[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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