Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Proposed Rules 36507 

1The term ‘‘certification/licensing’’ covers each 

of the certification options in the proposed rule 

(third-party certification or an audited employer 

certification program) as well as state or local 

operator licensing requirements. 

section, then the enterprise or corporate 

office may collect and electronically 

submit the information for the 

establishment(s). 

* * * * * 

[FR Doc. 2018–16059 Filed 7–27–18; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1926 

[Docket ID–OSHA–2018–0009] 

RIN 1218–AC96 

Information Collection Request; 

Cranes and Derricks in Construction: 

Operator Qualification 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Proposed rule, limited 

reopening of comment period. 

SUMMARY: OSHA is providing the public 

an additional 30 days to comment on 

only the information collection 

requirements contained in the proposed 

updates to its standard for cranes and 

derricks in construction published on 

May 21, 2018. 

DATES: The comment period for only the 

information collection requirements 

published on May 21, 2018 at 83 FR 

23534, is reopened. Comments must be 

submitted (postmarked, sent, or 

received) by August 29, 2018. 

ADDRESSES: 

Electronically: You may submit 

comments and attachments 

electronically at http://

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for submitting 

comments. 

Facsimile: If your comments, 

including attachments, are not longer 

than 10 pages you may fax them to the 

OSHA Docket Office at (202) 693–1648. 

Regular mail, express delivery, hand 

delivery, and messenger (courier) 

service: When using this method, you 

must submit a copy of your comments 

and attachments to the OSHA Docket 

Office, Docket No. OSHA–2018–0009, 

Occupational Safety and Health 

Administration, U.S. Department of 

Labor, Room N–3653, 200 Constitution 

Avenue NW, Washington, DC 20210. 

Deliveries (hand, express mail, 

messenger, and courier service) are 

accepted during the OSHA Docket 

Office’s normal business hours, 10:00 

a.m. to 3:00 p.m., ET. 

Instructions: All submissions must 

include the agency name, the title of 

this document ‘‘Information Collection 

Request; Cranes and Derricks in 

Construction: Operator Qualification,’’ 

and the OSHA docket number for this 

document (OSHA–2018–0009). All 

comments, including any personal 

information you provide, are placed in 

the public docket without change, and 

may be made available online at http:// 

www.regulations.gov. For further 

information on submitting comments, 

see the ‘‘Public Participation’’ heading 

in the section of this document titled 

SUPPLEMENTARY INFORMATION. Because of 

security procedures, the use of regular 

mail may cause a significant delay in 

the receipt of comments. For 

information about security procedures 

concerning the delivery of materials by 

hand, express delivery, messenger, or 

courier service, please contact the 

OSHA Docket Office at (202) 693–2350; 

TTY (877) 889–5627. 

Docket: To read or download 

comments or other material in the 

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

or the OSHA Docket Office at the above 

address. All documents in the docket 

(including this Federal Register 

document) are listed in the http://

www.regulations.gov index; however, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through the website. 

All submissions, including copyrighted 

material, are available for inspection at 

the OSHA Docket Office. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Vernon Preston, Directorate of 

Construction; telephone: (202) 693– 

2020; fax: (202) 693–1689; email: 

preston.vernon@dol.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

OSHA published a notice of proposed 

rulemaking ‘‘Cranes and Derricks in 

Construction: Operator Qualification’’ 

(the NPRM or the proposed rule) on 

May 21, 2018, in the Federal Register 

(83 FR 23534) proposing regulations to 

update the standard for cranes and 

derricks in construction. In the NPRM, 

OSHA proposes to amend 29 CFR 1926, 

subpart CC to revise sections that 

address crane operator training, 

certification/licensing,1 and 

competency. The purpose of these 

amendments are to: Require 

comprehensive training of operators; 

remove certification by capacity from 

certification requirements; clarify and 

permanently extend the employer duty 

to evaluate potential operators for their 

ability to safely operate equipment 

covered by subpart CC; and require 

documentation of that evaluation. 

The proposed rule provided the 

public 30 days to comment on the 

proposed regulations including the 

information collection requirements 

contained in the proposed rule. Under 

the Paperwork Reduction Act (the PRA), 

Federal agencies are required to publish 

a notice in the Federal Register 

concerning each proposed information 

collection requirement and to allow 60 

days for public comment on those 

requirements (44 U.S.C. 3506(c)(2)(A); 

see also 5 CFR 1320.8(d)(1)). 

Accordingly this document allows the 

public an additional 30 days, as 

required by the PRA, to comment on the 

information collection requirements 

contained in the proposed rule. 

Concurrent with publication of the 

proposed rule, OSHA submitted the 

new Cranes and Derricks in 

Construction Standard (29 CFR part 

1926, subpart CC): Operator 

Qualification Information Collection 

Request (ICR) to the Office of 

Management and Budget (OMB) for 

review with a request for a new control 

number (ICR Reference Number 

201710–1218–002). If a final rule is 

published, OSHA will submit the final 

ICR for the final Cranes and Derricks in 

Construction Standard: Operator 

Qualification to OMB for approval. If 

the final ICR is approved, OSHA will 

request to amend the comprehensive 

Cranes and Derricks in Construction 

Information Collection (OMB control 

number 1218–0261) to incorporate the 

ICR analysis associated with the final 

Cranes and Derricks in Construction 

Standard: Operator Qualification and to 

discontinue the new control number. 

The purpose of the PRA, 44 U.S.C. 

3501 et seq., includes enhancing the 

quality and utility of information the 

Federal government requires and 

minimizing the paperwork and 

reporting burden on affected entities. 

The PRA requires certain actions before 

an agency can adopt or revise a 

collection of information requirement 

(also referred to as a ‘‘paperwork’’ or 

‘‘information collection’’ requirement), 

including publishing a summary of the 

information collection requirements and 

a brief description of the need for, and 

proposed use of, the information. The 

PRA defines ‘‘collection of information’’ 

as ‘‘the obtaining, causing to be 

obtained, soliciting, or requiring the 

disclosure to third parties or the public, 

of facts or opinions by or for an agency, 

regardless of form or format.’’ (44 U.S.C. 

3502(3)(A)). Under the PRA, a Federal 

agency may not conduct or sponsor a 


daltland on DSKBBV9HB2PROD with PROPOSALS
36508 Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Proposed Rules 

collection of information, and the public 

is not required to respond to a collection 

of information, unless it is approved by 

OMB and displays a currently valid 

OMB control number (44 U.S.C. 3507). 

Also, notwithstanding any other 

provisions of law, no person shall be 

subject to penalty for failing to comply 

with a collection of information if the 

collection of information does not 

display a currently valid OMB control 

number (44 U.S.C. 3512). 

B. Desired Focus of Comments 

The ‘‘Cranes and Derricks in 

Construction: Operator Qualification’’ 

proposed rule would establish new 

information collection requirements. 

The NPRM would also modify a small 

number of information collection 

requirements in the existing Cranes and 

Derricks in Construction Standard (29 

CFR part 1926, subpart CC) Information 

Collection (IC) approved by OMB. 

OSHA submitted a new ICR (that 

modifies the existing Cranes and 

Derricks in Construction package) to 

OMB to reflect the NPRM’s new or 

revised information collection 

requirements. 

Some of these revisions, if adopted, 

would result in changes to the existing 

burden hour and/or cost estimates 

associated with the current, OMBapproved information collection 

requirements contained in the Cranes 

and Derricks in Construction Standard 

Information Collection. Other revisions 

would not change burden hour or cost 

estimates, but would substantively 

modify language contained in the 

currently OMB-approved ICR. Still 

others would revise existing standard 

provisions that are not information 

collection requirements, will not change 

burden hour or cost estimates, and will 

not modify any language in the ICR. 

This document summarizes the first two 

categories to ensure that the ICR reflects 

the updated regulatory text, but does not 

summarize or seek comment on the last 

category of revisions that are not related 

to information collections. In addition, 

this document does not address the 

proposed provisions that are 

substantively unchanged from the 

current, OMB-approved information 

collection requirements. Discussion and 

justification of these provisions can be 

found in the preamble to the final crane 

standard (75 FR 48017) and also in the 

Supporting Statements for the proposed 

rule (83 FR 23534) as well as the 

approved Information Collection. 

The agency solicits comments on the 

Cranes and Derricks Standard 

information collection requirements as 

they would be revised by the proposed 

rule. Particularly, comments are sought 

by OSHA to: 

• Evaluate whether the proposed 

information collection requirements are 

necessary for the proper performance of 

the agency’s functions, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of OSHA’s 

estimate of the time and cost burden of 

the proposed information collection 

requirements, including the validity of 

the methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

information collection requirements on 

those who are to respond, including 

through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology, e.g., permitting electronic 

submission of responses. 

A copy of the ICR for the proposed 

rule, with applicable supporting 

documentation, including a description 

of the likely respondents, estimated 

frequency of response, and estimated 

total burden, may be obtained free of 

charge from the RegInfo.gov website at: 

http://www.reginfo.gov/public/do/ 

PRAViewICR?ref_nbr=201710-1218-002 

or contact Vernon Preston at (202) 693– 

2020 to obtain a copy of the ICR. 

C. Proposed Revisions to the 

Information Collection Requirements 

As required by 5 CFR 1320.5(a)(1)(iv) 

and 1320.8(d)(1), OSHA is providing the 

following summary information about 

the information collection requirements 

identified in the NPRM. The proposed 

rule creates new information collection 

requirements and modifies approved 

information collection requirements in 

the existing ‘‘Cranes and Derricks in 

Construction Standard’’ Information 

Collection. The major differences in the 

information collection requirements 

contained in the proposed rule from the 

information collection requirements 

currently approved in the Information 

Collection are discussed below and in 

more specific detail in Section III: 

Summary and Explanation of the 

Proposed Amendments to Subpart CC of 

the NPRM. 

Proposed Section 1926.1427(a)— 

Operator Training, Certification, and 

Evaluation 

The introductory text in proposed 

paragraph (a) sets out the employer’s 

responsibility to ensure that each 

operator is certified/licensed in 

accordance with subpart CC, and is 

evaluated on his or her competence to 

safely operate the equipment that will 

be used, before the employer permits an 

individual to operate equipment 

covered by subpart CC without 

continuous monitoring. The proposed 

new approach provides a clearer 

structure than the existing standard, 

which was not designed to 

accommodate both certification and 

evaluation. 

Proposed Section 1926.1427(c)— 

Certification and Licensing 

Under paragraph (c), the employer 

must ensure that each operator is 

certified or licensed to operate the 

equipment. Proposed paragraph (c) 

retains the certification and licensing 

structure of the existing standard with 

only a few minor modifications 

intended to improve comprehension of 

certification/licensing requirements. For 

example, OSHA proposes to remove the 

somewhat misleading reference to an 

‘‘option’’ with respect to mandatory 

compliance with existing state and local 

licensing requirements that meet the 

minimum requirements under federal 

law. 

Proposed Section 1926.1427(d)— 

Certification by an Accredited Crane 

Operator Testing Organization 

Proposed paragraph (d) retains the 

requirements of existing § 1926.1427(b), 

except that the proposed rule removes 

the requirement for certification by 

capacity of crane, as required in existing 

paragraph (b)(1)(ii)(B) and (b)(2). The 

need for this change is explained in the 

‘‘Need for a Rule’’ section of the NPRM. 

The proposed rule also makes some 

non-substantive language clarifications. 

Compliance with the requirements of 

proposed paragraph (d) is the option 

that OSHA expects the vast majority of 

employers to use. 

Proposed Section 1926.1427(f)— 

Evaluation 

Proposed paragraph (f) sets out new 

specific requirements that employers 

must follow to conduct an operator 

evaluation and reevaluation, including 

documentation requirements. Proposed 

paragraph (f)(4) requires the employer to 

document the evaluation of each 

operator and to ensure that the 

documentation is available at the 

worksite. This paragraph also specifies 

the information that the documentation 

would need to include: The operator’s 

name, the evaluator’s name, the date of 

the evaluation, and the make, model 

and configuration of the equipment on 

which the operator was evaluated. 

However, the documentation would not 

need to be in any particular format. 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Proposed Rules 36509 

1The Joint Sports Claimants are the Office of the 

Commissioner of Baseball, the National Football 

League, the National Basketball Association, the 

Women’s National Basketball Association, the 

Continued 

Under the NPRM, not all operators 

exempted from certification 

requirements would also be exempted 

from the evaluation requirements. 

Proposed § 1926.1427(a)(2) continues 

the existing exemption from the training 

and certification requirements in that 

section for operators of three types of 

equipment: Derricks, sideboom cranes, 

and equipment with a maximum 

manufacturer-rated hoisting/lifting 

capacity of 2,000 pounds or less. In the 

current crane standard, these three types 

of equipment are exempt from all of the 

requirements in § 1926.1427 as the 

result of language in § 1926.1427(a) and 

specific exemptions in §§ 1926.1436(q), 

1440(a), and 1441(a). The proposed rule 

would not, however, exempt employers 

from the requirements in § 1926.1427(f) 

to evaluate the potential operators of 

those types of equipment to ensure that 

they have sufficient knowledge and 

skills to perform the assigned tasks with 

the assigned equipment. Accordingly, 

OSHA proposes to preserve the 

evaluation requirements through the 

revision of the language in 

§ 1926.1427(a) and corresponding edits 

to narrow the exemptions in 

§§ 1926.1436(q), 1440(a), and 1441(a). 

Proposed Section 1926.1427(h)— 

Language and Literacy 

Existing § 1926.1427(h) allows 

operators to be certified in a language 

other than English, provided that the 

operator understands that language. 

Proposed paragraph (h) is nearly 

identical to existing paragraph (h) with 

the exception that it removes the 

reference to the existing qualification 

language in paragraph (b)(2), which has 

been replaced. 

Proposed Sections 1926.1436(q)— 

Derricks, 1926.1440(a)—Sideboom 

Cranes, and 1926.1441(a)—Equipment 

With a Rated Hoisting/Lifting Capacity 

of 2,000 Pounds or Less 

As discussed earlier, OSHA proposed 

to amend paragraphs §§ 1926.1436(q), 

1926.1440(a), and 1926.1441(a) to 

ensure that the evaluation requirements 

in § 1926.1427(f) apply to employers 

using derricks, sideboom cranes, and 

equipment with a rated capacity of 

2,000 pounds or less. 

Type of Review: New. 

Agency: DOL–OSHA. 

Title: Cranes and Derricks in 

Construction: Operator Qualification. 

ICR Reference Number: 201710–1218– 

002. 

Total Estimated Number of 

Annualized Respondents: 117,130. 

Total Estimated Number of 

Annualized Responses: 75,591. 

Total Estimated Number of Annual 

Burden Hours: 4,773. 

Response Frequency: Various. 

Total Number of Annual Other Costs 

Burden: $71. 

D. Public Participation—Submission of 

Comments on This Document and 

Internet Access to Comments and 

Submissions 

The agency encourages commenters to 

submit their comments related to the 

agency’s clarification of the information 

collection requirements to the docket for 

this document (Docket Number OSHA– 

2018–0009). For instructions on 

submitting these comments to the 

docket for this document, see the 

sections of this Federal Register 

document titled DATES and ADDRESSES. 

Please note that comments on the 

information collection requirements 

already submitted to the agency in 

response to the NPRM will be 

considered; the public need not 

resubmit those comments in response to 

this solicitation. (See: https://

www.regulations.gov/document?D=

OSHA-2007-0066-0679.) Please also 

note that the docket for this document, 

Docket Number OSHA–2018–0009, 

exists solely to collect comments on the 

information collection requirements in 

the NPRM. The NPRM and the other 

relevant documents for that rulemaking 

are in Docket Number OSHA–2007– 

0066, available on http://

www.regulations.gov. 

E. Authority and Signature 

Loren Sweatt, Deputy Assistant 

Secretary of Labor for Occupational 

Safety and Health, directed the 

preparation of this document. The 

authority for this document is the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3506 et seq.) and Secretary of 

Labor’s Order No. 1–2012 (77 FR 3912). 

Signed at Washington, DC, on July 17, 

2018. 

Loren Sweatt, 

Deputy Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2018–15687 Filed 7–27–18; 8:45 am] 

BILLING CODE 4510–26–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 387 

[Docket No. 15–CRB–0010–CA–S] 

Adjustment of Cable Statutory License 

Royalty Rates 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Proposed rule; modified. 

SUMMARY: The Copyright Royalty Judges 

(Judges) publish for comment modified 

proposed regulations to require affected 

cable systems to pay a separate pertelecast royalty (a Sports Surcharge) in 

addition to the other royalties that those 

cable systems must pay under Section 

111 of the Copyright Act. 

DATES: Comments and objections are 

due no later than August 29, 2018. 

ADDRESSES: You may submit comments 

and objections, identified by docket 

number 17–CRB–0001–BER (2019– 

2023), by any of the following methods: 

CRB’s electronic filing application: 

Submit comments online in eCRB at 

https://app.crb.gov/. 

U.S. mail: Copyright Royalty Board, 

P.O. Box 70977, Washington, DC 20024– 

0977; or 

Overnight service (only USPS Express 

Mail is acceptable): Copyright Royalty 

Board, P.O. Box 70977, Washington, DC 

20024–0977; or 

Commercial courier: Address package 

to: Copyright Royalty Board, Library of 

Congress, James Madison Memorial 

Building, LM–403, 101 Independence 

Avenue SE, Washington, DC 20559– 

6000. Deliver to: Congressional Courier 

Acceptance Site, 2nd Street NE and D 

Street NE, Washington, DC; or 

Hand delivery: Library of Congress, 

James Madison Memorial Building, LM– 

401, 101 Independence Avenue SE, 

Washington, DC 20559–6000. 

Instructions: Unless submitting 

online, commenters must submit an 

original, two paper copies, and an 

electronic version on a CD. All 

submissions must include a reference to 

the CRB and this docket number. All 

submissions will be posted without 

change to eCRB at https://app.crb.gov/ 

including any personal information 

provided. 

Docket: For access to the docket to 

read submitted background documents 

or comments, go to eCRB, the Copyright 

Royalty Board’s electronic filing and 

case management system, at https://

app.crb.gov/ and search for docket 

number 15–CRB–0010–CA–S. 

FOR FURTHER INFORMATION CONTACT: 

Anita Blaine, CRB Program Specialist, 

by telephone at (202) 707–7658 or email 

at crb@loc.gov. 

SUPPLEMENTARY INFORMATION: On July 2, 

2018, the Copyright Royalty Judges 

(Judges) received a motion from the 

Joint Sports Claimants (JSC),1 the 


daltland on DSKBBV9HB2PROD with PROPOSALS