[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Proposed Rules]
[Pages 21164-21165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08512]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket ID-OSHA-2007-0066]
RIN 1218-AC86


Cranes and Derricks in Construction: Operator Certification

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

ACTION: Notice of informal public hearing.

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SUMMARY: This notice schedules an informal public hearing on OSHA's 
proposed extension of the crane-operator certification deadline and the 
separate existing employer duty to ensure that their crane operators 
are competent. The Agency proposed three-year extensions for both, from 
November 10, 2014, to November 10, 2017.

DATES: Informal public hearing: The informal public hearing will be 
held on Monday, May 19, 2014, at 9:30 a.m. in the auditorium of the 
U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 
20210.
    Notice of intention to appear: Each person who wishes to testify at 
the hearing must submit a notice of intention to appear by April 25, 
2014. Each person who files a notice of intention to appear may submit 
a written copy of additional comments to the record before or during 
the hearing for inclusion in the hearing record. Organizations may 
submit a single notice of intention to appear regarding multiple 
members of that organization, but the notice must list the name, 
occupational title, and position of each

[[Page 21165]]

individual who plans to testify. In addition, all notices must also 
include the following information:
    (1) An email address or other contact information for receiving 
additional information about the hearing;
    (2) Name of the establishment or organization, if any, that each 
individual represents;
    (3) A brief summary of any documentary evidence each individual 
plans to present.

ADDRESSES: Submit a notice of intention to appear and written testimony 
by any of the following methods:
    Electronically: Submit a notice of intention to appear and written 
testimony electronically at http://www.regulations.gov, which is the 
Federal e-Rulemaking Portal. Follow the instructions online for 
submitting comments.
    Fax: If your written submission does not exceed 10 pages, including 
attachments, you may fax it to the OSHA Docket Office at (202) 693-
1648.
    Regular mail, express delivery, hand delivery, or messenger 
(courier) service: Submit your materials to the OSHA Docket Office, 
Docket No. OSHA-2007-0066, U.S. Department of Labor, Room N-2625, 200 
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
2350, (TTY number (877) 889-5627). The OSHA Docket Office accepts 
deliveries (express mail, hand delivery, and messenger (courier) 
service during its normal hours of operation, 8:15 a.m. to 4:45 p.m., 
e.t.
    Instructions: All submissions must include the Agency name and 
docket number for this rulemaking (i.e., OSHA Docket No. OSHA-2007-
0066). OSHA will place all submissions, including any personal 
information, in the public docket without change and make them 
available online at http://www.regulations.gov. Therefore, OSHA 
cautions you about submitting personal information, such as Social 
Security numbers and birthdates. Because of security-related 
procedures, the use of regular mail may cause a significant delay in 
receipt of your submissions. For information about security-related 
procedures for submitting materials by express delivery, hand delivery, 
or messenger (courier) service, contact the OSHA Docket Office.
    If you submit scientific or technical studies or other results of 
scientific research, OSHA requests (but is not requiring) that you also 
provide the following information when it is available: (1) 
Identification of the funding source(s) and sponsoring organization(s) 
of the research; (2) the extent to which a potentially affected party 
reviewed the research findings prior to publication or submission to 
the docket, and identification of any such parties; and (3) the type of 
financial relationships (e.g., consulting agreements, expert witness 
support, or research funding), if any, between investigators who 
conducted the research and any organization(s) or entities having an 
interest in the rulemaking. If you are submitting comments or testimony 
on the Agency's scientific and technical analyses, OSHA requests that 
you disclose: (1) The type of financial relationships you may have, if 
any, with any organization(s) or entities having an interest in the 
rulemaking; and (2) the extent to which an interested party reviewed 
your comments or testimony prior to its submission. Disclosure of such 
information promotes transparency and scientific integrity of data and 
technical information submitted to the record.
    This request is consistent with Executive Order 13563, issued on 
January 18, 2011, which instructs agencies to ensure the objectivity of 
any scientific and technological information used to support their 
regulatory actions. OSHA emphasizes that it will consider all material 
submitted to the rulemaking record to develop the final rule and 
supporting analyses.

FOR FURTHER INFORMATION CONTACT:
    General information and press inquiries: Mr. Frank Meilinger, 
Office of Communications, Room N-3647, OSHA, U.S. Department of Labor, 
200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 
693-1999; email: [email protected].
    Technical inquiries: Mr. Vernon Preston, Directorate of 
Construction, Room N-3468, OSHA, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
2020; fax: (202) 693-1689; email: [email protected].

SUPPLEMENTARY INFORMATION: On August 9, 2010, OSHA issued a final 
standard establishing requirements for cranes and derricks used in 
construction work. The standard requires employers to ensure that crane 
operators are certified by November 10, 2014. Until that date, 
employers also have added duties under the standard to ensure that 
crane operators are trained and competent to operate the crane safely. 
On February 10, 2014, OSHA issued a Notice of Proposed Rulemaking 
(NPRM) proposing to extend the deadline for operator certification by 
three years to November 10, 2017, and to extend the existing employer 
duties for the same period. The public had 30 days to submit comments 
on this issue. The comment period closed on March 12, 2014.
    In response to the NPRM, OSHA received over 60 comments from the 
public. Only one comment, from Crane Institute Certification (CIC), 
requested or implied a hearing request (OSHA-2007-0066-0495). OSHA 
spoke with Ms. Deborah Dickinson of CIC to clarify whether the 
organization was requesting a hearing, and Ms. Dickinson confirmed that 
it was.
    The purpose of a hearing is to gather information not already in 
the record, and to develop a clear, accurate, and complete record. This 
hearing will be an informal administrative proceeding rather than an 
adjudicative one; therefore, the technical rules of evidence will not 
apply. Conduct of the hearing will conform to 29 CFR 1911.15. In 
addition, the Assistant Secretary may, on reasonable notice, issue 
additional or alternative procedures to expedite the proceedings, to 
provide greater procedural protections to interested persons, or to 
further any other good cause consistent with applicable law (29 CFR 
1911.4).
    This hearing will be held to develop the record on the proposed 
extensions presented in OSHA's February 10, 2014, NPRM. While the 
Agency recognizes that there are several potentially controversial 
issues surrounding crane operator certification/qualification, the 
Agency requests that testimony and questions be focused and related to 
the proposed time extensions to preserve adequate time for all persons 
to be heard on the issues in the proposal.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Ave. NW., Washington, DC 20210, authorized the preparation 
of this notice. OSHA is issuing this proposed rule under the following 
authorities: 29 U.S.C. 653 and 655; 40 U.S.C. 3701 et seq.; 5 U.S.C. 
553; Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012); 
and 29 CFR part 1911.

    Signed at Washington, DC, on April 9, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-08512 Filed 4-14-14; 8:45 am]
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