[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Proposed Rules]
[Pages 36507-36509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.
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    \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.
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    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