83_FR_36653 83 FR 36507 - Information Collection Request; Cranes and Derricks in Construction: Operator Qualification

83 FR 36507 - Information Collection Request; Cranes and Derricks in Construction: Operator Qualification

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 83, Issue 146 (July 30, 2018)

Page Range36507-36509
FR Document2018-15687

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.

Federal Register, Volume 83 Issue 146 (Monday, July 30, 2018)
[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Proposed Rules]
[Pages 36507-36509]
From the Federal Register Online  [www.thefederalregister.org]
[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: 
[email protected].

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

[[Page 36508]]

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.

[[Page 36509]]

    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



                                                                           Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Proposed Rules                                             36507

                                                 section, then the enterprise or corporate                this document ‘‘Information Collection                  to evaluate potential operators for their
                                                 office may collect and electronically                    Request; Cranes and Derricks in                         ability to safely operate equipment
                                                 submit the information for the                           Construction: Operator Qualification,’’                 covered by subpart CC; and require
                                                 establishment(s).                                        and the OSHA docket number for this                     documentation of that evaluation.
                                                 *     *     *    *     *                                 document (OSHA–2018–0009). All                             The proposed rule provided the
                                                 [FR Doc. 2018–16059 Filed 7–27–18; 8:45 am]              comments, including any personal                        public 30 days to comment on the
                                                 BILLING CODE 4510–26–P                                   information you provide, are placed in                  proposed regulations including the
                                                                                                          the public docket without change, and                   information collection requirements
                                                                                                          may be made available online at http://                 contained in the proposed rule. Under
                                                 DEPARTMENT OF LABOR                                      www.regulations.gov. For further                        the Paperwork Reduction Act (the PRA),
                                                                                                          information on submitting comments,                     Federal agencies are required to publish
                                                 Occupational Safety and Health                           see the ‘‘Public Participation’’ heading                a notice in the Federal Register
                                                 Administration                                           in the section of this document titled                  concerning each proposed information
                                                                                                          SUPPLEMENTARY INFORMATION. Because of                   collection requirement and to allow 60
                                                 29 CFR Part 1926                                         security procedures, the use of regular                 days for public comment on those
                                                 [Docket ID–OSHA–2018–0009]                               mail may cause a significant delay in                   requirements (44 U.S.C. 3506(c)(2)(A);
                                                                                                          the receipt of comments. For                            see also 5 CFR 1320.8(d)(1)).
                                                 RIN 1218–AC96                                                                                                    Accordingly this document allows the
                                                                                                          information about security procedures
                                                                                                          concerning the delivery of materials by                 public an additional 30 days, as
                                                 Information Collection Request;                                                                                  required by the PRA, to comment on the
                                                 Cranes and Derricks in Construction:                     hand, express delivery, messenger, or
                                                                                                          courier service, please contact the                     information collection requirements
                                                 Operator Qualification                                                                                           contained in the proposed rule.
                                                                                                          OSHA Docket Office at (202) 693–2350;
                                                 AGENCY:  Occupational Safety and Health                  TTY (877) 889–5627.                                        Concurrent with publication of the
                                                 Administration (OSHA), Labor.                               Docket: To read or download                          proposed rule, OSHA submitted the
                                                 ACTION: Proposed rule, limited                           comments or other material in the                       new Cranes and Derricks in
                                                 reopening of comment period.                             docket, go to http://www.regulations.gov                Construction Standard (29 CFR part
                                                                                                          or the OSHA Docket Office at the above                  1926, subpart CC): Operator
                                                 SUMMARY:   OSHA is providing the public                  address. All documents in the docket                    Qualification Information Collection
                                                 an additional 30 days to comment on                      (including this Federal Register                        Request (ICR) to the Office of
                                                 only the information collection                          document) are listed in the http://                     Management and Budget (OMB) for
                                                 requirements contained in the proposed                   www.regulations.gov index; however,                     review with a request for a new control
                                                 updates to its standard for cranes and                   some information (e.g., copyrighted                     number (ICR Reference Number
                                                 derricks in construction published on                    material) is not publicly available to                  201710–1218–002). If a final rule is
                                                 May 21, 2018.                                            read or download through the website.                   published, OSHA will submit the final
                                                 DATES: The comment period for only the                   All submissions, including copyrighted                  ICR for the final Cranes and Derricks in
                                                 information collection requirements                      material, are available for inspection at               Construction Standard: Operator
                                                 published on May 21, 2018 at 83 FR                       the OSHA Docket Office.                                 Qualification to OMB for approval. If
                                                 23534, is reopened. Comments must be                                                                             the final ICR is approved, OSHA will
                                                                                                          FOR FURTHER INFORMATION CONTACT: Mr.
                                                 submitted (postmarked, sent, or                                                                                  request to amend the comprehensive
                                                                                                          Vernon Preston, Directorate of                          Cranes and Derricks in Construction
                                                 received) by August 29, 2018.
                                                                                                          Construction; telephone: (202) 693–                     Information Collection (OMB control
                                                 ADDRESSES:                                               2020; fax: (202) 693–1689; email:
                                                   Electronically: You may submit                                                                                 number 1218–0261) to incorporate the
                                                                                                          preston.vernon@dol.gov.                                 ICR analysis associated with the final
                                                 comments and attachments
                                                                                                          SUPPLEMENTARY INFORMATION:                              Cranes and Derricks in Construction
                                                 electronically at http://
                                                 www.regulations.gov, which is the                        A. Background                                           Standard: Operator Qualification and to
                                                 Federal eRulemaking Portal. Follow the                                                                           discontinue the new control number.
                                                                                                             OSHA published a notice of proposed                     The purpose of the PRA, 44 U.S.C.
                                                 instructions online for submitting
                                                                                                          rulemaking ‘‘Cranes and Derricks in                     3501 et seq., includes enhancing the
                                                 comments.
                                                   Facsimile: If your comments,                           Construction: Operator Qualification’’                  quality and utility of information the
                                                 including attachments, are not longer                    (the NPRM or the proposed rule) on                      Federal government requires and
                                                 than 10 pages you may fax them to the                    May 21, 2018, in the Federal Register                   minimizing the paperwork and
                                                 OSHA Docket Office at (202) 693–1648.                    (83 FR 23534) proposing regulations to                  reporting burden on affected entities.
                                                   Regular mail, express delivery, hand                   update the standard for cranes and                      The PRA requires certain actions before
                                                 delivery, and messenger (courier)                        derricks in construction. In the NPRM,                  an agency can adopt or revise a
                                                 service: When using this method, you                     OSHA proposes to amend 29 CFR 1926,                     collection of information requirement
                                                 must submit a copy of your comments                      subpart CC to revise sections that                      (also referred to as a ‘‘paperwork’’ or
                                                 and attachments to the OSHA Docket                       address crane operator training,                        ‘‘information collection’’ requirement),
                                                 Office, Docket No. OSHA–2018–0009,                       certification/licensing,1 and                           including publishing a summary of the
                                                 Occupational Safety and Health                           competency. The purpose of these                        information collection requirements and
                                                 Administration, U.S. Department of                       amendments are to: Require                              a brief description of the need for, and
                                                 Labor, Room N–3653, 200 Constitution                     comprehensive training of operators;                    proposed use of, the information. The
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 Avenue NW, Washington, DC 20210.                         remove certification by capacity from                   PRA defines ‘‘collection of information’’
                                                 Deliveries (hand, express mail,                          certification requirements; clarify and                 as ‘‘the obtaining, causing to be
                                                 messenger, and courier service) are                      permanently extend the employer duty                    obtained, soliciting, or requiring the
                                                 accepted during the OSHA Docket                                                                                  disclosure to third parties or the public,
                                                                                                             1 The term ‘‘certification/licensing’’ covers each
                                                 Office’s normal business hours, 10:00                                                                            of facts or opinions by or for an agency,
                                                                                                          of the certification options in the proposed rule
                                                 a.m. to 3:00 p.m., ET.                                   (third-party certification or an audited employer
                                                                                                                                                                  regardless of form or format.’’ (44 U.S.C.
                                                   Instructions: All submissions must                     certification program) as well as state or local        3502(3)(A)). Under the PRA, a Federal
                                                 include the agency name, the title of                    operator licensing requirements.                        agency may not conduct or sponsor a


                                            VerDate Sep<11>2014   17:47 Jul 27, 2018   Jkt 244001   PO 00000   Frm 00032   Fmt 4702   Sfmt 4702   E:\FR\FM\30JYP1.SGM   30JYP1


                                                 36508                     Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Proposed Rules

                                                 collection of information, and the public                rule. Particularly, comments are sought               safely operate the equipment that will
                                                 is not required to respond to a collection               by OSHA to:                                           be used, before the employer permits an
                                                 of information, unless it is approved by                    • Evaluate whether the proposed                    individual to operate equipment
                                                 OMB and displays a currently valid                       information collection requirements are               covered by subpart CC without
                                                 OMB control number (44 U.S.C. 3507).                     necessary for the proper performance of               continuous monitoring. The proposed
                                                 Also, notwithstanding any other                          the agency’s functions, including                     new approach provides a clearer
                                                 provisions of law, no person shall be                    whether the information will have                     structure than the existing standard,
                                                 subject to penalty for failing to comply                 practical utility;                                    which was not designed to
                                                 with a collection of information if the                     • Evaluate the accuracy of OSHA’s                  accommodate both certification and
                                                 collection of information does not                       estimate of the time and cost burden of               evaluation.
                                                 display a currently valid OMB control                    the proposed information collection
                                                                                                          requirements, including the validity of               Proposed Section 1926.1427(c)—
                                                 number (44 U.S.C. 3512).
                                                                                                          the methodology and assumptions used;                 Certification and Licensing
                                                 B. Desired Focus of Comments                                • Enhance the quality, utility, and                   Under paragraph (c), the employer
                                                   The ‘‘Cranes and Derricks in                           clarity of the information to be                      must ensure that each operator is
                                                 Construction: Operator Qualification’’                   collected; and                                        certified or licensed to operate the
                                                 proposed rule would establish new                           • Minimize the burden of the                       equipment. Proposed paragraph (c)
                                                 information collection requirements.                     information collection requirements on                retains the certification and licensing
                                                 The NPRM would also modify a small                       those who are to respond, including                   structure of the existing standard with
                                                 number of information collection                         through the use of appropriate                        only a few minor modifications
                                                 requirements in the existing Cranes and                  automated, electronic, mechanical, or                 intended to improve comprehension of
                                                 Derricks in Construction Standard (29                    other technological collection                        certification/licensing requirements. For
                                                 CFR part 1926, subpart CC) Information                   techniques or other forms of information              example, OSHA proposes to remove the
                                                 Collection (IC) approved by OMB.                         technology, e.g., permitting electronic               somewhat misleading reference to an
                                                 OSHA submitted a new ICR (that                           submission of responses.                              ‘‘option’’ with respect to mandatory
                                                 modifies the existing Cranes and                            A copy of the ICR for the proposed
                                                                                                                                                                compliance with existing state and local
                                                 Derricks in Construction package) to                     rule, with applicable supporting
                                                                                                                                                                licensing requirements that meet the
                                                 OMB to reflect the NPRM’s new or                         documentation, including a description
                                                                                                                                                                minimum requirements under federal
                                                 revised information collection                           of the likely respondents, estimated
                                                                                                                                                                law.
                                                 requirements.                                            frequency of response, and estimated
                                                                                                          total burden, may be obtained free of                 Proposed Section 1926.1427(d)—
                                                   Some of these revisions, if adopted,
                                                                                                          charge from the RegInfo.gov website at:               Certification by an Accredited Crane
                                                 would result in changes to the existing
                                                                                                          http://www.reginfo.gov/public/do/                     Operator Testing Organization
                                                 burden hour and/or cost estimates
                                                                                                          PRAViewICR?ref_nbr=201710-1218-002
                                                 associated with the current, OMB-                                                                                 Proposed paragraph (d) retains the
                                                                                                          or contact Vernon Preston at (202) 693–
                                                 approved information collection                                                                                requirements of existing § 1926.1427(b),
                                                                                                          2020 to obtain a copy of the ICR.
                                                 requirements contained in the Cranes                                                                           except that the proposed rule removes
                                                 and Derricks in Construction Standard                    C. Proposed Revisions to the                          the requirement for certification by
                                                 Information Collection. Other revisions                  Information Collection Requirements                   capacity of crane, as required in existing
                                                 would not change burden hour or cost                       As required by 5 CFR 1320.5(a)(1)(iv)               paragraph (b)(1)(ii)(B) and (b)(2). The
                                                 estimates, but would substantively                       and 1320.8(d)(1), OSHA is providing the               need for this change is explained in the
                                                 modify language contained in the                         following summary information about                   ‘‘Need for a Rule’’ section of the NPRM.
                                                 currently OMB-approved ICR. Still                        the information collection requirements               The proposed rule also makes some
                                                 others would revise existing standard                    identified in the NPRM. The proposed                  non-substantive language clarifications.
                                                 provisions that are not information                      rule creates new information collection               Compliance with the requirements of
                                                 collection requirements, will not change                 requirements and modifies approved                    proposed paragraph (d) is the option
                                                 burden hour or cost estimates, and will                  information collection requirements in                that OSHA expects the vast majority of
                                                 not modify any language in the ICR.                      the existing ‘‘Cranes and Derricks in                 employers to use.
                                                 This document summarizes the first two                   Construction Standard’’ Information                   Proposed Section 1926.1427(f)—
                                                 categories to ensure that the ICR reflects               Collection. The major differences in the              Evaluation
                                                 the updated regulatory text, but does not                information collection requirements
                                                 summarize or seek comment on the last                    contained in the proposed rule from the                 Proposed paragraph (f) sets out new
                                                 category of revisions that are not related               information collection requirements                   specific requirements that employers
                                                 to information collections. In addition,                 currently approved in the Information                 must follow to conduct an operator
                                                 this document does not address the                       Collection are discussed below and in                 evaluation and reevaluation, including
                                                 proposed provisions that are                             more specific detail in Section III:                  documentation requirements. Proposed
                                                 substantively unchanged from the                         Summary and Explanation of the                        paragraph (f)(4) requires the employer to
                                                 current, OMB-approved information                        Proposed Amendments to Subpart CC of                  document the evaluation of each
                                                 collection requirements. Discussion and                  the NPRM.                                             operator and to ensure that the
                                                 justification of these provisions can be                                                                       documentation is available at the
                                                 found in the preamble to the final crane                 Proposed Section 1926.1427(a)—                        worksite. This paragraph also specifies
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                                                 standard (75 FR 48017) and also in the                   Operator Training, Certification, and                 the information that the documentation
                                                 Supporting Statements for the proposed                   Evaluation                                            would need to include: The operator’s
                                                 rule (83 FR 23534) as well as the                          The introductory text in proposed                   name, the evaluator’s name, the date of
                                                 approved Information Collection.                         paragraph (a) sets out the employer’s                 the evaluation, and the make, model
                                                   The agency solicits comments on the                    responsibility to ensure that each                    and configuration of the equipment on
                                                 Cranes and Derricks Standard                             operator is certified/licensed in                     which the operator was evaluated.
                                                 information collection requirements as                   accordance with subpart CC, and is                    However, the documentation would not
                                                 they would be revised by the proposed                    evaluated on his or her competence to                 need to be in any particular format.


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                                                                           Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Proposed Rules                                                    36509

                                                    Under the NPRM, not all operators                       Total Estimated Number of Annual                    ACTION:   Proposed rule; modified.
                                                 exempted from certification                              Burden Hours: 4,773.
                                                 requirements would also be exempted                        Response Frequency: Various.                        SUMMARY:    The Copyright Royalty Judges
                                                 from the evaluation requirements.                          Total Number of Annual Other Costs                  (Judges) publish for comment modified
                                                 Proposed § 1926.1427(a)(2) continues                     Burden: $71.                                          proposed regulations to require affected
                                                 the existing exemption from the training                                                                       cable systems to pay a separate per-
                                                                                                          D. Public Participation—Submission of                 telecast royalty (a Sports Surcharge) in
                                                 and certification requirements in that                   Comments on This Document and
                                                 section for operators of three types of                                                                        addition to the other royalties that those
                                                                                                          Internet Access to Comments and                       cable systems must pay under Section
                                                 equipment: Derricks, sideboom cranes,                    Submissions
                                                 and equipment with a maximum                                                                                   111 of the Copyright Act.
                                                 manufacturer-rated hoisting/lifting                        The agency encourages commenters to                 DATES: Comments and objections are
                                                 capacity of 2,000 pounds or less. In the                 submit their comments related to the                  due no later than August 29, 2018.
                                                 current crane standard, these three types                agency’s clarification of the information             ADDRESSES: You may submit comments
                                                 of equipment are exempt from all of the                  collection requirements to the docket for
                                                                                                                                                                and objections, identified by docket
                                                                                                          this document (Docket Number OSHA–
                                                 requirements in § 1926.1427 as the                                                                             number 17–CRB–0001–BER (2019–
                                                                                                          2018–0009). For instructions on
                                                 result of language in § 1926.1427(a) and                                                                       2023), by any of the following methods:
                                                                                                          submitting these comments to the                         CRB’s electronic filing application:
                                                 specific exemptions in §§ 1926.1436(q),
                                                                                                          docket for this document, see the
                                                 1440(a), and 1441(a). The proposed rule                                                                        Submit comments online in eCRB at
                                                                                                          sections of this Federal Register
                                                 would not, however, exempt employers                                                                           https://app.crb.gov/.
                                                                                                          document titled DATES and ADDRESSES.                     U.S. mail: Copyright Royalty Board,
                                                 from the requirements in § 1926.1427(f)
                                                                                                          Please note that comments on the                      P.O. Box 70977, Washington, DC 20024–
                                                 to evaluate the potential operators of
                                                                                                          information collection requirements                   0977; or
                                                 those types of equipment to ensure that
                                                                                                          already submitted to the agency in                       Overnight service (only USPS Express
                                                 they have sufficient knowledge and
                                                                                                          response to the NPRM will be                          Mail is acceptable): Copyright Royalty
                                                 skills to perform the assigned tasks with
                                                                                                          considered; the public need not                       Board, P.O. Box 70977, Washington, DC
                                                 the assigned equipment. Accordingly,                     resubmit those comments in response to
                                                 OSHA proposes to preserve the                                                                                  20024–0977; or
                                                                                                          this solicitation. (See: https://                        Commercial courier: Address package
                                                 evaluation requirements through the                      www.regulations.gov/document?D=
                                                 revision of the language in                                                                                    to: Copyright Royalty Board, Library of
                                                                                                          OSHA-2007-0066-0679.) Please also                     Congress, James Madison Memorial
                                                 § 1926.1427(a) and corresponding edits                   note that the docket for this document,
                                                 to narrow the exemptions in                                                                                    Building, LM–403, 101 Independence
                                                                                                          Docket Number OSHA–2018–0009,                         Avenue SE, Washington, DC 20559–
                                                 §§ 1926.1436(q), 1440(a), and 1441(a).                   exists solely to collect comments on the              6000. Deliver to: Congressional Courier
                                                 Proposed Section 1926.1427(h)—                           information collection requirements in                Acceptance Site, 2nd Street NE and D
                                                 Language and Literacy                                    the NPRM. The NPRM and the other                      Street NE, Washington, DC; or
                                                                                                          relevant documents for that rulemaking                   Hand delivery: Library of Congress,
                                                   Existing § 1926.1427(h) allows
                                                                                                          are in Docket Number OSHA–2007–                       James Madison Memorial Building, LM–
                                                 operators to be certified in a language
                                                                                                          0066, available on http://                            401, 101 Independence Avenue SE,
                                                 other than English, provided that the
                                                                                                          www.regulations.gov.                                  Washington, DC 20559–6000.
                                                 operator understands that language.
                                                 Proposed paragraph (h) is nearly                         E. Authority and Signature                               Instructions: Unless submitting
                                                 identical to existing paragraph (h) with                   Loren Sweatt, Deputy Assistant                      online, commenters must submit an
                                                 the exception that it removes the                        Secretary of Labor for Occupational                   original, two paper copies, and an
                                                 reference to the existing qualification                  Safety and Health, directed the                       electronic version on a CD. All
                                                 language in paragraph (b)(2), which has                  preparation of this document. The                     submissions must include a reference to
                                                 been replaced.                                           authority for this document is the                    the CRB and this docket number. All
                                                                                                          Paperwork Reduction Act of 1995 (44                   submissions will be posted without
                                                 Proposed Sections 1926.1436(q)—                                                                                change to eCRB at https://app.crb.gov/
                                                 Derricks, 1926.1440(a)—Sideboom                          U.S.C. 3506 et seq.) and Secretary of
                                                                                                          Labor’s Order No. 1–2012 (77 FR 3912).                including any personal information
                                                 Cranes, and 1926.1441(a)—Equipment                                                                             provided.
                                                 With a Rated Hoisting/Lifting Capacity                     Signed at Washington, DC, on July 17,                  Docket: For access to the docket to
                                                 of 2,000 Pounds or Less                                  2018.                                                 read submitted background documents
                                                                                                          Loren Sweatt,                                         or comments, go to eCRB, the Copyright
                                                   As discussed earlier, OSHA proposed
                                                 to amend paragraphs §§ 1926.1436(q),                     Deputy Assistant Secretary of Labor for               Royalty Board’s electronic filing and
                                                                                                          Occupational Safety and Health.                       case management system, at https://
                                                 1926.1440(a), and 1926.1441(a) to
                                                 ensure that the evaluation requirements                  [FR Doc. 2018–15687 Filed 7–27–18; 8:45 am]           app.crb.gov/ and search for docket
                                                 in § 1926.1427(f) apply to employers                     BILLING CODE 4510–26–P                                number 15–CRB–0010–CA–S.
                                                 using derricks, sideboom cranes, and                                                                           FOR FURTHER INFORMATION CONTACT:
                                                 equipment with a rated capacity of                                                                             Anita Blaine, CRB Program Specialist,
                                                 2,000 pounds or less.                                    LIBRARY OF CONGRESS                                   by telephone at (202) 707–7658 or email
                                                   Type of Review: New.                                                                                         at crb@loc.gov.
                                                                                                          Copyright Royalty Board
                                                   Agency: DOL–OSHA.                                                                                            SUPPLEMENTARY INFORMATION: On July 2,
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                                                   Title: Cranes and Derricks in                          37 CFR Part 387                                       2018, the Copyright Royalty Judges
                                                 Construction: Operator Qualification.                                                                          (Judges) received a motion from the
                                                   ICR Reference Number: 201710–1218–                     [Docket No. 15–CRB–0010–CA–S]                         Joint Sports Claimants (JSC),1 the
                                                 002.
                                                                                                          Adjustment of Cable Statutory License                   1 The Joint Sports Claimants are the Office of the
                                                   Total Estimated Number of
                                                                                                          Royalty Rates                                         Commissioner of Baseball, the National Football
                                                 Annualized Respondents: 117,130.                                                                               League, the National Basketball Association, the
                                                   Total Estimated Number of                              AGENCY:  Copyright Royalty Board,                     Women’s National Basketball Association, the
                                                 Annualized Responses: 75,591.                            Library of Congress.                                                                              Continued




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Document Created: 2018-07-28 01:43:48
Document Modified: 2018-07-28 01:43:48
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
ActionProposed rule, limited reopening of comment period.
DatesThe 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.
ContactMr. Vernon Preston, Directorate of Construction; telephone: (202) 693-2020; fax: (202) 693-1689; email: [email protected]
FR Citation83 FR 36507 
RIN Number1218-AC96

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