[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22242]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2013-0021]
Revision of Approved Information Collection (Paperwork)
Requirements for Office of Management and Budget (OMB) Approval; Cranes
and Derricks in Construction
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comments.
SUMMARY: OSHA solicits public comments concerning its proposal to
revise OMB's approval of the information collection requirements
contained in the Cranes and Derricks in Construction Standard (29 CFR
part 1926, Subpart CC). Employers and workers use these requirements to
help ensure the safe operation of equipment covered by the standard. In
addition, OSHA compliance safety and health officers use the
information to determine, during an inspection, whether employers are
complying with the requirements. In May 2013, OSHA published a final
rule that broadened the exemption for digger derricks in the Cranes and
Derricks Standard in Construction Subpart CC. As a result, OSHA is
revising the Cranes and Derricks Standard in Construction paperwork
analysis by reducing the number of entities that are required to comply
with these information collection requirements.
DATES: Comments must be submitted (postmarked, sent, or received) by
November 12, 2013.
Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2013-0021, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and OSHA
docket number for the Information Collection Request (ICR) (OSHA-2013-
0021). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the "Public Participation" heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Todd Owen or Theda Kenney, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accord with the Paperwork Reduction Act of
1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
The Cranes and Derricks standard's information collection
requirements impose a duty on employers to produce and maintain records
that implement controls and take other measures to protect workers from
hazards related to cranes and derricks used in construction.
Accordingly, construction businesses with workers who operate or work
in the vicinity of cranes and derricks must have, as applicable, the
following documents on file and available at the job site: Equipment
ratings, employee training records, written authorizations from
qualified individuals, and qualification program audits. During an
inspection, OSHA will have access to the records to determine
compliance under conditions specified by the standard. An employer's
failure to generate and disclose the information required in this
standard will affect significantly the Agency's effort to control and
reduce injuries and fatalities related to the use of cranes and
derricks in construction.
On May 29, 2013, OSHA published a final rule expanding the existing
digger-derrick exemption to include all digger derricks used in
construction work subject to 29 CFR part 1926 subpart V. OSHA revised
the exemption in existing 29 CFR 1926.1400(c)(4) to include within the
exemption the phrase "any other work subject to subpart V of 29 CFR part 1926" (78 FR 32110).
Section II. D, Paperwork Reduction Act, of the final rule, stated:
This rule, which expands the digger-derrick exemption, does not
require any additional collection of information or alter the
substantive requirements detailed in the 2010 ICR. The only impact
on the collection of information will be a reduction in the number
of entities collecting information. OMB did not require OSHA to
submit a new proposed ICR when OSHA issued the proposed rule, and
OSHA does not believe it is necessary to submit a new ICR to OMB
now. OSHA will identify any reduction in burden hours when it renews
the ICR. OSHA requested comment on this approach in the proposed
rulemaking describing the digger-derrick exemption, but received
OSHA has revised the ICR to exempt digger derricks used in construction
work subject to 29 CFR part 1926 subpart V.
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
The quality, utility, and clarity of the information
Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.
III. Proposed Actions
As a result of expanding the digger-derrick exemption to include
all digger derricks used in construction work subject to 29 CFR part
1926 subpart V, OSHA is requesting a program change decrease of 35,715
hours, from 403,413 hours to 367,698 hours.
OSHA will summarize the comments submitted in response to this
notice, and will include this summary in its request to OMB to extend
the approval of the information collection requirements contained in
the Cranes and Derricks Standard.
Type of Review: Revision of a currently approved collection.
Title: Cranes and Derricks in Construction (29 CFR part 1926
OMB Control Number: 1218-0261.
Affected Public: Business or other for-profits.
Number of Respondents: 209,851.
Total Responses: 2,558,718.
Frequency of Responses: On occasion.
Average Time per Response: Varies from 30 seconds (communicate
employee's location to operator) to 1.5 hours (develop and document
written assembly and disassembly procedures).
Estimated Total Burden Hours: 367,698 hours.
Estimated Cost (Operation and Maintenance): $2,029,130.
IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions
You may submit comments in response to this document as follows:
(1) electronically at http://www.regulations.gov, which is the Federal
e-Rulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other materials must clearly identify the
Agency name and the OSHA docket number for the ICR (Docket No. OSHA-
2013-0021). You may supplement electronic submissions by uploading
document files electronically. If you wish to mail additional materials
in reference to an electronic or facsimile submission, you must submit
them to the OSHA Docket Office (see the section of this notice titled
ADDRESSES). The additional materials must clearly identify your
electronic comments by your name, date, and the docket number so the
Agency can attach them to your comments.
Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627).
Comments and submissions are posted without change at
http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as Social Security numbers and
dates of birth. Although all submissions are listed in the
http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publically available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available through the Web site's
"User Tips" link. Contact the OSHA Docket Office for information
about materials not available through the Web site, and for assistance
in using the Internet to locate docket submissions.
V. Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).
Signed at Washington, DC, on September 6, 2013.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-22242 Filed 9-12-13; 8:45 am]
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