

[Federal Register: July 31, 2007 (Volume 72, Number 146)]
[Notices]               
[Page 41775-41777]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy07-116]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0060]

 
Cranes and Derricks in Construction; Extension of the Office of 
Management and Budget's (OMB) Approval of Information Collection 
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment.

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SUMMARY: OSHA solicits public comment concerning its proposal to extend 
OMB approval of the information collection requirements specified in 
the Construction Standard on Cranes and Derricks (29 CFR

[[Page 41776]]

1926.550). The Standard is designed to protect employees who work with, 
or in the vicinity of, cranes or derricks.

DATES: Comments must be submitted (postmarked, sent, or received) by 
October 1, 2007.

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.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit three copies of your comments 
and attachments to the OSHA Docket Office, Docket No. OSHA-2007-0060, 
U.S. Department of Labor, Occupational Safety and Health 
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, 
DC 20210. Deliveries (hand, express mail, messenger, and courier 
service) are accepted during the Department of Labor's and Docket 
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA 
docket number for the ICR (OSHA-2007-0060). 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 notice titled 
Supplementary Information.
    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 address above. All documents in the docket (including this Federal 
Register notice) 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 Web site. All submissions, including 
copyrighted material, are available for inspection and copying at the 
OSHA Docket Office. You may also contact Stewart Burkhammer at the 
address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Stewart Burkhammer, Directorate of 
Construction, OSHA, U.S. Department of Labor, Room N-3468, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2020.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce 
paperwork and respondent (i.e., employer) burden, conducts a 
preclearance consultation program to provide the public with an 
opportunity to comment on proposed and continuing information 
collection requirements in accordance with the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that 
information is in the desired format, reporting burden (time and costs) 
is minimal, collection instruments are clearly understood, and OSHA's 
estimate of the information collection burden is accurate. The 
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 
et seq.) authorizes information collection by employers as necessary or 
appropriate for enforcement of the Act or for developing information 
regarding the causes and prevention of occupational injuries, 
illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires 
that OSHA obtain such information with minimum burden upon employers, 
especially those operating small businesses, and to reduce to the 
maximum extent feasible unnecessary duplication of efforts in obtaining 
information (29 U.S.C. 657).
    Several paragraphs of the Cranes and Derricks Standard for 
Construction (Sec.  1926.550) contain notification requirements, 
including paragraphs (a)(1), (a)(2), (a)(4), (a)(16), (d)(1), (f)(1), 
(f)(2) and (g)(4). If an equipment manufacturer's specifications are 
not available, paragraph (a)(1) requires employers to operate a crane 
or derrick using specifications determined and recorded by a qualified 
engineer who is competent to make such determinations. Under paragraph 
(a)(2), employers must post on each crane and derrick its rated load 
capacities, and recommended operating speeds, special hazard warnings, 
or instructions. Paragraph (a)(4) requires employers to post at the 
worksite an illustration of the hand signals prescribed by the 
applicable ANSI standard for that type of crane or derrick. According 
to paragraph (a)(16), employers must revise as appropriate the 
capacity, operation, and maintenance instruction plates, tags, or 
decals if they make alterations that involve the capacity or safe 
operation of a crane or derrick.
    Paragraph (d)(1) requires employers to plainly mark the rated loads 
of overhead and gantry cranes on each side of the cranes, and if the 
crane has more than one hoisting unit, each hoisting unit shall have 
its rated load marked on it or its load block. These markings must be 
clearly legible from the ground or floor. Similarly, paragraph 
(f)(1)(ii) requires employers to ensure that floating cranes and 
derricks have a load rating chart, with clearly legible letters and 
figures, and are securely fixed at a location easily visible to the 
operator. When load ratings are reduced to stay within the limits for 
the list of the barge with a crane mounted on it, paragraph (f)(1)(iii) 
requires employers to provide a new load rating chart. For permanently 
mounted floating cranes and derricks, paragraph (f)(2)(ii), requires 
that a load rating chart with clearly legible letters and figures be 
provided and securely fixed at a location easily visible to the 
operator. Paragraph (g)(4)(ii)(I) requires employers to ensure that the 
personnel platform be conspicuously posted with a plate or other 
permanent marking which indicates the weight of the platform and its 
rated load capacity or maximum intended load.
    In summary, these provisions require employers to provide 
notification of specified operating characteristics through 
documentation, posting, or revising maintenance instruction plates, 
tags, or decals, and to notify employees of hand signals used to 
communicate with equipment operators by posting an illustration of 
applicable signals at the worksite. These paperwork requirements ensure 
that employers operate a crane or derrick according to the limitations 
and specifications developed for that equipment, and that hand signals 
used to communicate with equipment operators are clear and correct. 
Therefore, these requirements prevent employers from exceeding the 
operating specifications and limitations of cranes and derricks, and 
ensure that they use accurate hand signals regarding equipment 
operation. By operating the equipment safely and within specified 
parameters, and communicating effectively with equipment operators, 
employers will prevent serious injury and death to the equipment 
operators and other employees who use or work near the equipment.
    The Cranes and Derricks Standard also contains two paragraphs 
requiring employers to inspect and document crane inspections. 
Paragraph (a)(6) requires employers to perform annual inspections of 
cranes and derricks and to establish and maintain a written record of 
the dates and results of these inspections. Paragraph (b)(2) requires 
the employer to prepare and maintain a certification record which 
includes the date, listing of critical items inspected, signature of 
person performing the

[[Page 41777]]

inspections, and a serial number or identifier of the crane inspected 
as specified in ANSI B30.5-1968, Safety Code for Crawler, Locomotive 
and Truck Cranes.
    These inspections identify problems such as deterioration caused by 
exposure to adverse weather conditions, worn components and other flaws 
and defects that develop during use, and accelerated wear resulting 
from misalignments of connecting systems and components. Establishing 
and maintaining a written record of the annual inspections alerts the 
equipment mechanics to servicing or repair problems. Prior to returning 
the equipment to service, employers can review the records to ensure 
that the mechanics performed the necessary repairs and maintenance. 
Accordingly, by using only equipment that is in safe working order, 
employers will prevent severe injury and death to the equipment 
operators and other employees who use or work near the equipment.
    Paragraph (a)(11) of OSHA's Cranes and Derricks Standard for 
Construction (1926.550) addresses conditions in which a crane or 
derrick powered by an internal combustion engine is exhausting in an 
enclosed space that employees occupy or will occupy. Under these 
conditions, employers must record tests made of the breathing air in 
the space to ensure that adequate oxygen is available and that 
concentrations of toxic gases are at safe levels.
    Establishing a test record allows employers to document oxygen 
levels and specific atmospheric contaminants, ascertain the 
effectiveness of controls, implement additional controls if necessary, 
and readily provide this information to other crews and shifts who may 
work in the enclosed space. Accordingly, employers will prevent serious 
injury and death to equipment operators and other employees who use or 
work near this equipment in an enclosed space. In addition, these 
records provide the most efficient means for an OSHA compliance officer 
to determine that an employer performed the required tests and 
implemented appropriate controls.
    Paragraph (a)(15) requires that any overhead wire be considered to 
be an energized line unless and until the person owning such line or 
the electrical utility authorities indicate that it is not an energized 
line and it has been visibly grounded. Failure to appropriately 
identify overhead wires would require those working with or in the 
vicinity of overhead lines to perform costly, time-consuming 
activities, prior to performing their assigned duties.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements 
are necessary for the proper performance of the Agency's functions, 
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and 
costs) of the information collection requirements, including the 
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information 
collected; and
     Ways to minimize the burden on employers who must comply; 
for example, by using automated or other technological information 
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information 
collection requirements contained in the Construction Cranes and 
Derricks Standard (29 CFR 1926.550). The Agency will summarize the 
comments submitted in response to this notice and will include this 
summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: The Construction Standard on Cranes and Derricks (29 CFR 
1926.550).
    OMB Number: 1218-0113.
    Affected Public: Business or other for-profit.
    Number of Respondents: 91,997.
    Frequency: Annually; On occasion.
    Average Time Per Response: Varies from 5 hours to inspect a crane 
with a capacity of more than 60 tons to 3 minutes (.05 hour) to 
maintain and disclose exposure monitoring data of an enclosed space 
where exhaust from cranes or derricks may expose employees to a 
deficiency of oxygen and/or toxic gases.
    Estimated Total Burden Hours: 103,076.
    Estimated Cost (Operation and Maintenance): $570,074

IV. Public Participation--Submission of Comments on This Notice and 
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows: 
(1) Electronically at http://www.regulations.gov, which is the Federal 

eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All 
comments, attachments, and other material must identify the Agency name 
and the OSHA docket number for the ICR (Docket No. OSHA-2007-0060). You 
may supplement electronic submissions by uploading document files 
electronically. If you wish to mail additional materials in reference 
to an electronic or facsimile submission, you must submit them to the 
OSHA Docket Office (see the section of this notice titled Addresses). 
The additional materials must clearly identify your electronic comments 
by your name, date, and the docket number so the Agency can attach them 
to your comments.
    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).
    Comments and submissions are posted without change at http://www.regulations.gov.
 Therefore, OSHA cautions commenters about 

submitting personal information such as social security numbers and 
date of birth. Although all submissions are listed in the 
http://www.regulations.gov index, some information (e.g., copyrighted 

material) is not publicly available to read or download through this 
Web site. All submissions, including copyrighted material, are 
available for inspection and copying at the OSHA Docket Office. 
Information on using the http://www.regulations.gov Web site to submit 

comments and access the docket is available at the Web site's User Tips 
link. Contact the OSHA Docket Office for information about materials 
not available through the Web site, and for assistance in using the 
Internet to locate docket submissions.

V. Authority and Signature

    Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational 
Safety and Health, directed the preparation of this notice. The 
authority for this notice is the Paperwork Reduction Act of 1995 (44 
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2002 (67 FR 
65008).

    Signed at Washington, DC, on July 26, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E7-14714 Filed 7-30-07; 8:45 am]

BILLING CODE 4510-26-P
