On April 15, OSHA proposed to amend the standard through the direct final rule approach because most employers are required by the Federal Highway Administration to comply with Revision 3 in lieu of the 1971 Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD) since 1996. The amended rule would have required employers in the construction industry to comply with either the Millennium Edition or Revision 3 of the MUTCD, in place of the 1971 MUTCD.
As part of the direct final rule approach, OSHA also published a proposed rule in the same Federal Register notice. The agency stated that "if significant adverse comments were received," it would withdraw the direct final rule.
OSHA has determined that two of the eight comments received will be treated as significant adverse comments.
The agency will address comments on the direct final and proposed rules in a new final rule, which the agency expects to issue shortly. OSHA will not institute a second comment period.
Notice of the withdrawal is scheduled to appear in today's Federal Register.
