Adopción de Norma Federal: Grúas y Cabrias: Construcción de Túneles y Pozos, Demolición , Regla Final (Part 10 SHO 1926)

ADMINISTRACIÓN DE SEGURIDAD Y SALUD OCUPACIONAL DE PUERTO RICO Ave. Muñoz Rivera 505, Hato Rey PR 00919 Tel. (787) 754-2172 Ext. 3355 8423 Fecha: 13 de agosto de 2013 Secretario de Estado Por: Francisco J. Rodríguez Bernier Secretario Auxiliar de Servicios ADOPCIÓN DE NORMA FEDERAL GRÚAS Y CABRIAS: CONSTRUCCIÓN DE TÚNELES Y POZOS, DEMOLICIÓN, REGLA FINAL ("Cranes and Derricks Construction: Underground Construction and Demolition, Final Rule") Part 10 OSH 1926 78 FR No. 78 (23837-23843) - April 23, 2013 Expediente del Departamento de Estado Núm. 2341 AUTHENTICATED INFORMATION GFO Federal Register/Vol. 78, No. 78/Tuesday, April 23, 2013/Rules and Regulations 23837 DEPARTMENT OF LABOR information, are available at OSHA's and qualified trainers available in that Web page at http://www.osha.gov. state. Occupational Safety and Health OSHA is not revising the final rule in Administration SUPPLEMENTARY INFORMATION: response to this comment. This Table of Contents comment did not challenge the 29 CFR Part 1926 application of the subpart CC standard I. Background [Docket No. OSHA-2007-0066] II. Revisions to the Demolition Standard in to underground construction work or This Final Rule demolition work. Moreover, OSHA does RIN No. 1218-AC61 III. Revisions to the Underground not believe that requiring employers Construction Standard in This Final Rule engaged in underground construction Cranes and Derricks in Construction: IV. Agency Determinations work or demolition work to meet the Underground Construction and A. Final Economic Analysis and Final operator-certification requirements of Demolition Regulatory Flexibility Analysis subpart CC will substantially impact the B. Paperwork Reduction Act of 1995 availability of examiners or trainers in AGENCY: Occupational Safety and Health C. Federalism the commenter's state, or any other state Administration (OSHA), Labor. D. State Plan States E. Unfunded Mandates Reform Act in OSHA's jurisdiction, and the ACTION: Final rule. F. Consultation and Coordination With commenter did not provide any Indian Tribal Governments evidence to the contrary. The bulk of SUMMARY: On August 17, 2012, OSHA G. Legal Considerations construction crane work already is issued a notice of proposed rulemaking, List of Subjects in 29 CFR Part 1926 subject to subpart CC. In addition, as well as a companion direct final rule, Authority and Signature subpart CC already requires certification that proposed applying the Amendments to Standards of any crane operator who performs requirements in OSHA's 2010 cranes and derricks construction standard to I. Background other kinds of construction work, in addition to underground construction or underground construction work and On August 17, 2012, OSHA published demolition. As OSHA recognized in the demolition work. The notice of a direct final rule and a companion preambles to its August 17, 2012, direct proposed rulemaking also proposed to notice of proposed rulemaking in the final rule and notice of proposed correct inadvertent errors in the Federal Register to amend OSHA's rulemaking, applying subpart CC to underground construction and construction standards in subpart S underground construction work and demolition standards. After receiving a (Underground Construction, Caissons, demolition work benefits contractors comment recommending that OSHA Cofferdams, and Compressed Air) and who also perform other work because clarify the proposed regulatory text of subpart T (Demolition) of OSHA's they will be subject to a single standard the demolition standard, OSHA clarified construction standards at 29 CFR part instead of having some of their activities the text and is issuing this final rule to 1926 (77 FR 49722; 77 FR 49741). The covered under subpart CC and other apply the cranes and derricks standard amendments apply subpart CC (Cranes work covered by the temporary to underground construction work and and Derricks in Construction) of 29 CFR requirements in subpart DD (77 FR demolition work. part 1926, which contains requirements 49722, 49725; 77 FR 49741, 49745).1 DATES: This final rule is effective May for cranes and derricks used in Finally, OSHA's provisions regarding 23, 2013. Petitions for review of the construction, to underground operator certification do not take effect final rule are due on June 24, 2013. construction work, and demolition until November 10, 2014. OSHA will ADDRESSES: In compliance with 28 work, involving equipment covered by continue to work with accredited testing U.S.C. 2112(a), OSHA designates the subpart CC. Further, the direct final rule organizations as the November 10, 2014, Associate Solicitor of Labor for and notice of proposed rulemaking implementation date approaches to corrected inadvertent errors made to the ensure that employers are able to meet Occupational Safety and Health as the recipient of petitions for review of the underground construction and the operator-certification requirements final rule. Contact Joseph M. demolition standards in the 2010 of subpart CC. The second comment raised a concern Woodward, Associate Solicitor, at the rulemaking. about potential ambiguity in the Office of the Solicitor, Room S-4004, In both the proposed rule and the introductory language of OSHA's U.S. Department of Labor, 200 direct final rule, OSHA stated that it proposed demolition standard. The Constitution Avenue NW., Washington, would treat comments received on the commenter noted that the amendment DC 20210; telephone: (202) 693-5445. direct final rule as comments on the to § 1926.800(t) of subpart S FOR FURTHER INFORMATION CONTACT: proposed rule, and comments received (Underground Construction, Caissons, General information and press inquiries: on the proposed rule as comments on Cofferdams, and Compressed Air) uses Mr. Frank Meilinger, OSHA Office of the direct final rule. OSHA received two the phrase "employers must," while Communications, Room N-3647, U.S. comments on the documents. The first §§ 1926.856(c) and 1926.858(b) of Department of Labor, 200 Constitution comment addressed the timing of the subpart T (Demolition) use the phrase Avenue NW., Washington, DC 20210; implementation and enforcement of the "Cranes, derricks, and other mechanical telephone: (202) 693-1999. operator-certification provisions of equipment used must." The commenter Technical inquiries: Mr. Garvin subpart CC (OSHA-2007-0066-0428). stated that the regulated community Branch, Directorate of Construction, Specifically, the commenter claimed could misread the latter phrase to mean Room N-3468, OSHA, U.S. Department that extending the existing operatorthat only the equipment must comply of Labor, 200 Constitution Avenue NW., certification requirement in subpart CC with the provisions in subpart CC, and Washington, DC 20210; telephone: (202) to crane operators in North Dakota who 693-2020; fax: (202) 693-1689. perform underground construction work 1 Subpart DD of 29 GFR part 1926, which OSHA Copies of this Federal Register or demolition work will make the task drafted during the 2010 cranes rulemaking as a document and news releases: This of certifying all crane operators in that temporary measure to preserve the requirements of the former crane standard at § 1926.550 for Federal Register document, as well as state more difficult because of the application to underground construction work and news releases and other relevant limited number of certified examiners demolition work, has been removed. 23838 Federal Register/Vol. 78, No. B/Tuesday, April 23, 2013/Rules and Regulations that employers involved in demolition final rule and proposed rule, and also § 1926.800(t) by restoring the clause work would not have to comply with demonstrates that OSHA always "Except as modified by this paragraph the requirements in subpart CC that do intended that subpart CC apply (t)" to the beginning of the introductory not apply to equipment. Reading the comprehensively to underground paragraph, and restoring § 1926.800(t)(1) proposed language in this manner construction and demolition work in through (t)(4). would mean that many of the essential construction. IV. Agency Determinations protective requirements in subpart CC II. Revisions to the Demolition would not apply to the employers, Standard in This Final Rule A. Final Economic Analysis and Final including requirements for operating Regulatory Flexibility Analysis equipment, operator certification and OSHA believes that the language in When it issued the final cranes rule in other personnel qualifications, § 1926.856(c) and $ 1926.858(b) of the inspections, and other requirements that proposed rule adequately specifies that 2010, OSHA prepared a final economic do not relate to the design or function the full scheme of requirements for analysis (FEA) as required by the of equipment. The commenter cranes and derricks used in Occupational Safety and Health Act of recommended that OSHA use consistent construction, including requirements for 1970 (OSH Act; 29 U.S.C. 651 et seq.) language for all areas addressed by personnel qualifications and and Executive Order 12866 (58 FR responsibilities, applies to demolition 51735). OSHA also published a Final subpart CC. work. In addition, for the reasons stated Regulatory Flexibility Analysis as Reading the proposed language to in the proposed rule, OSHA concludes required by the Regulatory Flexibility apply only to equipment is not it is appropriate to apply those Act (5 U.S.C. 601-612). OSHA's consistent with OSHA's past application requirements to demolition. However, approach to estimating costs and of similar language, or with the stated OSHA agrees that adopting different economic impacts in these analyses purpose of this rulemaking. OSHA language similar to that in the began by estimating, for all construction means for subpart CC to apply as a $ 1926.800(t) amendment would clarify sectors, the total number of cranes and comprehensive regulatory scheme, as it application of the provisions. Therefore, whether they were owned and rented, made clear in the preambles of its to avoid any ambiguity, OSHA is owned without rental, or leased. As a August 17, 2012, direct final rule and amending the demolition standard by result, both analyses covered all cranes proposed rule: OSHA "designed the adding subparagraph headings and engaged in construction activities, final rule for cranes and derricks in replacing the "equipment used must" including cranes engaged in construction, codified at 29 CFR part language in both §§ 1926.856(c) and underground construction work and 1926, subpart CC, to replace the earlier 1926.858(b) with a reference to the cranes engaged in construction work rule (§ 1926.550) for all construction employer's duty to comply with all involving demolition. The FEA for the work" (77 FR 49722, 49723; 77 FR subpart CC requirements. final cranes standard, which included 49741, 49743) and to "bring all crane OSHA is making the other minor, all cranes, crane operations, and and derrick use in construction work proposed revisions to the demolition industry sectors subject to this final under new subpart CC" (77 FR 49722, rule for the reasons explained in the rule, found that the requirements of the 49724; 77 FR 49741, 49743). The 2010 preamble to the proposed rule. These rule were technologically and final cranes rule contains many revisions include reinserting into economically feasible. important requirements regarding § 1926.858 the requirement to comply Because the FEA drew these personnel qualifications and with subpart N, in addition to subpart conclusions from calculations responsibilities, including: operator- CC, of 29 CFR part 1926. encompassing all of the underground certification requirements at construction and demolition crane § 1926.1427, requirements for signal III. Revisions to the Underground operations covered by this final rule, the persons at §§ 1926.1409-.1412 and Construction Standard in This Final conclusions in the earlier FEA are valid 1926.1428, and requirements for Rule for this final rule. The reference to the operating the equipment at $ 1926.1417. OSHA is not making any revisions to FEA for the final cranes rule, therefore, OSHA emphasized the importance of the underground construction standard establishes that this final rule is applying all of subpart CC to demolition other than the revisions specified in the technologically and economically work. The Agency explained that doing proposed rule; OSHA is including those feasible, addresses significant risks, and SO "would ensure that the significant revisions for the reasons explained in reduces those risks significantly. The benefits of subpart CC, which include the preamble to the proposed rule (see FEA, which OMB reviewed, meets the saving 22 lives per year and preventing 77 FR 49724-49725). Most significantly, requirements of Executive Orders 12866 175 non-fatal injuries per year compared OSHA is requiring employers using and Executive Order 13563 with respect to prior $ 1926.550 (75 FR 48079) extend cranes and derricks in underground to the operations covered by this final to demolition and underground construction to comply with all of the rule; OSHA included these operations construction," and that "construction requirements in subpart CC. OSHA also in the FEA for the final cranes standard. workers in those sectors receive the is correcting several inadvertent errors Therefore, OSHA believes that this final same safety protections from new in the underground construction rule also complies with Executive subpart CC as other construction standard by making several minor Orders 12866 and Executive Order workers" (77 FR 49722, 49725; 77 FR grammatical corrections and amending 13563. 49741, 49744-45). The final economic the introductory paragraph of To determine if this final rule has analysis for the final cranes standard, § 1926.800(t) to restore the provision annual costs of greater than $100 which estimated the cost of all of the allowing employers to use cranes to million, or would have a significant requirements in the final cranes rule for hoist personnel for routine access to the economic impact on a substantial industries involved in demolition work underground worksites via a shaft number of small firms, OSHA examined (see Section V.A (Final Economic without requiring them to demonstrate the sectors most affected by this final Analysis and Final Regulatory that conventional means of access are rule. This final rule affects two Flexibility Analysis) below), is identical more hazardous or impossible for this construction sectors: NAICS 237990 to the analysis provided with the draft purpose. OSHA also is correcting (Other Heavy and Civil Engineering Federal Register/Vol. 78, No. 78/Tuesday, April 23, 2013 /Rules and Regulations 23839 Construction), which includes all underground construction and industry, affected general industry sectors, or establishments engaged in underground demolition operations, noted: the use of cranes in affected industry sectors. construction, and NAICS 238910 (Site OSHA does not expect compliance with the In accordance with the OSH Act, OSHA is Preparation Contractors), which requirements of the final standard to threaten required to demonstrate that occupational the viability of employers or the competitive includes all establishments engaged in safety and health standards promulgated by structure of any of the affected industry demolition. This analysis, therefore, the Agency are technologically feasible. sectors. When viewed in the larger context of reviews the results for these two sectors Accordingly, OSHA reviewed the the construction sector, an increase in costs reported in the final crane standard's requirements that would be imposed by the of $148.2 million a year is effectively FEA, which the Federal Register final regulation, and assessed their negligible, and will have no noticeable effect published on August 9, 2010. technological feasibility. As a result of this on the demand for construction services. That FEA simply considered all review, OSHA has determined that Even when viewed as an increase in the costs compliance with the requirements of the cranes and crane operations in these of using cranes, an increase in the cost of final standard is technologically feasible for sectors, and did not analyze separately rentals services of 0.2 percent will not cause all affected industries. The standard would the construction industry to forego the use of those operations involving underground require employers to perform crane cranes and, thus, put crane leasing firms out construction or demolition because inspections, utilize qualified or certified of business. OSHA planned to apply subpart CC to crane operators, address ground conditions, maintain safe distances from power lines (75 FR 48112.) Because the 2010 FEA these operations. OSHA will report here the results for the entire heavy-and-civil using the encroachment prevention included the costs of this underground precautions, and to fulfill other obligations construction and demolition final rule, engineering sector and the entire sitepreparation sector, which will under the standard. Compliance with all of which was only one part of the overall these requirements can be achieved with costs of the 2010 final rule, and OSHA inevitably involve greater costs and readily and widely available technologies. considered the total cost of the 2010 impacts than for the activities addressed Some businesses in the affected industries final rule to be economically feasible, in this final rule because employers already implement the requirements of the OSHA concludes that the FEA for this included in the heavy-and-civil standard to varying degrees (some states have requirements), as noted during the SBREFA underground construction and engineering sector, or the site- Panel. OSHA believes that there are no demolition final rule is economically preparation sector, have many cranes and crane jobs that do not involve technological constraints in complying with feasible. OSHA included the same underground construction or demolition any of the proposed requirements, and conclusion in its preliminary economic activities. Table B-9 of the FEA shows received no comments that suggested that analysis of the underground that NAICS 237990, which includes all these standards were technologically construction and demolition proposed infeasible. rule and requested comment on that crane operations involved in underground construction operations, (75 FR 48095.) conclusion (77 FR 49746), but did not had annualized compliance costs of In Table B-12 of the FEA for the final receive any comments on this issue. $1,903,569 for firms that own and rent cranes rule, OSHA examined the costs Tables B-14 and B-15 of the FEA for cranes, $205,532 for firms that own but as a percentage of revenues and as a the cranes and derricks final rule do not rent cranes, and $1,151,759 for percentage of profits in these two examine the costs as a percentage of firms that lease cranes, for total sectors. This table shows that the revenues and as a percentage of profits annualized costs of $3,260,860 (75 FR greatest potential impacts were on in these two sectors for small firms as 48102-48105). Table B-9 also shows establishments that own and rent cranes defined by the Small Business that NAICS 238910, which contains all with operators. This table showed that Administration, and very small entities crane operations involving demolition, for NAICS 237990, which includes all with fewer than 20 employees, had annualized compliance costs of underground construction operations, respectively. Because SO many firms $1,232,974 for firms that own and rent costs were 0.18 percent (less than 1 owning cranes are small, there is no cranes, $292,601 for firms that own but percent) of revenues and 3.54 percent of appreciable difference between the do not rent cranes, and $1,626,463 for profits. This table also showed that for impacts on small and very small firms firms that lease cranes, for total NAICS 238910, which includes all versus the impacts for all firms already annualized compliance costs of demolition operations involving cranes, discussed. Comparison of the two tables $3,152,038. The total annualized costs were 0.18 percent of revenues and shows that, for NAICS 237990, the compliance cost for both sectors is 4.05 percent of profits. (Table B-12 of impacts for very small firms were equal $6,412,898. Because these two NAICS the FEA, and the FEA as a whole, to or greater than those for small firms. sectors include operations not involved provide the full calculations and Table B-15 shows that, for NAICS in underground construction or derivations.) The FEA from the 2010 237990, costs were 0.18 percent of demolition, the total estimated final cranes standard stated: revenues and 3.54 per cent of profits. annualized compliance costs of This table also shows that, for NAICS The Agency concludes that the final $6,412,898 for these sectors will be standard is economically feasible for the 238910, including all demolition greater than the actual costs of this final affected industries. As described above, a operations involving cranes, there were rule. Based on these costs, OSHA standard is economically feasible if there is no very small entities that owned and concludes that this final rule is not a a reasonable likelihood that the estimated rented cranes, with the result that the significant rule under either E.O. 12866 costs of compliance "will not threaten the greatest impacts are for small entities or the Unfunded Mandates Act. OSHA existence or competitive structure of an that own and rent cranes, for which reached the same conclusion in its industry, even if it does portend disaster for costs are 0.18 percent of revenues and preliminary analysis of the demolition some marginal firms." United Steelworkers of 4.05 percent of profits. standard published in the preamble of America V. Marshall, 647 F.2d 1189, 1272 In its regulatory flexibility analysis, (DC Cir. 1980). The potential impacts on the proposed rule on August 17, 2012, OSHA generally defines a significant employer costs associated with achieving and requested comment. OSHA did not compliance with the final standard fall well economic impact on small entities as receive any comments on this issue. within the bounds of economic feasibility in one with costs in excess of one percent With respect to technological each industry sector. Costs of 0.2 percent of of revenues or five percent of profits. feasibility, the earlier FEA, which revenues and 4 percent of profits will not The possible costs of this final rule included consideration of both threaten the existence of the construction clearly are well below these thresholds. 23840 Federal Register/Vol. 78, No. 78/Tuesday, April 23, 2013 Rules and Regulations OSHA reached the same conclusion in these determinations, but did not approved State Plan, any standard its preliminary economic analysis of the receive any comments. developed from this final rule would proposed amendments to the OSHA notes that a Federal agency limit state policy options in the same underground construction and cannot conduct or sponsor a collection manner as every standard promulgated demolition standards (77 FR 49746), of information unless OMB approves it by OSHA. In states with OSHAand requested comment on that under the Paperwork Reduction Act of approved State Plans, this rulemaking conclusion, but did not receive any 1995 (44 U.S.C. 3501 et seq.), and the does not significantly limit state policy comments. OSHA, therefore, certifies agency displays a currently valid OMB options. that this final rule will not have a control number. The public need not D. State Plan States significant economic impact on a respond to a collection of information substantial number of small entities. requirement unless the agency displays When Federal OSHA promulgates a a currently valid OMB control number, new standard or a more stringent B. Paperwork Reduction Act of 1995 and, notwithstanding any other amendment to an existing standard, When OSHA issued the final cranes provision of law, no person shall be State Plan states must amend their rule on August 9, 2010, it submitted an subject to a penalty for failing to comply standards to reflect the new standard or Information Collection Request (ICR) to with a collection of information amendment, or show OSHA why such the Office of Management and Budget requirement if the requirement does not action is unnecessary, e.g., because an (OMB) titled Cranes and Derricks in display a currently valid OMB control existing state standard covering this area Construction (29 CFR Part 1926, number. is "at least as effective" as the new Federal standard or amendment. 29 CFR Subpart CC). This ICR 2 covered all C. Federalism establishments in the construction 1953.5(a). The state standard must be at OSHA reviewed this final rule in least as effective as the final Federal industry, including all of the accordance with the Executive Order on establishments in NAICS 237990 and rule. State Plan states must adopt the Federalism (Executive Order 13132, 64 Federal standard or complete their own NAICS 238910. On November 1, 2010, FR 43255, August 10, 1999), which standard within six months of the OMB approved the ICR under OMB control number 1218-0261, with an requires that Federal agencies, to the promulgation date of the final Federal extent possible, refrain from limiting rule. When OSHA promulgates a new expiration date of November 30, 2013. state policy options, consult with states standard or amendment that does not Subsequently, in December 2010, OSHA discontinued the Cranes and Derricks prior to taking any actions that would impose additional or more stringent restrict state policy options, and take requirements than an existing standard, Standard for Construction (29 CFR such actions only when clear State Plan states need not amend their 1926.550) ICR (OMB Control Number constitutional authority exists and the standards, although OSHA may 1218-0113) because the new ICR problem is national in scope. Executive encourage them to do SO. The 27 states superseded the existing ICR. In Order 13132 provides for preemption of and U.S. territories with OSHAaddition, OSHA retitled the new ICR to state law only with the expressed approved occupational safety and health Cranes and Derricks in Construction (29 consent of Congress. Federal agencies plans are: Alaska, Arizona, California, CFR Part 1926, Subpart CC and Subpart must limit any such preemption to the Hawaii, Indiana, Iowa, Kentucky, DD).³ extent possible. Maryland, Michigan, Minnesota, This final rule requires no additional Under Section 18 of the OSH Act, Nevada, New Mexico, North Carolina, collections of information.⁴ OMB's Congress expressly provides that states Oregon, Puerto Rico, South Carolina, approval of OSHA's ICR under Control may adopt, with Federal approval, a Tennessee, Utah, Vermont, Virginia, Number 1218-0261 already covers all plan for the development and Washington, and Wyoming; collections of information required by enforcement of occupational safety and Connecticut, Illinois, New Jersey, New this final rule, and OSHA does not health standards. OSHA refers to states York, and the Virgin Islands have believe it is necessary to submit a new that obtain Federal approval for such a OSHA-approved State Plans that apply ICR to OMB seeking to collect plan as "State Plan states." to state and local government employees additional information under this final Occupational safety and health only. rule. OSHA made the same standards developed by State Plan states The amendments in this final rule determinations in the proposed rule (77 must be at least as effective in providing will result in more stringent FR 49746) and requested comment on safe and healthful employment and requirements for cranes and derricks places of employment as the Federal used in underground construction or The ICR is part of Exhibit 0425 in the docket for standards. 29 U.S.C. 667. Subject to demolition work. Therefore, states and the final rule on cranes and derricks in construction these requirements, State Plan states are territories with approved State Plans (OSHA-2007-0066). It is available at www.regulations.gov and at www.reginfo.gov (OMB free to develop and enforce under state must adopt comparable amendments to Control Number 1218-0261). law their own requirements for safety their standards for cranes and derricks This request, OMB's approval for discontinuing and health standards. used in underground construction or the previous Cranos and Derricks in Construction OSHA previously concluded from its demolition within six months of the ICR (OMB Control Number 1218-0113) and the analysis that promulgation of subpart effective date of this final rule unless retitling of the ICR, are available at www.reginfo.gov. CC complies with Executive Order they demonstrate that such a change is Although the final rule for cranes and derricks 13132. 75 FR 48128-29. That analysis not necessary because their existing in construction did not require employers covered applies to the extension of subpart CC standards are already the same, or at by subpart DD to meet the information-exchange to establishments engaged in least as effective, as OSHA's new final requirements of subpart CC, OSHA did not deduct these employers from its analysis of the burden and underground construction work or rule. costs for these requirements in the paperwork demolition work; therefore, this final analysis for subpart CC. Therefore, this approach rule complies with Executive Order E. Unfunded Mandates Reform Act inflated the burden and costs estimates of the ICR 13132. OSHA included this When OSHA issued the 2010 final approved by OMB for subpart CC; however, the burden and costs estimates are accurate now that determination in the proposed rule (77 rule for cranes and derricks in OSHA is applying subpart CC to underground FR 49747), and did not receive any construction, it reviewed the rule construction work and demolition work. comment. In states without an OSHAaccording to the Unfunded Mandates Federal Register/Vol. 78, No. 78/Tuesday, April 23, 2013/Rules and Regulations 23841 Reform Act of 1995 (UMRA; 2 U.S.C. or processes, reasonably necessary or 1-2012 (77 FR 3912, Jan. 25, 2012), and 1501 et seq.) and Executive Order 13132 appropriate to provide safe or healthful 29 CFR part 1911. (64 FR 43255) (Aug. 10, 1999). OSHA employment or places of employment." Signed at Washington, DC, on April 12, concluded that the final rule for cranes 29 U.S.C. 652(8). A standard is 2013. and derricks in construction did not reasonably necessary or appropriate David Michaels, meet the definition of a "Federal within the meaning of Section 652(8) Assistant Secretary of Labor for Occupational intergovernmental mandate" under the when a significant risk of material harm Safety and Health. UMRA because OSHA standards do not exists in the workplace and the standard apply to state or local governments would substantially reduce or eliminate Amendments to Standards except in states that have voluntarily that workplace risk. See Industrial For the reasons stated in the preamble adopted State Plans. 75 FR 48130. Union Department, AFL-CIO V. of this final rule, OSHA amends 29 CFR OSHA further noted that the final rule American Petroleum Institute, 448 U.S. part 1926 to read as follows: for cranes and derricks in construction 607 (1980). In the cranes and derricks imposed costs of over $100 million per 2010 final rule, OSHA made such a PART 1926-SAFETY AND HEALTH year on the private sector and, therefore, determination with respect to the use of REGULATIONS FOR CONSTRUCTION required review under the UMRA for cranes and derricks in construction, those costs; OSHA determined that its while at the same time noting that the Subpart S-Underground final economic analysis met that Agency would apply subpart CC to the Construction, Caissons, Cofferdams, requirement. activities addressed in this final rule (75 and Compressed Air As discussed above in Section V.A FR 47913, 47920-21). (Final Economic Analysis and Final This final rule will not reduce the E 1. The authority citation for subpart S Regulatory Flexibility Analysis) of this employee protections put in place by of 29 CFR part 1926 continues to read preamble, this final rule does not the standard OSHA is updating under as follows: impose any costs on private-sector this rulemaking. Instead, this Authority: 40 U.S.C. 3701; 29 U.S.C. 653, employers beyond those costs already rulemaking likely will enhance 655, 657; and Secretary of Labor's Orders 12- taken into account in the final rule for employee safety by ensuring that the 71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 cranes and derricks in construction. construction workers involved in (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 Because OSHA reviewed the total costs underground construction or demolition FR 111), 5-2007 (72 FR 31159), or 1-2012 (77 of this final rule under the UMRA, no receive the same safety protections from FR 3912), as applicable. further review of those costs is recently published subpart CC as other L 2. Amend § 1926.800 by revising necessary. Therefore, for the purposes of construction workers. OSHA explained paragraph (t) to read as follows: the UMRA, OSHA certifies that this in the proposed rule that the revisions final rule does not mandate that state, also will benefit construction § 1926.800 Underground construction. contractors that engage in underground * local, or tribal governments adopt new, unfunded regulatory obligations, or construction or demolition work in (t) Hoisting unique to underground increase expenditures by the private addition to other types of construction construction. Except as modified by this sector of more than $100 million in any work, because these contractors will paragraph (t), employers must: Comply year. now be subject to a single standard with the requirements of subpart CC of rather than having some of their this part, except that the limitation in F. Consultation and Coordination with construction work under subpart CC, $ 1926.1431(a) does not apply to the Indian Tribal Governments and other work covered by former routine access of employees to an OSHA reviewed this final rule in subpart DD. This action, therefore, will underground worksite via a shaft; accordance with Executive Order 13175 clarify employer obligations by applying ensure that material hoists comply with (65 FR 67249) and determined that it a single cranes and derricks standard to § 1926.552(a) and (b) of this part; and does not have "tribal implications" as all construction work, including ensure that personnel hoists comply defined in that order. The rule does not demolition and underground with the personnel-hoists requirements have substantial direct effects on one or construction projects. Accordingly, it is of § 1926.552(a) and (c) of this part and more Indian tribes, on the relationship unnecessary to make a separate the elevator requirements of between the Federal government and determination of significant risk, or the § 1926.552(a) and (d) of this part. Indian tribes, or on the distribution of extent to which this rule would reduce (1) General requirements for cranes power and responsibilities between the that risk, as typically required by and hoists. (i) Materials, tools, and Federal government and Indian tribes. Industrial Union Department. supplies being raised or lowered, whether within a cage or otherwise, G. Legal Considerations List of Subjects in 29 CFR Part 1926 shall be secured or stacked in a manner The purpose of the Occupational Construction industry, Demolition, to prevent the load from shifting, Safety and Health Act of 1970 (29 U.S.C. Occupational safety and health, Safety, snagging or falling into the shaft. 651 et seq.) is "to assure SO far as Underground construction. (ii) A warning light suitably located to possible every working man and woman warn employees at the shaft bottom and in the nation safe and healthful working Authority and Signature subsurface shaft entrances shall flash conditions and to preserve our human David Michaels, Ph.D., MPH, whenever a load is above the shaft resources." 29 U.S.C. 651(b). To achieve Assistant Secretary of Labor for bottom or subsurface entrances, or the this goal, Congress authorized the Occupational Safety and Health, U.S. load is being moved in the shaft. This Secretary of Labor to promulgate and Department of Labor, 200 Constitution paragraph does not apply to fully enforce occupational safety and health Avenue NW., Washington, DC 20210, enclosed hoistways. standards. 29 U.S.C. 654(b), 655(b). A authorized the preparation of this (iii) Whenever a hoistway is not fully safety or health standard is a standard document. OSHA is issuing this enclosed and employees are at the shaft "which requires conditions, or the document pursuant to 29 U.S.C. 653, bottom, conveyances or equipment shall adoption or use of one or more 655, and 657, 40 U.S.C. 3701 et seq., 5 be stopped at least 15 feet (4.57 m) practices, means, methods, operations, U.S.C. 553, Secretary of Labor's Order above the bottom of the shaft and held 23842 Federal Register/Vol. 78, No. 78/Tuesday, April 23, 2013/Rules and Regulations there until the signalman at the bottom (v) Employees shall not ride on top of or rail-guided for the full length of their of the shaft directs the operator to any cage, skip or bucket except when travel. continue lowering the load, except that necessary to perform inspection or (xviii) Wire rope used in load lines of the load may be lowered without maintenance of the hoisting system, in material hoists shall be capable of stopping if the load or conveyance is which case they shall be protected by a supporting, without failure, at least five within full view of a bottom signalman body belt/harness system to prevent times the maximum intended load or who is in constant voice communication falling. the factor recommended by the rope with the operator. (vi) Personnel and materials (other manufacturer, whichever is greater. (iv)(A) Before maintenance, repairs, or than small tools and supplies secured in Refer to $ 1926.552(c)(14)(iii) of this part other work is commenced in the shaft a manner that will not create a hazard for design factors for wire rope used in served by a cage, skip, or bucket, the to employees) shall not be hoisted personnel hoists. The design factor shall operator and other employees in the together in the same conveyance. be calculated by dividing the breaking area shall be informed and given However, if the operator is protected strength of wire rope, as reported in the suitable instructions. from the shifting of materials, then the manufacturer's rating tables, by the total (B) A sign warning that work is being operator may ride with materials in static load, including the weight of the done in the shaft shall be installed at the cages or skips which are designed to be wire rope in the shaft when fully shaft collar, at the operator's station, controlled by an operator within the extended. and at each underground landing. cage or skip. (xix) A competent person shall (v) Any connection between the (vii) Line speed shall not exceed the visually check all hoisting machinery, hoisting rope and the cage or skip shall design limitations of the systems. equipment, anchorages, and hoisting be compatible with the type of wire rope (viii) Hoists shall be equipped with rope at the beginning of each shift and used for hoisting. landing level indicators at the operator's during hoist use, as necessary. (vi) Spin-type connections, where station. Marking the hoist rope does not (xx) Each safety device shall be used, shall be maintained in a clean satisfy this requirement. checked by a competent person at least condition and protected from foreign (ix) Whenever glazing is used in the weekly during hoist use to ensure matter that could affect their operation. hoist house, it shall be safety glass, or suitable operation and safe condition. (xxi) In order to ensure suitable (vii) Cage, skip, and load connections its equivalent, and be free of distortions to the hoist rope shall be made so that and obstructions. operation and safe condition of all functions and safety devices, each hoist the force of the hoist pull, vibration, (x) A fire extinguisher that is rated at misalignment, release of lift force, or least 2A:10B:C (multi-purpose, dry assembly shall be inspected and loadimpact will not disengage the chemical) shall be mounted in each tested to 100 percent of its rated connection. Moused or latched hoist house. capacity: at the time of installation; after (xi) Hoist controls shall be arranged so any repairs or alterations affecting its openthroat hooks do not meet this that the operator can perform all structural integrity; after the operation requirement. of any safety device; and annually when (viii) When using wire rope wedge operating cycle functions and reach the in use. The employer shall prepare a sockets, means shall be provided to emergency power cutoff without having certification record which includes the prevent wedge escapement and to to reach beyond the operator's normal date each inspection and load-test was ensure that the wedge is properly operating position. (xii) Hoists shall be equipped with performed; the signature of the person seated. who performed the inspection and test; (2) Additional requirements for limit switches to prevent overtravel at and a serial number or other identifier cranes. Cranes shall be equipped with a the top and bottom of the hoistway. for the hoist that was inspected and limit switch to prevent overtravel at the (xiii) Limit switches are to be used tested. The most recent certification boom tip. Limit switches are to be used only to limit travel of loads when record shall be maintained on file until only to limit travel of loads when operational controls malfunction and completion of the project. operational controls malfunction and shall not be used as a substitute for (xxii) Before hoisting personnel or shall not be used as a substitute for other operational controls. material, the operator shall perform a other operational controls. (xiv) Hoist operators shall be provided test run of any cage or skip whenever it (3) Additional requirements for hoists. with a closed-circuit voice has been out of service for one complete (i) Hoists shall be designed so that the communication system to each landing shift, and whenever the assembly or load hoist drum is powered in both station, with speaker microphones SO components have been repaired or directions of rotation, and SO that brakes located that the operator can adjusted. are automatically applied upon power communicate with individual landing (xxiii) Unsafe conditions shall be release or failure. stations during hoist use. corrected before using the equipment. (ii) Control levers shall be of the (xv) When sinking shafts 75 feet (4) Additional requirements for "deadman type" which return (22.86 m) or less in depth, cages, skips, personnel hoists. (i) Hoist drum systems automatically to their center (neutral) and buckets that may swing, bump, or shall be equipped with at least two position upon release. snag against shaft sides or other means of stopping the load, each of (iii) When a hoist is used for both structural protrusions shall be guided by which shall be capable of stopping and personnel hoisting and material fenders, rails, ropes, or a combination of holding 150 percent of the hoist's rated hoisting, load and speed ratings for those means. line pull. A broken-rope safety, safety personnel and for materials shall be (xvi) When sinking shafts more than catch, or arrestment device is not a assigned to the equipment. 75 feet (22.86 m) in depth, all cages, permissible means of stopping under (iv) Material hoisting may be skips, and buckets shall be rope or rail this paragraph (t). performed at speeds higher than the guided to within a rail length from the (ii) The operator shall remain within rated speed for personnel hoisting if the sinking operation. sight and sound of the signals at the hoist and components have been (xvii) Cages, skips, and buckets in all operator's station. designed for such higher speeds and if completed shafts, or in all shafts being (iii) All sides of personnel cages shall shaft conditions permit. used as completed shafts, shall be rope be enclosed by one-half inch (12.70 mm) Federal Register/Vol. 78, No. /Tuesday, April 23, 2013/Rules and Regulations 23843 wire mesh (not less than No. 14 gauge meet the requirements specified in Department of Transportation West or equivalent) to a height of not less subparts N, O, and CC of this part. Building, 1200 New Jersey Avenue SE., than 6 feet (1.83 m). However, when the 5. Amend § 1926.858 by revising Washington, DC 20590, between 9 a.m. cage or skip is being used as a work paragraph (b) to read as follows: and 5 p.m., Monday through Friday, platform, its sides may be reduced in except Federal holidays. height to 42 inches (1.07 m) when the $1926.858 Removal of steel construction. FOR FURTHER INFORMATION CONTACT: If conveyance is not in motion. * * * * * you have questions on this temporary (iv) All personnel cages shall be (b) Cranes, derricks, and other rule, call or email LT Lenell J. Carson, provided with a positive locking door hoisting equipment. Employers must Sector Mobile, Waterways Division, U.S. that does not open outward. meet the requirements specified in (v) All personnel cages shall be Coast Guard; telephone 251-441-5940, subparts N and CC of this part. provided with a protective canopy. The email Lenell.J.Carson@uscg.mil. If you * * * * * canopy shall be made of steel plate, at have questions on viewing or submitting [FR Doc. 2013-09153 Filed 4-22-13; 8:45 am] material to the docket, call Barbara least 3/16-inch (4.763 mm) in thickness, BILLING CODE 4510-26-P or material of equivalent strength and Hairston, Program Manager, Docket Operations, telephone 202-366-9826. impact resistance. The canopy shall be sloped to the outside, and SO designed SUPPLEMENTARY INFORMATION: DEPARTMENT OF HOMELAND that a section may be readily pushed SECURITY Table of Acronyms upward to afford emergency egress. The canopy shall cover the top in such a DHS Department of Homeland Security Coast Guard manner as to protect those inside from FR Federal Register objects falling in the shaft. NPRM Notice of Proposed Rulemaking 33 CFR Part 100 COTP Captain of the Port (vi) Personnel platforms operating on guide rails or guide ropes shall be [Docket No. USCG-2013-0015] A. Regulatory History and Information equipped with broken-rope safety RIN 1625-AA08 The Coast Guard published a NPRM devices, safety catches or arrestment in the Federal Register on February 12, devices that will stop and hold 150 Special Local Regulations; Moss Point 2013 (78 FR 9866), providing proper percent of the weight of the personnel Rockin' the Riverfront Festival; notice and opportunity to comment on platform and its maximum rated load. Robertson Lake & O'Leary Lake; Moss this rule. No comments were received (vii) During sinking operations in Point, MS shafts where guides and safeties are not and there were no requests for a public yet used, the travel speed of the AGENCY: Coast Guard, DHS. meeting. personnel platform shall not exceed 200 ACTION: Temporary final rule. B. Basis and Purpose feet (60.96 m) per minute. Governor The Moss Point Main Street controls set for 200 feet (60.96 m) per SUMMARY: The Coast Guard is minute shall be installed in the control establishing a temporary special local Association applied for a Marine Event system and shall be used during regulation for a portion of Robertson Permit to conduct a high speed boat race Lake & O'Leary Lake, Moss Point, MS. on Robertson Lake & O'Leary Lake, personnel hoisting. (viii) The personnel platform may This action is necessary for the Moss Point, MS on April 27-28, 2013. travel over the controlled length of the safeguard of participants and spectators, This event will draw in a large number hoistway at rated speeds up to 600 feet including all crews, vessels, and of pleasure craft and the high speed (182.88 m) per minute during sinking persons on navigable waters during the boats pose a significant safety hazard to operations in shafts where guides and Moss Point Rockin' the Riverfront both vessels and mariners operating in or near the area. The COTP Mobile is safeties are used. Festival high speed boat races. Entry (ix) The personnel platform may into, transiting or anchoring in this area establishing a temporary special local travel at rated speeds greater than 600 is prohibited to all vessels not registered regulation for a portion of Robertson feet (182.88 m) per minute in completed with the sponsor as participants or not Lake & O'Leary Lake, Moss Point, MS. shafts. part of the regatta patrol, unless This temporary special local regulation * * * * specifically authorized by the Captain of is deemed necessary to safeguard the Port Mobile or a designated persons and vessels during the high Subpart T-Demolition representative. speed boat races. The legal basis and authorities for this rule are found in 33 3. The authority citation for subpart T DATES: This rule is effective from 11 U.S.C. 1233 and 33 CFR part 100, which of 29 CFR part 1926 continues to read a.m. on April 27, 2013, until 4 p.m. on authorizes the Coast Guard to propose, as follows: April 28, 2013. This rule will be establish, and define regulatory special enforced from 11 a.m. to 4 p.m. on April Authority: 40 U.S.C. 3701; 29 U.S.C. 653, local regulations for safety during 655, 657; and Secretary of Labor's Orders 12- 27 and April 28, 2013. marine events. 71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 ADDRESSES: Documents mentioned in The COTP anticipates minimal impact (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 this preamble are part of docket USCGon vessel traffic due to this regulation. FR 111), 5-2007 (72 FR 31159), or 1-2012 (77 2013-0015. To view documents However, the temporary special local FR 3912), as applicable. mentioned in this preamble as being regulation is deemed necessary for the III 4. Amend § 1926.856 by revising available in the docket, go to http:// safeguard of life and property within the paragraph (c) to read as follows: www.regulations.gov, type the docket COTP Mobile zone. number in the "SEARCH" box and click $1926.856 Removal of walls, floors, and "SEARCH". Click on Open Docket C. Discussion of Comments, Changes material with equipment. Folder on the line associated with this and the Temporary Final Rule * * * * * rulemaking. You may also visit the There were no comments received by (c) Cranes, derricks, and other Docket Management Facility in Room the Coast Guard during the NPRM mechanical equipment. Employers must W12-140 on the ground floor of the process.