Adopción de Norma Federal: Vertical Tandem Lifts, Final Rule, Remand.("Levantamientos Verticales Dobles, Consignación Regla Final") Parte: 12 OSH 1915-18 75 FR No. 76 (22018-22020) April 21, 2014

ADMINISTRACIÓN DE SEGURIDAD Y SALUD OCUPACIONAL DE PUERTO RICO Ave. Muñoz Rivera 505, Hato Rey PR 00919 Tel. (787) 754-2172 Ext. 3355 8587 Fecha: 17 de abril de 2015 Secretario de Estado 7-sk Por: Francisco J. Rodríguez Bernier Secretario Auxiliar de Servicios ADOPCIÓN DE NORMA FEDERAL VERTICAL TANDEM LIFTS, FINAL RULE, REMAND ("Levantamientos Verticales Dobles, Consignación Regla Final") Parte: 12 OSH 1915-18 75 FR No. 76 (22018-22020) - April 21, 2014 Expediente del Departamento de Estado Núm. 2342 ENFORMATION GFO 22018 Federal Register/Vol. 79, No. 76/Monday, April 21, 2014/Rules and Regulations section). For access to such Program $ 173.5 Fees. and Agriculture, OSHA, U.S. Material, Requesters may visit (a) The Department will make Department of Labor, Room N-3609, www.state.gov/r. Program Material available online (i.e., 200 Constitution Avenue NW., (b) As a general matter, Program in digital format) at no cost. Washington, DC 20210; telephone (202) Material published both electronically (b) The Department may collect a fee 693-2086 or email wangdahl.amy@ for reimbursement of the reasonable and in hard copy will be made available dol.gov. electronically through Department Web costs incurred to fulfill requests for SUPPLEMENTARY INFORMATION: sites and/or various third-party Program Material not available online. Copies of this Federal Register notice: platforms, although the Department Such requests, including fees applicable Electronic copies of this Federal reserves the right to make Program thereto, shall be governed by part 171, Register notice are available at http:// Material available in hard copy at its subpart B of this subchapter. www.regulations.gov. This notice, as sole discretion. To the extent a Dated April 14, 2014. well as news releases and other relevant Requester seeks Program Material that is Richard Stengel, information, are also available at not made available onliné through Under Secretary for Public Diplomacy and OSHA's Web site at http:// Department Web sites or third-party Public Affairs. www.osha.gov. platforms, such material must be [FR Doc. 2014-09022 Filed 4-18-14; 8:45 am} Since the 1970s, intermodalism (the requested under the FOIA pursuant to BILLING CODE 4710-11-P containerization of cargo) has become the procedures outlined at 22 CFR part the dominant mode of cargo transport in 171, Subpart B. the maritime industry, replacing DEPARTMENT OF LABOR centuries-old, break-bulk cargo (c) The Department will remove handling. In the marine cargo handling Program Material from Department and Occupational Safety and Health industry, intermodalism typically third-party Web sites when it deems Administration involves three key components: such material no longer relevant to the Standardized containers with uniform Department's public diplomacy mission. 29 CFR Part 1917 corner castings; interbox connectors The Department will also remove (such as semiautomatic twistlocks) to Program Material when required by [Docket ID: OSHA-2012-0028] secure the containers (to each other at licensing agreements with third-party RIN 1218-AC72 the four corners, to the deck of the ship, copyright holders. To the extent a to a railroad car, or-to a truck chassis); Requester seeks Program Material that Vertical Tandem Lifts and a type of crane called a container has been removed for whatever reason, such material must be requested under AGENCY: Occupational Safety and Health gantry crane that has specialized Administration (OSHA), Labor. features for rapid loading and unloading the FOIA pursuant to the procedures of containers. Because intermodalism is outlined at 22 CFR part 171, Subpart B. ACTION: Final rule; remand. highly dependent on standardized (d) Once Program Material has been SUMMARY: OSHA is implementing a containers and connecting gear, several removed from the Department's Web court-ordered remand of certain international organizations have site or third-party platforms, a portions of the standard for vertical developed standards for equipment and determination will be made as to tandem lifts (VTLs). This final rule practices to facilitate intermodal freight whether it is a permanent Department implements the remand by: Limiting the operations. This helps ensure that record under the Department's application of the corner-casting and containers and interbox connectors are applicable Records Disposition interbox-connector inspection sized and operate properly SO that Schedule ("RDS"). Permanent records requirements to shore-to-ship VTLs; and containers and connectors from will be transferred in their entirety to removing the tandem lifts of platform different manufacturers will fit together. the National Archives and Records containers from the scope of the VTL On a ship, containers above deck are standard. secured, by interbox connectors, to each Administration ("NARA") according to other and to the deck of the ship. In the the RDS; see 36 CFR 1256.98 for DATES: The final rule becomes effective conventional loading and unloading information about how to request on July 21, 2014. process, the container gantry crane lifts Department Program Material that has ADDRESSES: In accordance with 28 one container (either 6.1 or 12.2 meters been transferred to NARA. Material U.S.C. 2112(a), the Agency designates long) at a time, using the crane's designated as "temporary" under the Joseph Woodward, the Associate specially developed spreader beam. A applicable RDS will be destroyed once Solicitor of Labor for Occupational VTL is the practice of a container crane it has been removed from the Safety and Health, Office of the Solicitor lifting two or more intermodal Department OT third-party sites. of Labor, Room S4004, U.S. Department containers, one on top of the other, of Labor, 200 Constitution Avenue NW., $173.4 Terms of use and other connected by a particular type of compliance. Washington, DC 20210, to receive interbox connector, known as a petitions for review of the final rule. semiautomatic twistlock. Requesters and users of Department FOR FURTHER INFORMATION CONTACT: On December 10, 2008, OSHA Web sites, or third-party Web sites General information and press published a final rule [73 FR 75245] containing Program Material, are inquiries: Frank Meilinger, Director, adopting new requirements relating to responsible for complying with the OSHA Office of Communications, U.S. VTLs (73 FR 75246). The final standard Terms of Use applicable to any such Department of Labor, Room N-3647, permitted VTLs of no more than two site. Requesters are also solely 200 Constitution Avenue NW., empty containers provided that certain responsible for complying with any Washington, DC 20210; telephone: (202) safeguards are followed. The final rule applicable statutes governing the use of 693-1999; email: Meilinger.francis2@ required, among other safeguards, such material and securing appropriate dol.gov. inspections of each container, interbox licenses for use of such material, if Technical Information: Mrs. Amy connector, and corner casting required. Wangdahl, Director, Office of Maritime immediately before use in a VTL (29 Federal Register/Vol. 79, No. 76/Monday, April 21, 2014/Rules and Regulations 22019 CFR 1917.71(i)(9)). The final rule also that the requirements of paragraph (i)(9) compliance costs. This final rule simply prohibited lifting platform containers as of $ 1917.71 do not apply to ship-tocodifies the Court's action. Therefore, part of a VTL unit (29 CFR shore VTLs. the final rule does not impose 1917.71(i)(10)). For the hazards addressed by the significant additional costs on any The National Maritime Safety portions of the VTL standard vacated by private-sector or public-sector entity Association (NMSA), a trade association the DC Circuit, OSHA is reverting to its and does not meet any of the criteria for representing marine terminal operators, prior interpretative positions. For a significant rule specified by Executive petitioned the U.S. Court of Appeals for inspections of ship-to-shore VTLs, Order 12866 or 13563. Because this final the District of Columbia Circuit for OSHA's position is set forth in the rule has no significant additional costs, review of the VTL standard, arguing, in September 2, 1993 letter from Roy OSHA certifies that it will not have a part, that two of the Standard's Gurnham to Michael Bohlman (the significant economic impact on a requirements-the interbox connector "Gurnham letter"), which indicates that: substantial number of small entities. inspection requirement in Accordingly, the Agency is not. $ 1917.71(i)(9) and the ban on VTLs of The containers must be inspected for preparing a regulatory flexibility platform containers in $ 1917.71(i)(10)- visible defects prior to hoisting and damaged analysis under the Regulatory containers shall not be hoisted in tandem. were not technologically feasible.¹ The Ref.-29 C.F.R. 1918.85(d). Flexibility Act. See 5 U.S.C. 605. In Court found that there was insufficient addition, the requirements of the evidence supporting OSHA's (R. Doc. #OSHA-S025A-2006-0658- Regulatory Flexibility Act do not apply determination of technological 0003.) Any other requirements because a general notice of proposed feasibility with respect to those two referenced in the Gurnham letter that rulemaking was not published for this provisions. Accordingly, the Court are not required by an applicable final rule. See 5 U.S.C. 601(2). Likewise, vacated and remanded the inspection standard are superceded by the VTL the rule is not a "major rule" for requirement at § 1917.71(i)(9), as standard. purposes of the Congressional Review applied to ship-to-shore VTLs, and the For the hazards arising from lifts of Act. See 5 U.S.C. 804. total ban on platform container VTLs at multiple platform (flatrack) containers, the letter of January 16, 2004 from Federalism $ 1917.71(i)(10). National Maritime Safety Ass'n V. OSHA, 649 F.3d 743, Richard E. Fairfax to Larry Hansen OSHA reviewed this final rule in 753-54 (DC. Cir. 2011). applies. That letter states that: accordance with the Executive Order on OSHA is revising $ 1917.71 to When connected by semi-automatic Federalism (Executive Order 13132, 64 effectuate the Court's ruling. First, the twistlocks (i.e., liftlocks that are not built-in), FR 43255, Aug. 10, 1999), which Agency is removing paragraph (i)(10) of only two empty flatrack containers with their requires that Federal agencies, to the that section which prohibited the lifting end frames folded may be lifted as a vertical extent possible, refrain from limiting of platform containers as part of a VTL. tandem lift (VTL). When connected with State policy options, consult with States In addition, it is revising the scope of internal mechanisms (i.e., built-in connectors prior to taking any actions that would that are designed for lifting), the number of the VTL standard in the introductory empty flatrack containers with their end restrict State policy options, and take text to paragraph (i) of that section to frames folded that may be lifted cannot such actions only when clear make clear that vertical tandem lifts of exceed the manufacturers' recommendations. constitutional authority exists and the platform containers are not covered. Empty flatrack containers with their end problem is national in scope. Neither the proposed nor the final rule frames in the upright position are not Section 18 of the Occupational Safety contemplated that platform containers allowed to be lifted as a VTL because of and Health Act of 1970 (the OSH Act; would be covered under the strength and stability considerations. The U.S.C. 651 et seq.) allows States to requirements included in paragraph (i), provisions listed in the [Gumham letter] adopt, with Federal approval, a plan for apply to VTL lifts of two empty containers and there is nothing in the Court's the development and enforcement of connected by semi-automatic twistlocks. decision indicating that it intended such Although the Gumham letter does not occupational safety and health a result. Consequently, OSHA believes specifically mention VTL lifts of flatrack standards; OSHA refers to States that that the only reasonable way to containers, OSHA concluded that the obtain Federal approval for such a plan implement the Court's decision vacating provisions listed in the letter also apply to as "State Plan States" (29 U.S.C. 667). the provision banning VTLs of platform VTL lifts of two empty flatrack containers Occupational safety and health containers is to exempt VTLs of such with their end frames folded and connected standards developed by State Plan containers from the scope of § 1917.71(i) by semi-automatic twistlocks. States must be at least as effective in in addition to removing existing (R. Doc. #OSHA-S025A-2006-0658- providing safe and healthful § 1917.71(i)(10). 0183.) employment and places of employment Second, OSHA is adding a new as the Federal standards. Subject to Final Economic Analysis and paragraph in § 1917.71(i)(9) to make the these requirements, State Plan States are Regulatory Flexibility Act Certification inspection requirements in free to develop and enforce their own § 1917.71(i)(9) inapplicable to ship-to- The Agency concludes that the requirements for occupational safety shore VTLs. The addition, which revisions will not impose any additional and health standards. Section 18(c)(2) of appears in paragraph (i)(9)(vii), states costs on employers as it merely the OSH Act permits State Plan States implements the order of the Court and Territories to develop and enforce NMSA also argued that (1) OSHA failed to remanding two provisions of the VTL their own standards for VTL operations demonstrate that VTLs pose a significant risk to standard at § 1917.71(i). As a result of provided they are at least as effective in worker safety; (2) the Standard was not reasonably the Court's action, employers have not providing safe and healthful necessary or appropriate in light of the safe work zone requirement; (3) OSHA's authority is limited needed to comply with the inspection employment and places of employment to requiring, not prohibiting, workplace practices; requirements in $ 1917.71(i)(9), with as the requirements specified in this and (4) if the standard is otherwise valid, in respect to ship-to-shore VTLs, or with final rule. granting OSHA standard-setting authority under the the ban on VTLs of platform containers In summary, this final rule complies Occupational Safety and Health Act (29 U.S.C. 651- 678) Congress uncoristitutionally delegated its in § 1917.71(i)(10). By removing with Executive Order 13132. In States legislative power to the executive branch. However, workplace requirements, the Court's without OSHA-approved State Plans, the Court denied those parts of NMSA's petition. decision reduces rather than increases this final rule would limit State policy 22020 Federal Register/Vol. 79, No. 76/Monday, April 21, 2014/Rules and Regulations options in the same manner as every does not meet the definition of a 1917.71 Terminals handling intermodal standard promulgated by OSHA. In "Federal intergovernmental mandate" containers or roll-on roll-off operations. States with OSHA-approved State Plans, (see Section 421(5) of the Unfunded * * * * * this rulemaking would not significantly Mandates Reform Act (2 U.S.C. 658(5)). (i) Vertical tandem lifts. The limit State policy options. Therefore, for the purposes of the following requirements apply to State Plan States Unfunded Mandates Reform Act, the operations involving the lifting of two or Agency certifies that this final rule does more intermodal containers by the top When Federal OSHA promulgates a not mandate that State, local, or tribal container (vertical tandem lifts or new standard or a more stringent governments adopt new, unfunded VTLs). These requirements do not apply amendment to an existing standard, the regulatory obligations, or increase to operations involving the lifting of two 27 States or U.S. Territories with their expenditures by the private sector of or more interconnected platform own OSHA-approved occupational more than $100 million in any year. In containers. safety and health plans must amend addition, the requirements of UMRA do * their standards to reflect the new not apply because a general notice of (9) * * * standard or amendment or show OSHA proposed rulemaking was not published why such action is unnecessary (by (vii) The requirements of paragraph for this final rule. See 2 U.S.C. 1532(a). showing, for example, that an existing (i)(9) of this section do not apply to State standard covering this area is List of Subjects in 29 CFR Part 1917 ship-to-shore VTLs. * * * * already "at least as effective" as the new Freight, Longshore and harbor Federal standard or amendment). (See workers, Occupational safety and [FR Doc. 2014-08725 Filed 4-18-14; 8:45 am] 29 CFR 1953.5(a).) The State standard health. BILLING CODE 4510-26-P must be "at least as effective" as the final Federal rule and must be adopted Authority and Signature within 6 months of the publication date This document was prepared under DEPARTMENT OF HOMELAND of the final Federal rule (29 CFR the direction of David Michaels, Ph.D., SECURITY 1953.5(a)). When OSHA promulgates a MPH Assistant Secretary of Labor for new standard or amendment that does Occupational Safety and Health, 200 Coast Guard not impose additional or more stringent Constitution Avenue NW., Washington, requirements than the existing standard, DC 20210. It is issued pursuant to 33 CFR Part 165 as is the case in this final rule, State sections 4, 6, and 8 of the Occupational [Docket No. USCG-2014-0153] Plan States are not required to amend Safety and Health Act of 1970, Public their standards, although OSHA may Law 91-596, 84 Stat. 1590 (29 U.S.C. RIN 1625-AA00 encourage them to do SO. 653, 655, 657), section 41 of the The 27 States and territories with Longshore and Harbor Workers' Safety Zone; Lucas Oil Drag Boat OSHA-approved State Plans are: Alaska, Compensation Act (33 U.S.C. 941), the Racing Series; Thompson Bay, Lake Arizona, California, Connecticut, judgment of the court in National Havasu City, AZ Hawaii, Illinois, Indiana, Iowa, Maritime Safety Association V. OSHA, AGENCY: Coast Guard, DHS. Kentucky, Maryland, Michigan, 649 F.3d 743 (D.C. Cir. 2011), and Minnesota, Nevada, New Mexico, New Secretary of Labor's Order No. 1-2012 ACTION: Temporary final rule. Jersey, New York, North Carolina, (77 FR 3912). SUMMARY: The Coast Guard is Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Signed at Washington, DC on April 8, establishing a temporary safety zone 2014. within the navigable waters of Virgin Islands, Washington, and David Michaels, Thompson Bay in Lake Havasu City, Wyoming. Connecticut, Illinois, New Jersey, New York, and the Virgin Islands Assistant Secretary of Labor for Occupational Arizona in support of the Lucas Oil Drag have OSHA-approved State Plans that Safety and Health. Boat Racing Series high speed drag boat apply to State and local government Accordingly, 29 CFR part 1917 is race. This safety zone is necessary to employees only. amended as follows: provide for the safety of the participants, crew, spectators, Unfunded Mandates Reform Act of PART 1917-MARINE TERMINALS participating vessels, and other vessels 1995 and users of the waterway. Persons and OSHA reviewed this final rule in H 1. The authority citation for part 1917 vessels are prohibited from entering accordance with the Unfunded is revised to read as follows: into, transiting through, or anchoring Mandates Reform Act of 1995 (2 U.S.C. Authority: 33 U.S.C. 941; 29 U.S.C. 653, within this safety zone unless 1501 et seq.) and Executive Order 12875 655, 657; Secretary of Labor's Order No. 12- authorized by the Captain of the Port, or (58 FR 58093 (Oct. 28, 1993)). As 71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 his designated representative. discussed earlier in this notice, the (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 DATES: This rule is effective from 7 a.m. Agency determined that this final rule FR 111), 3-2000 (65 FR 50017), 5-2002 (67 to 7 p.m. on May 2, 2014 through May FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 will not impose additional costs on any 4, 2014. FR 55355), or 1-2012 (77 FR 3912), as private-sector or public-sector entity. applicable; and 29 CFR part 1911. ADDRESSES: Documents mentioned in Accordingly, this final rule requires no Section 1917.28 also issued under 5 U.S.C. this preamble are part of docket [USCGadditional expenditures by either public 553. 2014-0153]. To view documents or private employers. Section 1917.29 also issued under 49 mentioned in this preamble as being Further, as noted earlier in this notice, U.S.C. 1801-1819 and 5 U.S.C. 553. available in the docket, go to http:// the Agency's standards do not apply to a 2. Section 1917.71 is amended by www.regulations.gov, type the docket State and local governments except in revising paragraph (i) introductory text, number in the "SEARCH" box and click States that have elected voluntarily to adding paragraph (i)(9)(vii), and "SEARCH." Click on Open Docket adopt a State Plan approved by the removing paragraph (i)(10) to read as Folder on the line associated with this Agency. Consequently, this final rule follows: rulemaking. You may also visit the