[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Proposed Rules]
[Pages 36507-36509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15687]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1926
[Docket ID-OSHA-2018-0009]
RIN 1218-AC96
Information Collection Request; Cranes and Derricks in
Construction: Operator Qualification
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule, limited reopening of comment period.
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SUMMARY: OSHA is providing the public an additional 30 days to comment
on only the information collection requirements contained in the
proposed updates to its standard for cranes and derricks in
construction published on May 21, 2018.
DATES: The comment period for only the information collection
requirements published on May 21, 2018 at 83 FR 23534, is reopened.
Comments must be submitted (postmarked, sent, or received) by August
29, 2018.
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.
Regular mail, express delivery, hand delivery, and messenger
(courier) service: When using this method, you must submit a copy of
your comments and attachments to the OSHA Docket Office, Docket No.
OSHA-2018-0009, Occupational Safety and Health Administration, U.S.
Department of Labor, Room N-3653, 200 Constitution Avenue NW,
Washington, DC 20210. Deliveries (hand, express mail, messenger, and
courier service) are accepted during the OSHA Docket Office's normal
business hours, 10:00 a.m. to 3:00 p.m., ET.
Instructions: All submissions must include the agency name, the
title of this document ``Information Collection Request; Cranes and
Derricks in Construction: Operator Qualification,'' and the OSHA docket
number for this document (OSHA-2018-0009). 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
document titled SUPPLEMENTARY INFORMATION. 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.
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 above address. All documents in the docket (including this Federal
Register document) 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 website. All submissions,
including copyrighted material, are available for inspection at the
OSHA Docket Office.
FOR FURTHER INFORMATION CONTACT: Mr. Vernon Preston, Directorate of
Construction; telephone: (202) 693-2020; fax: (202) 693-1689; email:
Preston.Vernon@dol.gov.
SUPPLEMENTARY INFORMATION:
A. Background
OSHA published a notice of proposed rulemaking ``Cranes and
Derricks in Construction: Operator Qualification'' (the NPRM or the
proposed rule) on May 21, 2018, in the Federal Register (83 FR 23534)
proposing regulations to update the standard for cranes and derricks in
construction. In the NPRM, OSHA proposes to amend 29 CFR 1926, subpart
CC to revise sections that address crane operator training,
certification/licensing,\1\ and competency. The purpose of these
amendments are to: Require comprehensive training of operators; remove
certification by capacity from certification requirements; clarify and
permanently extend the employer duty to evaluate potential operators
for their ability to safely operate equipment covered by subpart CC;
and require documentation of that evaluation.
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\1\ The term ``certification/licensing'' covers each of the
certification options in the proposed rule (third-party
certification or an audited employer certification program) as well
as state or local operator licensing requirements.
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The proposed rule provided the public 30 days to comment on the
proposed regulations including the information collection requirements
contained in the proposed rule. Under the Paperwork Reduction Act (the
PRA), Federal agencies are required to publish a notice in the Federal
Register concerning each proposed information collection requirement
and to allow 60 days for public comment on those requirements (44
U.S.C. 3506(c)(2)(A); see also 5 CFR 1320.8(d)(1)). Accordingly this
document allows the public an additional 30 days, as required by the
PRA, to comment on the information collection requirements contained in
the proposed rule.
Concurrent with publication of the proposed rule, OSHA submitted
the new Cranes and Derricks in Construction Standard (29 CFR part 1926,
subpart CC): Operator Qualification Information Collection Request
(ICR) to the Office of Management and Budget (OMB) for review with a
request for a new control number (ICR Reference Number 201710-1218-
002). If a final rule is published, OSHA will submit the final ICR for
the final Cranes and Derricks in Construction Standard: Operator
Qualification to OMB for approval. If the final ICR is approved, OSHA
will request to amend the comprehensive Cranes and Derricks in
Construction Information Collection (OMB control number 1218-0261) to
incorporate the ICR analysis associated with the final Cranes and
Derricks in Construction Standard: Operator Qualification and to
discontinue the new control number.
The purpose of the PRA, 44 U.S.C. 3501 et seq., includes enhancing
the quality and utility of information the Federal government requires
and minimizing the paperwork and reporting burden on affected entities.
The PRA requires certain actions before an agency can adopt or revise a
collection of information requirement (also referred to as a
``paperwork'' or ``information collection'' requirement), including
publishing a summary of the information collection requirements and a
brief description of the need for, and proposed use of, the
information. The PRA defines ``collection of information'' as ``the
obtaining, causing to be obtained, soliciting, or requiring the
disclosure to third parties or the public, of facts or opinions by or
for an agency, regardless of form or format.'' (44 U.S.C. 3502(3)(A)).
Under the PRA, a Federal agency may not conduct or sponsor a
collection of information, and the public is not required to respond to
a collection of information, unless it is approved by OMB and displays
a currently valid OMB control number (44 U.S.C. 3507). Also,
notwithstanding any other provisions of law, no person shall be subject
to penalty for failing to comply with a collection of information if
the collection of information does not display a currently valid OMB
control number (44 U.S.C. 3512).
B. Desired Focus of Comments
The ``Cranes and Derricks in Construction: Operator Qualification''
proposed rule would establish new information collection requirements.
The NPRM would also modify a small number of information collection
requirements in the existing Cranes and Derricks in Construction
Standard (29 CFR part 1926, subpart CC) Information Collection (IC)
approved by OMB. OSHA submitted a new ICR (that modifies the existing
Cranes and Derricks in Construction package) to OMB to reflect the
NPRM's new or revised information collection requirements.
Some of these revisions, if adopted, would result in changes to the
existing burden hour and/or cost estimates associated with the current,
OMB-approved information collection requirements contained in the
Cranes and Derricks in Construction Standard Information Collection.
Other revisions would not change burden hour or cost estimates, but
would substantively modify language contained in the currently OMB-
approved ICR. Still others would revise existing standard provisions
that are not information collection requirements, will not change
burden hour or cost estimates, and will not modify any language in the
ICR. This document summarizes the first two categories to ensure that
the ICR reflects the updated regulatory text, but does not summarize or
seek comment on the last category of revisions that are not related to
information collections. In addition, this document does not address
the proposed provisions that are substantively unchanged from the
current, OMB-approved information collection requirements. Discussion
and justification of these provisions can be found in the preamble to
the final crane standard (75 FR 48017) and also in the Supporting
Statements for the proposed rule (83 FR 23534) as well as the approved
Information Collection.
The agency solicits comments on the Cranes and Derricks Standard
information collection requirements as they would be revised by the
proposed rule. Particularly, comments are sought by OSHA to:
Evaluate whether the proposed information collection
requirements are necessary for the proper performance of the agency's
functions, including whether the information will have practical
utility;
Evaluate the accuracy of OSHA's estimate of the time and
cost burden of the proposed information collection requirements,
including the validity of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected; and
Minimize the burden of the information collection
requirements on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.
A copy of the ICR for the proposed rule, with applicable supporting
documentation, including a description of the likely respondents,
estimated frequency of response, and estimated total burden, may be
obtained free of charge from the RegInfo.gov website at: http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201710-1218-002 or contact
Vernon Preston at (202) 693-2020 to obtain a copy of the ICR.
C. Proposed Revisions to the Information Collection Requirements
As required by 5 CFR 1320.5(a)(1)(iv) and 1320.8(d)(1), OSHA is
providing the following summary information about the information
collection requirements identified in the NPRM. The proposed rule
creates new information collection requirements and modifies approved
information collection requirements in the existing ``Cranes and
Derricks in Construction Standard'' Information Collection. The major
differences in the information collection requirements contained in the
proposed rule from the information collection requirements currently
approved in the Information Collection are discussed below and in more
specific detail in Section III: Summary and Explanation of the Proposed
Amendments to Subpart CC of the NPRM.
Proposed Section 1926.1427(a)--Operator Training, Certification, and
Evaluation
The introductory text in proposed paragraph (a) sets out the
employer's responsibility to ensure that each operator is certified/
licensed in accordance with subpart CC, and is evaluated on his or her
competence to safely operate the equipment that will be used, before
the employer permits an individual to operate equipment covered by
subpart CC without continuous monitoring. The proposed new approach
provides a clearer structure than the existing standard, which was not
designed to accommodate both certification and evaluation.
Proposed Section 1926.1427(c)--Certification and Licensing
Under paragraph (c), the employer must ensure that each operator is
certified or licensed to operate the equipment. Proposed paragraph (c)
retains the certification and licensing structure of the existing
standard with only a few minor modifications intended to improve
comprehension of certification/licensing requirements. For example,
OSHA proposes to remove the somewhat misleading reference to an
``option'' with respect to mandatory compliance with existing state and
local licensing requirements that meet the minimum requirements under
federal law.
Proposed Section 1926.1427(d)--Certification by an Accredited Crane
Operator Testing Organization
Proposed paragraph (d) retains the requirements of existing Sec.
1926.1427(b), except that the proposed rule removes the requirement for
certification by capacity of crane, as required in existing paragraph
(b)(1)(ii)(B) and (b)(2). The need for this change is explained in the
``Need for a Rule'' section of the NPRM. The proposed rule also makes
some non-substantive language clarifications. Compliance with the
requirements of proposed paragraph (d) is the option that OSHA expects
the vast majority of employers to use.
Proposed Section 1926.1427(f)--Evaluation
Proposed paragraph (f) sets out new specific requirements that
employers must follow to conduct an operator evaluation and
reevaluation, including documentation requirements. Proposed paragraph
(f)(4) requires the employer to document the evaluation of each
operator and to ensure that the documentation is available at the
worksite. This paragraph also specifies the information that the
documentation would need to include: The operator's name, the
evaluator's name, the date of the evaluation, and the make, model and
configuration of the equipment on which the operator was evaluated.
However, the documentation would not need to be in any particular
format.
Under the NPRM, not all operators exempted from certification
requirements would also be exempted from the evaluation requirements.
Proposed Sec. 1926.1427(a)(2) continues the existing exemption from
the training and certification requirements in that section for
operators of three types of equipment: Derricks, sideboom cranes, and
equipment with a maximum manufacturer-rated hoisting/lifting capacity
of 2,000 pounds or less. In the current crane standard, these three
types of equipment are exempt from all of the requirements in Sec.
1926.1427 as the result of language in Sec. 1926.1427(a) and specific
exemptions in Sec. Sec. 1926.1436(q), 1440(a), and 1441(a). The
proposed rule would not, however, exempt employers from the
requirements in Sec. 1926.1427(f) to evaluate the potential operators
of those types of equipment to ensure that they have sufficient
knowledge and skills to perform the assigned tasks with the assigned
equipment. Accordingly, OSHA proposes to preserve the evaluation
requirements through the revision of the language in Sec. 1926.1427(a)
and corresponding edits to narrow the exemptions in Sec. Sec.
1926.1436(q), 1440(a), and 1441(a).
Proposed Section 1926.1427(h)--Language and Literacy
Existing Sec. 1926.1427(h) allows operators to be certified in a
language other than English, provided that the operator understands
that language. Proposed paragraph (h) is nearly identical to existing
paragraph (h) with the exception that it removes the reference to the
existing qualification language in paragraph (b)(2), which has been
replaced.
Proposed Sections 1926.1436(q)--Derricks, 1926.1440(a)--Sideboom
Cranes, and 1926.1441(a)--Equipment With a Rated Hoisting/Lifting
Capacity of 2,000 Pounds or Less
As discussed earlier, OSHA proposed to amend paragraphs Sec. Sec.
1926.1436(q), 1926.1440(a), and 1926.1441(a) to ensure that the
evaluation requirements in Sec. 1926.1427(f) apply to employers using
derricks, sideboom cranes, and equipment with a rated capacity of 2,000
pounds or less.
Type of Review: New.
Agency: DOL-OSHA.
Title: Cranes and Derricks in Construction: Operator Qualification.
ICR Reference Number: 201710-1218-002.
Total Estimated Number of Annualized Respondents: 117,130.
Total Estimated Number of Annualized Responses: 75,591.
Total Estimated Number of Annual Burden Hours: 4,773.
Response Frequency: Various.
Total Number of Annual Other Costs Burden: $71.
D. Public Participation--Submission of Comments on This Document and
Internet Access to Comments and Submissions
The agency encourages commenters to submit their comments related
to the agency's clarification of the information collection
requirements to the docket for this document (Docket Number OSHA-2018-
0009). For instructions on submitting these comments to the docket for
this document, see the sections of this Federal Register document
titled DATES and ADDRESSES. Please note that comments on the
information collection requirements already submitted to the agency in
response to the NPRM will be considered; the public need not resubmit
those comments in response to this solicitation. (See: https://www.regulations.gov/document?D=OSHA-2007-0066-0679.) Please also note
that the docket for this document, Docket Number OSHA-2018-0009, exists
solely to collect comments on the information collection requirements
in the NPRM. The NPRM and the other relevant documents for that
rulemaking are in Docket Number OSHA-2007-0066, available on http://www.regulations.gov.
E. Authority and Signature
Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this document. The
authority for this document 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 July 17, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-15687 Filed 7-27-18; 8:45 am]
BILLING CODE 4510-26-P
