[Federal Register Volume 67, Number 72 (Monday, April 15, 2002)]
[Proposed Rules]
[Pages 18145-18146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8774]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket # S-018]
RIN 1218-AB88


Safety Standards for Signs, Signals, and Barricades

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Proposed rule; request for comments.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is 
proposing to amend construction industry standards to require that 
traffic control signs, signals, barricades or devices protecting 
construction workers conform to Part VI of the 1988 Edition of the 
Federal Highway Administration (FHWA) Manual on Uniform Traffic Control 
Devices (MUTCD), with 1993 revisions (Revision 3) or the Millennium 
Edition of the FHWA MUTCD (Millennium Edition), instead of the American 
National Standards Institute (ANSI) D6.1-1971, Manual on Uniform 
Traffic Control Devices for Streets and Highways (1971 MUTCD). This 
action is consistent with OSHA's June 16, 1999 interpretation letter 
stating that the agency would allow employers to comply with Revision 3 
in lieu of the 1971 MUTCD.
    Because OSHA believes the amendment is non-controversial, the 
Agency is issuing it as a Direct Final Rule published in the Final 
Rules section of today's Federal Register. If no significant adverse 
comment is received on the Direct Final Rule, OSHA will confirm the 
effective date of the Final Rule. If significant adverse comment is 
received, OSHA will withdraw the Direct Final Rule and proceed with 
rulemaking on this proposal. A subsequent Federal Register document 
will be published to announce OSHA's action.

DATES: Written comments and requests for a hearing on this proposed 
rule must be submitted or sent electronically by June 14, 2002.

ADDRESSES: Submit three copies of written comments to OSHA Docket 
Office, Docket No. S-018, U.S. Department of Labor, 200 Constitution 
Avenue NW., Room N-2625, Washington, DC 20210; telephone (202-693-
2350).
    If written comments are 10 pages or fewer, you may fax them to the 
OSHA Docket Office telephone number (202) 693-1648.
    You may submit comments electronically through OSHA's Homepage at 
ecomments.osha.gov. Please note that you may not attach materials such 
as studies or journal articles to your electronic comments. If you wish 
to include such materials, you must submit three copies to the OSHA 
Docket Office at the address listed above. When submitting such 
materials to the OSHA Docket Office, you must clearly identify your 
electronic comments by name, date, and subject, so that we can attach 
the materials to your electronic comments.
    How to obtain copies of the MUTCD: The 1988 Edition of the Manual 
on Uniform Traffic Control Devices (Revision 3, dated 9/93, with the 
November 1994 Errata No. 1 is available for downloading from OSHA's 
website: http://www.osha.gov./doc/highway_workzones. In addition, 
Revision 3 is available for viewing and copying at each OSHA Area 
Office. The Millennium Edition is available for downloading from DOT's 
website: http://mutcd.fhwa.dot.gov/kno-millennium. The Federal Highway 
Administration partnered with three organizations to print copies of 
the Millennium Edition Manual of Uniform Traffic Control Devices for 
sale. The organizations are: (1) American Traffic Safety Services 
Association, 15 Riverside Parkway, Suite 100, Fredericksburg, VA 22406-
1022; Telephone: 1-800-231-3475; FAX: (540) 368-1722; www.atssa.com; 
(2) Institute of Transportation Engineers, 1099 14th Street, NW., Suite 
300 West, Washington, DC 20005-3438; FAX: (202) 289-7722; ; 
www.ite.org; and (3) American Association of State Highway and 
Transportation Officials; www.aashto.org; Telephone: 1-800-231-3475; 
FAX: 1-800-525-5562.

FOR FURTHER INFORMATION CONTACT: Nancy Ford, Office of Construction 
Standards and Construction Services, Occupational Safety and Health 
Administration, U.S. Department of Labor, Room N-3468, 200 Constitution 
Avenue, NW., Washington, DC 20210; telephone: (202) 693-2345.

SUPPLEMENTARY INFORMATION:

Background

    This proposed rule applies to employers involved in road 
construction and repair operations. It addresses the types of signs, 
signals, and barricades that must be used in areas where road-work is 
being performed. A complete discussion of the changes noted in Revision 
3 and the Millenium Edition, as well as an economic analysis, is 
published in the preamble to the Direct Final Rule. That discussion is 
incorporated in this proposal.

Public Participation

    Interested persons are requested to submit written data, views, and 
arguments concerning this proposed rule. These comments must be 
received by June 14, 2002.
    OSHA requests comments on all issues related to changing the 
references in the safety and health regulations for construction from 
the 1971 MUTCD to Revision 3 of the 1988 Edition (and, at the option of 
the employer, the Millennium Edition). OSHA also welcomes comments on 
the Agency's findings that there are no significant negative economic, 
environmental or

[[Page 18146]]

other regulatory impacts of this action on the regulated community. 
OSHA is not requesting comment on any issues or opening the record for 
any issue other than those related to this amendment to 29 CFR 
1926.200, 201, and 1926.202.
    Submit three copies of written comments to OSHA Docket Office, 
Docket No. S-018, Docket Office, U.S. Department of Labor, 200 
Constitution Avenue NW., Room N-2625, Washington, DC 20210; telephone 
(202-693-2350).
    If written comments are 10 pages or fewer, you may fax them to the 
OSHA Docket Office telephone number (202) 693-1648.
    You may submit comments electronically through OSHA's Homepage at 
ecomments.osha.gov. Please note that you may not attach materials such 
as studies or journal articles to your electronic comments. If you wish 
to include such materials, you must submit three copies to the OSHA 
Docket Office at the address listed above. When submitting such 
materials to the OSHA Docket Office, you must clearly identify your 
electronic comments by name, date, and subject, so that we can attach 
the materials to your electronic comments.
    All written comments received within the specified comment period 
will be made a part of the record and will be available for public 
inspection and copying at the above Docket Office address.

List of Subjects in 29 CFR Part 1926

    Incorporation by reference, MUTCD, Occupational Safety and Health, 
Traffic control devices.

Authority and Signature

    This document was prepared under the direction of John Henshaw, 
Assistant Secretary of Labor for Occupational Safety and Health, 200 
Constitution Avenue, NW., Washington, DC 20210.
    This action is taken pursuant to sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), 
section 4 of the Administrative Procedure Act (5 U.S.C. 553), Section 
107 of the Contract Work Hours and Safety Standards Act (Construction 
Safety Act), 40 U.S.C. 333, Secretary of Labor's Order No. 3-2000 (65 
FR 50017, August 16, 2000), and 29 CFR Part 1911.

    Signed at Washington, DC, this 3rd day of April, 2002.
John Henshaw,
Assistant Secretary of Labor.

    OSHA proposes to amend Subpart G of Title 29 of the Code of Federal 
Regulations as set forth below:

PART 1926--(AMENDED)

    1. The authority citation for Subpart G of Part 1926 is revised to 
read as follows:

    Authority: Sec. 107, Contract Work Hours and Safety Standards 
Act (Construction Safety Act) (40 U.S.C. 333); secs. 4, 6, 8, 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 
25059), 9-83 (48 FR 35736), or 3-2000 (65 FR 50017) as applicable; 
29 CFR Part 1911.

Subpart G [Proposed Amendments]

    2. Paragraph (g)(2) of Sec. 1926.200 is revised to read as follows:


Sec. 1926.200  Accident Prevention Signs and Tags

* * * * *
    (g) * * *
    (2) All traffic control signs or devices used for protection of 
construction workers shall conform to Part VI of the Manual of Uniform 
Traffic Control Devices (``MUTCD''), 1988 Edition, Revision 3, 
September 3, 1993, FHWA-SA-94-027 or Part VI of the Manual on Uniform 
Traffic Control Devices, Millennium Edition, December 2000, FHWA, which 
are incorporated by reference. The Director of the Federal Register 
approves this incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR Part 51. You may obtain a copy of the Millennium 
Edition from the following organizations: American Traffic Safety 
Services Association, 15 Riverside Parkway, Suite 100, Fredericksburg, 
VA 22406-1022; Telephone: 1-800-231-3475; FAX: (540) 368-1722; 
www.atssa.com; Institute of Transportation Engineers, 1099 14th Street, 
NW., Suite 300 West, Washington, DC 20005-3438; FAX: (202) 289-7722; 
www.ite.org; and American Association of State Highway and 
Transportation Officials; www.aashto.org; Telephone: 1-800-231-3475; 
FAX: 1-800-525-5562. Electronic copies of the MUTCD 2000 are available 
for downloading at 
http://mutcd.fhwa.dot.gov/kno-millennium. Electronic copies of the 1988 
Edition MUTCD, Revision 3, are available for downloading at http://www.osha.gov./doc/highway_workzones. Both documents are available for 
inspection at the OSHA Docket Office, Room N2625, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Washington, DC 20210 or at the 
Office of the Federal Register, 800 North Capitol Street, NW., Suite 
700, Washington, DC.
* * * * *
    3. Paragraph (a) of Sec. 1926.201 is revised 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), which are incorporated by reference in 
Sec. 1926.200(g)(2).
* * * * *
    4. Section 1926.202 is revised 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 Millennium Edition), which are incorporated by reference in 
Sec. 1926.200(g)(2).
    5. Paragraph (c) of Sec. 1926.203 is revised to read as follows:


Sec. 1926.203  Definitions applicable to this subpart.

* * * * *
    (c) Signals are moving signs, provided by workers, such as 
flaggers, or by devices, such as flashing lights, to warn of possible 
or existing hazards.
* * * * *
[FR Doc. 02-8774 Filed 4-12-02; 8:45 am]
BILLING CODE 4510-26-P