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• Publication Date: 09/13/2013
• Publication Type: Notice
• Fed Register #: 78: 56742-56743
• Standard Number: 1926 Subpart CC; 1926.1400(c)(4); 1926 Subpart V
• Title: Revision of Approved Information Collection [Paperwork] Requirements for Office of Management and Budget [OMB] Approval; Cranes and Derricks in Construction

[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Notices]
[Pages 56742-56743]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22242]


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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.

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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.

ADDRESSES:
    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 
comments.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    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-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    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 
none.

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 
collected; and
     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 
Subpart CC).
    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.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-22242 Filed 9-12-13; 8:45 am]
BILLING CODE 4510-26-P

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