[Federal Register Volume 68, Number 128 (Thursday, July 3, 2003)]
[Proposed Rules]
[Pages 39877-39880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16870]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket No. S-030]
RIN 1218-AC01


Safety Standards for Cranes and Derricks

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

ACTION: Notice of final membership list for Negotiated Rulemaking 
Advisory Committee.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is 
issuing a final membership list of the Crane and Derrick Negotiated 
Rulemaking Advisory Committee (C-DAC).

COMMENTS: Written comments on the committee's proceedings may be 
submitted to the Crane and Derrick Negotiated Rulemaking Advisory 
Committee, Docket No. S-030, including additional materials and 
attachments, in any of three ways: hard copy, facsimile and electronic 
transmission.

ADDRESSES: Mail: You must submit three copies of your comments on 
committee proceedings and attachments to the OSHA Docket Office, Docket 
No. S-030, U.S. Department of Labor, Room N-2625, 200 Constitution 
Avenue, NW., Washington, DC 20210. The OSHA Docket Office and 
Department of Labor hours of operation are 8:15 a.m. to 4:45 p.m. Note 
that receipt of comments submitted by mail may be delayed by several 
weeks.
    Facsimile (FAX): If your comments, including any attachments, are 
10 pages or fewer, you may fax them to the OSHA Docket Office, Docket 
No. S-030, at (202) 693-1648.
    Electronic transmission: You may submit comments through the 
Internet at http://ecomments.osha.gov.
    Please note that you cannot attach materials, such as studies or 
journal

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articles, to electronic comments. If you have additional materials, you 
must submit three copies of them to the OSHA Docket Office at the 
address above. The additional materials must clearly identify your 
electronic comments by name, date, subject and docket number so we can 
attach the materials to your electronic comments.
    All comments and submissions will be available for inspection and 
copying at the OSHA Docket Office at the address above. Comments and 
submissions posted on OSHA's Webpage are available at www.osha.gov. 
Please do not include personal information (such as social security 
numbers and birth dates) in submissions. Contact the OSHA Docket Office 
at (202)-693-2350 for information about materials not available through 
the OSHA Webpage and for assistance in using the Webpage to locate 
docket submissions.

FOR FURTHER INFORMATION CONTACT: For general information and press 
inquiries, contact Ms. Bonnie Friedman, OSHA, Office of Public Affairs, 
Room N-3647, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210; telephone (202) 693-1900. For technical inquiries 
contact Mr. Michael Buchet, OSHA, Office of Construction Standards and 
Guidance, Room N-3468, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210; telephone (202) 693-2020. For 
additional copies of this Federal Register notice, contact OSHA, Office 
of Publications, Room N-3101, U.S. Department of Labor, 200 
Constitution Avenue, NW, Washington, DC 20210; telephone (202) 693-
1888. Electronic copies of this Federal Register notice, as well as 
news releases and other relevant documents, are available at OSHA's web 
page on the Internet at http://www.osha.gov.
    The C-DAC Facilitator, Susan Podziba, can be reached at Susan 
Podziba and Associates, 21 Orchard Road, Brookline, MA 02445; Telephone 
(617) 738-5320, Fax (617) 738-6911.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Discussion of Comments on the Proposed Membership List
III. Final Committee Membership List
IV. Procedure for Adding and Replacing Members
V. Anticipated Key Issues for Negotiation
VI. Authority

I. Background

    On July 16, 2002, OSHA published a Federal Register notice of 
intent to establish a negotiated rulemaking committee for cranes and 
derricks (volume 67 of the Federal Register, page 46612). The notice 
requested comments on the appropriateness of using negotiated 
rulemaking to develop a proposed rule for cranes and derricks used in 
construction and requested nominations for membership on the Committee. 
In addition, the notice described the negotiated rulemaking process and 
identified some key issues anticipated to be addressed in the 
negotiation.
    Fifty-five nominations for membership on the Committee and several 
comments were received during the comment period. There was broad 
support for using negotiated rulemaking to update the standard and OSHA 
decided to go forward with the negotiated rulemaking process.

II. Discussion of Comments on the Proposed Membership List

    The Agency published a proposed membership list and requested 
public comment (68 FR 9036, February 27, 2003). In response to the 
notice of proposed members, OSHA received 29 sets of comments. Of the 
comments received, 13 supported OSHA's proposed member list and 16 
asked for individuals to be added to the list. Below is a discussion of 
the comments that recommended adding members to the committee.
    Three commenters (Exs. 6-1, 7-7 and 7-13) indicated that there 
should be an additional representative from the mobile crane 
manufacturing industry. In their view there was an imbalance in the 
proposed committee list with respect to the number of manufacturing 
representatives relative to the number of user representatives. The 
proposed committee included a representative from Manitowoc Cranes, 
Inc. OSHA agrees with these commenters and has decided to add Bernie 
McGrew of Link-Belt Construction Equipment Company to the Committee to 
provide additional technical expertise on the design, manufacturing and 
testing of mobile cranes.
    One industry commenter (Ex. 7-12) suggested that the committee 
needs a representative from the Department of Defense and in particular 
the Navy Nuclear Crane Program. The Agency, however, is not aware of 
aspects of cranes used by the Navy that cannot be addressed by the 
proposed members of the Committee. Furthermore, no comments were 
received from the Navy objecting to the proposed membership list.
    One commenter (Ex. 7-9) asserted that the proposed committee did 
not represent hydraulic telescoping boom cranes. However, since 
Manitowoc owns Grove, a major manufacturer of hydraulic cranes, their 
member will represent that interest. Also, Link-Belt manufacturers 
hydraulic cranes, so with the addition of Mr. McGrew, the interests of 
manufacturers of hydraulic telescoping boom cranes will be represented.
    That commenter also asserted that the committee should have a 
representative of an ``independent'' trainer. The proposed list 
included David Ritchie of The St. Paul Companies, who has extensive 
experience as a trainer. The commenter did not explain why the interest 
of trainers can only be represented by an independent trainer. 
Accordingly, the Agency concludes that the trainer interest is 
adequately represented.
    One commenter (Ex. 7-4) stated that cranes and derricks are used 
extensively in marine construction (bridge, dock, outfall, pipeline and 
dredging work) and that the marine construction environment is very 
different from a landside environment. He asked that a representative 
of the marine construction industry be added. He also noted that, ``in 
lieu of appointing a marine construction representative to the 
committee, we request that OSHA provide some vehicle to ensure that 
marine construction interests may offer valuable input to the 
negotiated rulemaking committee. * * *''
    OSHA believes that the marine construction interest can effectively 
form coalitions with other committee members. In addition, the marine 
construction interest will have ample opportunities to present 
information to and work with the C-DAC committee as issues relating to 
that type of work arise. This type of information can be provided at 
the public meetings of the full committee and in committee workgroups.
    Seven commenters (Exs. 6-7, 6-9, 6-10, 6-11, 6-13, 6-14 and 6-15) 
objected to the composition of the committee stating that the 
Specialized Carriers & Rigging Association's (SC&RA) nominee should be 
added to the committee. The SC&RA is an association with a large, 
broad-based membership of crane-related businesses. The comments 
reflect a cross-section of industry support for including the SC&RA 
nominee, Doug Williams of Buckner Heavylift Cranes. The Agency has 
decided to add Mr. Williams as a member of the committee.
    One commenter (Ex. 6-6) stated that the proposed committee did not 
have sufficient representation from ``public entities;'' it appears 
from the context of the comment that the commenter is

[[Page 39879]]

referring to industry consensus groups. The Agency believes that the 
final membership list represents a broad cross-section of the industry. 
The commenter has not demonstrated why the interests of the individuals 
who serve on consensus groups, or the consensus groups themselves, 
would be unable to form coalitions with one or more of the named 
members.
    One commenter (Ex. 6-5) suggested adding a member to the committee 
to represent manufacturers of specialized safety equipment and devices, 
such as equipment used to warn those in the vicinity of the crane or to 
detect hazards. Mr. Means was named to the committee to represent the 
interests of crane equipment suppliers. The commenter has not indicated 
why manufacturers of safety devices cannot form a coalition with Mr. 
Means or others.
    A commenter (Ex. 6-4) recommended the addition of a member to 
represent the outdoor advertising industry. The commenter stated that 
the location, purpose and dimension of the work environments involved 
in outdoor advertising create unique challenges in the area of 
workplace safety. In addition, the commenter noted that work zone 
control and operations near electric power lines are issues that the 
outdoor advertising industry has extensive and unique experience with.
    OSHA agrees that outdoor advertising is a unique type of 
construction activity that uses specialized crane equipment. The Agency 
believes that this interest is significant enough to add a member to 
the committee and, therefore, is adding Stephen Charman of Viacom 
Outdoor Group, Inc. to the committee to provide expertise on the use of 
cranes in the construction of billboards.
    The Agency has hired Susan Podziba as Facilitator for the 
negotiated rulemaking Committee. The primary functions of the 
Facilitator will be to chair the meetings of the Committee in an 
impartial manner and assist the members of the Committee in conducting 
discussions and negotiations.

III. Final Committee Membership List

    The final C-DAC membership list is comprised of the 23 individuals 
listed below:

Manufacturers and Suppliers

Michael Brunet, Manitowoc Cranes, Inc., 2401 S. 30th Street, Manitowoc, 
WI 54220
Peter Juhren, Morrow Equipment Company, L.L.C., 3218 Pringle Road SE., 
P.O. Box 3306, Salem, OR 97302
Bernie McGrew, Link-Belt Construction Equipment 2651 Palumbo Drive, 
P.O. Box 13600, Lexington, KY 40583
Larry Means, Means Engineering & Consulting, P.C., 44 South Carriage 
Drive, St. Joseph, MO 64506-1233

Lessors/Maintenance

William Smith, Maxim Crane Works 508-C DiGiulian Blvd., Glen Burnie, MD 
21061

Users--Employers

Stephen P. Charman, Viacom Outdoor, Inc., 49-29 Maspeth Ave., Maspeth, 
NY 11378
Joseph Collins, Zachry Construction Corporation, P.O. Box 240130, San 
Antonio, TX 78224
Brian Murphy, Sundt Corporation, 4101 E Irvington Road, P.O. Box 26685, 
Tucson, AZ 85726
George R. ``Chip'' Pocock, C.P. Buckner Steel Erection, P.O. Box 598, 
Graham, NC 27253
Thomas ``Craig'' Steele, Schuck & Sons Construction Company, Inc., 8205 
North 67th Avenue, Glendale, AZ 85302
Darlaine Taylor, Century Steel Erectors, Co., LP 210 Washington Avenue, 
Dravosburg, Pennsylvania 15034
William J. ``Doc'' Weaver, 8065 S. Overhill Circle, Salt Lake City, UT 
84121
Robert Weiss, Cranes Inc. and A.J. McNulty & Company, Inc., 53-20 44th 
Street, Maspeth NY 11378
Doug Williams, Buckner Heavylift Cranes, P.O. Box 598, Graham, NC 27253
Stephen Wiltshire, Turner Construction Company, 6108 Waterman Drive, 
Fredericksburg, VA 22407

Users--Labor Organizations

Frank Migliaccio, International Association of Bridge, Structural, 
Ornamental and Reinforcing Iron Workers, 1750 New York Ave., NW., Suite 
400, Washington, DC 20006
Dale Shoemaker, Carpenters International Training Center, 6801 Placid 
Street, Las Vegas, NV 89119

Operators--Labor Organizations

Stephen Brown, International Union of Operating Engineers, 1125 17th 
Street, NW., Washington, DC 20036
Emmett Russell, International Union of Operating Engineers 1125 17th 
Street, NW., Washington, DC 20036

Government/Public Entities

Noah Connell, U.S. Department of Labor/OSHA, 200 Constitution Ave., 
NW., Room N-3468, Washington, DC 20210

Training and Operator Testing

David Ritchie, The St. Paul Companies, P.O. Box 1419, Bastrop, TX 78602

Power Line Owners

Michael Hyland, American Public Power Association, 2301 M Street, NW., 
Washington, DC 20037

Insurance

Charles Yorio, Acordia, Two Gateway Center, Suite 1900, 603 Stanwix 
Street, Pittsburgh, PA 15222

IV. Procedure for Adding and Replacing Members

A. Additional Members

    During the course of the Committee's negotiations, an unanticipated 
issue significantly affecting one or more unanticipated, unrepresented 
interests may arise. The Committee may decide that it is necessary for 
that issue to be addressed in the proposed rule. If so, the Agency will 
publish in the Federal Register a request for additional nominations to 
represent such interests. The Secretary or her designee may then select 
one or more additional representatives, who will be added as Committee 
members. The additional members will not be entitled to revisit any 
issue that has already been negotiated, unless the Committee agrees by 
consensus to do so.

B. Replacement Members

    In the event an appointed member becomes unavailable or otherwise 
unable to serve, the Secretary or her designee will select a 
replacement member to represent the interest the original member had 
represented.

V. Anticipated Key Issues for Negotiation

    OSHA anticipates that key issues to be addressed as part of these 
negotiations will include:
    1. The identification/description of what constitutes ``cranes and 
derricks'' for purposes of determining the equipment that will be 
covered by the proposed rule.
    2. Qualifications of individuals who operate, maintain, repair, 
assemble, and disassemble cranes and derricks.
    3. Work zone control.
    4. Crane operations near electric power lines.
    5. Qualifications of signal-persons and communication systems and 
requirements.
    6. Load capacity and control procedures.
    7. Wire rope criteria.
    8. Crane inspection/certification records.

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    9. Rigging procedures.
    10. Requirements for fail-safe, warning, and other safety-related 
devices/technologies.
    11. Verification criteria for the structural adequacy of crane 
components.
    12. Stability testing requirements.
    13. Blind pick procedures.
    14. Hydraulic cranes.

Authority

    This document was prepared under the direction of John L. Henshaw, 
Assistant Secretary of Labor for Occupational Safety and Health, U.S. 
Department of Labor, 200 Constitution Avenue, NW, Washington, D.C. 
20210, pursuant to the Negotiated Rulemaking Act of 1990, (5 U.S.C. 561 
et seq.), the Federal Advisory Committee Act (5 U.S.C. Appendix 2), the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), and 
Secretary of Labor's Order No. 5-2002 (67 FR 65008).

    Signed at Washington, DC, this 9th day of June, 2003.
John L. Henshaw,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 03-16870 Filed 7-2-03; 8:45 am]
BILLING CODE 4510-26-U