c) * * (i). Copies available for purchase from 1910.146, and 1910.147 also issued under 29 (16) Signs. When conveyors cross the International Safety Equipment CFR part 1911. walkways or roadways in the yards, the Association, 1901 North Moore Street, 6. Amend $1910.145 by revising employer must erect signs reading Arlington, VA 22209-1762; telephone: paragraphs (d)(2), (d)(4), and (d)(6) to "Danger-Overhead Conveyor" or an 703-525-1695; fax: 703-528-2148; Web read as follows: equivalent warning, in accordance with site: www.safetyequipment.org. ANSI Z35.1-1968 or ANSI Z535.2-2011, (30) ANSI Z535.5-2011, Safety Tags $1910.145 Specifications for accident incorporated by reference in § 1910.6. and Barricade Tapes (for Temporary prevention signs and tags. Hazards), published September 15, ***** * * * * 2011, including Errata, November 14, (d) *** 2011; IBR approved for $ 1926.200(h) Federal Register/Vol. 78, No. 114/Thursday, June 13, 2013/Rules and Regulations 35567 and (i). Copies available for purchase (3) The standard color of the DEPARTMENT OF HOMELAND from the International Safety Equipment background shall be yellow; and the SECURITY Association, 1901 North Moore Street, panel, black with yellow letters. Any Arlington, VA 22209-1762; telephone: letters used against the yellow Coast Guard 703-525-1695; fax: 703-528-2148; Web background shall be black. The colors site: www.safetyequipment.org. shall be those of opaque glossy samples 33 CFR Part 165 as specified in Table 1 of ANSI Z53.1- (u) *** 1967 or in Table 1 of ANSI Z535.1- [Docket No. USCG-2013-0376] (1) Manual on Uniform Traffic Control 2006(R2011), incorporated by reference Devices (MUTCD), Part VI, Standards RIN 1625-AA00 in § 1926.6. and Guides for Traffic Controls for ***** Street and Highway Construction, Safety Zone; Lower Mississippi River, Maintenance, Utility, and Incident (g) * * Mile Marker 219 to Mile Marker 229, in Management Operation, 1988 Edition, the Vicinity of Port Allen Lock (2) All traffic control signs or devices Revision 3, September 3, 1993; IBR used for protection of construction AGENCY: Coast Guard, DHS. approved for 1926.200(g), workers shall conform to Part VI of the 1926.201(a), and 1926.202. Electronic ACTION: Temporary final rule. MUTCD, 1988 Edition, Revision 3, or copies of the MUTCD, 1988 Edition, Part VI of the MUTCD, Millennium SUMMARY: The Coast Guard is Revision 3, are available for downloading at http://www.osha.gov/ Edition, incorporated by reference in establishing a temporary safety zone for doc/highway_workzones/mutcd/ $ 1926.6. all waters of the Lower Mississippi River beginning at mile marker 219 and index.html. (h) *** ending at mile marker 229, extending (2) Manual on Uniform Traffic Control (2) For accident prevention tags, the entire width of the river, in the Devices (MUTCD), Millennium Edition, employers shall follow specifications vicinity of Port Allen Lock. This safety Dec. 2000; IBR approved for that are similar to those in Figures 1 to zone is needed to protect persons and 1926.200(g)), 1926.201(a), and 4 of ANSI Z35.2-1968 or Figures 1 to 8 vessels from the potential safety hazards 1926.202. Electronic copies of the of ANSI Z535.5-2011, incorporated by associated with high water. Entry into MUTCD 2000 are available for reference in $ 1926.6. this zone is prohibited unless vessels downloading at http:// mutcd.fhwa.dot.gov/kno- (i) Additional rules. ANSI Z35.1- have met the specified instructions or millennium_12.18.00.htm. 1968, ANSI Z535.2-2011, ANSI Z35.2- specifically authorized by the Captain of ***** 1968, and ANSI Z535.5-2011, the Port, New Orleans or a designated incorporated by reference in 1926.6, representative. Subpart G-[Amended] contain rules in addition to those DATES: This rule will be enforced with specifically prescribed in this subpart. actual notice from 12 p.m. on May 5, 11. Revise the authority citation for subpart G of part 1926 to read as The employer shall comply with ANSI 2013, until June 13, 2013. This rule is Z35.1-1968 or ANSI Z535.2-2011, and effective in the Code of Federal follows: ANSI Z35.2-1968 or Z535.5-2011, with Regulations on June 13, 2013 until 12 Authority: 40 U.S.C. 333; 29 U.S.C. 653, respect to such additional rules. p.m. on June 16, 2013. 655, 657; Secretary of Labor's Order No. 12- ADDRESSES: Documents indicated in this 71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 3-2000 (65 FR 50017), 5-2002 13. Amend $ 1926.201 by revising preamble as being available in the (67 FR 65008), 5-2007 (72 FR 31159), 4-2010 paragraph (a) to read as follows: docket are part of docket USCG-2013- (75 FR 55355), or 1-2012 (77 FR 3912), as 0376. To view documents mentioned in applicable; and 29 CFR part 1911. $1926.201 Signaling. this preamble as being available in the 12. Amend $ 1926.200 by revising (a) Flaggers. Signaling by flaggers and docket, go to http:// paragraphs (b)(1), (c)(1), (c)(3), (g)(2), the use of flaggers, including warning www.regulations.gov, type the docket (h)(2), and (i) to read as follows: number in "SEARCH" box and click garments worn by flaggers, shall conform to Part VI of the Manual on "SEARCH". Click on Open Docket $ 1926.200 Accident prevention signs and Folder on the line associated with this tags. Uniform Traffic Control Devices (1988 Edition, Revision 3, or the Millennium rulemaking. You may also visit the ***** Docket Management Facility in Room (b) Danger signs. (1) Danger signs Edition), incorporated by reference in W12-140 on the ground floor of the shall be used only where an immediate $ 1926.6. Department of Transportation West hazard exists, and shall follow the ***** Building, 1200 New Jersey Avenue SE., specifications provided in Figure 1 of 14. Revise $ 1926.202 to read as Washington, DC 20590, between 9 a.m. ANSI Z35.1-1968 or in Figure 2 of ANSI follows: and 5 p.m., Monday through Friday, Z535.2-2011, incorporated by reference except Federal holidays. in $ 1926.6. $ 1926.202 Barricades. FOR FURTHER INFORMATION CONTACT: If * * * * (c) Caution signs. (1) Caution signs Barricades for protection of you have questions on this rule, call or employees shall conform to Part VI of email Lieutenant Christopher Norton, shall be used only to warn against the Manual on Uniform Traffic Control Coast Guard Marine Safety Unit Baton potential hazards or to caution against Rouge; telephone (225) 298-5400, email unsafe practices, and shall follow the Devices (1988 Edition, Revision 3, or the Christopher.R.Norton@uscg.mil. If you specifications provided in Figure 4 of Millennium Edition), incorporated by have questions on viewing the docket, ANSI Z35.1-1968 or in Figure 2 of ANSI reference in $ 1926.6. call Barbara Hairston, Program Manager, Z535.2-2011, incorporated by reference [FR Doc. 2013-13909 Filed 6-12-13; 8:45 am] Docket Operations, telephone (202) for the sections specified in § 1926.6. BILLING CODE 4510-26-P 366-9826. ***** SUPPLEMENTARY INFORMATION: