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• Publication Date: 02/07/2013
• Publication Type: Rules
• Fed Register #: 78: 8985
• Standard Number: 1926; 1911
• Title: Cranes and Derricks in Construction: Revising the Exemption for Digger Derricks

[Federal Register Volume 78, Number 26 (Thursday, February 7, 2013)]
[Rules and Regulations]
[Page 8985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02777]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket No. OSHA-2012-0025]
RIN 1218-AC75


Cranes and Derricks in Construction: Revising the Exemption for
Digger Derricks

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

ACTION: Withdrawal of direct final rule.

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SUMMARY: OSHA published a direct final rule and a companion notice of
proposed rulemaking on November 9, 2012, to broaden the exemption for
digger derricks in its construction standard for cranes and derricks.
OSHA received a significant adverse comment on the direct final rule
and is, therefore, withdrawing the direct final rule. OSHA will issue a
final rule at a later date based on the notice of proposed rulemaking.

DATES: OSHA published the direct final rule for revising the exemption
for digger derricks on November 9, 2012 (77 FR 67270), and is
withdrawing that direct final rule as of February 7, 2013.

FOR FURTHER INFORMATION CONTACT:
    General information and press inquiries: Mr. Frank Meilinger,
Director, OSHA Office of Communications, Room N-3647, U.S. Department
of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone:
(202) 693-1999.
    Technical information: Mr. Garvin Branch, Directorate of
Construction, Room N-3468, OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
2020; fax: (202) 693-1689.

SUPPLEMENTARY INFORMATION: On November 9, 2012, OSHA published a direct
final rule (77 FR 67270) and a companion notice of proposed rulemaking
(77 FR 67313) to broaden the exemption for digger derricks in its
construction standard for cranes and derricks. In those documents, OSHA
stated that if it received a significant adverse comment, the Agency
would "publish a timely withdrawal of this direct final rule" and
determine whether to proceed with the rulemaking on the basis of the
proposed rule. OSHA received one significant adverse comment on the
direct final rule (Docket ID OSHA-2012-0025-0008) and is, therefore,
withdrawing the direct final rule. The Agency will treat the comment on
the direct final rule as a comment on the proposed rule and publish a
final rule at a later date.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210, authorized the
withdrawal of the direct final rule. OSHA is withdrawing the direct
final rule 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 1-2012 (77 FR 3912), and
29 CFR part 1911.

    Signed at Washington, DC on February 1, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-02777 Filed 2-6-13; 8:45 am]
BILLING CODE 4510-26-P

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