Federal Register / Vol. 87, No. 32 / Wednesday, February 16, 2022 / Proposed Rules 8755 

All communications received before 

the specified closing date for comments 

will be considered before taking action 

on the proposed rule. The proposal 

contained in this notice may be changed 

in light of the comments received. A 

report summarizing each substantive 

public contact with FAA personnel 

concerned with this rulemaking will be 

filed in the docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

internet at https://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at https://

www.faa.gov/air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except federal holidays. An informal 

docket may also be examined during 

normal business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 2200 S 

216th Street, Des Moines, WA 98198. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document proposes to amend 

FAA Order JO 7400.11F, Airspace 

Designations and Reporting Points, 

dated August 10, 2021, and effective 

September 15, 2021. FAA Order JO 

7400.11F is publicly available as listed 

in the ADDRESSES section of this 

document. FAA Order JO 7400.11F lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 by establishing Class 

E airspace extending upward from 700 

feet above the surface of the Earth at 

Limon Municipal Airport, Limon, CO. 

This airspace is designed to contain the 

new Area Navigation (RNAV) 

approaches into the airport and the 

instrument departures from the airport. 

The airspace supports the airport’s 

transition from visual flight rules to IFR 

operations. 

Class E5 airspace designations are 

published in paragraph 6005 of FAA 

Order JO 7400.11F, dated August 10, 

2021, and effective September 15, 2021, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designation listed in this document will 

be published subsequently in FAA 

Order JO 7400.11. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial, and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ANM CO E5 Limon, CO [New] 

Limon Municipal Airport, CO 

(Lat. 39°16′29′′ N, long. 103°39′57′′ W) 

That airspace extending upward from 700 

feet above the surface within a 5.9-mile 

radius of the airport, and within a 6.6-mile 

radius of the airport from the 339° bearing 

from the airport clockwise to the 026° bearing 

from the airport. 

Issued in Des Moines, Washington, on 

February 8, 2022. 

B.G. Chew, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2022–03204 Filed 2–15–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Parts 1910 and 1926 

[Docket No. OSHA–2020–0008] 

RIN 1218–AD26 

Powered Industrial Trucks Design 

Standard Update 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: OSHA proposes updating the 

design and construction requirements of 

the powered industrial trucks standards 

for general industry and construction by 

incorporating by reference the 

applicable provisions of the most 

relevant national consensus standards 

from the American National Standards 

Institute/Industrial Truck Standards 

Development Foundation (ANSI/ 

ITSDF). OSHA also proposes allowing 

employers to use powered industrial 

trucks not constructed in accordance 

with those national consensus standards 

incorporated by reference in the OSHA 

standards if the employer can 

demonstrate that the truck they use was 

designed and constructed in a manner 

that provides employee protection that 

is at least as effective as the national 

consensus standards incorporated by 

reference in OSHA’s standards. 

DATES: Submit written comments on 

this proposed rule, hearing requests, 

and other information (including 

comments on the information-collection 

(paperwork) determination described 


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8756 Federal Register / Vol. 87, No. 32 / Wednesday, February 16, 2022 / Proposed Rules 

1Section 6(a) directed OSHA, during the first two 

years after the OSH Act became effective, to 

promulgate as an occupational safety and health 

standard any national consensus standard or any 

established Federal standard if such promulgation 

would improve employee safety or health. 

2A ‘‘high-lift truck’’ is defined in ANSI B56.1– 

1969, Appendix A, as ‘‘A self-loading truck 

equipped with an elevating mechanism designed to 

permit tiering. Popular types are high-lift fork truck, 

high-lift ram truck, high-lift boom truck, high-lift 

clamp truck, and high-lift platform truck.’’ 

under section III.C. of the preamble) by 

May 17, 2022. All submissions must 

bear a postmark or provide other 

evidence of the submission date. 

ADDRESSES: Comments may be 

submitted as follows: 

Electronically: You may submit 

comments, including attachments, 

electronically at https://

www.regulations.gov, the Federal 

eRulemaking Portal. Follow the online 

instructions for submitting comments. 

Docket: To read or download 

comments or other material in the 

docket go to https://

www.regulations.gov. Documents in the 

docket are listed in the https://

www.regulations.gov index; however, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through this website. 

All submissions, including copyrighted 

material, are available for inspection 

through the OSHA Docket Office. 

Contact the OSHA Docket Office at (202) 

693–2350 (TTY (877) 889–5627) for 

assistance in locating docket 

submissions. 

Instructions: All submissions must 

include the agency’s name and the 

docket number for this rulemaking 

(Docket No. OSHA–2020–0008). All 

comments, including any personal 

information you provide, are placed in 

the public docket without change and 

may be made available online at 

www.regulations.gov. Therefore, OSHA 

cautions commenters about submitting 

information they do not want made 

available to the public, or submitting 

materials that contain personal 

information (either about themselves or 

others), such as Social Security 

Numbers and birthdates. 

FOR FURTHER INFORMATION CONTACT: 

General information and press 

inquiries: Contact Frank Meilinger, 

OSHA Office of Communications, 

telephone: (202) 693–1999, email: 

meilinger.francis2@dol.gov. 

Technical inquiries: Contact Kenneth 

Stevanus, Directorate of Standards and 

Guidance, telephone: (202) 693–2260; 

fax: (202) 693–1663; email: 

stevanus.ken@dol.gov. 

Copies of this Federal Register 

document. Electronic copies of these 

documents are available at OSHA’s web 

page at https://www.osha.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

A. OSHA’s Powered Industrial Truck 

Standards 

1. General Industry 

2. Construction 

B. Consensus Standards for Powered 

Industrial Trucks 

II. Summary and Explanation of the Proposed 

Revisions to the Powered Industrial 

Trucks Standards 

A. Scope of the Proposed Rule 

B. Proposed Changes 

1. Updating References to ANSI B56 

Consensus Standards 

2. Alternative Method of Compliance for 

Existing Equipment 

3. Alternative Method of Compliance for 

Equipment Manufactured on or After the 

Effective Date of the Final Rule 

4. Updates to Other Design and 

Construction Provisions 

C. Incorporation by Reference and 

Reasonable Availability of the ANSI 

Standard to the Public 

III. 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 

I. Background 

This proposed rulemaking is part of a 

series of regulatory projects by OSHA to 

update standards to reflect the current 

versions of consensus and national 

industry standards (see, e.g., 74 FR 

46350, September 9, 2009). These 

projects include updating or revoking 

outdated national consensus and 

industry standards incorporated by 

reference, and updating regulatory text 

of current OSHA standards that directly 

adopted the language of national 

consensus and industry standards that 

have now become outdated. 

A. OSHA’s Powered Industrial Truck 

Standards 

1. General Industry 

OSHA’s general industry powered 

industrial trucks standard at 29 CFR 

1910.178 contains safety requirements 

relating to fork trucks, tractors, platform 

lift trucks, motorized hand trucks, and 

other specialized industrial trucks 

powered by electric motors or internal 

combustion engines. The standard 

requires that all new powered industrial 

trucks acquired and used by an 

employer meet the design and 

construction requirements established 

in the American National Standard for 

Powered Industrial Trucks, Part II, ANSI 

B56.1–1969. 29 CFR 1910.178(a)(2). In 

addition, OSHA’s standard requires that 

all approved trucks bear a label or some 

other identifying mark indicating 

approval by a nationally recognized 

testing laboratory, as also required by 

paragraph 405 of that same ANSI 

standard. 29 CFR 1910.178(a)(3). 

OSHA initially adopted the powered 

industrial trucks standard for general 

industry on May 29, 1971 (36 FR 

10613), pursuant to section 6(a) of the 

Occupational Safety and Health Act of 

1970 (OSH Act) (29 U.S.C. 651, 655),1

primarily based on the 1969 edition of 

ANSI’s Safety Standard for Powered 

Industrial Trucks, B56.1. 

2. Construction 

In 1971, under section 6(a) of the OSH 

Act, OSHA adopted existing Federal 

standards issued under section 107 of 

the Contract Work Hours and Safety 

Standards Act as OSHA construction 

standards (36 FR 7340, April 17, 1971; 

36 FR 25232, December 30, 1971), 

including provisions covering powered 

industrial trucks used in construction. 

OSHA’s powered industrial trucks 

standard can be found at 29 CFR 

1926.602(c), Lifting and hauling 

equipment. In the portion relevant to 

this rulemaking, § 1926.602(c)(1)(v) 

requires that all high-lift rider industrial 

trucks 2 be equipped with overhead 

guards that meet the configuration and 

structural requirements as defined in 

paragraph 421 in Part II of ANSI B56.1– 

1969. Section 1926.602(c)(1)(vi) states 

that all industrial trucks in use must 

meet the applicable requirements of 

design, construction, stability, 

inspection, testing, maintenance, and 

operation contained in ANSI B56.1– 

1969, Safety Standards for Powered 

Industrial Trucks. 

B. Consensus Standards for Powered 

Industrial Trucks 

Since OSHA adopted the 1969 version 

of the ANSI B56.1, ANSI has revised its 

B56.1 consensus standard twelve times 

(in 1975, 1983, 1988, 1993, 2000, 2004, 

2005, 2009, 2012, 2016, 2018, and 

2020). Starting in 1978, ANSI 

reorganized its B56 consensus standard 

by narrowing the scope of B56.1 to a 

subset of previously covered equipment 

and adding new volumes to cover other 

truck types that had previously been 

covered under B56.1. Specifically, ANSI 

B56.1, which originally covered 

powered industrial trucks generally, 

now only covers Low Lift and High Lift 


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3Since 2005, the Industrial Truck Standards 

Development Foundation (ITSDF), an ANSIaccredited standards-developing organization, has 

developed and published the national consensus 

standards for industrial trucks. For simplicity, the 

agency may refer to ANSI/ITSDF standards as ANSI 

standards throughout this document. 

4Equipment covered by ANSI B56.7, Safety 

Standard for Industrial Crane Trucks, was originally 

covered by ANSI B56.1–1969. However, ANSI 

B56.7 was discontinued in 1992 and therefore 

OSHA is not including ANSI B56.7 in this proposed 

rulemaking. 

Trucks. ANSI B56.5 covers Driverless, 

Automatic Guided Industrial Vehicles 

and Automated Functions of Manned 

Industrial Vehicles; and ANSI B56.6 

covers Rough Terrain Forklift Trucks. 

ANSI has periodically published 

revisions to each of these B56 volumes, 

but at intervals different from the B56.1 

revisions. As of the date of this notice, 

the most current editions are ANSI 

B56.1–2020 (effective March 27, 2022), 

ANSI/B56.5–2019, and ANSI B56.6– 

2021 (effective March 27, 2022).3

Together, these three B56 volumes 

cover all powered industrial trucks that 

are currently in the scope of OSHA’s 

standards (§§ 1910.178(a)(1) and 

926.602(c)(1)(vi)) and encompass all of 

the equipment originally covered by the 

consensus standard cited in OSHA’s 

existing standards (ANSI B56.1–1969). 

OSHA is not aware of any other 

consensus standards covering powered 

industrial trucks in its scope, but 

requests comments on whether any 

other such standards exist and should 

be referenced by OSHA. 

The following is a summary of each 

of the ANSI/ITSDF B56 consensus 

standards discussed in this NPRM. 

ANSI/ITSDF B56.1–2020, Safety 

Standard for Low Lift and High Lift 

Trucks, defines the safety requirements 

relating to the elements of design, 

operation, and maintenance of low lift 

and high lift powered industrial trucks 

controlled by a riding or walking 

operator, and intended for use on 

compacted, improved surfaces. 

ANSI/ITSDF B56.5–2019, Safety 

Standard for Driverless, Automatic 

Guided Industrial Vehicles and 

Automated Functions of Manned 

Industrial Vehicles, defines the safety 

requirements relating to the elements of 

design, operation, and maintenance of 

powered, not mechanically restrained, 

unmanned automatic guided industrial 

vehicles and the system of which the 

vehicles are a part. It also applies to 

vehicles originally designed to operate 

exclusively in a manned mode but 

which are subsequently modified to 

operate in an unmanned, automatic 

mode, or in a semiautomatic, manual, or 

maintenance mode. 

ANSI/ITSDF B56.6–2021, Safety 

Standard for Rough Terrain Forklift 

Trucks, defines the safety requirements 

relating to the elements of design, 

operation, and maintenance of rough 

terrain forklift trucks. These trucks are 

intended for operation on unimproved 

natural terrain as well as the disturbed 

terrain of construction sites. 

II. Summary and Explanation of the 

Proposed Revisions to the Powered 

Industrial Trucks Standards 

This proposed rulemaking would 

update the references to national 

consensus standards in OSHA’s 

powered industrial truck design and 

construction requirements applicable to 

general industry work (29 CFR 

1910.178(a)(2) & (3)) and construction 

work (29 CFR 1926.602(c)(1)(v) & (vi)). 

It would also update the general 

incorporation by reference section for 

each of these standards (i.e., 29 CFR 

1910.6 and 1926.6) to include the same 

ANSI consensus standards and to note 

where they can be obtained. OSHA is 

also proposing an alternative method of 

compliance for employers that use 

trucks that are not manufactured in 

accordance with any of the consensus 

standards incorporated by reference in 

the proposed standard. 

A. Scope of the Proposed Rule 

The scope of this proposed 

rulemaking includes the equipment 

covered by the three ANSI volumes 

currently in use (B56.1–2020, Low Lift 

and High Lift Trucks; B56.5–2019, 

Guided Industrial Vehicles; B56.6–2021, 

Rough Terrain Forklift Trucks).4 This 

scope is consistent with OSHA’s 

previous determination made in its 1998 

rulemaking that because the initial 

OSHA standard issued in 1971 had 

adopted the ANSI B56.1–1969 

provisions under section 6(a) of the Act, 

the scope of § 1910.178 must be the 

same as the scope of the original source 

standard, ANSI B56.1–1969. See 63 FR 

66255, December 1, 1998 (training 

standard rulemaking). 

This proposed rule only updates the 

references to the design and 

construction requirements in the OSHA 

standards for general industry and 

construction. Consequently, provisions 

in OSHA’s industrial trucks standards 

that do not relate to design or 

construction will continue to reference 

only the 1969 edition of ANSI B56.1. 

For example, § 1926.602(c)(1)(vi) 

includes operator requirements on 

stability, inspection, testing, 

maintenance, and operation, which 

would not be amended in this proposal 

to reference more current ANSI 

standards. 

Currently, § 1926.602(c)(1)(v) requires 

that all high lift rider industrial trucks 

used in construction be equipped with 

overhead guards that meet the 

configuration and structural 

requirements in paragraph 421 of ANSI 

B56.1–1969. The configuration and 

structural requirements for overhead 

guards in paragraph 421 are part of the 

design and construction provisions of 

ANSI B56.1–1969. Therefore, the 

proposed rule would also update 

§ 1926.602(c)(1)(v) by adding a crossreference to the revised requirements in 

§ 1926.602(c)(1)(vi). 

Furthermore, the proposed rule would 

update § 1910.178(a)(3), which requires 

that approved trucks bear a label or 

other identification mark indicating 

approval by a testing laboratory in 

accordance with paragraph 405 of ANSI 

B56.1–1969. The proposed rule would 

add reference to the latest ANSI 

provisions in table 1 to § 1910.178(a)(2), 

but would maintain the current 

reference to paragraph 405 of ANSI 

B56.1–1969. OSHA believes that labels 

and other identification marks on 

powered industrial trucks have not 

significantly changed since the adoption 

of the 1969 edition of ANSI B56.1 and 

that the nameplates and markings 

requirements in the latest ANSI versions 

in table 1 are well established. OSHA 

invites comments on this aspect of the 

proposed rule. 

B. Proposed Changes 

This proposed rule would update the 

references in 29 CFR 1910.178(a) and 29 

CFR 1926.602(c) to recognize the design 

and construction requirements in the 

latest editions of the ANSI B56 

consensus standards for powered 

industrial trucks (i.e., ANSI B56.1–2020, 

Safety Standards for Low Lift and High 

Lift Trucks; ANSI B56.5–2019, Safety 

Standards for Driverless, Automatic 

Guided Industrial Vehicles and 

Automated Functions of Manned 

Industrial Vehicles; ANSI B56.6–2021, 

Safety Standards for Rough Terrain 

Forklift Trucks). For both general 

industry and construction, OSHA would 

incorporate by reference these latest 

ANSI B56 consensus standards. The 

proposed rule would also maintain the 

existing reference in 29 CFR 1910.178(a) 

and 29 CFR 1926.602(c) to ANSI B56.1– 

1969, but only for trucks manufactured 

prior to the effective date of the final 

rule. OSHA is proposing that the final 

rule will go into effect 30 days after its 

publication. As part of this rulemaking, 

OSHA would also add an alternative 

method of compliance for employers 

that use trucks that are not 

manufactured in accordance with any of 


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5For purposes of this rulemaking, applicable B56 

consensus standards published after 1969 and 

before the consensus standards in table 1 also 

include those published by the American Society of 

Mechanical Engineers (ASME) or the ITSDF. 

the consensus standards incorporated 

by reference in the proposed standard. 

1. Updating References to ANSI B56 

Consensus Standards 

The design and construction 

compliance requirements in this 

proposed rule are not identical for 

trucks manufactured prior to the 

effective date of the final rule, and for 

trucks manufactured on or after that 

date. For both categories of equipment— 

trucks manufactured before, on, or after 

the effective date of the final rule, the 

proposed rule would incorporate by 

reference the most recent versions of the 

ANSI B56 standards applicable to 

powered industrial trucks, ANSI B56.1– 

2020, ANSI B56.5–2019, and ANSI 

B56.6–2021, as shown in table 1 to 

§§ 1910.178(a)(2) and 1926.602(c)(1)(vi). 

The proposed rule, however, would 

maintain the current reference to ANSI 

B56.1–1969 only for equipment 

manufactured before the effective date 

of the final rule. Powered industrial 

trucks manufactured prior to the 

effective date of the final rule would be 

required to meet the design and 

construction requirements established 

in either (1) the 1969 edition of the 

ANSI B56.1 consensus standard (i.e., 

ANSI B56.1–1969), or (2) the more 

recent and applicable ANSI B56 

standard in table 1 (i.e., ANSI B56.1– 

2020, ANSI B56.5–2019, or ANSI B56.6– 

2021). 

For all powered industrial trucks 

manufactured on or after the effective 

date of the final rule, the proposed rule 

would require that such equipment 

meet the design and construction 

requirements established in the 

applicable ANSI B56 consensus 

standard in table 1. Because different 

powered industrial trucks are now 

covered by different ANSI consensus 

standards, employers would need to 

ensure that the equipment they use 

complies with the applicable ANSI 

consensus standard in table 1. For 

example, for trucks manufactured on or 

after the effective date of the final rule, 

a high-lift truck must comply with ANSI 

B56.1–2020; a driverless industrial truck 

must comply with ANSI B56.5–2019; 

and a rough terrain forklift must comply 

with ANSI B56.6–2021. 

2. Alternative Method of Compliance for 

Existing Equipment 

For both general industry and 

construction, OSHA’s current design 

and construction requirements for 

powered industrial trucks mandate 

compliance with the ANSI B56.1–1969 

standard, but OSHA is aware that over 

the past decades, manufacturers of this 

equipment have typically designed and 

constructed this equipment to comply 

with more recent editions of the ANSI 

B56 standards. For example, a high-lift 

industrial truck manufactured in 1990 

would typically be designed and 

constructed in compliance with ANSI 

B56.1–1988 rather than B56.1–1969. 

Consequently, in this proposed rule, 

OSHA is adding an alternative method 

of compliance for employers that use 

trucks manufactured before the effective 

date of the final rule that do not meet 

the design and construction 

requirements established in ANSI 

B56.1–1969 or in the applicable ANSI 

standard in table 1. Specifically, for 

both general industry and construction, 

the proposed rule would add a 

provision that allows employers to use 

powered industrial trucks manufactured 

before the effective date of the final rule 

as long as the employer can demonstrate 

that the design and construction of the 

truck is at least as protective as those 

designed and constructed in accordance 

with ANSI B56.1–1969 or the applicable 

ANSI standard in table 1. That is, 

employers would be able to acquire and 

use powered industrial trucks 

manufactured before the effective date 

of the final rule, whether they are 

designed and constructed in accordance 

with an ANSI consensus standard or a 

non-ANSI standard, so long as the 

employer can demonstrate that their 

design and construction provide 

employee protection that is at least 

equal to the protection provided by 

trucks that are designed and constructed 

in accordance with ANSI B56.1–1969 or 

the applicable ANSI B56 standard in 

table 1. 

OSHA has used a similar approach in 

some other OSHA standards. For 

example, in several protective 

equipment standards (29 CFR 1910.133, 

1910.135, and 1910.136; 29 CFR 

1915.153, 1915.155, and 1915.156; 29 

CFR 1917.91, 1917.93, and 1917.94; 29 

CFR 1918.101, 1918.103, and 1918.104; 

and 29 CFR 1926.100 and 1926.102), the 

employer must ensure that the 

protective devices meet the construction 

requirements of one or more 

incorporated by reference ANSI 

standards or, alternatively, must show 

that the devices are at least as protective 

as protective devices constructed in 

accordance with the incorporated by 

reference ANSI standards. 

OSHA has preliminarily determined 

that powered industrial trucks meeting 

the design and construction 

requirements of the applicable ANSI 

B56.1, B56.5, or B56.6 consensus 

standards not incorporated by reference 

in this proposed rule that were 

published after 1969 and before the 

applicable consensus standard in table 

1, provide employee protection that is at 

least as protective as those designed and 

constructed in accordance with ANSI 

B56.1–1969. For ANSI B56.1, these 

include the design and construction 

requirements published in 1975, 1983, 

1985, 1986, 1987, 1988, 1989, 1990, 

1991, 1992, 1993, 1995, 2000, 2001, 

2003, 2004, 2005, 2009, 2012, 2016, and 

2018 (OSHA–2020–0008–0002). For 

ANSI B56.5, these include the design 

and construction requirements 

published in 1978, 1988, 1989, 1990, 

1991, 1992, 1993, 1994, 2004, and 2012 

(OSHA–2020–0008–0003). For ANSI 

B56.6, these include the design and 

construction requirements published in 

1978, 1987, 1988, 1990, 1991, 1992, 

1994, 1998, 2002, 2005, 2005(R11), 

2011, and 2016 (OSHA–2020–0008– 

0004).5 Hence, for an employer using a 

truck manufactured after 1969 but 

before the applicable ANSI standard in 

table 1 and designed and constructed 

according to one of these applicable 

non-incorporated ANSI B56.1, B56.5, 

and B56.6 consensus standards, the 

employer would be deemed to be in 

compliance with the design and 

construction requirements of the 

proposed rule. 

OSHA has made a similar preliminary 

determination for the now discontinued 

ANSI B56.7, Safety Standard for 

Industrial Crane Trucks. That is, OSHA 

has determined that powered industrial 

trucks meeting the design and 

construction requirements in any 

version of ANSI B56.7 published 

between 1969 and 1992 (the date that 

ANSI provision was discontinued) 

provide employee protection that is at 

least as protective as those designed and 

constructed in accordance with ANSI 

B56.1–1969. This includes design and 

construction requirements in ANSI 

B56.7 published in 1982, 1987, 1988 

addendum, and 1988 (reaffirmed in 

1992). Thus, for example, an employer 

using an industrial crane truck designed 

and constructed in accordance with the 

1988 (reaffirmed in 1992) standard 

would be deemed to be in compliance 

with the design and construction 

requirements of this proposed rule. 

The agency believes that allowing 

equipment that complies with the 

design and construction requirements in 

these applicable ANSI B56 standards 

that are not incorporated by reference in 

this proposed rule would not reduce 

employee protection but, rather, would 

enhance employee safety and provide 

greater flexibility to employers. Thus, 


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under the proposal, an employer with 

equipment designed and constructed in 

compliance with one of these standards 

would be able to show that they are at 

least as protective as equipment 

designed and constructed to ANSI 

B56.1–1969. OSHA invites public 

comments on powered industrial trucks 

built to the design and construction 

specifications in the ANSI B56 

standards published after 1969 and 

before the applicable ANSI B56 

standard in table 1, and OSHA’s view 

that their design and construction 

requirements are at least as protective as 

the design and construction 

requirements in ANSI B56.1–1969. 

OSHA is not aware of any other nonANSI consensus standards for powered 

industrial trucks published from 1969 to 

2020, nor any powered industrial trucks 

designed and constructed in accordance 

with non-consensus standards, but 

requests comment on whether any other 

such standards or non-standard trucks 

exist, whether design and construction 

requirements in such standards or nonstandard trucks provide equal or greater 

employee protection, and whether any 

such non-ANSI standards or nonstandard trucks should be incorporated 

by reference in the revised OSHA 

standards for powered industrial trucks. 

3. Alternative Method of Compliance for 

Equipment Manufactured on or After 

the Effective Date of the Final Rule 

The proposed rule also contains an 

alternative method of compliance for 

employers that use powered industrial 

trucks manufactured on or after the 

effective date of the final rule. As 

discussed above, OSHA’s proposed rule 

would require these trucks to comply 

with the design and construction 

requirements in the applicable ANSI 

B56 standard in table 1 to 

§§ 1910.178(a)(2) and 1926.602(c)(1)(vi): 

ANSI B56.1–2020, ANSI B56.5–2019, or 

ANSI B56.6–2021. The proposed rule 

would add another provision that would 

allow employers to use powered 

industrial trucks manufactured on or 

after the effective date of the final rule 

if they can demonstrate that the design 

and construction of the trucks are at 

least as protective as powered industrial 

trucks that are designed and constructed 

in accordance with the applicable ANSI 

B56 standard in table 1. That is, an 

employer may use a powered industrial 

truck manufactured on or after the 

effective date of the final rule, so long 

as the employer can demonstrate that 

the design and construction of the 

truck—whether designed and 

constructed in accordance with a nonincorporated ANSI standard or a nonANSI standard—are at least as 

protective as a truck designed and 

constructed in accordance with the 

applicable ANSI B56 standard: ANSI 

B56.1–2020, ANSI B56.5–2019, or ANSI 

B56.6–2021. 

ANSI continues to update its B56 

standards regularly and it is difficult for 

OSHA to provide timely corresponding 

updates in its standards through notice 

and comment rulemaking. 

Consequently, there is likely to be a 

period of years during which OSHA’s 

standards require compliance with an 

outdated ANSI standard while 

industrial truck manufacturers are 

designing and constructing equipment 

in accordance with the newest ANSI 

standard or, possibly, other new nonANSI consensus standards. To address 

this likely lag in OSHA regulatory 

updates, this proposal incorporates by 

references the most current editions of 

the applicable ANSI B56 standards as 

shown in table 1, but also would allow 

employers additional flexibility to use 

trucks that are manufactured in 

accordance with future editions of 

applicable consensus standards, 

including ANSI B56 standards, if the 

employers can demonstrate that the 

design and construction of the truck 

provides employee protection equal to 

or greater than the design and 

construction requirements of the 

applicable ANSI standard in table 1. 

OSHA is not aware of any other current 

non-ANSI consensus standards that 

would provide equivalent protection to 

employees, but requests comment on 

whether any other such standards exist 

and should be referenced by OSHA in 

its standards. 

OSHA anticipates that consensusstandard issuing bodies will aid in this 

new flexible approach and want 

employers to use powered industrial 

trucks designed and constructed 

according to the latest editions of their 

standards. Standard developing bodies 

typically have a summary of changes 

section in each new edition and also 

indicate in the margins where changes 

from the previous edition were made. 

The summary of changes also lists those 

changes they consider significant. These 

changes are intended to alleviate 

confusion, provide up-to-date protection 

for workers using powered industrial 

trucks, and give employers greater 

clarity and flexibility in complying with 

OSHA’s standards as ANSI continues to 

update its standards. 

OSHA notes that this proposed 

compliance alternative is somewhat 

similar to OSHA’s longstanding policies 

regarding de minimis conditions. As set 

out in OSHA’s Field Operations 

Manual, a de minimis condition 

includes a situation in which an 

employer complies with a proposed 

OSHA standard or a consensus standard 

rather than with the standard in effect 

at the time of the inspection, and the 

employer’s action clearly provides equal 

or greater employee protection. See CPL 

02–00–164, p. 4–28 (2020). OSHA 

documents such conditions as 

violations, but does not typically cite 

employers for these conditions. While a 

de minimis condition is still a violation 

of the standard, even if not cited, under 

the proposed rule an employer would be 

in compliance with the OSHA standard 

by demonstrating that the alternative 

national consensus standard is equally 

or more protective. 

To assist the employer in 

demonstrating that trucks designed and 

constructed in accordance with future 

national consensus standards provide 

equal or greater protection, OSHA may 

consider periodically issuing guidance 

confirming a future national consensus 

standard’s protectiveness in relation to 

the relevant ANSI standard listed in 

table 1. The agency may do this by 

either responding to the consensusstandard issuing bodies (e.g., ANSI) 

request for interpretation or some other 

means. 

OSHA invites public comment on any 

aspect of this proposed rule. The agency 

is particularly interested in receiving 

comments on this new proposed 

approach of allowing trucks 

manufactured on or after the effective 

date of the final rule to satisfy the 

design and construction requirements of 

OSHA’s powered industrial trucks 

standards if they are manufactured 

according to a future ANSI B56 standard 

or future non-ANSI consensus standard, 

provided that the employer can 

demonstrate that the design and 

construction of such trucks are at least 

as protective as the applicable ANSI 

standard in table 1 to §§ 1910.178(a)(2) 

and 1926.602(c)(1)(vi). Alternatively, 

should OSHA only require compliance 

with the design and construction 

requirements of the incorporated by 

reference of the applicable ANSI 

standard in table 1 and only allow for 

compliance with future consensus 

standards by incorporating by reference 

those new consensus standards through 

notice and comment rulemaking on an 

ongoing basis as they become available? 

OSHA also requests comment on what, 

if any, additional conditions should be 

required for an employer to make an 

equivalency showing for purposes of 

meeting the proposed alternative 

method of compliance. What should an 

employer be required to do to 

demonstrate that a truck is at least as 

protective as the design and 

construction requirements of the 


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applicable ANSI standard in table 1? For 

example, would it be sufficient for an 

employer to rely on the truck 

manufacturer’s certification that the 

truck is at least as protective as the 

applicable ANSI standard? What, if any, 

action should OSHA take to confirm a 

consensus standard’s protectiveness in 

relation to the design and construction 

requirements of the relevant ANSI 

standard in table 1? Relatedly, the 

agency welcomes comments on whether 

employers that rely on a future 

consensus standard should be required 

to demonstrate that the design and 

construction requirements of that 

consensus standard are at least as 

protective as the design and 

construction requirements in the 

applicable ANSI standard in table 1, or 

whether OSHA should bear the burden 

of establishing, as part of its prima facie 

case against an employer, that a 

powered industrial truck designed and 

constructed in accordance with a future 

national consensus standard provides 

less protection than a truck designed 

and constructed in accordance with the 

applicable ANSI standard in table 1. 

4. Updates to Other Design and 

Construction Provisions 

Furthermore, in the powered 

industrial trucks standard for 

construction, § 1926.602(c)(1)(v) 

includes configuration and structural 

requirements for overhead guards on 

high lift rider trucks that are already 

required by the ANSI B56–1969 

standard referenced in 

§ 1926.602(c)(1)(vi). Therefore, the 

proposed rule would revise 

§ 1926.602(c)(1)(v) by replacing the 

reference to paragraph 421 of ANSI 

B56.1–1969 with a cross-reference to the 

design requirements in 

§ 1926.602(c)(1)(vi). This proposed 

change is not intended to eliminate the 

existing requirement in the construction 

standard that high lift rider trucks be 

equipped with overhead guards; 

instead, this proposed change aims to 

align the specific design requirements 

for overhead guards with the general 

design and construction requirements in 

the proposed rule. OSHA invites 

comment on whether the agency should 

move forward with this approach or 

whether it should delete 

§ 1926.602(c)(1)(v) given that the design 

requirements for overhead guards on 

high lift rider trucks are already covered 

by § 1926.602(c)(1)(vi). 

C. Incorporation by Reference and 

Reasonable Availability of the ANSI 

Standard to the Public 

OSHA also proposes to update the 

general incorporation by reference 

section for each of these standards (i.e., 

29 CFR 1910.6 and 29 CFR 1926.6) to 

reflect the incorporation of the relevant 

national consensus standards, 

summarized in section I.B of this 

preamble. OSHA believes that the 

ANSI/ITSDF standards, as well as any 

applicable ASME standards published 

after 1969 and before the applicable 

ANSI consensus standard in table 1 to 

§§ 1910.178(a)(2) and 1926.602(c)(1)(vi), 

are reasonably available to interested 

parties and can be purchased from one 

of the following sites in pdf form: ANSI 

(https://webstore.ansi.org), IHS 

Standards (https://global.ihs.com), or 

TechStreet (https://

www.techstreet.com). If OSHA 

ultimately finalizes this rule, the agency 

will make all documents available for 

review by the public in accordance with 

OSHA’s policies regarding availability 

of documents incorporated by reference. 

These documents are typically available 

in national and regional OSHA offices. 

III. Procedural Determinations 

A. Legal Considerations 

The purpose of the OSH Act is to 

achieve to the extent possible safe and 

healthful working conditions for all 

employees. 29 U.S.C. 651(b). To achieve 

this goal, Congress authorized the 

Secretary of Labor to promulgate and 

enforce occupational safety and health 

standards. 29 U.S.C. 654(b), 655(a) and 

(b). A safety or health standard is a 

standard which requires conditions, or 

the adoption or use of one or more 

practices, means, methods, operations, 

or processes ‘‘reasonably necessary or 

appropriate’’ to provide safe or healthful 

employment and places of employment. 

29 U.S.C. 652(8). A standard is 

reasonably necessary or appropriate 

within the meaning of section 652(8) of 

the OSH Act when a significant risk of 

material harm exists in the workplace 

and the standard would substantially 

reduce or eliminate that workplace risk. 

See Indus. Union Dep’t, AFL–CIO v. Am. 

Petroleum Inst., 448 U.S. 607 (1980). 

Under Section 6(a) of the OSH Act, 

OSHA was given the authority for a 

period of two years from the effective 

date of the Act to adopt national 

consensus standards and established 

Federal standards as OSHA standards 

without following notice and comment 

rulemaking procedures. 29 U.S.C. 

655(a). Congress provided this authority 

so that OSHA would have a mechanism 

to begin immediately protecting the 

Nation’s workers through mandatory 

standards. OSHA’s powered industrial 

truck standards were among the many 

standards adopted under Section 6(a). 

Thus Congress determined that these 

adopted standards, including the 

powered industrial power standards, 

were reasonably necessary or 

appropriate within the meaning of 

Section 652(8). Moreover, worker 

protections under this proposed rule, if 

finalized, would be equal or greater than 

under the existing standards because 

powered industrial truck design and 

construction would have to be at least 

as protective as the current regulatory 

requirements. Accordingly, this 

proposal does not require an additional 

significant risk finding (see Edison Elec. 

Inst. v. OSHA, 849 F.2d 611, 620 (D.C. 

Cir. 1988)). 

A safety standard must be 

technologically feasible. See UAW v. 

OSHA, 37 F.3d 665, 668 (D.C. Cir. 

1994). A standard is technologically 

feasible when the protective measures it 

requires already exist, when available 

technology can bring the protective 

measures into existence, or when that 

technology is reasonably likely to 

develop. See Am. Iron and Steel Inst. v. 

OSHA, 939 F.2d 975, 980 (D.C. Cir. 

1991). OSHA has preliminarily 

determined that the revisions in this 

proposal are technologically feasible 

because: (1) Existing powered industrial 

trucks only need to comply with the 

1969 version of ANSI’s B56.1 standard; 

(2) existing powered industrial trucks 

are already manufactured according to 

an existing applicable ANSI B56 

standard; and (3) future powered 

industrial trucks would only need to 

comply with the existing applicable 

ANSI standard in table 1. 

A safety standard must also be 

economically feasible. See Forging 

Indus. Ass’n v. Secretary of Labor, 773 

F.2d 1436, 1453 (4th Cir. 1985). Such a 

standard is economically feasible if 

industry can absorb or pass on the costs 

of compliance without threatening its 

long-term profitability or competitive 

structure. See ATMI, 452 U.S. at 530 n. 

55; AISI, 939 F.2d at 980. As described 

below, OSHA has preliminarily 

determined that this proposal is 

economically feasible because it would 

impose no new costs on employers. 

B. Preliminary Economic Analysis and 

Regulatory Flexibility Act Certification 

OSHA has preliminarily determined 

that this proposed rule will impose no 

new costs on employers. The proposed 

rule is intended to accommodate 

existing industry practices for existing 

equipment manufacture and design, and 

to adapt to industry norms for future 

manufacture and design. 

OSHA understands that powered 

industrial trucks are designed, tested, or 

manufactured in accordance with the 

latest version of ANSI B56 consensus 


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standards, and, therefore, believes the 

proposed updates are consistent with 

the usual and customary practice of 

employers in the general and 

construction industries. Accordingly, 

the agency determined that 

incorporating by reference ANSI 

B56.1a–2018, ANSI B56.5–2019, and 

ANSI B56.6–2021 will not add a 

compliance burden for employers. In 

addition, because OSHA is not 

removing the reference to the 1969 

version of the ANSI standard applicable 

to previously manufactured equipment, 

employers will be able to continue 

following that version of the consensus 

standard for existing equipment, and 

thus, employers will not occur any new 

compliance burdens. Going forward, 

OSHA anticipates that if standards 

developing organizations (SDO) were to 

publish a newer version of ANSI B56 in 

the future, an employer would need to 

show that equipment manufactured on 

or after the effective date of the final 

rule complied with the design and 

construction requirements of the 

applicable consensus standard in table 1 

to §§ 1910.178(a)(2) and 

1926.602(c)(1)(vi) or that the design and 

construction requirements of the new 

SDO standard would be at least as 

protective as the applicable consensus 

standard in table 1. OSHA expects that 

in most cases SDOs would provide 

guidance to employers regarding this 

determination whenever the SDO issues 

a new standard (in order to encourage 

adoption of the new standard). OSHA 

also expects that affixing new data 

plates or markings on equipment or the 

certification of existing data plates or 

markings on equipment would be a 

usual and customary practice by 

employers when demonstrating 

compliance with newer versions of the 

consensus standard. OSHA invites 

public comment on its preliminary 

determination that the proposed rule 

will not result in any additional cost 

burden on employers. Specifically, the 

agency invites comment on the 

economic impacts of any future 

revisions to the ANSI B56 series of 

standards that affect equipment 

manufactured on or after the effective 

date of the final rule, thereby triggering 

compliance with the design and 

construction requirements of the 

applicable ANSI B56 standard in table 

1. The agency also requests public 

comment on any other issues raised by 

OSHA’s proposed revisions. 

OSHA therefore finds that this 

proposed rule is not economically 

significant within the context of 

Executive Order 12866, or a major rule 

under the Unfunded Mandates Reform 

Act or Section 801 of the Small Business 

Regulatory Enforcement Fairness Act. In 

addition, this proposed rule complies 

with Executive Order 13563 because it 

would allow employers increased 

flexibility in choosing powered 

industrial trucks for their employees 

and allow employers to keep practices 

that meet the requirements of the 

existing standard for trucks 

manufactured prior to the effective date 

of the final rule. Because the rule would 

impose no costs, OSHA certifies that it 

would not have a significant economic 

impact on a substantial number of small 

private or public sector entities and 

would not meet any of the criteria for 

an economically significant or major 

rule specified by the Executive order or 

relevant statutes. 

C. OMB Review Under the Paperwork 

Reduction Act of 1995 

This proposed rule would not 

establish or revise any collection of 

information requirements of the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501. Accordingly, the agency 

did not submit an Information 

Collection Request to Office of 

Management and Budget (OMB) 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, Office 

of Management and Budget, Room 

10235, 725 17th Street NW, Washington, 

DC 20503. The agency encourages 

commenters to also submit these 

comments to the rulemaking docket, 

along with their comments on other 

parts of this notice of proposed 

rulemaking. For instructions on 

submitting these comments and 

accessing the docket, see the sections of 

this Federal Register document titled 

DATES and ADDRESSES. 

To make inquiries or to request other 

information related to information 

collection, contact Seleda Perryman, 

Directorate of Standards and Guidance, 

OSHA, U.S. Department of Labor; 

telephone: (202) 693–4131; email: 

Perryman.Seleda.M@dol.gov. 

D. Federalism 

OSHA reviewed this notice of 

proposed rulemaking in accordance 

with the Executive order on federalism 

(Executive Order 13132, 64 FR 43255, 

August 4 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. 651 et seq., 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. 29 U.S.C. 667. 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 proposed 

rule to protect employees in every state, 

Section 18(c)(2) of the OSH Act permits 

State Plan states and U.S. territories to 

develop and enforce their own 

standards for powered industrial trucks 

provided the requirements in these 

standards are at least as safe and 

healthful as the requirements specified 

in this proposed rule. In summary, this 

notice of proposed rulemaking complies 

with Executive Order 13132. In States 

without OSHA-approved State Plans, 

any standard developed from this 

proposed rule would limit State policy 

options in the same manner as every 

standard promulgated by OSHA. In 

States with OSHA-approved State Plans, 

this rulemaking would not significantly 

limit State policy options. 

E. State Plan States 

When Federal OSHA promulgates a 

new standard or a more stringent 

amendment to an existing standard, the 

28 States and U.S. territories with their 

own OSHA-approved occupational 

safety and health plans must revise their 

standards to reflect the new standard or 

amendment. The State standard must be 

at least as effective as the final Federal 

standard or amendment and must be 

promulgated within six months of the 

publication date of the final Federal rule 

(29 U.S.C. 667(c)(2); 29 CFR 1953.5(a)). 

A State Plan state may demonstrate 

that a standard change is unnecessary 

because the State standard is already the 

same as or at least as effective as the 

new or amended Federal standard. In 

order to avoid delays in worker 

protection, the effective date of the State 

standard and any of its delayed 


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provisions must be the date of State 

promulgation or the Federal effective 

date, whichever is later. The Assistant 

Secretary may permit a longer time 

period if the State timely demonstrates 

that good cause exists for extending the 

time limitation (29 CFR 1953.5(a)). Of 

the 28 States and territories with OSHAapproved State plans, 22 cover public 

and private-sector employees: 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. 

Six States and territories cover only 

public-sector employees: Connecticut, 

Illinois, Maine, New Jersey, New York, 

and the Virgin Islands. When OSHA 

promulgates a new standard or 

amendment that does not impose 

additional or more stringent 

requirements than the existing standard, 

State Plan states are not required to 

amend their standards, although OSHA 

may encourage them to do so. 

If OSHA promulgates this proposed 

rule, employers would be required to 

ensure that new equipment 

manufactured on or after the effective 

date of the final rule complies with the 

relevant ANSI B56 standard 

incorporated by reference in table 1 or, 

alternatively, with a future national 

consensus standard or no consensus 

standard provided that the employer 

can demonstrate that the design and 

construction of the truck provides at 

least the same degree of safety as the 

design and construction requirements of 

the applicable ANSI standard in table 1. 

States and territories with approved 

State Plans would be required to adopt 

comparable amendments within six 

months of OSHA’s promulgation of the 

final rule, unless they demonstrate that 

such a change is not necessary because 

their existing standards are already the 

same, or at least as effective, as OSHA’s 

new final rule. State Plans would also 

be permitted to choose to conform to 

other proposed revisions, including the 

proposed provision allowing 

compliance with other consensus 

standards that are at least as protective 

as the applicable consensus standard 

incorporated by reference. OSHA seeks 

comment on this assessment of its 

proposal. 

F. Unfunded Mandates Reform Act of 

1995 

OSHA reviewed this notice of 

proposed rulemaking according to the 

Unfunded Mandates Reform Act of 1995 

(UMRA), 2 U.S.C. 1501–1571, and 

Executive Order 13132 (64 FR 43255) 

(1999). As discussed above in Section 

III.B (‘‘Preliminary Economic Analysis 

and Regulatory Flexibility 

Certification’’) of this preamble, OSHA 

preliminarily determined that the 

proposed rule would not impose 

additional costs on any private-sector or 

public-sector entity employers. 

As noted above under Section III.E 

(‘‘State Plan States’’) of this preamble, 

OSHA standards do not apply to state or 

local governments except in states that 

elected voluntarily to adopt an OSHAapproved state plan. Consequently, this 

rulemaking does not meet the definition 

of a ‘‘Federal intergovernmental 

mandate.’’ See 2 U.S.C. 658(5). 

Therefore, for the purposes of the 

UMRA, OSHA certifies that this 

proposed rule would 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 notice of 

proposed rulemaking in accordance 

with Executive Order 13175, 65 FR 

67249 (2000), and determined that it 

does not have ‘‘tribal implications’’ as 

defined in that order. If finalized, this 

rule would 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), established pursuant 

to section 107 of the Contract Work 

Hours and Safety Standards Act (40 

U.S.C. 3704), in setting standards for 

construction work. Specifically, 29 CFR 

1911.10(a) requires the Assistant 

Secretary to provide ACCSH with a draft 

proposed rule (along with pertinent 

factual information) and give ACCSH an 

opportunity to submit 

recommendations. See also 29 CFR 

1912.3(a). 

On July 1, 2020, OSHA presented its 

proposal to update the agency’s 

powered industrial trucks standards, 

including its construction standard at 29 

CFR 1926.602, to ACCSH. The 

Committee subsequently passed a 

motion recommending that the agency 

move forward in the rulemaking 

process. (See the minutes from the 

meeting, Docket No. 2020–0003). 

List of Subjects in 29 CFR Parts 1910 

and 1926 

Incorporation by reference, 

Occupational safety and health, 

Powered industrial trucks. 

Authority and Signature 

Douglas L. Parker, Assistant Secretary 

for Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Avenue NW, Washington, DC 20210, 

authorized the preparation of this 

document. OSHA is issuing this 

document pursuant to 29 U.S.C. 653, 

655, and 657; 40 U.S.C. 3701 et seq.; 5 

U.S.C. 553; Secretary of Labor’s Order 

8–2020, 85 FR 58393 (2020); and 29 CFR 

part 1911. 

Signed at Washington, DC, on January 7, 

2022. 

Douglas L. Parker, 

Assistant Secretary for Occupational Safety 

and Health. 

Amendments to Standards 

For the reasons stated above in the 

preamble, the Occupational Safety and 

Health Administration proposes to 

amend 29 CFR parts 1910 and 1926 as 

follows: 

PART 1910—[AMENDED] 

Subpart A—[Amended] 

■ 1. The authority citation for subpart A 

of part 1910 is revised to read as 

follows: 

Authority: 29 U.S.C. 653, 655, 657; 

Secretary of Labor’s Order Numbers 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), 1–2012 (77 FR 3912), or 8–2020 (85 

FR 58393), as applicable. 

Sections 1910.6, 1910.7, 1910.8, and 

1910.9 also issued under 29 CFR part 1911. 

Section 1910.7(f) also issued under 31 U.S.C. 

9701, 29 U.S.C. 9a, 5 U.S.C. 553; Pub. L. 106– 

113, 113 Stat. 1501A–222; Pub. L. 111–8, 123 

Stat. 524, and Pub. L. 111–317, 124 Stat. 

3454; and OMB Circular A–25 (58 FR 38142). 

■ 2. Amend § 1910.6 by: 

■ a. Redesignating paragraphs (e)(30), 

(32), and (34) as paragraphs (e)(33), (34), 

and (35), respectively; 

■ b. Adding new paragraph (e)(30), 

paragraph (e)(31), and new paragraph 

(e)(32); and 

■ c. In newly redesignated paragraph 

(e)(34), removing ‘‘1910.266(e)(2)(i)’’ 

and adding ‘‘§ 1910.266(e)(2)(i)’’ in its 

place. 

The additions read as follows: 

§ 1910.6 Incorporation by reference. 

* * * * * 

(e) * * * 


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(30) ANSI/ITSDF B56.1–2020, Safety 

Standards for Low Lift and High Lift 

Trucks; IBR approved for § 1910.178(a). 

(31) ANSI/ITSDF B56.5–2019, Safety 

Standard for Driverless, Automatic 

Guided Industrial Vehicles and 

Automated Functions of Manned 

Industrial Vehicles; IBR approved for 

§ 1910.178(a). 

(32) ANSI/ITSDF B56.6–2021, Safety 

Standard for Rough Terrain Forklift 

Trucks; IBR approved for § 1910.178(a). 

* * * * * 

Subpart N—[Amended] 

■ 3. The authority citation for subpart N 

of part 1910 is revised 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), 

1–2012 (77 FR 3912), or 8–2020 (85 FR 

58393), as applicable; and 29 CFR part 1911. 

■ 4. Amend § 1910.178 by revising 

paragraphs (a)(2) and (3) to read as 

follows: 

§ 1910.178 Powered industrial trucks. 

(a) * * * 

(2)(i) All powered industrial trucks 

manufactured before [DATE 30 DAYS 

AFTER PUBLICATION OF THE FINAL 

RULE] and used by an employer shall 

meet the design and construction 

requirements for powered industrial 

trucks established in either: 

(A) The ‘‘American National Standard 

for Powered Industrial Trucks, Part II, 

ANSI B56.1–1969,’’ which is 

incorporated by reference in § 1910.6; or 

(B) The applicable ANSI B56 standard 

in table 1 to this paragraph (a)(2). 

(ii) Powered industrial trucks 

manufactured before [DATE 30 DAYS 

AFTER PUBLICATION OF THE FINAL 

RULE] that the employer can 

demonstrate are at least as protective as 

powered industrial trucks that are 

designed and constructed in accordance 

with one of the consensus standards 

listed in paragraph (a)(2)(i) of this 

section will be deemed to be in 

compliance with the requirements of 

paragraph (a)(2)(i) of this section. 

(iii) All powered industrial trucks 

manufactured on or after [DATE 30 

DAYS AFTER PUBLICATION OF THE 

FINAL RULE] and used by an employer 

shall meet the design and construction 

requirements for powered industrial 

trucks established by the applicable 

ANSI B56 standard in table 1 to this 

paragraph (a)(2). 

(iv) Powered industrial trucks 

manufactured on or after [DATE 30 

DAYS AFTER PUBLICATION OF THE 

FINAL RULE] that the employer can 

demonstrate are at least as protective as 

powered industrial trucks that are 

designed and constructed in accordance 

with the applicable ANSI B56 standard 

in table 1 to this paragraph (a)(2) will be 

deemed to be in compliance with the 

requirements of paragraph (a)(2)(iii) of 

this section. 

TABLE 1 TO PARAGRAPH (a)(2) 

Design and construction requirements for powered industrial trucks in ANSI B56 1

ANSI/ITSDF B56.1—2020, Safety Standard for Low Lift and High Lift Trucks. 

ANSI/ITSDF B56.5—2019, Safety Standard for Driverless, Automatic Guided Industrial Vehicles and Automated Functions of Manned Industrial 

Vehicles. 

ANSI/ITSDF B56.6—2021, Safety Standard for Rough Terrain Forklift Trucks. 

1 Incorporated by reference, see § 1910.6. 

(3) Approved trucks shall bear a label 

or some other identifying mark 

indicating approval by the testing 

laboratory. See paragraph (a)(7) of this 

section and paragraph 405 of ANSI 

B56.1–1969 or the design and 

construction requirements of the 

applicable ANSI B56 standard in table 

1 to paragraph (a)(2) of this section, 

which require powered industrial trucks 

that are accepted by a nationally 

recognized testing laboratory to be so 

marked. 

* * * * * 

PART 1926—[AMENDED] 

Subpart A—[Amended] 

■ 5. The authority citation for subpart A 

of part 1926 is revised to read as 

follows: 

Authority: 40 U.S.C. 3701 et seq.; 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 31160), 4–2010 

(75 FR 55355), 1–2012 (77 FR 3912), or 8– 

2020 (85 FR 58393), as applicable; and 29 

CFR part 1911. 

■ 6. Amend § 1926.6 by adding 

paragraphs (e)(17) through (19) to read 

as follows: 

§ 1926.6 Incorporation by reference. 

* * * * * 

(e) * * * 

(17) ANSI/ITSDF B56.1–2020, Safety 

Standards for Low Lift and High Lift 

Trucks; IBR approved for § 1926.602(c). 

(18) ANSI/ITSDF B56.5–2019, Safety 

Standard for Driverless, Automatic 

Guided Industrial Vehicles and 

Automated Functions of Manned 

Industrial Vehicles; IBR approved for 

§ 1926.602(c). 

(19) ANSI/ITSDF B56.6–2021, Safety 

Standard for Rough Terrain Forklift 

Trucks; IBR approved for § 1926.602(c). 

* * * * * 

Subpart O—[Amended] 

■ 7. The authority citation for subpart O 

of part 1926 is revised 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), 1–90 (55 FR 9033), 6–96 (62 

FR 111), 5–2007 (72 FR 31159), 4–2010 (75 

FR 55355), 1–2012 (77 FR 3912), or 8–2020 

(85 FR 58393), as applicable. Section 

1926.602 also issued under 29 CFR part 1911. 

■ 8. Amend § 1926.602 by revising 

paragraph (c)(1)(v) and (vi) to read as 

follows: 

§ 1926.602 Material handling equipment. 

* * * * * 

(c) * * * 

(1) * * * 

(v) All high-lift rider industrial trucks 

shall be equipped with overhead guards 

which meet the design requirements 

provided in paragraph (c)(1)(vi) of this 

section. 

(vi)(A) All industrial trucks 

manufactured before [DATE 30 DAYS 

AFTER PUBLICATION OF THE FINAL 

RULE] and used by an employer shall 

meet the design and construction 

requirements for powered industrial 

trucks established in either: 

(1) The ‘‘American National Standard 

for Powered Industrial Trucks, Part II, 

ANSI B56.1–1969,’’ which is 

incorporated by reference in § 1926.6; or 

(2) The applicable ANSI B56 standard 

in table 1 to this paragraph (c)(1)(vi). 

(B) Powered industrial trucks 

manufactured before [DATE 30 DAYS 

AFTER PUBLICATION OF THE FINAL 


jspears on DSK121TN23PROD with PROPOSALS1
8764 Federal Register / Vol. 87, No. 32 / Wednesday, February 16, 2022 / Proposed Rules 

RULE] that the employer can 

demonstrate are at least as protective as 

powered industrial trucks that are 

designed and constructed in accordance 

with one of the consensus standards 

listed in paragraph (c)(1)(vi)(A) of this 

section will be deemed to be in 

compliance with the requirements of 

paragraph (c)(1)(vi)(A) of this section. 

(C) All industrial trucks manufactured 

on or after [DATE OF PUBLICATION 

OF THE FINAL RULE] and used by an 

employer shall meet the design and 

construction requirements for powered 

industrial trucks established in the 

applicable ANSI B56 standard in table 

1 to this paragraph (c)(1)(vi). 

(D) Powered industrial trucks 

manufactured on or after [DATE 30 

DAYS AFTER PUBLICATION OF THE 

FINAL RULE] that the employer can 

demonstrate are at least as protective as 

powered industrial trucks that are 

designed and constructed in accordance 

with the applicable ANSI B56 standard 

in table 1 to this paragraph (c)(1)(vi) will 

be deemed to be in compliance with the 

requirements of paragraph (c)(1)(vi)(C) 

of this section. 

(E) All industrial trucks in use shall 

meet the applicable requirements of 

stability, inspection, testing, 

maintenance, and operation, as defined 

in American National Standards 

Institute B56.1–1969, Safety Standards 

for Powered Industrial Trucks. 

TABLE 1 TO PARAGRAPH (c)(1)(vi) 

Design and construction requirements for powered industrial trucks in ANSI B56 1

ANSI/ITSDF B56.1—2020, Safety Standard for Low Lift and High Lift Trucks. 

ANSI/ITSDF B56.5—2019, Safety Standard for Driverless, Automatic Guided Industrial Vehicles and Automated Functions of Manned Industrial 

Vehicles. 

ANSI/ITSDF B56.6—2021, Safety Standard for Rough Terrain Forklift Trucks. 

1 Incorporated by reference, see § 1926.6. 

* * * * * 

[FR Doc. 2022–01155 Filed 2–15–22; 8:45 am] 

BILLING CODE 4510–26–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 27 

[AU Docket No. 20–429; DA 22–120; FR ID 

71309] 

Auction of Flexible-Use Licenses in the 

2.5 GHz Band for Next-Generation 

Wireless Services; Further Comment 

Sought on Competitive Bidding 

Procedures for Auction 108 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; proposed auction 

procedures. 

SUMMARY: The Office of Economics and 

Analytics and the Wireless 

Telecommunications Bureau seek 

further comment on the procedures to 

be used for Auction 108, an auction of 

approximately 8,300 geographic overlay 

licenses in the 2.5 GHz band. This 

document describes the procedures for 

an ascending clock auction format and 

seeks comment on whether this format 

would address concerns and suggestions 

raised by commenters with respect to 

both the single-round and simultaneous 

multiple-round auction formats on 

which the Federal Communication 

Commission (Commission or FCC) 

sought comment in the Auction 108 

Comment Public Notice. 

DATES: Comments are due on or before 

February 23, 2022. 

ADDRESSES: Interested parties may file 

comments in AU Docket No. 20–429. 

Comments may be filed using the 

Commission’s Electronic Comment 

Filing System (ECFS) or by filing paper 

copies. Interested parties are strongly 

encouraged to file comments 

electronically. 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS at https://

www.fcc.gov/ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings in response to the Public 

Notice can be sent by commercial 

courier or by first-class or overnight U.S. 

Postal Service mail. All filings must be 

addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

• Commercial deliveries (other than 

U.S. Postal Service Express Mail and 

Priority Mail) must be sent to 9050 

Junction Dr., Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, or Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Until further notice, the 

Commission no longer accepts any hand 

or messenger delivered filings. This is a 

temporary measure taken to help protect 

the health and safety of individuals, and 

to mitigate the transmission of COVID– 

19. 

• Email: Commenters are asked to 

also submit a copy of their comments 

and reply comments electronically to 

the following address: auction108@

fcc.gov. 

FOR FURTHER INFORMATION CONTACT:

Auction Legal Questions: Daniel 

Habif, (202) 418–0660, Daniel.Habif@

fcc.gov; Lyndsey Grunewald, (202) 418– 

0660, Lyndsey.Grunewald@fcc.gov; or 

Scott Mackoul, (202) 418–0660, 

Scott.Mackoul@fcc.gov. 

General Auction Questions: (717) 

338–2868. 

2.5 GHz Band Licensing Questions: 

Madelaine Maior, (202) 418–1466, 

Madelaine.Maior@fcc.gov 

Madelaine.Maior@fcc.gov or Nadja 

Sodos-Wallace, (202) 418–0955, 

Nadja.Sodoswallace@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Auction 108 Further 

Comment Public Notice, AU Docket No. 

20–429, DA 22–120, adopted on 

February 9, 2022 and released on 

February 9, 2022. The complete text of 

the Auction 108 Further Comment 

Public Notice is available on the 

Commission’s website at https://

www.fcc.gov/auction/108 or by using 

the search function for AU Docket No. 

20–429, DA 22–120, on the 

Commission’s Electronic Comment 

Filing System (ECFS) web page at 

www.fcc.gov/ecfs. Alternative formats 

are available to persons with disabilities 

by sending an email to FCC504@fcc.gov 

or by calling the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

I. Introduction 

1. By the Auction 108 Further 

Comment Public Notice, the Office of 

Economics and Analytics (OEA), jointly 

with the Wireless Telecommunications 

Bureau (WTB), seeks further comment 

on the auction format to be used for 

Auction 108. Specifically, the Public 

Notice seeks comment on whether the 

use of an ascending clock auction 

format—a multiple-round auction with 

bidding for frequency-specific blocks— 


jspears on DSK121TN23PROD with PROPOSALS1