[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Proposed Rules]
[Pages 35585-35593]
[FR Doc No: 2013-13910]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910 and 1926

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

Updating OSHA Standards Based on National Consensus Standards;
Signage

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

ACTION: Notice of proposed rulemaking; request for comments.

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SUMMARY: The Occupational Safety and Health Administration (``OSHA'' or
``the Agency'') proposes 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. OSHA also is
proposing to retain 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. In addition, OSHA is proposing to
incorporate 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 amend citations in two
provisions of the construction standards to show the correct
incorporation-by-reference section. In addition, OSHA is publishing a
direct final rule in today's Federal Register adding the same
references.

DATES: Submit comments on this proposed 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).

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

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

SUPPLEMENTARY INFORMATION:
    Copies of this Federal Register notice. Electronic copies of this
Federal Register notice are available at http://www.regulations.gov.
This Federal Register notice, as well as news releases and other
relevant information, also are available at OSHA's Web page at http://www.osha.gov.

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. Preliminary 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 any significant adverse
comments 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 comments, the direct final
rule will become effective. However, should the agency receive any
significant adverse comments, the agency will withdraw the direct final
rule and treat the comments as submissions on the proposed rule.
    OSHA uses direct final rules to update existing consensus standards
when it expects the rulemaking to be noncontroversial; when the rule
provides protection to employees that is at least equivalent to the
protection afforded to them by the previous standard-development
organization standard; and when the rule imposes 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 a 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 notice of proposed rulemaking (NPRM) 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 increasing employers'
compliance flexibility without compromising employee safety (for the
purposes of this rulemaking, the term ``signage standards'' refers to
standards that regulate both signs and tags). 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).
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    \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.
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    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).
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    \2\ According to OSHA's Field Operations Manual (FOM), a de
minimis condition occurs when ``[a]n employer has implemented a
measure different than the one specified in a standard, that has no
direct or immediate relationship to safety or health.'' FOM, CPL 02-
00-150, Ch. 4, Sec.  VIII, pp. 4-36 to 4-37 (Apr. 22, 2011),
available on OSHA's Web page. OSHA issues no citations or penalties
for these conditions, but compliance officers will document the
condition during an inspection. Id. at 4-36. See, also, Letter of
Interpretation dated February 22, 2011, from Thomas Galassi,
Director, Directorate of Enforcement Programs, OSHA, to Richard A.
Eichel, ATA Safety, describing OSHA's de minimis enforcement policy
with regard to ANSI signs; available at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=27641.
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    NEMA and ANSI further assert that signs and tags meeting the latest
version 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 old, 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).
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    \3\ This exhibit is actually Exhibit 6 of the Peckham letter,
but is mislabeled as Exhibit 5.
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    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 NPRM is proposing
to incorporate 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 NPRM proposes to update 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 NPRM
would 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 would allow employers to update
their signage based on the newest ANSI consensus standards without
violating OSHA's requirements. In addition, since employers would not
have to update their signage, there would be no additional compliance
cost or burden resulting from this rulemaking. The NPRM would 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 NPRM, OSHA would correct 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 NPRM would update the nonionizing radiation provision by
incorporating ANSI Z535.1-2006(R2011), ``Safety Colors,'' by reference.
This addition would 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 NPRM would correct 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 NPRM would 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
would 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 NPRM would
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 would allow 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 NPRM would 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 would incorporate by reference Part
VI of the MUTCD, 1988 Edition, Revision 3.
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    \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 NPRM, therefore, would correct this
oversight by incorporating ANSI Z53.1-1967 by reference under Sec.
1926.6.
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    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 NPRM would 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, would 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 NPRM would 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, would 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 NPRM would 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, would 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 NPRM would
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 would 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 NPRM also would 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
NPRM would correct this oversight by returning the reference to Part VI
of the MUTCD to Sec.  1926.6; it also would 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 proposing to retain
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, this NPRM would give employers the option of complying
with the old or the new ANSI standards. Since employers could choose to
comply with OSHA's existing signage standards, incorporating the new
ANSI standards by reference would 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 assure, as far as 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
proposed 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 has 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 NPRM would neither reduce employee protection nor alter an
employer's obligations under the existing standards. Under this NPRM,
employers would 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 NPRM would
provide employers with additional options for meeting the design-
criteria requirements for signage protection. Therefore, this NPRM
would 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 NPRM would reduce that risk, as
typically required by Industrial Union Department.

B. Preliminary Economic Analysis and Regulatory Flexibility Act
Certification

    This NPRM 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 NPRM 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 would allow employers increased flexibility in
choosing signage for the protection of their employees. This NPRM,
however, would 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 NPRM imposes no
costs, OSHA certifies that it would 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
NPRM. 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<PHONE_NUMBER>.

D. Federalism

    OSHA reviewed this NPRM 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 NPRM 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 NPRM.
    In summary, this NPRM 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 any final standard developed from this
NPRM.

E. State-Plan States

    When Federal OSHA promulgates a new standard or amends an existing
standard to make it more stringent, 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 NPRM would not impose any additional or more stringent
requirements on employers compared to existing OSHA standards. This
NPRM proposes to incorporate by reference three recent editions of the
applicable national consensus standards in OSHA's existing signage
protection standards. This NPRM would 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 NPRM. 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, would impose no additional
compliance obligations on employers because employers can continue
using their existing signage and, when necessary, update their signage
and not be out of compliance.
    Therefore, this NPRM 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 NPRM, OSHA encourages them to adopt the amendments
that may result from this rulemaking.

F. Unfunded Mandates Reform Act of 1995

    OSHA reviewed this NPRM 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 NPRM imposes no additional
costs on any private-sector or public-sector entity. Accordingly, this
NPRM 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 NPRM 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 NPRM 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 NPRM 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 NPRM 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 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 this
NPRM, 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 for a future
rulemaking.

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 NPRM. OSHA is issuing this NPRM 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, 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.

Proposed Amendments to Standards

    For the reasons stated above in the preamble, the Occupational
Safety and Health Administration is proposing to amend 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; 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:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; 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:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; 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[deg] 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:<PHONE_NUMBER>; 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:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; 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) and (i). Copies
available for purchase from the International Safety Equipment
Association, 1901 North Moore Street, Arlington, VA 22209-1762;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Web site:
www.safetyequipment.org.
* * * * *
    (u) * * *
    (1) Manual on Uniform Traffic Control Devices (MUTCD), Part VI,
Standards and Guides for Traffic Controls for Street and Highway
Construction, Maintenance, Utility, and Incident Management Operation,
1988 Edition, Revision 3, September 3, 1993; IBR approved for
Sec. Sec.  1926.200(g), 1926.201(a), and 1926.202. Electronic copies of
the MUTCD, 1988 Edition, Revision 3, are available for downloading at
http://www.osha.gov/doc/highway_workzones/mutcd/index.html.
    (2) Manual on Uniform Traffic Control Devices (MUTCD), Millennium
Edition, Dec. 2000; IBR approved for Sec. Sec.  1926.200(g)),
1926.201(a), and 1926.202. Electronic copies of the MUTCD 2000 are
available for downloading at http://mutcd.fhwa.dot.gov/kno-millennium_12.18.00.htm.
* * * * *

Subpart G--[Amended]

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

    Authority: 40 U.S.C. 333; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR
31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable;
and 29 CFR part 1911.

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

Sec.  1926.200  Accident prevention signs and tags.

* * * * *
    (b) Danger signs. (1) Danger signs shall be used only where an
immediate hazard exists, and shall follow the specifications provided
in Figure 1 of ANSI Z35.1-1968 or in Figure 2 of ANSI Z535.2-2011,
incorporated by reference in Sec.  1926.6.
* * * * *

    (c) Caution signs. (1) Caution signs shall be used only to warn
against potential hazards or to caution against unsafe practices, and
shall follow the specifications provided in Figure 4 of ANSI Z35.1-1968
or in Figure 2 of ANSI Z535.2-2011, incorporated by reference for the
sections specified in Sec.  1926.6.
* * * * *
    (3) The standard color of the background shall be yellow; and the
panel, black with yellow letters. Any letters used against the yellow
background shall be black. The colors shall be those of opaque glossy
samples as specified in Table 1 of ANSI Z53.1-1967 or in Table 1 of
ANSI Z535.1-2006(R2011), incorporated by reference in Sec.  1926.6.
* * * * *
    (g) * * *
    (2) All traffic control signs or devices used for protection of
construction workers shall conform to Part VI of the MUTCD, 1988
Edition, Revision 3, or Part VI of the MUTCD, Millennium Edition,
incorporated by reference in Sec.  1926.6.
    (h) * * *
    (2) For accident prevention tags, employers shall follow
specifications that are similar to those in Figures 1 to 4 of ANSI
Z35.2-1968 or Figures 1 to 8 of ANSI Z535.5-2011, incorporated by
reference in Sec.  1926.6.
    (i) Additional rules. ANSI Z35.1-1968, ANSI Z535.2-2011, ANSI
Z35.2-1968, and ANSI Z535.5-2011, incorporated by reference in Sec.
1926.6, contain rules in addition to those specifically prescribed in
this subpart. The employer shall comply with ANSI Z35.1-1968 or ANSI
Z535.2-2011, and ANSI Z35.2-1968 or Z535.5-2011, with respect to such
additional rules.
0
13. Amend Sec.  1926.201 by revising paragraph (a) to read as follows:

Sec.  1926.201  Signaling.

    (a) Flaggers. Signaling by flaggers and the use of flaggers,
including warning garments worn by flaggers, shall conform to Part VI
of the Manual on Uniform Traffic Control Devices (1988 Edition,
Revision 3, or the Millennium Edition), incorporated by reference in
Sec.  1926.6.
* * * * *
0
14. Revise Sec.  1926.202 to read as follows:

Sec.  1926.202  Barricades.

    Barricades for protection of employees shall conform to Part VI of
the Manual on Uniform Traffic Control Devices (1988 Edition, Revision
3, or the Millennium Edition), incorporated by reference in Sec.
1926.6.
[FR Doc. 2013-13910 Filed 6-12-13; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Rules and Regulations]
[Page 25999]
[DOCID:fr08my08-11]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0067; Airspace Docket No. 08-ANE-98]

Establishment of Class E Airspace; Rockport, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, confirmation of effective date.

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

SUMMARY: This action confirms the effective date of a direct final rule
published in the Federal Register (73 FR 9442) that establishes Class E
Airspace at Rockport, ME to support a new Area Navigation (RNAV) Global
Positioning System (GPS) Special Instrument Approach Procedure (IAP)
that has been developed for medical flight operations into the
Penobscot Bay Medical Center.

DATES: Effective 0901 UTC, June 5, 2008. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, System Support Group,
Eastern Service Center, Federal Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Confirmation of Effective Date

    The FAA published this direct final rule with a request for
comments in the Federal Register on February 21, 2008 (73 FR 9442),
Docket No. FAA-2008-0067; Airspace Docket No. 08-ANE-98. The FAA uses
the direct final rulemaking procedure for a non-controversial rule
where the FAA believes that there will be no adverse public comment.
This direct final rule advised the public that no adverse comments were
anticipated, and that unless a written adverse comment, or a written
notice of intent to submit such an adverse comment, were received
within the comment period, the regulation would become effective on
June 5, 2008. No adverse comments were received, and thus this notice
confirms that effective date.

    Issued in College Park, Georgia, on April 18, 2008.
John D. Haley,
Acting Manager, System Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. E8-9848 Filed 5-7-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Page 22562]
[FR Doc No: 2019-10267]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-1999-6439, Notice No. 26]

Adjustment of Nationwide Significant Risk Threshold

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of adjustment of Nationwide Significant Risk Threshold.

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

SUMMARY: FRA is updating the Nationwide Significant Risk Threshold
(NSRT) for purposes of FRA's regulation on the Use of Locomotive Horns
at Public Highway-Rail Grade Crossings. This action is needed to ensure
the public has the proper permissible risk threshold to evaluate risk
resulting from prohibiting routine locomotive horn sounding at highway-
rail grade crossings located in quiet zones. This is the eighth update
to the NSRT and it is decreasing from 14,723 to 13,811.

DATES: The applicable date of this notice is May 17, 2019.

FOR FURTHER INFORMATION CONTACT: Mr. Larry Woolverton, Office of
Railroad Safety, FRA, 1200 New Jersey Avenue SE, Washington, DC 20590,
(202) 493-6212<EMAIL_ADDRESS>or Ms. Kathryn Gresham,
Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE, Washington, DC
20590,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The NSRT is an average of the risk indexes for gated public
crossings nationwide where train horns are routinely sounded. FRA
developed this risk index to serve as one threshold of permissible risk
for quiet zones established across the nation under 49 CFR part 222,
Use of Locomotive Horns at Public Highway-Rail Grade Crossings. Thus, a
community trying to establish and/or maintain its quiet zone, under 49
CFR part 222, can compare the Quiet Zone Risk Index calculated for its
specific crossing corridor to the NSRT to determine whether sufficient
measures have been taken to compensate for the excess risk that results
from prohibiting routine sounding of the locomotive horn. In the
alternative, a community can establish its quiet zone in comparison to
the Risk Index With Horns, which is defined in 49 CFR 222.9 as a
measure of risk to the motoring public when locomotive horns are
routinely sounded at every public highway-rail grade crossing within a
quiet zone.
    FRA has periodically updated the NSRT since 2006. FRA last updated
the NSRT in 2017 to be 14,723. 82 FR 19138, Apr. 25, 2017.

New NSRT

    Using collision data over a 5-year period from 2013 to 2017, FRA
has recalculated the NSRT based on formulas identified in 49 CFR part
222, appendix D. In making this recalculation, FRA noted the total
number of gated crossings nationwide where train horns are routinely
sounded was 47,289.

                                                                                Fatalities           289
                                                       ----------------------------------------     ---------
                                  Fatality Rate =                             Fatal Incidents    =      235   = 1.2298........

                                                            Injuries in Injury-Only Incidents         1,035
                                                       ----------------------------------------     ---------
                                  Injury Rate =                         Injury-Only Incidents    =      673   = 1.5379........

    Applying the fatality rate and injury rate to the probable number
of fatalities and injuries predicted to occur at each of the 47,289
identified crossings, and the predicted cost of the associated injuries
and fatalities, FRA calculates the NSRT is 13,811. Accordingly, this
updated NSRT value will serve as one threshold of permissible risk for
quiet zones established across the nation pursuant to 49 CFR part 222.

John Karl Alexy,
Acting Associate Administrator for Railroad Safety and Chief Safety
Officer.
[FR Doc. 2019-10267 Filed 5-16-19; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register: May 6, 2009 (Volume 74, Number 86)]
[Notices]
[Page 20971]
[DOCID:fr06my09-94]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1830-DR; Docket ID FEMA-2008-0018]

Minnesota; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Minnesota (FEMA-1830-DR), dated April 9, 2009, and
related determinations.

DATES: Effective Date: April 28, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Minnesota is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of April 9, 2009.

    Cook County for Public Assistance. The following Catalog of
Federal Domestic Assistance Numbers (CFDA) are to be used for
reporting and drawing funds: 97.030, Community Disaster Loans;
97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster
Legal Services; 97.034, Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant; 97.048, Disaster Housing
Assistance to Individuals and Households In Presidentially Declared
Disaster Areas; 97.049, Presidentially Declared Disaster
Assistance--Disaster Housing Operations for Individuals and
Households; 97.050 Presidentially Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.

Nancy Ward,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. E9-10442 Filed 5-5-09; 8:45 am]

BILLING CODE 9111-23-P


[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Pages 51899-51902]
[FR Doc No: 2017-24253]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81999; File No. SR-Phlx-2017-85]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the Price
Improvement XL Auction

November 2, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 26, 2017, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 1080(n) related to Phlx's Price
Improvement XL (``PIXL'') auction.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqphlx.cchwallstreet.com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the PIXL rule at 1080(n) to: 1.
Include a surrender provision; 2. update a reference to the NBBO to
provide specificity to the rule; and 3. correct a typographical error,
update a cross-reference and relocate rule text.
Surrender
    The Exchange proposes to adopt a surrender provision within Rule
1080(n) for its PIXL auction similar to the surrender provision that is
applicable to Nasdaq BX, Inc.'s (``BX'') surrender provision in the BX
price improvement auction (``PRISM'') at Chapter VI, Section 9.
Current PIXL
    By way of background, today, only one PIXL Auction may be conducted
at a time in any given series. Once commenced, an Auction may not be
cancelled and would proceed as described herein. To initiate the
Auction, the Initiating Member must mark the PIXL Order for Auction
processing, and specify either: (a) A single price at which it seeks to
execute the PIXL Order (a ``stop price''); (b) that it is willing to
automatically match as principal or as agent on behalf of an Initiating
Order the price and size of all PIXL Auction Notifications (``PAN'')
responses, and trading interest (``auto-match'') in which case the PIXL
Order will be stopped at the better of the NBBO or the Reference BBO
\3\ on the Initiating Order side; \4\ or (c) that it is willing to
either: (i) Stop the entire order at a single stop price and auto-match
PAN responses and trading interest at a price or prices that improve
the stop price to a specified price (a ``No Worse Than'' or ``NWT''
price); (ii) stop the entire order at a single stop price and auto-
match all PAN responses and trading interest at or better than the stop
price; or (iii) stop the entire order at the better of the NBBO or
Reference BBO on the Initiating Order side, and auto-match PAN
responses and trading interest at a price or prices that improve the
stop price up to the NWT price. In all cases, if the PBBO on the same
side of the market as the PIXL Order represents a limit order on the
book, the stop price must be at least one minimum price improvement
increment better than the booked limit order's limit price. Once the
Initiating Member has submitted a PIXL Order for processing as
described herein, such PIXL Order may not be modified or cancelled.\5\
---------------------------------------------------------------------------

    \3\ The Reference BBO shall mean the internal best bid and offer
on Phlx.
    \4\ This is accomplished by marking the Initiating Order with a
market price.
    \5\ Under no circumstances will the Initiating Member receive an
allocation percentage, at the final price point, of more than 50%
with one competing quote, order or PAN response or 40% with multiple
competing quotes, orders or PAN responses when competing quotes,
orders or PAN responses have contracts available for execution.
---------------------------------------------------------------------------

Proposed PIXL Amendment
    At this time, the Exchange proposes to add a paragraph to Rule
1080(n)(ii)(A)(1) stating that, when starting an Auction, the
Initiating Member may submit the Initiating Order with a designation of
``surrender'' to other PIXL participants (``Surrender''), which will
result in the Initiating Member forfeiting priority and trade
allocation privileges which he or she is otherwise entitled to as per
subsection

(n)(ii)(E)(a) of Rule 1080(n).\6\ If Surrender is specified the
Initiating Order will only trade if there is not enough interest
available to fully execute the PIXL Order at prices which are equal to
or improve upon the stop price. Phlx will allow surrender only for the
entire amount, not for a partial amount. Surrender will not be applied
if both the Initiating Order and PIXL Order are Public Customer Orders.
---------------------------------------------------------------------------

    \6\ Depending on the option selected, the Initiating Member may
elect in the single stop option selection to give up the allocation
priority, if Surrender is selected, or with the auto-match option
the Initiating Member will only be allocated the remainder in
accordance with the allocation percentages specified in Rule
1080(n)(ii)(E)(2)(b). The Surrender feature only applies to the
single stop price feature. By definition the purpose of the auto-
match feature is that the Initiating Member is going to match all
responses and seek a greater allocation. This language is at odds
with the Surrender feature where the Initiating Member is not
seeking allocation.
---------------------------------------------------------------------------

    The Surrender function will never result in more than the maximum
allowable allocation percentage to the Initiating Participant than that
which the Initiating Member would have otherwise received in accordance
with the allocation procedures set forth in this Rule. Surrender
information will not be available to other market participants and may
not be modified. The proposed provisions are similar to surrender
provisions on BX PRISM.\7\
---------------------------------------------------------------------------

    \7\ See Chapter VI, Section 9(ii)(A)(i).
---------------------------------------------------------------------------

    Similarly, the Exchange proposes to add a new paragraph at Rule
1080(n)(ii)(A)(2) which provides a similar provision for Complex
Orders.\8\ The proposed provision would provide that when starting a
PIXL Complex Order Auction, the Initiating Member may submit the
Initiating Order with a designation of Surrender to the other PIXL
participants which will result in the Initiating Member forfeiting the
priority and trade allocation privileges which he is otherwise entitled
to as per subsection (n)(ii)(E)(2)(d) of Rule 1080(n). If Surrender is
specified the Initiating Order will only trade if there is not enough
interest available to fully execute the PIXL Order at prices which are
equal to or improve upon the stop price. Throughout the rule where
allocation is specified a notation is added to account for any
surrender, if applicable such as in 1080(n)(ii)(E)(2)(a) and (d).
---------------------------------------------------------------------------

    \8\ Today, BOX Options Exchange LLC (``BOX'') utilizes a
Surrender feature in its Complex Order Price Improvement Period or
``COPIP.'' See also BOX Rule 7245.
---------------------------------------------------------------------------

NBBO Reference
    The Exchange proposes to reword Rule 1080(n)(ii)(F) to add
specificity to the current rule text. The Exchange proposes to state
that ``If there are PAN responses (except if it is a Complex Order)
that cross the better of the Reference BBO and NBBO (provided such NBBO
is not crossed) or Complex Order PAN responses that cross the then-
existing cPBBO at the time of the conclusion of the Auction, such PAN
responses will be executed, if possible, at their limit price(s).'' In
certain instances, a resting order or quote may be internally priced at
a non-displayed price and would differ from the PBBO. The Internal BBO
or ``Reference BBO'' would differ from the PBBO in a situation where
the System prevents trade-throughs and locked and crossed markets. In
these instances, interest will not be executed at a price that trades
through another market or is displayed at a price that would lock or
cross another market. If, at the time of entry, an order or quote would
cause a locked or crossed market violation or would cause a trade-
through violation, it will be re-priced to the current national best
offer (for bids) or the current national best bid (for offers) and
displayed at one minimum price variance above (for offers) or below
(for bids) the national best price. For this reason, the Exchange is
proposing more precise rule text at Rule 1080(n)(ii)(F) to account for
these situations where there is an automatic repricing in order to
prevent trade-throughs and locked and crossed markets. The Exchange
proposes to change the rule text to acknowledge that repricing would
result in the better of the NBBO (or PBBO) or the Reference BBO.
Typographical Error, Clarifying Change, Cross Reference and Relocated
Text
    The Exchange proposes to correct a word in Rule 1080(n)(i)(C) from
``of'' to ``or'' to correct an unintentional typographical error. The
Exchange also proposes to replace a reference to ``Rule 1080(n) at
Commentary .07'' to ``Rule 1098'' to properly reference rule text
related to Complex Orders at Rule 1080(n)(ii)(E)(2)(f). A reference to
``remaining'' shares as Rule 1080(n)(ii)(E)(2)(f) is also proposed to
be amended to ``residual'' simply to conform to the language utilized
in other parts of the rule. Finally, rule text related to PIXL ISO in
Commentary .08 to Rule 1080(n) is being relocated within the rule to
new 1080(n)(ii)(K) simply to add the text in an appropriate location
within the rule. A space is also being added within the rule text that
was inadvertently left out of a prior version.
Implementation
    The Exchange proposes to implement this functionality before Q1
2018. Members will be notified of the deployment date by way of an
Options Trader Alert.
    Below is an example of the manner in which the Surrender feature
would operate:
    EXAMPLE (Related to Rule 1080(n)(ii)(A)(i) (Initiating Participant
utilizing Surrender):

NBBO = .97-1.03
PHLX BBO = .95-1.03(60) with Market Maker A and Market Maker B offering
30 contracts each PIXL Order to buy 100 contracts stopped at 1.02
marked as `Surrender' is received,

    Auction begins,
    During auction, Market Maker C responds to sell 5 at 1.01, Market
Maker A responds to sell 5 contracts at 1.02, Market Maker B responds
to sell 40 contracts at 1.02, and Market Maker D responds to sell 20
contracts at 1.02.
    During auction, Market Maker A moves his quote and PHLX BBO becomes
.95-1.02 for 5 contracts and NBBO becomes .97-1.02.
    Auction ends, Market Maker C trades 5 at 1.01; Remaining Market
Maker interest trades 70 contracts in a Pro-Rata fashion: Market Maker
A executes 10 contracts with 5 being given to the Market Maker A
response at 1.02 and 5 to the Market Maker A quote at 1.02; Market
Maker B response executes 40 contracts at 1.02; Market Maker D response
executes 20 contracts at 1.02. The PIXL Contra executes the remaining
25 contracts at 1.02. This is because the initiator will end up trading
if not enough interest is there to satisfy the stop price.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\9\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\10\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by proposing a functionality which allows members more
optionality to transact orders in the PIXL auction. The Exchange
believes that the proposed feature will provide members with more
flexibility, similar to functionality currently offered on BX. In
addition the

Exchange proposes other amendments which add clarity to the rule text
so that members will gain a greater understanding of the rule. Each
proposal is discussed below.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

Surrender
    The Exchange believes that the Surrender feature is consistent with
the Act because it promotes just and equitable principles of trade by
allowing members who submit orders into the PIXL Auction to continue to
be executed pursuant to a pre-determined set of rules which would allow
members to forfeit priority and trade allocation privileges and only
trade if there is not enough interest available to fully execute the
PIXL Order at prices which are equal to or improve upon the stop price.
Members are not required to elect this feature, but is would be
available, as it is today on BX, if a member desired to utilize the
Surrender feature. The new Surrender feature would provide the
Initiator with flexibility, thereby increasing the likelihood that the
Initiator would be inclined to commence more auctions.
    The feature would only permit the member to surrender the entire
amount, not a partial amount. Also, Surrender will not be applied if
both the Initiating Order and PIXL Order (or PIXL Complex Order) are
Public Customer Orders. The Surrender feature will not permit a member
to have any control over an order. Further, the election to Surrender
an order would be available prior to the submission of the order and
therefore could not be utilized to gain influence or guide the
execution of the PIXL Order or PIXL Complex Order. Initiating Members
submitting PIXL Orders or PIXL Complex Orders will relinquish control
of their PIXL Orders or PIXL Complex Orders upon transmission to the
Exchange's System. Further, no Participant, including the Initiating
Participant, will see a PAN response submitted into PIXL and therefore
and will not be able to influence or guide the execution of their PIXL
Orders or PIXL Complex Orders. The information provided with respect to
the Surrender feature by the member will not be broadcast and further,
the information may not be modified by the member during the auction.
NBBO Reference
    The Exchange's proposal to amend Rule 1080(n)(ii)(F) to amend the
current rule text for the addition of language to include the
``Reference BBO'' to clarify where the price is equal to or better than
the NBBO or PBBO and the Reference BBO (internal market BBO), due to
repricing for trade-throughs or locked and crossed markets, adds
clarity and precision to the current rule text. The Exchange believes
that these proposed amendments are consistent with the Act and do not
otherwise create an impediment to a free and open market because today
investors are subject to this repricing. Also, by reflecting the proper
rule text to account for these order types the Exchange is providing
members with additional information with which to anticipate the manner
in which the Exchange's trading system reprices interest to prevent a
trade-through or locked and crossed market.
Typographical Error, Clarifying Change, Cross Reference and Relocated
Text
    The Exchange's proposals to: (a) Correct a word in Rule
1080(n)(i)(C) from ``of'' to ``or''; (b) replace a reference to Rule
1080(n) at Commentary .07 to Rule 1098 to properly reference rule text
related to Complex Orders at Rule 1080(n)(ii)(E)(2)(f); (c) change a
reference to ``remaining'' shares as Rule 1080(n)(ii)(E)(2)(f) to
``residual''; and (d) relocate PIXL ISO in Commentary .08 to Rule
1080(n) to 1080(n)(ii)(K) are consistent with the Act because these
amendments provide greater detail and clarity to the rule text.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The competition among the
options exchanges is vigorous and this proposal is intended to afford
the Exchange the opportunity to compete for order flow by offering an
auction mechanism with a surrender feature similar to that of other
exchanges.\11\
---------------------------------------------------------------------------

    \11\ Today, BX offers a surrender feature. See BX Rule at
Chapter VI, Section 9. The Chicago Board Options Exchange,
Incorporated (``CBOE'') has a process whereby initiating
participants may elect to receive last priority in an allocation.
See CBOE Rule 6.74A(b)(3)(J), entitled Automated Improvement
Mechanism (``AIM''). Finally, BOX utilizes a Surrender feature in
its PIP and COPIP, similar to the proposed Phlx Surrender for simple
and complex orders. The Exchange notes that BOX Initiators may
forfeit less than the entire amount pursuant to the BOX rule. See
BOX Rules 7150 and 7245. Phlx will allow surrender only for the
entire amount, not for a partial amount.
---------------------------------------------------------------------------

    With respect to intra-market competition, the auction will be
available to all Phlx members. The Exchange's proposal to submit the
Surrender amendment does not result in less competition, the PIXL
mechanism should continue to encourage Phlx members to compete amongst
each other by responding with their best price and size for a
particular auction. The Exchange believes that the Initiator may be
incentivized to initiate more PIXL auctions in light of the proposal.
The Exchange's proposal is a competitive response to similar provisions
in the price improvement auction rules of other options exchanges.\12\
The Exchange believes this proposed rule change is necessary to permit
fair competition among the options exchanges and to establish more
uniform price improvement auction rules on the various options
exchanges. The Exchange anticipates that this auction proposal will
allow Phlx to compete on equal footing with other options exchanges and
for this reason the proposal does not create an undue burden on inter-
market competition.
---------------------------------------------------------------------------

    \12\ Id.
---------------------------------------------------------------------------

    The Exchange's proposal to amend Rule 1080(n)(ii)(F) to amend the
current rule text for the addition of language to include the
``Reference BBO'' to clarify where the price is equal to or better than
the NBBO or PBBO and the Reference BBO (internal market BBO), due to
repricing for trade-throughs or locked and crossed markets, adds
clarity and precision to the current rule text. The proposed amendments
would apply uniformly to all Phlx members that elect to enter orders
into the PIXL auction. The Exchange believes that these proposed
amendments are consistent with the Act and do not otherwise create an
impediment to a free and open market because today investors are
subject to this repricing.
    The Exchange's proposals to: (a) Correct a word in Rule
1080(n)(i)(C) from ``of'' to ``or''; (b) replace a reference to Rule
1080(n) at Commentary .07 to Rule 1098 to properly reference rule text
related to Complex Orders at Rule 1080(n)(ii)(E)(2)(f); (c) change a
reference to ``remaining'' shares as Rule 1080(n)(ii)(E)(2)(f) to
``residual''; and (d) relocate PIXL ISO in Commentary .08 to Rule
1080(n) to 1080(n)(ii)(K) simply provide greater detail and clarity to
the rule text.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become

operative for 30 days from the date on which it was filed, or such
shorter time as the Commission may designate, it has become effective
pursuant to Section 19(b)(3)(A)(iii) of the Act \13\ and subparagraph
(f)(6) of Rule 19b-4 thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-Phlx-2017-85 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2017-85. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2017-85 and should be
submitted on or before November 29, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24253 Filed 11-7-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Page 73573]
[FR Doc No: 2014-29053]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of the Commission's staff may attend the following
meeting related to the transmission planning activities of the
Southwest Power Pool, Inc. (SPP).
SPP Planning Summit December 2014
    The above-referenced meeting will be held December 16, 2014 at:

SPP Corporate Offices, Auditorium B, 201 Worthen Drive, Little Rock, AR
72223.
    The above-referenced meeting is open to the public.
    The discussions at the meeting described above may address matters
at issue in the following proceedings:

Docket No. ER13-366, Southwest Power Pool, Inc.
Docket No. ER13-367, Southwest Power Pool, Inc.
Docket No. ER13-1937, Southwest Power Pool, Inc.
Docket No. ER13-1939, Southwest Power Pool, Inc.
Docket No. ER14-2850, Southwest Power Pool, Inc.
Docket No. ER14-2851, Southwest Power Pool, Inc.
Docket No. ER15-492, Southwest Power Pool, Inc.
Docket No. ER15-509, Southwest Power Pool, Inc.

    For more information, contact Jay Sher, Office of Energy Market
Regulation, Federal Energy Regulatory Commission at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    Dated: December 4, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-29053 Filed 12-10-14; 8:45 am]
BILLING CODE 6717-01-P