Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Proposed Rules 67309 

conditions would also apply to the other 

model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Embraer S.A. Model 

EMB–550 airplane must comply with 

the fuel vent and exhaust emission 

requirements of 14 CFR part 34 and the 

noise certification requirements of 14 

CFR part 36 and the FAA must issue a 

finding of regulatory adequacy under 

§ 611 of Public Law 92–574, the ‘‘Noise 

Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type-certification basis under 

§ 21.17(a)(2). 

Novel or Unusual Design Features 

The Embraer S.A. Model EMB–550 

airplane will incorporate the following 

novel or unusual design features: The 

Model EMB–550 airplane has a 

hydrophobic coating on the windshield 

to provide adequate pilot compartment 

view in precipitation in lieu of 

windshield wipers. 

Discussion 

14 CFR 25.773(b)(1) requires a means 

to maintain a clear portion of the 

windshield for both pilots to have a 

sufficiently extensive view along the 

flight path during precipitation 

conditions. The regulations require this 

means to maintain such an area during 

precipitation in heavy rain at speeds up 

to 1.5 VSR1. The requirement that the 

means to maintain a clear area of 

forward vision must function at high 

speeds and high precipitation rates is 

based on the use of windshield wipers 

as the means to maintain an adequate 

area of clear vision in precipitation 

conditions. The requirement in 14 CFR 

121.313(b), and in 14 CFR 125.213(b), to 

provide ‘‘a windshield wiper or 

equivalent for each pilot station’’ has 

remained unchanged since at least 1953. 

The effectiveness of windshield 

wipers to maintain an area of clear 

vision normally degrades as airspeed 

and precipitation rates increase. It is 

assumed that because high speeds and 

high precipitation rates represent 

limiting conditions for windshield 

wipers, they will also be effective at 

lower speeds and precipitation levels. 

Accordingly, § 25.773(b)(1)(i) does not 

require maintenance of a clear area of 

forward vision at lower speeds or lower 

precipitation rates. 

A forced airflow blown directly over 

the windshield has also been used to 

maintain an area of clear vision in 

precipitation. The limiting conditions 

for this technology are comparable to 

those for windshield wipers. 

Accordingly, introduction of this 

technology did not present a need for 

special conditions to maintain the level 

of safety embodied in the existing 

regulations. 

Hydrophobic windshield coatings 

may depend to some degree on airflow 

directly over the windshield to maintain 

a clear vision area. The heavy rain and 

high-speed conditions specified in the 

current rule do not necessarily represent 

the limiting conditions for this new 

technology. For example, airflow over 

the windshield, which may be necessary 

to remove moisture from the 

windshield, may not be adequate to 

maintain a sufficiently clear area of the 

windshield in low speed flight or during 

ground operations. Alternatively, 

airflow over the windshield may be 

disturbed during such critical times as 

the approach to land, where the airplane 

is at a higher than normal pitch attitude. 

In these cases, areas of airflow 

disturbance or separation on the 

windshield could cause failure to 

maintain a clear vision area on the 

windshield. 

In addition to potentially depending 

on airflow to function effectively, 

hydrophobic coatings may also be 

dependent on water droplet size for 

effective precipitation removal. For 

example, precipitation in the form of a 

light mist may not be sufficient for the 

coating’s properties to result in 

maintaining a clear area of vision. 

In summary, the current regulations 

identify speed and precipitation rate 

requirements that represent limiting 

conditions for windshield wipers and 

blowers, but not for hydrophobic 

coatings, so it is necessary to issue 

special conditions to maintain the level 

of safety represented by the current 

regulations. 

These special conditions provide an 

appropriate safety standard for the 

hydrophobic coating technology as the 

means to maintain a clear area of vision 

by requiring it to be effective at low 

speeds and precipitation rates as well as 

the higher speeds and precipitation 

rates identified in the current 

regulation. 

Applicability 

As discussed above, these special 

conditions are applicable to the Embraer 

S.A. Model EMB–550 airplane. Should 

Embraer S.A. apply at a later date for a 

change to the type certificate to include 

another model incorporating the same 

novel or unusual design feature, the 

special conditions would apply to that 

model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplanes. It is not a rule of general 

applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for Embraer 

S.A. Model EMB–550 airplanes. 

Hydrophobic Coatings in Lieu of 

Windshield Wipers 

The airplane must have a means to 

maintain a clear portion of the 

windshield, during precipitation 

conditions, enough for both pilots to 

have a sufficiently extensive view along 

the ground or flight path in normal taxi 

and flight attitudes of the airplane. This 

means must be designed to function, 

without continuous attention on the 

part of the flightcrew, in conditions 

from light misting precipitation to heavy 

rain at speeds from fully stopped in still 

air, to 1.5 VSR1 with lift and drag devices 

retracted. 

Issued in Renton, Washington, on 

November, 5, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–27373 Filed 11–8–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2012–1199; Notice No. 25– 

12–06–SC] 

Special Conditions: Embraer S.A., 

Model EMB–550 Airplanes; Flight 

Envelope Protection: Performance 

Credit for Automatic Takeoff Thrust 

Control System (ATTCS) During GoAround 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Embraer S.A. Model 


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67310 Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Proposed Rules 

EMB–550 airplane. This airplane will 

have a novel or unusual design 

feature(s) associated with the use of an 

Automatic Takeoff Thrust Control 

System (ATTCS) during go-around. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for this design feature. 

These proposed special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. 

DATES: Send your comments on or 

before December 24, 2012. 

ADDRESSES: Send comments identified 

by docket number FAA–2012–1199 

using any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 8 

a.m. and 5 p.m., Monday through 

Friday, except federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov/, 

including any personal information the 

commenter provides. Using the search 

function of the docket web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at 

http://DocketsInfo.dot.gov/. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov/ at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except federal holidays. 

FOR FURTHER INFORMATION CONTACT: Joe 

Jacobsen, FAA, Airplane and Flight 

Crew Interface Branch, ANM–111, 

Transport Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington, 98057–3356; 

telephone 425–227–2011; facsimile 

425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. 

We will consider all comments we 

receive on or before the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

Background 

On May 14, 2009, Embraer S.A. 

applied for a type certificate for their 

new Model EMB–550 airplane. The 

Model EMB–550 airplane is the first of 

a new family of jet airplanes designed 

for corporate flight, fractional, charter, 

and private owner operations. The 

aircraft has a conventional configuration 

with low wing and T-tail empennage. 

The primary structure is metal with 

composite empennage and control 

surfaces. The Model EMB–550 airplane 

is designed for 8 passengers, with a 

maximum of 12 passengers. It is 

equipped with two Honeywell 

HTF7500–E medium bypass ratio 

turbofan engines mounted on aft 

fuselage pylons. Each engine produces 

approximately 6,540 pounds of thrust 

for normal takeoff. The primary flight 

controls consist of hydraulically 

powered fly-by-wire elevators, ailerons 

and rudder, controlled by the pilot or 

copilot sidestick. 

Embraer S.A. has incorporated an 

ATTCS function into the engine of the 

Model EMB–550 airplane. It has a full 

authority digital electronic control 

system architecture. Embraer S.A. 

proposed allowing performance credit 

for this function during go-arounds to 

show compliance with the requirements 

of § 25.121(d) for approach climb 

performance. Since the airworthiness 

requirements do not contain appropriate 

safety standards for approach climb 

performance using ATTCS, special 

conditions are required to establish a 

level of safety equivalent to that of the 

regulations. 

Part 25 appendix I contains standards 

for use of ATTCS during takeoff. These 

special conditions establish standards to 

extend the use of ATTCS to the goaround phase. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations (14 CFR) 21.17, 

Embraer S.A. must show that the Model 

EMB–550 airplane meets the applicable 

provisions of part 25, as amended by 

Amendments 25–1 through 25–127 

thereto. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Model EMB–550 airplane 

because of a novel or unusual design 

feature, special conditions are 

prescribed under the provisions of 

§ 21.16. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same or similar novel 

or unusual design feature, the special 

conditions would also apply to the other 

model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Model EMB–550 

airplane must comply with the fuel vent 

and exhaust emission requirements of 

14 CFR part 34 and the noise 

certification requirements of 14 CFR 

part 36 and the FAA must issue a 

finding of regulatory adequacy under 

§ 611 of Public Law 92–574, the ‘‘Noise 

Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type-certification basis under 

§ 21.17(a)(2). 

Novel or Unusual Design Features 

The Embraer S.A. Model EMB–550 

airplane has an ATTCS that is used for 

both takeoff and go-around functions. 

Section 25.904 and part 25 appendix 

I refer to operations of ATTCS only 

during takeoff. The Embraer S.A. Model 

EMB–550 airplane also provides for use 

of ATTCS for go-arounds. As a result, if 

an engine failure occurs during a goaround, the remaining engine 

automatically applies maximum goaround thrust. In addition, in the case 

of an approach with one engine already 

inoperative, if it is necessary to perform 

a go-around, the operating engine 

automatically applies maximum goaround thrust. 

These special conditions are intended 

to ensure that the ATTCS functions 

correctly and meets expected 

performance requirements during goarounds when the airplane is limited by 

weight, altitude, and/or temperature 

during an approach. 


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Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Proposed Rules 67311 

Discussion 

Since current airworthiness 

requirements do not contain safety 

standards to allow credit for ATTCS in 

determining approach climb 

performance, these special conditions 

are required to establish a level of safety 

equivalent to that of the regulations. The 

definition of a critical time interval for 

the approach climb case similar to the 

critical time interval for takeoff defined 

in part 25 appendix I is of primary 

importance. During an approach climb, 

it must be extremely improbable to 

violate a flight path based on the climb 

gradient requirement of § 25.121(d). 

This climb gradient requirement implies 

a minimum one-engine-inoperative 

flight path capability with the airplane 

in the approach configuration. The 

engine may have been inoperative 

before initiating the go-around, or it may 

become inoperative during the goaround. The definition of the critical 

time interval must consider both 

possibilities. 

The propulsive thrust used to 

determine compliance with the 

approach climb requirements of 

§ 25.121(d) is limited to the lesser of: 

• The thrust provided by the ATTCS, 

or 

• 111% of the thrust resulting from 

the initial thrust setting with the ATTCS 

failing to perform its uptrim function 

and without action by the flightcrew to 

reset thrust. 

This requirement serves to limit the 

adverse performance effects of a 

combined engine and ATTCS failure, 

and ensures adequate performance of an 

all-engines-operating go-around. 

Applicability 

As discussed above, these special 

conditions are applicable to the Embraer 

S.A. Model EMB–550 airplane. Should 

Embraer S.A. apply at a later date for a 

change to the type certificate to include 

another model incorporating the same 

novel or unusual design feature, the 

special conditions would apply to that 

model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplanes. It is not a rule of general 

applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for Embraer 

S.A. Model EMB–550 airplanes. 

1. The Model EMB–550 airplane must 

comply with the requirements of 14 CFR 

25.904 and appendix I to 14 CFR part 

25 and the following requirements 

pertaining to the go-around phase of 

flight: 

2. Definitions 

a. Takeoff/go-around (TOGA): throttle 

lever in takeoff or go-around position. 

b. Automatic takeoff thrust control 

system (ATTCS): the ATTCS in Model 

EMB–550 airplanes is defined as the 

entire automatic system available during 

takeoff and in go-around mode, 

including all devices, both mechanical 

and electrical, that sense engine failure, 

transmit signals, actuate fuel controls or 

power levers (or increase engine power 

by other means on operating engines to 

achieve scheduled thrust or power 

increase), and furnish cockpit 

information on system operation. 

c. Critical time interval: the definition 

of the critical time interval in 14 CFR 

appendix I 25.2(b) must be expanded to 

include the following: 

i. When conducting an approach for 

landing using ATTCS, the critical time 

interval is defined as follows: 

a. The critical time interval begins at 

a point on a 2.5 degree approach glide 

path from which, assuming a 

simultaneous engine and ATTCS 

failure, the resulting approach climb 

flight path intersects a flight path 

originating at a later point on the same 

approach path corresponding that 

corresponds to the 14 CFR part 25 oneengine-inoperative approach climb 

gradient. The period of time from the 

point of simultaneous engine and 

ATTCS failure to the intersection of 

these flight paths must be no shorter 

than the time interval used in evaluating 

the critical time interval for takeoff 

beginning from the point of 

simultaneous engine and ATTCS failure 

and ending upon reaching a height of 

400 feet. 

b. The critical time interval ends at 

the point on a minimum performance, 

all-engines-operating go-around flight 

path from which, assuming a 

simultaneous engine and ATTCS 

failure, the resulting minimum 

approach climb flight path intersects a 

flight path corresponding to the 14 CFR 

part 25 minimum one-engineinoperative approach climb gradient. 

The all-engines-operating go-around 

flight path and the 14 CFR part 25 oneengine-inoperative approach climb 

gradient flight path originate from a 

common point on a 2.5 degree approach 

path. The period of time from the point 

of simultaneous engine and ATTCS 

failure to the intersection of these flight 

paths must be no shorter than the time 

interval used in evaluating the critical 

time interval for the takeoff beginning 

from the point of simultaneous engine 

and ATTCS failure and ending upon 

reaching a height of 400 feet. 

ii. The critical time interval must be 

determined at the altitude resulting in 

the longest critical time interval for 

which one-engine-inoperative approach 

climb performance data are presented in 

the airplane flight manual (AFM). 

iii. The critical time interval is 

illustrated in the following figure: 


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3. Performance and system reliability 

requirements: The applicant must 

comply with the performance and 

ATTCS reliability requirements as 

follows: 

a. An ATTCS failure or a combination 

of failures in the ATTCS during the 

critical time interval: 

i. Must not prevent the insertion of 

the maximum approved go-around 

thrust or power, or must be shown to be 

a remote event. 

ii. Must not result in a significant loss 

or reduction in thrust or power, or must 

be shown to be an extremely improbable 

event. 

b. The concurrent existence of an 

ATTCS failure and an engine failure 

during the critical time interval must be 

shown to be extremely improbable. 

c. All applicable performance 

requirements of 14 CFR part 25 must be 

met with an engine failure occurring at 

the most critical point during go-around 

with the ATTCS functioning. 

d. The probability analysis must 

include consideration of ATTCS failure 

occurring after the time at which the 

flightcrew last verifies that the ATTCS 

is in a condition to operate until the 

beginning of the critical time interval. 

e. The propulsive thrust obtained 

from the operating engine after failure of 

the critical engine during a go-around 

used to show compliance with the oneengine-inoperative climb requirements 

of § 25.121(d) may not be greater than 

the lesser of: 

i. The actual propulsive thrust 

resulting from the initial setting of 

power or thrust controls with the 

ATTCS functioning; or 

ii. 111% of the propulsive thrust 

resulting from the initial setting of 

power or thrust controls with the 

ATTCS failing to reset thrust or power 

and without any action by the 

flightcrew to reset thrust or power. 

4. Thrust setting 

a. The initial go-around thrust setting 

on each engine at the beginning of the 

go-around phase may not be less than 

any of the following: 

i. That required to permit normal 

operation of all safety-related systems 

and equipment dependent upon engine 

thrust or power lever position; or 

ii. That shown to be free of hazardous 

engine response characteristics and not 

to result in any unsafe aircraft operating 

or handling characteristics when thrust 

or power is advanced from the initial 

go-around position to the maximum 

approved power setting. 

b. For approval to use an ATTCS for 

go-arounds, the thrust setting procedure 

must be the same for go-arounds 

initiated with all engines operating as 

for go-around initiated with one engine 

inoperative. 

5. Powerplant controls 

a. In addition to the requirements of 

§ 25.1141, no single failure or 

malfunction, or probable combination 

thereof, of the ATTCS, including 

associated systems, may cause the 

failure of any powerplant function 

necessary for safety. 

b. The ATTCS must be designed to: 

i. Apply thrust or power on the 

operating engine(s), following any oneengine failure during a go-around, to 

achieve the maximum approved goaround thrust without exceeding the 

engine operating limits; 

ii. Permit manual decrease or increase 

in thrust or power up to the maximum 

go-around thrust approved for the 

airplane under the existing conditions 

through the use of the power lever. For 

airplanes equipped with limiters that 

automatically prevent the engine 

operating limits from being exceeded 

under existing ambient conditions, 

other means may be used to increase the 

thrust in the event of an ATTCS failure, 

provided that the means: 

1. Is located on or forward of the 

power levers; 

2. Is easily identified and operated 

under all operating conditions by a 

single action of either pilot with the 

hand that is normally used to actuate 

the power levers; and 

3. Meets the requirements of 

§ 25.777(a), (b), and (c). 

iii. Provide a means to verify to the 

flightcrew before beginning an approach 

for landing that the ATTCS is in a 

condition to operate (unless it can be 

demonstrated that an ATTCS failure 

combined with an engine failure during 

an entire flight is extremely 

improbable); and 

iv. Provide a means for the flightcrew 

to deactivate the automatic function. 

This means must be designed to prevent 

inadvertent deactivation. 

6. Powerplant instruments: In 

addition to the requirements of 

§ 25.1305: 

a. A means must be provided to 

indicate when the ATTCS is in the 

armed or ready condition; and 

b. If the inherent flight characteristics 

of the airplane do not provide adequate 

warning that an engine has failed, a 

warning system that is independent of 

the ATTCS must be provided to give the 

pilot a clear warning of any engine 

failure during a go-around. 


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Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Proposed Rules 67313 

Issued in Renton, Washington, on 

November 5, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–27372 Filed 11–8–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1926 

[Docket ID–OSHA–2012–0025] 

RIN 1218–AC75 

Revising the Exemption for Digger 

Derricks in the Cranes and Derricks in 

Construction Standard 

AGENCY: Occupational Safety and Health 

Administration (OSHA); Labor. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: OSHA is broadening the 

exemption for digger derricks in its 

standard for cranes and derricks. OSHA 

issued a final standard updating the 

requirements for cranes and derricks on 

August 9, 2010, and the Edison Electric 

Institute (EEI) petitioned for review of 

the standard in the United States Court 

of Appeals. After petitioning, EEI 

provided OSHA with new information 

regarding digger derricks. OSHA 

reviewed the additional information and 

the rulemaking record, and decided to 

broaden the exemption for digger 

derricks used in the electric-utility 

industry by means of this proposed rule. 

DATES: Comment by December 10, 2012. 

All submissions, whether transmitted, 

mailed, or delivered, must bear a 

postmark or provide other evidence of 

the submission date. 

ADDRESSES: Submit comments 

(including comments to the 

information-collection (paperwork) 

determination described under the 

section titled AGENCY 

DETERMINATIONS), hearing requests, 

and other information and materials, 

identified by Docket No. OSHA–2012– 

0025, by any of the following methods: 

Electronically: Submit comments and 

attachments electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for submitting 

comments. 

Facsimile: OSHA allows facsimile 

transmission of comments that are 10 

pages or fewer in length (including 

attachments). Fax these documents to 

the OSHA Docket Office at (202) 693– 

1648; OSHA does not require hard 

copies of these documents. Instead of 

transmitting facsimile copies of 

attachments that supplement these 

documents (e.g., studies, journal 

articles), commenters must submit these 

attachments to the OSHA Docket Office, 

Technical Data Center, Room N–2625, 

OSHA, U.S. Department of Labor, 200 

Constitution Ave., NW., Washington, 

DC 20210. These attachments must 

clearly identify the sender’s name, the 

date, and the docket number (OSHA– 

2012–0025), so that the Docket Office 

can attach them to the appropriate 

document. 

Regular or express mail, hand 

delivery, or messenger (courier) service: 

Submit comments and any additional 

information or material to the OSHA 

Docket Office, Docket No. OSHA–2012– 

0025 or RIN No. 1218–AC75, Technical 

Data Center, Room N–2625, OSHA, U.S. 

Department of Labor, 200 Constitution 

Ave., NW., Washington, DC 20210; 

telephone: (202) 693–2350. (OSHA’s 

TTY number is (877) 889–5627.) Contact 

the OSHA Docket Office for information 

about security procedures concerning 

delivery of materials by express mail, 

hand delivery, and messenger service. 

The Docket Office will accept deliveries 

(express mail, hand delivery, and 

messenger service) during the Docket 

Office’s normal business hours, 8:15 

a.m. to 4:45 p.m. ET. 

Docket: To read or download 

comments or other information or 

material in the docket, go to http:// 

www.regulations.gov or to the OSHA 

Docket Office at the address above. 

Documents in the docket are listed in 

the http://www.regulations.gov index; 

however, some information (e.g., 

copyrighted material) is not available 

publicly to read or download through 

this Web site. All submissions, 

including copyrighted material, are 

available for inspection at the OSHA 

Docket Office. Contact the OSHA Docket 

Office for assistance in locating docket 

submissions. 

FOR FURTHER INFORMATION CONTACT: 

General information and press inquiries: 

Mr. Frank Meilinger, Director, OSHA 

Office of Communications, Room N– 

3647, U.S. Department of Labor, 200 

Constitution Avenue NW., Washington, 

DC 20210; telephone: (202) 693–1999; 

email: meilinger.francis2@dol.gov. 

Technical inquiries: Mr. Garvin 

Branch, Directorate of Construction, 

Room N–3468, OSHA, U.S. Department 

of Labor, 200 Constitution Avenue NW., 

Washington, DC 20210; telephone: (202) 

693–2020; fax: (202) 693–1689; email: 

branch.garvin@dol.gov. 

For copies of this Federal Register 

notice, news releases, and other relevant 

document: Electronic copies of these 

documents are available at OSHA’s Web 

page at http://www.osha.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Request for Comment 

II. Direct Final Rulemaking 

III. Discussion of the Digger-Derrick 

Exemption in 29 CFR 1926, Subpart CC 

A. Background 

B. Changes to the Text of the Exemption in 

29 CFR 1926.1400(c)(4) 

C. Discussion of Conforming Revisions to 

29 CFR 1926, Subpart V (Power 

Transmission and Distribution) 

IV. Agency Determinations 

A. Significant Risk 

B. Final Economic Analysis and Final 

Regulatory Flexibility Analysis 

C. Technological Feasibility 

D. Paperwork Reduction Act of 1995 

E. Federalism 

F. State Plan States 

G. Unfunded Mandates Reform Act 

H. Consultation and Coordination With 

Indian Tribal Governments 

List of Subjects in 29 CFR Part 1926 

Authority and Signature 

Amendments to Standards 

I. Request for Comment 

OSHA requests comments on all 

issues related to this proposed rule, 

including economic, paperwork, or 

other regulatory impacts of this rule on 

the regulated community. If OSHA 

receives no significant adverse comment 

to either this proposal or the direct final 

rule, OSHA will publish a Federal 

Register document confirming the 

effective date of the direct final rule and 

withdrawing this companion proposed 

rule published in the ‘‘Proposed Rules’’ 

section of today’s Federal Register. 

Such confirmation may include minor 

stylistic or technical changes to the 

document. For the purpose of judicial 

review, OSHA views the date of 

confirmation of the effective date of this 

direct final rule as the date of 

promulgation. 

II. Direct Final Rulemaking 

In direct final rulemaking, an agency 

publishes a direct final rule in the 

Federal Register with a statement that 

the rule will go into effect unless the 

agency receives significant adverse 

comment within a specified period. The 

agency may publish an identical 

proposed rule at the same time. If the 

agency receives no significant adverse 

comment in response to the direct final 

rule, the rule goes into effect. OSHA 

typically confirms the effective date of 

a direct final rule through a separate 

Federal Register notice. If the agency 

receives a significant adverse comment, 

the agency withdraws the direct final 

rule and treats such comment as a 


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