[Federal Register Volume 66, Number 137 (Tuesday, July 17, 2001)]
[Rules and Regulations]
[Pages 37137-37139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17944]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

RIN 1218-AA65


Safety Standards for Steel Erection

AGENCY: Occupational Safety and Health Administration (OSHA), U.S. 
Department of Labor.

ACTION: Final rule; delay of effective date.

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SUMMARY: By this document the Occupational Safety and Health

[[Page 37138]]

Administration (OSHA) revises the effective date of the new final rule 
for steel erection, Subpart R of 29 CFR Part 1926, which was published 
on January 18, 2001. The original effective date was to be July 18, 
2001. Since publication of the standard, however, employers have 
contacted OSHA with a wide range of questions regarding whether, and 
how, the standard will be applied to projects that are in various 
stages of completion as of July 18, 2001. Specifically, employers have 
expressed concerns about their ability to comply with the new standard 
by that date, particularly with regard to provisions that address 
construction safety design aspects of structural components. To address 
these problems, and to allow additional time for the Agency to explain 
the new standard to the affected industry, the effective date of the 
standard is changed to January 18, 2002.

DATES: The effective date of the amendments to 29 CFR part 1926 
published on January 18, 2001 at 66 FR 5196 is delayed from July 18, 
2001 until January 18, 2002.

FOR FURTHER INFORMATION CONTACT: Office of Public Affairs, Room N-3647, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Ave., N.W., Washington, DC 20210; telephone: 
(202) 693-1999.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 18, 2001 (66 FR 5196) OSHA published a final safety 
standard for steel erection, with an effective date of July 18, 2001. A 
number of provisions in the final rule address the safety of certain 
structural components. These provisions (``component requirements'') 
contain requirements for these components to help ensure that the 
structure can be erected safely. For example, there are provisions that 
prohibit shear connectors on members before they are erected 
(Sec. 1926.754(c)(1)(i)); require all columns to be anchored by a 
minimum of 4 anchor bolts, which must meet specified strength 
requirements (Sec. 1926.755(a)) (there is a comparable requirement for 
systems-engineered metal buildings, Sec. 1926.758(b)); set requirements 
for double connections (Sec. 1926.756(c)(1)) (there is a comparable 
requirement for systems-engineered metal buildings Sec. 1926.758(e)); 
require column splices to be at a specified height and meet a strength 
requirement (Sec. 1926.756(d)); require perimeter columns to have holes 
or other devices for perimeter safety cables (Sec. 1926.756(e)); in 
some instances require a vertical stabilizer plate to stabilize steel 
joists (Sec. 1926.757(a)(1)(i)); require certain joists to be strong 
enough to allow one employee to release the hoisting cable without the 
need for erection bridging (Sec. 1926.757(a)(3)), and require certain 
joists to be fabricated to allow for field bolting during erection 
(Sec. 1926.757(a)(8)(i)).
    On January 20, 2001, Andrew H. Card, Jr., the Assistant to the 
President and Chief of Staff, issued a memorandum entitled ``Regulatory 
Review Plan'' (66 FR 7702). The memorandum directed that, with respect 
to regulations published in the Federal Register that had not yet taken 
effect, agencies were to temporarily postpone the effective date of the 
regulations for 60 days, subject to certain exceptions.
    Since publication of the standard, a number of employers in the 
steel erection industry have asked whether the final rule will be 
applied to projects in various stages of completion as of the effective 
date. For example, they have asked if and how the standard will apply 
to a steel erection project when: (1) The project was designed before 
July 18, 2001; (2) the structural components were fabricated before 
that date and do not meet the requirements in the final rule, and (3) 
the steel erection work for the project began before that date and 
construction is continuing afterwards.

II. New Effective Date

    These questions have highlighted a need to give the industry 
additional time to comply with the final rule. As explained below, we 
believe that changing the effective date to January 18, 2002 will give 
the industry sufficient time to adjust to the new requirements.
    Based on information available to the Agency, we understand that, 
while the design of structural components can be changed, some time is 
necessary to make changes needed to conform to the final rule's 
requirements. Components are typically fabricated 2 or 3 months prior 
to being erected. Not only would it be very costly to have to re-
fabricate components that were already-made, such re-fabrication would 
cause serious delays to the project, affecting all the trades involved. 
The new effective date will give an additional 6 months to facilitate 
these changes. The additional 6 months should ensure that re-
fabrication of already made components will be unnecessary. In 
addition, there will be additional time for the Agency to conduct 
outreach activities on the new standard, in order to inform employers 
and employees of the requirements of the standard.

III. How The New Effective Date Will Be Applied to Component 
Requirements

    There are two situations that could cause significant confusion 
under the new standard: (1) Components used in steel erection projects 
that were designed before the final rule was published (January 18, 
2001), and for which a building permit was obtained prior to that date; 
and (2) components used in steel erection projects in which the steel 
erection work has begun before the final rule becomes effective 
(originally July 18, 2001, now to be January 18, 2002). We will apply 
the component requirements of the final rule to these situations as 
follows:

Building Permits Obtained Before January 18, 2001

    It is easier to alter a structural design before the building 
permit has been obtained, since changes prior to that point do not need 
as many reviews and approvals as are needed afterwards. Therefore, 
where a building permit was obtained before the final rule was 
published (January 18, 2001), the component requirements referred to 
above will not apply to the project.

Steel Erection Work Begins Before January 18, 2002

    It would be difficult, costly and confusing to begin to comply with 
the new component requirements to a project in which steel erection 
work has started under the previous steel erection standard. (For 
example, the column splice height on a lower floor affects the column 
splice height on successive floors. The new standard makes significant 
changes in this area.) Since the final rule was published on January 
18, 2001, employers have been on notice that the new standard's stated 
effective date was July 18, 2001, and they have been expected to make 
plans to meet the new requirements. However, on May 14, 2001, the 
Department published its Semi-Annual Regulatory Agenda (66 FR 25679), 
in which the effective date of the final rule was listed as September 
16, 2001. Since that publication, affected employers have expressed 
confusion as to when the final rule would actually go into effect.
    As of January 18, 2002, some steel erection projects will be partly 
completed. Since some employers may have been expecting the rule to go 
into effect on September 16, 2001 (rather than July 18, 2001), we will 
use that date to determine whether projects partially completed on 
January 18, 2002 will be subject to the component provisions in the 
final rule. In sum, the

[[Page 37139]]

component requirements of the final rule will not be applied to those 
projects if the steel erection had begun on or before September 16, 
2001.

IV. Further Guidance on Section 1926.757(a)(3)

    The Steel Joist Institute (SJI) has asked the Agency to delay 
implementation of Sec. 1926.757(a)(3) for two years. That provision 
requires that, ``where steel joists at or near columns span 60 feet 
(18.3m) or less, the joist shall be designed with sufficient strength 
to allow one employee to release the hoisting cable without the need 
for erection bridging.'' SJI has informed OSHA that they have 
encountered unanticipated problems in developing some of the longer 
joists that will meet this requirement. OSHA intends to address this 
issue separately.

Paperwork Reduction Act

    The information requirements of the steel erection standard have 
been approved under OMB Control Number 1218-0237. The present 
regulatory action delays the effective date of that standard and 
imposes no additional paperwork burdens.

Regulatory Flexibility Certification

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601), the 
Acting Assistant Secretary certifies that the delay in the effective 
date of the steel erection standard will not have a significant adverse 
impact on a substantial number of small entities.

Executive Order 12866

    The delay in the effective date of the steel erection standard is 
not a significant regulatory action for the purposes of Executive Order 
12866.

Exemption from Notice and Comment

    To the extent that 5 U.S.C. 553 applies to this action, the 
Secretary finds that good cause exists to exempt this action from 
notice and comment, and to make it effective immediately upon 
publication today in the Federal Register. 5 U.S.C. 553(b)(B), 553 
(d)(3).
    As discussed above, prior official statements may have left the 
regulated community uncertain about when it would need to comply with 
the steel erection rule. In the last several weeks, OSHA has received a 
significant number of inquiries manifesting this uncertainty. The rule 
is currently scheduled to take effect on July 18, and the regulated 
community has an immediate need to know its obligations under the 
standard. In addition, the additional time needed for notice and 
comment would add further uncertainty about compliance obligations 
during that period. Accordingly, the Agency has determined that there 
is good cause to dispense with notice and comment and to make this 
delay effective immediately.
    In summary, given the imminence of the effective date of the steel 
erection standard, seeking prior public comment on this delay is 
unnecessary and impracticable, as well as contrary to the public 
interest in the orderly promulgation and implementation of regulations.

Authority

    This document was prepared under the direction of R. Davis Layne, 
Acting Assistant Secretary for Occupational Safety and Health. It is 
issued under Section 107 of the Contract Work Hours and Safety 
Standards Act (Construction Safety Act) (40 U.S.C. 333), Sections 6 and 
8 of the Occupational Safety and Health Act (29 U.S.C. 655, 657), and 5 
U.S.C. 553.

    Issued at Washington, DC, this 13th day of July, 2001.
R. Davis Layne,
Acting Assistant Secretary of Labor.
[FR Doc. 01-17944 Filed 7-16-01; 8:45 am]
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