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###### Department of Labor

###### Occupational Safety and Health Administration

          - [Docket No. ICR 1218-0115(2004)]

# AGENCY:

Occupational Safety and Health Administration (OSHA), Labor.

# ACTION:

Request for public comment.

# SUMMARY:

OSHA solicits comments concerning its request for an extension of the information collection requirements specified by paragraphs (a)(1), (a)(2), (a)(4), and (a)(16) of the Cranes and Derricks Standard for Construction (29 CFR 1926.550). These paragraphs require employers to provide notification of specified operating characteristics pertaining to cranes and derricks using documentation, posting, or revised 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.

# DATES:

Comments must be submitted by the following dates:

*Hard copy:*                         Your comments must be submitted (postmarked or received) by November 22, 2004.                    

*Facsimile and electronic transmission:*                         Your comments must be received by November 22, 2004.                    

# ADDRESSES:

You may submit comments, identified by OSHA Docket No. ICR-1218-0115(2004), by any of the following methods:

*Regular mail, express delivery, hand delivery, and messenger service:*                         Submit your comments and attachments to the OSHA Docket Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-2350 (OSHA's TTY number is (877) 889-5627). OSHA Docket Office and Department of Labor hours are 8:15 a.m. to 4:45 p.m., ET.                    

*Facsimile:*                         If your comments are 10 pages or fewer in length, including attachments, you may fax them to the OSHA Docket Office at (202) 693-1648.                    

*Electronic:*                         You may submit comments through the Internet at                         *http://ecomments.osha.gov.*                         Follow instructions on the OSHA Web page for submitting comments.                    

*Docket:*                         For access to the docket to read or download comments or background materials, such as the complete Information Collection Request (ICR) (containing the Supporting Statement, OMB-83-I Form, and attachments), go to OSHA's Web page at                         *http://www.OSHA.gov.*                         Comments, submissions, and the ICR are available for inspection and copying at the OSHA Docket Office at the address above. You may also contact Todd Owen at the address below to obtain a copy of the ICR.                    

                        (For additional information on submitting comments, please see the “Public Participation” heading in the                         **SUPPLEMENTARY INFORMATION**                         section of this document.)                    

# FOR FURTHER INFORMATION CONTACT:

Todd Owen, Directorate of Standards and Guidance, OSHA, Room N-3609, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-2222.

# SUPPLEMENTARY INFORMATION:

## I. Submission of Comments on This Notice and Internet Access to Comments and Submissions

You may submit comments and supporting materials in response to this notice by (1) hard copy, (2) fax transmission (facsimile), or (3) electronically through the OSHA Web page. Because of security related problems, there may be a significant delay in the receipt of comments by regular mail. Please contact the OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627) for information about security procedures concerning the delivery of materials by express delivery, hand delivery and messenger service.

                    All comments, submissions and background documents are available for inspection and copying at the OSHA Docket Office at the above address. Comments and submissions posted on OSHA's Web page are available at                     *http://www.OSHA.gov.*                     Contact the OSHA Docket Office for information about materials not available through the OSHA Web page and for assistance using the Web page to locate docket submissions.                

                    Electronic copies of this                     **Federal Register**                     notice as well as other relevant documents are available on OSHA's Web page.                

## II. 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 (PRA-95) (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 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).                

Several paragraphs of the Cranes and Derricks Standard for Construction (§ 1926.550) contain notification requirements, including paragraphs (a)(1), (a)(2), (a)(4), and (a)(16). 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.

                    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                           ( print page 57098)                        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.                

## III. 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.

## IV. Proposed Actions

OSHA is proposing to extend the information collection requirements specified by paragraphs (a)(1), (a)(2), (a)(4), and (a)(16) of Sec. 1926.550. The Agency will summarize the comments submitted in response to this notice and will include this summary in its request to OMB to extend the approval of these information collection requirements contained in the Standard.

*Type of Review:*                     Extension of currently approved information collection requirements.                

*Title:*                     Cranes and Derricks Standard for Construction; Notification of Operational Specifications and Hand Signals (29 CFR 1926.550).                

*OMB Number:*                     1218-0115.                

*Affected Public:*                     Business or other for-profit; not-for-profit institutions; Federal government; State, local, or Tribal governments.                

*Number of Respondents:*                     70,544.                

*Frequency of Response:*                     On occasion.                

*Total Responses:*                     70,544.[1] 

*Average Time per Response:*                     Five minutes (.08 hour) to post specifications or hand-signals illustrations.                

*Estimated Total Burden Hours:*                     5,640.                

*Estimated Cost. (Operation and Maintenance):*                     $477,802.                

## V. Authority and Signature

                    John L. Henshaw, 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 September 17, 2004.

John L. Henshaw,

Assistant Secretary of Labor

# Footnotes

1.                             In estimating the number of respondents (establishments) covered by these paperwork requirements, the Agency assumes a ratio of 1 crane or derrick per establishment. The determinations made by OSHA in the accompanying ICR indicate that paragraphs (a)(2), (a)(4), and (a)(16) cover 70,544 cranes and derricks, resulting in an equal number of establishments (                         *i.e.*                         70,544). In addition, the Agency finds that engineers under contract to employers provide the documentation specified by paragraph (a)(1); therefore, OSHA treats this paperwork requirement as a capital cost under Item 13 of the ICR.                    
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[FR Doc. 04-21358  Filed 9-22-04; 8:45 am]

BILLING CODE 4510-26-M