83_FR_28681 83 FR 28562 - Cranes and Derricks in Construction: Operator Qualification

83 FR 28562 - Cranes and Derricks in Construction: Operator Qualification

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 83, Issue 119 (June 20, 2018)

Page Range28562-28563
FR Document2018-13280

On May 21, 2018, OSHA published a notice of proposed rulemaking (NPRM) titled ``Cranes and Derricks in Construction: Operator Qualification.'' The period for submitting public comments is being extended by 15 days to allow parties affected by the rule additional time to review the proposed rule and collect information and data necessary for comment.

Federal Register, Volume 83 Issue 119 (Wednesday, June 20, 2018)
[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Proposed Rules]
[Pages 28562-28563]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13280]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket ID-OSHA-2007-0066]
RIN 1218-AC96


Cranes and Derricks in Construction: Operator Qualification

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

ACTION: Notice of proposed rulemaking; extension of public comment 
period.

-----------------------------------------------------------------------

SUMMARY: On May 21, 2018, OSHA published a notice of proposed 
rulemaking (NPRM) titled ``Cranes and Derricks in Construction: 
Operator Qualification.'' The period for submitting public comments is 
being extended by 15 days to allow parties affected by the rule 
additional time to review the proposed rule and collect information and 
data necessary for comment.

DATES: Comments: The comment period for the proposed rule published in 
the Federal Register on May 21, 2018 (83 FR 23534), is extended. Submit 
comments to the proposed rule, including comments to the information 
collection requirements (described under the section titled ``Agency 
Determinations''), hearing requests, and other information by July 5, 
2018. All submissions must bear a postmark or provide other evidence of 
the date submitted.

ADDRESSES: Submit comments, hearing requests, and other material, 
identified by Docket No. OSHA-2007-0066, using any of the following 
methods:
    Electronically: Submit comments and attachments, as well as hearing 
requests and other information, electronically at http://www.regulations.gov, the Federal e-Rulemaking Portal. This docket may 
include several Federal Register notices for active rulemakings; 
therefore it is necessary to select the correct notice, or its ID 
number, to submit comments for this rulemaking. After accessing the 
docket (OSHA-2007-0066), check the ``proposed rule'' box in the column 
headed ``Document Type,'' find the document posted on the date of 
publication of this document, and click the ``Submit a Comment'' link. 
Additional instructions for submitting comments are available on the 
http://www.regulations.gov homepage.
    Facsimile: OSHA allows facsimile transmission of comments that are 
ten pages or fewer in length (including attachments). Fax these 
documents to the OSHA Docket Office at (202) 693-1648. OSHA does not 
require submission of hard copies of these documents. For additional 
attachments that supplement comments submitted by facsimile (e.g., 
studies, journal articles), commenters must submit these attachments to 
the OSHA Docket Office, Technical Data Center, Room N-3653, OSHA, U.S. 
Department of Labor, 200 Constitution Ave. NW, Washington, DC 20210. 
These attachments must clearly identify the sender's name, the date, 
subject, and the docket number (OSHA-2007-0066).
    Regular mail, express delivery, hand delivery, and messenger 
(courier) service: Submit comments and any additional material to the 
OSHA Docket Office, RIN No. 1218-AC86, Technical Data Center, Room N-
3653, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW, 
Washington, DC 20210; telephone: (202) 693-2350, TTY number: (877) 889-
5627. Contact the OSHA Docket Office for information about security 
procedures concerning delivery of materials by express delivery, hand 
delivery, and messenger service. The Docket Office will accept 
deliveries (express delivery, hand delivery, messenger service) during 
the Docket Office's normal business hours, 10:00 a.m. to 3:00 p.m., ET.
    Information Collection Requirements: OSHA welcomes comments on the 
information collection requirements contained in this rule on the same 
basis as for any other aspect of the rule. Interested parties may also 
submit comments about the information collection requirements directly 
to the Office of Information and Regulatory Affairs, Attn: OMB Desk 
Officer for DOL-OSHA (RIN 1218-AC96), Office of Management and Budget, 
Room 10235, 725 17th Street NW, Washington, DC 20503, Fax: (202) 395-
6881 (this is not a toll-free number), email: 
[email protected]. See Paperwork Reduction Act section of 
this preamble for particular areas of interest.
    Instructions: All submissions must include the agency's name, the 
title of the rulemaking (Cranes and Derricks in Construction: Operator 
Qualification), and the docket number (OSHA-2007-0066). Absent 
copyright protections or other restrictions, OSHA will place comments 
and other material, including any personal information, in the public 
docket without revision, and the comments and other material will be 
available online at http://www.regulations.gov. Therefore, commenters 
should not submit statements they do not want made available to the 
public, or submit comments that contain personal information (either 
about themselves or others) such as Social Security Numbers, birth 
dates, and medical data.
    Docket: To read or download comments or other material in the 
electronic docket, go to http://www.regulations.gov or to the OSHA 
Docket Office at the above address. Some information submitted (e.g., 
copyrighted material) is not available publicly to read or download 
through this website. All submissions, including copyrighted material, 
are available for inspection at the OSHA Docket Office. Contact the 
OSHA Docket Office for assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT:

[[Page 28563]]

    General information and press inquiries: Mr. Frank Meilinger, OSHA 
Office of Communications; telephone: (202) 693-1999; email: 
[email protected].
    Technical inquiries: Mr. Vernon Preston, Directorate of 
Construction; telephone: (202) 693-2020; fax: (202) 693-1689; email: 
[email protected].
    Copies of this Federal Register notice and news releases: 
Electronic copies of these documents are available at OSHA's web page 
at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Extension of the Comment Period

    On May 21, 2018, OSHA published a NPRM titled ``Cranes and Derricks 
in Construction: Operator Qualification'' (83 FR 23534). In the NPRM, 
OSHA proposed to amend 29 CFR part 1926, subpart CC, to revise sections 
that address crane operator training, certification/licensing, 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.
    The public comment period for this NPRM was to conclude on June 20, 
2018, 30 days after publication of the NPRM. However, OSHA received 
requests from stakeholders for an extension of the public comment 
period (OSHA-2007-0066-0683 and -0693). These requests state that, 
given the complexity and significance of this NPRM, more time for 
submitting comments was necessary to gather information from members of 
the organizations and develop meaningful comments.
    OSHA agrees to an extension and believes that a 15 day extension of 
the public comment period is a sufficient amount of time to address 
these concerns in light of the short period of time remaining before 
the deadline for crane operator certification. Therefore, the public 
comment period will now conclude July 5, 2018. Comments can be 
submitted by following the procedures listed under ADDRESSES section of 
this notice.

List of Subjects in 29 CFR Part 1926

    Certification, Construction industry, Cranes, Derricks, 
Occupational safety and health, Qualification, Safety, Training.

    Signed at Washington, DC, on June 15, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-13280 Filed 6-15-18; 4:15 pm]
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                                                  28562                 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules

                                                  II. Findings and Certifications                         Derricks in Construction: Operator                     Data Center, Room N–3653, OSHA, U.S.
                                                                                                          Qualification.’’ The period for                        Department of Labor, 200 Constitution
                                                  Environmental Impact
                                                                                                          submitting public comments is being                    Ave. NW, Washington, DC 20210;
                                                     This ANPR is exclusively concerned                   extended by 15 days to allow parties                   telephone: (202) 693–2350, TTY
                                                  with nondiscrimination standards.                       affected by the rule additional time to                number: (877) 889–5627. Contact the
                                                  Accordingly, under 24 CFR 50.19(c)(3),                  review the proposed rule and collect                   OSHA Docket Office for information
                                                  it is categorically excluded from                       information and data necessary for                     about security procedures concerning
                                                  environmental review under the                          comment.                                               delivery of materials by express
                                                  National Environmental Policy Act (42                   DATES: Comments: The comment period                    delivery, hand delivery, and messenger
                                                  U.S.C. 4321–4347).                                      for the proposed rule published in the                 service. The Docket Office will accept
                                                  Regulatory Review—Executive Orders                      Federal Register on May 21, 2018 (83                   deliveries (express delivery, hand
                                                  12866 and 13563                                         FR 23534), is extended. Submit                         delivery, messenger service) during the
                                                                                                          comments to the proposed rule,                         Docket Office’s normal business hours,
                                                     Executive Order 12866 (Regulatory                                                                           10:00 a.m. to 3:00 p.m., ET.
                                                                                                          including comments to the information
                                                  Planning and Review), a determination
                                                                                                          collection requirements (described                        Information Collection Requirements:
                                                  must be made whether a regulatory
                                                                                                          under the section titled ‘‘Agency                      OSHA welcomes comments on the
                                                  action is significant and therefore,
                                                                                                          Determinations’’), hearing requests, and               information collection requirements
                                                  subject to review by the Office of
                                                                                                          other information by July 5, 2018. All                 contained in this rule on the same basis
                                                  Management and Budget (OMB) in
                                                                                                          submissions must bear a postmark or                    as for any other aspect of the rule.
                                                  accordance with the requirements of the
                                                                                                          provide other evidence of the date                     Interested parties may also submit
                                                  order. Executive Order 13563
                                                                                                          submitted.                                             comments about the information
                                                  (Improving Regulations and Regulatory
                                                                                                          ADDRESSES: Submit comments, hearing                    collection requirements directly to the
                                                  Review) directs executive agencies to
                                                                                                          requests, and other material, identified               Office of Information and Regulatory
                                                  analyze regulations that are ‘‘outmoded,
                                                                                                          by Docket No. OSHA–2007–0066, using                    Affairs, Attn: OMB Desk Officer for
                                                  ineffective, insufficient, or excessively
                                                                                                          any of the following methods:                          DOL–OSHA (RIN 1218–AC96), Office of
                                                  burdensome, and to modify, streamline,
                                                                                                             Electronically: Submit comments and                 Management and Budget, Room 10235,
                                                  expand, or repeal them in accordance
                                                                                                          attachments, as well as hearing requests               725 17th Street NW, Washington, DC
                                                  with what has been learned. Executive
                                                                                                          and other information, electronically at               20503, Fax: (202) 395–6881 (this is not
                                                  Order 13563 also directs that, where
                                                                                                          http://www.regulations.gov, the Federal                a toll-free number), email: OIRA_
                                                  relevant, feasible, and consistent with
                                                                                                          e-Rulemaking Portal. This docket may                   submission@omb.eop.gov. See
                                                  regulatory objectives, and to the extent
                                                                                                          include several Federal Register notices               Paperwork Reduction Act section of this
                                                  permitted by law, agencies are to
                                                                                                          for active rulemakings; therefore it is                preamble for particular areas of interest.
                                                  identify and consider regulatory
                                                  approaches that reduce burdens and                      necessary to select the correct notice, or                Instructions: All submissions must
                                                  maintain flexibility and freedom of                     its ID number, to submit comments for                  include the agency’s name, the title of
                                                  choice for the public. This ANPR was                    this rulemaking. After accessing the                   the rulemaking (Cranes and Derricks in
                                                  reviewed by OMB and determined to                       docket (OSHA–2007–0066), check the                     Construction: Operator Qualification),
                                                  likely result in a ‘‘significant regulatory             ‘‘proposed rule’’ box in the column                    and the docket number (OSHA–2007–
                                                  action,’’ as defined in section 3(f) of                 headed ‘‘Document Type,’’ find the                     0066). Absent copyright protections or
                                                  Executive Order 12866.                                  document posted on the date of                         other restrictions, OSHA will place
                                                                                                          publication of this document, and click                comments and other material, including
                                                    Dated: June 18, 2018.                                 the ‘‘Submit a Comment’’ link.                         any personal information, in the public
                                                  Anna Maria Farı́as,                                     Additional instructions for submitting                 docket without revision, and the
                                                  Assistant Secretary for Fair Housing and                comments are available on the http://                  comments and other material will be
                                                  Equal Opportunity.                                      www.regulations.gov homepage.                          available online at http://
                                                  [FR Doc. 2018–13340 Filed 6–18–18; 4:15 pm]                Facsimile: OSHA allows facsimile                    www.regulations.gov. Therefore,
                                                  BILLING CODE 4210–67–P                                  transmission of comments that are ten                  commenters should not submit
                                                                                                          pages or fewer in length (including                    statements they do not want made
                                                                                                          attachments). Fax these documents to                   available to the public, or submit
                                                  DEPARTMENT OF LABOR                                     the OSHA Docket Office at (202) 693–                   comments that contain personal
                                                                                                          1648. OSHA does not require                            information (either about themselves or
                                                  Occupational Safety and Health                          submission of hard copies of these                     others) such as Social Security
                                                  Administration                                          documents. For additional attachments                  Numbers, birth dates, and medical data.
                                                                                                          that supplement comments submitted                        Docket: To read or download
                                                  29 CFR Part 1926                                        by facsimile (e.g., studies, journal                   comments or other material in the
                                                  [Docket ID–OSHA–2007–0066]                              articles), commenters must submit these                electronic docket, go to http://
                                                                                                          attachments to the OSHA Docket Office,                 www.regulations.gov or to the OSHA
                                                  RIN 1218–AC96                                           Technical Data Center, Room N–3653,                    Docket Office at the above address.
                                                                                                          OSHA, U.S. Department of Labor, 200                    Some information submitted (e.g.,
                                                  Cranes and Derricks in Construction:                    Constitution Ave. NW, Washington, DC
                                                  Operator Qualification                                                                                         copyrighted material) is not available
                                                                                                          20210. These attachments must clearly
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                                                                                                                                                                 publicly to read or download through
                                                  AGENCY: Occupational Safety and Health                  identify the sender’s name, the date,                  this website. All submissions, including
                                                  Administration (OSHA), Labor.                           subject, and the docket number (OSHA–                  copyrighted material, are available for
                                                  ACTION: Notice of proposed rulemaking;                  2007–0066).                                            inspection at the OSHA Docket Office.
                                                  extension of public comment period.                        Regular mail, express delivery, hand                Contact the OSHA Docket Office for
                                                                                                          delivery, and messenger (courier)                      assistance in locating docket
                                                  SUMMARY: On May 21, 2018, OSHA                          service: Submit comments and any                       submissions.
                                                  published a notice of proposed                          additional material to the OSHA Docket
                                                  rulemaking (NPRM) titled ‘‘Cranes and                   Office, RIN No. 1218–AC86, Technical                   FOR FURTHER INFORMATION CONTACT:



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                                                                        Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules                                           28563

                                                     General information and press                          Signed at Washington, DC, on June 15,                submitted electronically through the
                                                  inquiries: Mr. Frank Meilinger, OSHA                    2018.                                                  http://www.regulations.gov website can
                                                  Office of Communications; telephone:                    Loren Sweatt,                                          be viewed by other commenters and
                                                  (202) 693–1999; email:                                  Deputy Assistant Secretary of Labor for                interested members of the public.
                                                  Meilinger.Francis2@dol.gov.                             Occupational Safety and Health.                           Mail: Send to Department of the
                                                     Technical inquiries: Mr. Vernon                      [FR Doc. 2018–13280 Filed 6–15–18; 4:15 pm]            Treasury, Attention: Laurie McGilvray,
                                                  Preston, Directorate of Construction;                   BILLING CODE 4510–26–P                                 Office of Gulf Coast Restoration, Office
                                                  telephone: (202) 693–2020; fax: (202)                                                                          of the Fiscal Assistant Secretary, Room
                                                  693–1689; email: preston.vernon@                                                                               2112; 1500 Pennsylvania Avenue NW,
                                                  dol.gov.                                                DEPARTMENT OF THE TREASURY                             Washington, DC 20220.
                                                     Copies of this Federal Register notice                                                                         In general, Treasury will post all
                                                  and news releases: Electronic copies of                 31 CFR Part 34                                         comments to http://www.regulations.gov
                                                  these documents are available at                                                                               without change, including any business
                                                                                                          RIN 1505–AC55
                                                  OSHA’s web page at http://                                                                                     or personal information provided, such
                                                  www.osha.gov.                                           Regulations for the Gulf Coast                         as names, addresses, email addresses, or
                                                  SUPPLEMENTARY INFORMATION:                              Restoration Trust Fund                                 telephone numbers. All comments
                                                                                                                                                                 received, including attachments and
                                                  I. Extension of the Comment Period                      AGENCY:  Office of the Fiscal Assistant                other supporting materials, will be part
                                                     On May 21, 2018, OSHA published a                    Secretary, Treasury.                                   of the public record and subject to
                                                  NPRM titled ‘‘Cranes and Derricks in                    ACTION: Notice of proposed rulemaking.                 public disclosure. You should submit
                                                  Construction: Operator Qualification’’                                                                         only information that you wish to make
                                                                                                          SUMMARY:    The Department of the                      publicly available.
                                                  (83 FR 23534). In the NPRM, OSHA
                                                                                                          Treasury (Treasury) proposes to amend                  FOR FURTHER INFORMATION CONTACT: The
                                                  proposed to amend 29 CFR part 1926,
                                                                                                          its rules to revise the method by which                Office of Gulf Coast Restoration at
                                                  subpart CC, to revise sections that
                                                                                                          the statutory three percent limitation on              restoreact@treasury.gov, or Laurie
                                                  address crane operator training,
                                                                                                          administrative costs (referred to                      McGilvray at 202–622–7340.
                                                  certification/licensing, and competency.
                                                                                                          throughout this notice of proposed
                                                  The purpose of these amendments are                                                                            SUPPLEMENTARY INFORMATION:
                                                                                                          rulemaking (NPRM) as the ‘‘three
                                                  to: require comprehensive training of
                                                                                                          percent administrative cost cap’’) is                  I. Background
                                                  operators; remove certification by
                                                                                                          applied under the Direct Component,                       The RESTORE Act (33 U.S.C. 1321(t)
                                                  capacity from certification
                                                                                                          Comprehensive Plan Component, and                      and note) makes funds available for the
                                                  requirements; clarify and permanently
                                                                                                          Spill Impact Component under the                       ecological and economic restoration of
                                                  extend the employer duty to evaluate
                                                                                                          Resources and Ecosystem Sustainability,                the Gulf Coast Region, and certain
                                                  potential operators for their ability to
                                                                                                          Tourist Opportunities, and Revived                     programs with respect to the Gulf of
                                                  safely operate equipment covered by
                                                                                                          Economies of the Gulf Coast States Act                 Mexico, through a trust fund in the
                                                  subpart CC; and require documentation
                                                                                                          of 2012 (RESTORE Act or Act). This                     Treasury of the United States known as
                                                  of that evaluation.
                                                                                                          proposed amendment will help ensure                    the Gulf Coast Restoration Trust Fund
                                                     The public comment period for this
                                                                                                          that the Gulf Coast states and localities              (trust fund). The trust fund holds 80
                                                  NPRM was to conclude on June 20,
                                                                                                          have the necessary funding to efficiently              percent of the administrative and civil
                                                  2018, 30 days after publication of the
                                                                                                          and effectively oversee and manage                     penalties paid under the Federal Water
                                                  NPRM. However, OSHA received
                                                                                                          projects and programs for ecological and               Pollution Control Act after July 6, 2012
                                                  requests from stakeholders for an
                                                                                                          economic restoration of the Gulf Coast                 in connection with the Deepwater
                                                  extension of the public comment period
                                                                                                          Region while ensuring compliance with                  Horizon Oil Spill.
                                                  (OSHA–2007–0066–0683 and –0693).
                                                                                                          the statutory three percent                               Treasury administers two of the five
                                                  These requests state that, given the
                                                                                                          administrative cost cap. It does not                   components established by the Act, the
                                                  complexity and significance of this
                                                                                                          change the definition of ‘‘administrative              Direct Component and Centers of
                                                  NPRM, more time for submitting
                                                                                                          costs’’ or the indirect cost                           Excellence Research Grants Program.
                                                  comments was necessary to gather
                                                                                                          reimbursement calculation on an                        The Act also established an
                                                  information from members of the
                                                                                                          individual federal grant using the                     independent Federal entity, the Gulf
                                                  organizations and develop meaningful
                                                                                                          negotiated indirect cost rate agreement                Coast Ecosystem Restoration Council
                                                  comments.
                                                                                                          (NICRA) or de minimis rate.                            (Council), to administer two
                                                     OSHA agrees to an extension and
                                                  believes that a 15 day extension of the                 DATES: Written comments on this NPRM                   components of the Act, the
                                                  public comment period is a sufficient                   must be received on or before: July 20,                Comprehensive Plan Component and
                                                  amount of time to address these                         2018.                                                  the Spill Impact Component. The
                                                  concerns in light of the short period of                ADDRESSES: Treasury invites comments                   National Oceanic and Atmospheric
                                                  time remaining before the deadline for                  on the topic addressed in this NPRM.                   Administration (NOAA) administers
                                                  crane operator certification. Therefore,                Comments may be submitted by any of                    one component, the NOAA RESTORE
                                                  the public comment period will now                      the following methods:                                 Act Science Program. This NPRM only
                                                  conclude July 5, 2018. Comments can be                     Electronic Submission of Comments:                  affects grants under the Direct
                                                  submitted by following the procedures                   Interested persons may submit                          Component, Comprehensive Plan
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                                                  listed under ADDRESSES section of this                  comments electronically through the                    Component, and Spill Impact
                                                  notice.                                                 Federal eRulemaking Portal at http://                  Component of the Act, which are
                                                                                                          www.regulations.gov. Electronic                        collectively referred to throughout the
                                                  List of Subjects in 29 CFR Part 1926                    submission of comments allows the                      NPRM as the three ‘‘components.’’
                                                    Certification, Construction industry,                 commenter maximum time to prepare                         On December 14, 2015, Treasury
                                                  Cranes, Derricks, Occupational safety                   and submit a comment, ensures timely                   promulgated a final rule on the
                                                  and health, Qualification, Safety,                      receipt, and enables Treasury to make                  RESTORE Act, 80 FR 77239, which
                                                  Training.                                               them available to the public. Comments                 became effective on February 12, 2016.


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Document Created: 2018-06-20 00:19:14
Document Modified: 2018-06-20 00:19:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking; extension of public comment period.
DatesComments: The comment period for the proposed rule published in the Federal Register on May 21, 2018 (83 FR 23534), is extended. Submit comments to the proposed rule, including comments to the information collection requirements (described under the section titled ``Agency Determinations''), hearing requests, and other information by July 5, 2018. All submissions must bear a postmark or provide other evidence of the date submitted.
ContactGeneral information and press inquiries: Mr. Frank Meilinger, OSHA Office of Communications; telephone: (202) 693-1999; email: [email protected]
FR Citation83 FR 28562 
RIN Number1218-AC96
CFR AssociatedCertification; Construction Industry; Cranes; Derricks; Occupational Safety and Health; Qualification; Safety and Training

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