[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Rules and Regulations]
[Pages 27428-27429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10983]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926


Safety Standards for Steel Erection

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Final rule; technical amendment.

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SUMMARY: This technical amendment adds a nonmandatory note to the OSHA 
standards governing steel erection. The note provides information 
regarding existing Federal Highway Administration regulations that may 
apply to employers engaged in activities covered by OSHA's steel 
erection standards.

DATES: Effective date: May 17, 2010.

FOR FURTHER INFORMATION CONTACT: General information and press 
inquiries: Ms. Jennifer Ashley, Office of Communications, Room N-3647, 
OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210; telephone (202) 693-1999.
    Technical inquiries: Contact Mr. Levon Schlichter, Directorate of 
Construction, Room N-3468, OSHA, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2020 or fax (202) 693-1689.
    Electronic copies of this Federal Register notice: Go to OSHA's Web 
site (http://www.osha.gov), and select ``Federal Register,'' ``Date of 
Publication,'' and then ``2010.''

SUPPLEMENTARY INFORMATION:
    Background. On May 15, 2004, a fatal highway accident occurred on 
an interstate highway in Colorado as a passenger vehicle passed under 
an overpass that was being widened. The bracing used to temporarily 
support a partially installed steel girder on the overpass collapsed, 
causing the girder to fall to the highway below, shearing off the top 
of the vehicle and killing the three occupants inside. The National 
Transportation Safety Board (NTSB) subsequently investigated the 
accident and determined that the probable cause was insufficient design 
and installation of the girder's temporary bracing system. NTSB also 
found that a Registered Engineer did not approve the bracing-system 
design, which violates Federal Highway Administration (FHWA) 
regulations (See discussion in the following paragraph).\1\
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    \1\ The NTSB published the findings of this investigation in 
NTSB Safety Recommendation H-06-23, June 29, 2006; see ``Technical 
Inquiries'' mentioned earlier to obtain a copy of this document.
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    FHWA regulations generally require employers involved in National 
Highway System construction projects to comply with a number of 
standards, policies, and standard specifications published by the 
American Association of State Highway and Transportation Officials 
(``AASHTO''), among other organizations (See 23 CFR 625.3, 625.4). FHWA 
also encourages compliance with AASHTO Specifications that the FHWA 
regulations do not currently incorporate by reference. (See http://www.fhwa.dot.gov/bridge/lrfd/index.htm.)
    For projects involving bridge construction (e.g., temporary bracing 
systems), the FHWA regulations incorporate by reference AASHTO's 
Standard Specifications for Highway Bridges, 15th edition, 1992 (See 23 
CFR 625.4). The 1992 Specifications provide that a Registered Engineer 
must prepare and seal working drawings for falsework in many cases.
    OSHA believes that knowledge of these requirements will enhance the 
safety of employees operating on or near structural steel elements used 
in highway construction, including bridges and other structures. 
Therefore, OSHA is adding a note to 29 CFR 1926.754(a) to inform 
construction employers of the FHWA requirements.

[[Page 27429]]

    Public participation. OSHA determined that this technical amendment 
is not subject to the procedures for public notice and comment 
specified by Section 4 of the Administrative Procedures Act (5 U.S.C. 
553), Section 6(b) of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 655(b)), and 29 CFR 1911.5. This technical amendment of 29 
CFR 1926.754(a) merely notifies the regulated community of existing 
Federal regulations; it is nonmandatory and disseminated for 
informational purposes only, and does not increase regulatory burden. 
Therefore, this technical amendment does not affect or change any 
existing rights or obligations, and no member of the regulated 
community is likely to object to it. In conclusion, OSHA finds good 
cause that the opportunity for public comment is unnecessary within the 
meaning of 5 U.S.C. 553(b)(3)(B), 29 U.S.C. 655(b), and 29 CFR 1911.5.

List of Subjects in 29 CFR Part 1926

    Structural steel erection, Construction industry, Construction 
safety, Occupational Safety and Health Administration, Occupational 
safety and health.

Authority and Signature

    This document was prepared under the authority of David Michaels, 
PhD, MPH, Assistant Secretary of Labor for Occupational Safety and 
Health, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210, pursuant to Sections 6(b) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 655), Secretary of Labor's 
Order 5-2007 (72 FR 31160), and 29 CFR part 1911.

    Signed at Washington, DC, on May 4, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

0
For the reasons set forth above in the preamble, OSHA is amending 29 
CFR part 1926 as follows:

PART 1926--[AMENDED]

Subpart R--[Amended]

0
1. The authority citation for subpart R is revised to read as follows:

    Authority: Sec. 107, Contract Work Hours and Safety Standards 
Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6, and 8, 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 
657); Secretary of Labor's Order Nos. 3-2000 (65 FR 50017), 5-2002 
(67 FR 65008), and 5-2007 (72 FR 31160); and 29 CFR part 1911.


0
2. Amend Sec.  1926.754 by adding a note after paragraph (a) to read as 
follows:


Sec.  1926.754  Structural steel assembly.

    (a) * * *

    Note to paragraph (a):  Federal Highway Administration (FHWA) 
regulations incorporate by reference a number of standards, 
policies, and standard specifications published by the American 
Association of State Highway and Transportation Officials (AASHTO) 
and other organizations. (See 23 CFR 625.4). Many of these 
incorporated provisions may be relevant to maintaining structural 
stability during the erection process. For instance, as of May 17, 
2010, in many cases FHWA requires a Registered Engineer to prepare 
and seal working drawings for falsework used in highway bridge 
construction. (See AASHTO Specifications for Highway Bridges, Div. 
II, Sec.  3.2.1, 15th edition, 1992, which FHWA incorporates by 
reference in 23 CFR 625.4). FHWA also encourages compliance with 
AASHTO Specifications that the FHWA regulations do not currently 
incorporate by reference. (See http://www.fhwa.dot.gov/bridge/lrfd/index.htm.)

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[FR Doc. 2010-10983 Filed 5-14-10; 8:45 am]
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