Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 34789 

et seq. (‘‘the Act’’), National Biodiesel 

Accreditation Commission (‘‘NBAC’’) 

has filed written notifications 

simultaneously with the Attorney 

General and the Federal Trade 

Commission disclosing additions or 

changes to its standards development 

activities. The notifications were filed 

for the purpose of extending the Act’s 

provisions limiting the recovery of 

antitrust plaintiffs to actual damages 

under specified circumstances. 

Specifically, the NBAC has: (1) 

Amended its Marketer Program 

Requirements to adopt new normative 

references, require updating of quality 

management systems, make corrections 

to a specification procedure, add a cold 

soak filterability test requirement, 

require specification of final biodiesel 

content of a blended product prior to 

sale, change sampling and testing 

requirements of biodiesel stored for 

more than thirty days, require 

documentation of certain reinspections, 

require periodic validation of blending 

system accuracy, and delete a sixty-day 

storage sampling requirement; (2) 

amended its Producer Program 

Requirements to adopt new normative 

references, require the updating of 

quality management systems, amend the 

definition of Producer, add a cold soak 

filterability test requirement, amend 

production lot homogeneity 

requirements, add sampling 

requirements, add an oxidative stability 

test requirement for commingled 

production lots, provide an alternative 

test for the presence of certain elements, 

require disclosure of specifications 

which are less than full specifications, 

change the testing required of certain 

stored biodiesel, and add a new 

appendix diagraming the requirements 

for production lot homogeneity testing; 

and (3) adopted a laboratory 

certification program for the operation 

of commercial laboratories which test 

biodiesel and biodiesel blends for 

compliance with regulatory standards. 

Certification by the Commission 

indicates the applicant laboratory 

possesses and implements a quality 

control/quality assurance program 

meeting the Commission’s 

requirements. 

On August 27, 2004, NEAC filed its 

original notification pursuant to Section 

6(a) of the Act. The Department of 

Justice published a notice in the Federal 

Register pursuant to Section 6(b) of the 

Act on October 4, 2004 (69 FR 59269). 

The last notification was filed with 

the Department on June 19, 2007. A 

notice was published in the Federal 

Register pursuant to Section 6(b) of the 

Act on September 11, 2007 (72 FR 

51841). 

Patricia A. Brink, 

Deputy Director of Operations, Antitrust 

Division. 

[FR Doc. E9–16776 Filed 7–16–09; 8:45 am] 

BILLING CODE 4410–11–M 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2007–0046] 

Calaveras Power Partners L.P., Matrix 

Service Inc., T.E. Ibberson Company, 

TIC—The Industrial Company, and 

Zachry Construction Corporation; 

Grant of a Permanent Variance 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Department of 

Labor. 

ACTION: Notice of a grant of a permanent 

variance. 

SUMMARY: This notice announces the 

grant of a permanent variance to 

Calaveras Power Partners L.P., Matrix 

Service Inc., T.E. Ibberson Company, 

TIC—The Industrial Company, and 

Zachry Construction Corporation (‘‘the 

employers’’). The permanent variance 

addresses the provision that regulates 

the tackle used for boatswain’s chairs 

(29 CFR 1926.452(o)(3)), as well as the 

provisions specified for personnel hoists 

by paragraphs (c)(1) through (c)(4), 

(c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 

CFR 1926.552. As an alternative to 

complying with these provisions, the 

employers may instead comply with the 

conditions listed in this grant; these 

alternative conditions regulate hoisting 

systems used during inside or outside 

chimney construction to raise or lower 

workers in personnel cages, personnel 

platforms, and boatswain’s chairs 

between the bottom landing of a 

chimney and an elevated work location. 

Accordingly, OSHA finds that these 

alternative conditions protect workers at 

least as well as the requirements 

specified by 29 CFR 1926.452(o)(3) and 

1926.552(c)(1) through (c)(4), (c)(8), 

(c)(13), (c)(14)(i), and (c)(16). 

DATES: The effective date of the 

permanent variance is July 17, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

information about this notice contact 

Ms. MaryAnn Garrahan, Director, Office 

of Technical Programs and Coordination 

Activities, Room N–3655, OSHA, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone (202) 693–2110; fax (202) 

693–1644. Electronic copies of this 

notice are available at http:// 

www.regulations.gov. Electronic copies 

of this notice, as well as news releases 

and other relevant information, are 

available on OSHA’s Web page at 

http://www.osha.gov. 

Additional information also is 

available from the following OSHA 

Regional Offices: 

U.S. Department of Labor, OSHA, JFK 

Federal Building, Room E340, Boston, 

MA 02203; telephone: (617) 565– 

9860; fax: (617) 565–9827. 

U.S. Department of Labor, OSHA, 201 

Varick Street, Room 670, New York, 

NY 10014; telephone: (212) 337–2378; 

fax: (212) 337–2371. 

U.S. Department of Labor, OSHA, the 

Curtis Center, Suite 740 West, 170 

South Independence Mall West, 

Philadelphia, PA 19106–3309; 

telephone: (215) 861–4900; fax: (215) 

861–4904. 

U.S. Department of Labor, OSHA, 

Atlanta Federal Center, 61 Forsyth 

Street, SW., Room 6T50, Atlanta, GA 

30303; telephone: (404) 562–2300; 

fax: (404) 562–2295. 

U.S. Department of Labor, OSHA, 230 

South Dearborn Street, Room 3244, 

Chicago, IL 60604; telephone: (312) 

353–2220; fax: (312) 353–7774. 

U.S. Department of Labor, OSHA, Two 

Pershing Square Building, 2300 Main 

Street, Suite 1010, Kansas City, MO 

64108–2416; telephone: (816) 283– 

8745; fax: (816) 283–0547. 

U.S. Department of Labor, OSHA, 525 

Griffin Street, Suite 602, Dallas, TX 

75202; telephone: (972) 850–4145; 

fax: (972) 850–4149. 

U.S. Department of Labor, OSHA, 1999 

Broadway, Suite 1690, Denver, CO 

80202; telephone: (720) 264–6550; 

fax: (720) 264–6585. 

U.S. Department of Labor, OSHA, 90 7th 

Street, Suite 18100, San Francisco, CA 

94103; telephone: (415) 625–2547; 

fax: (415) 625–2534. 

U.S. Department of Labor, OSHA, 1111 

Third Avenue, Suite 715, Seattle, WA 

98101–3212; telephone: (206) 553– 

5930; fax: (206) 553–6499. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the past 35 years, a number of 

chimney-construction companies have 

demonstrated to OSHA that several 

personnel-hoist requirements (i.e., 

paragraphs (c)(1), (c)(2), (c)(3), (c)(4), 

(c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 

CFR 1926.552), as well as the tackle 

requirements for boatswain’s chairs (i.e., 

paragraph (o)(3) of 29 CFR 1926.452), 

result in access problems that pose a 

serious danger to their workers. These 

companies requested permanent 

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34790 Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 

1Zurn Industries, Inc. received two permanent 

variances from OSHA. The first variance, granted 

on May 14, 1985 (50 FR 20145), addressed the 

boatswain’s-chair provision (then in paragraph (l)(5) 

of 29 CFR 1926.451), as well as the hoist-platform 

requirements of paragraphs (c)(1), (c)(2), (c)(3), and 

(c)(14)(i) of 29 CFR 1926.552. The second variance, 

granted on June 12, 1987 (52 FR 22552), includes 

these same paragraphs, as well as paragraphs (c)(4), 

(c)(8), (c)(13), and (c)(16) of 29 CFR 1926.552. 

variances from these requirements, and 

proposed alternative equipment and 

procedures to protect workers while 

being transported to and from their 

elevated worksites during chimney 

construction and repair. The Agency 

subsequently granted these companies 

permanent variances based on the 

proposed alternatives (see 38 FR 8545 

(April 3, 1973), 44 FR 51352 (August 31, 

1979), 50 FR 20145 (May 14, 1985), 50 

FR 40627 (October 4, 1985), 52 FR 

22552 (June 12, 1987), 68 FR 52961 

(September 8, 2003), 70 FR 72659 

(December 6, 2005), and 71 FR 10557 

(March 1, 2006)).1

Calaveras Power Partners L.P., Matrix 

Service Inc., T.E. Ibberson Company, 

TIC—The Industrial Company and 

Zachry Construction Corporation 

applied for a permanent variance from 

the same personnel-hoist and 

boatswain’s-chair requirements as the 

previous companies, and proposed as an 

alternative to these requirements the 

same equipment and procedures 

approved by OSHA in the earlier 

variances (see Exhibits OSHA–2007– 

0046–0002 through –0006). The Agency 

published their variance applications in 

the Federal Register on January 23, 

2009 (74 FR 4237). 

Calaveras Power Partners L.P., Matrix 

Service Inc., T.E. Ibberson Company, 

TIC—The Industrial Company and 

Zachry Construction Corporation (‘‘the 

employers’’) construct, remodel, repair, 

maintain, inspect, and demolish tall 

chimneys made of reinforced concrete, 

brick, and steel. This work, which 

occurs throughout the United States, 

requires the employers to transport 

workers and construction material to 

and from elevated work platforms and 

scaffolds located, respectively, inside 

and outside tapered chimneys. While 

tapering contributes to the stability of a 

chimney, it necessitates frequent 

relocation of, and adjustments to, the 

work platforms and scaffolds so these 

structures will fit the decreasing 

circumference of the chimney as 

construction progresses upwards. 

To transport workers to various 

heights inside and outside a chimney, 

the employers proposed in their 

variance application to use a hoist 

system that lifts and lowers personneltransport devices that include personnel 

cages, personnel platforms, or 

boatswain’s chairs. In this regard, the 

employers proposed to use personnel 

cages, personnel platforms, or 

boatswain’s chairs solely to transport 

workers with the tools and materials 

necessary to do their work, and not to 

transport only materials or tools on 

these devices in the absence of workers. 

In addition, the employers proposed to 

attach a hopper or concrete bucket to 

the hoist system to raise or lower 

material inside or outside a chimney. 

The employers also proposed to use a 

hoist engine, located and controlled 

outside the chimney, to power the hoist 

system. The proposed system consisted 

of a wire rope that: Spools off a winding 

drum (also known as the hoist drum or 

rope drum) into the interior of the 

chimney; passes to a footblock that 

redirects the rope from the horizontal to 

the vertical planes; goes from the 

footblock through the overhead sheaves 

above the elevated platform; and finally 

drops to the bottom landing of the 

chimney where it connects to a 

personnel- or material-transport device. 

A cathead, which is a superstructure at 

the top of the system, supports the 

overhead sheaves. The overhead 

sheaves (and the vertical span of the 

hoist system) move upward with the 

system as chimney construction 

progresses. Two guide cables, 

suspended from the cathead, eliminate 

swaying and rotation of the load. If the 

hoist rope breaks, safety clamps activate 

and grip the guide cables to prevent the 

load from falling. The employers 

proposed to use a headache ball, located 

on the hoist rope directly above the 

load, to counterbalance the rope’s 

weight between the cathead sheaves and 

the footblock. 

Additional conditions that the 

employers proposed to follow to 

improve worker safety included: 

• Attaching the wire rope to the 

personnel cage using a keyed-screwpin 

shackle or positive-locking link; 

• Adding limit switches to the hoist 

system to prevent overtravel by the 

personnel- or material-transport devices; 

• Providing the safety factors and 

other precautions required for personnel 

hoists specified by the pertinent 

provisions of 29 CFR 1926.552(c), 

including canopies and shields to 

protect workers located in a personnel 

cage from material that may fall during 

hoisting and other overhead activities; 

• Providing falling-object protection 

for scaffold platforms as specified by 29 

CFR 1926.451(h)(1); 

• Conducting tests and inspections of 

the hoist system as required by 29 CFR 

1926.20(b)(2) and 1926.552(c)(15); 

• Establishing an accident-prevention 

program that conforms to 29 CFR 

1926.20(b)(3); 

• Equipping workers who use a 

personnel cage, personnel platform, or 

boatswain’s chair with, and ensuring 

that they use, personal fall-arrest 

systems meeting the requirements of 29 

CFR 1926.502(d); 

• Ensuring that workers using a 

personnel cage secure their personal 

fall-arrest system to an attachment point 

located inside the cage, and that 

workers using personnel platforms or 

boatswain’s chairs secure their personal 

fall-arrest systems to a vertical lifeline; 

• When using vertical lifelines, 

securing the lifelines to the top of the 

chimney and weighting the lifelines 

properly or suitably affixing the lifelines 

to the bottom of the chimney, and 

ensuring that workers remain attached 

to their lifeline during the entire period 

of vertical transit; 

• Providing instruction to each 

worker who uses a personnel platform 

or boatswain’s chair regarding the 

shearing and struck-by hazards posed by 

the hoist system (e.g., work platforms, 

scaffolds), and the need to keep their 

limbs or other body parts clear of these 

hazards during hoisting operations; 

• Providing the instruction on 

shearing and struck-by hazards before a 

worker uses one of these personneltransport devices at the worksite; and 

periodically, and as necessary, 

thereafter, including whenever the 

worker demonstrates: A lack of 

knowledge about the hazard or how to 

avoid it, a modification occurs to an 

existing shearing hazard, or a new 

shearing hazard develops at the 

worksite; 

• Attaching a readily visible warning 

to each personnel platform and 

boatswain’s chair notifying workers in a 

language they understand of potential 

shearing hazards during hoisting 

operations; for warnings located on 

personnel platforms, using the following 

(or equivalent) wording: ‘‘Warning—To 

avoid serious injury, keep your hands, 

arms, feet, legs, and other parts of your 

body inside this platform while it is in 

motion’’; and for boatswain’s chairs, the 

warning uses the following (or 

equivalent) wording: ‘‘Warning—To 

avoid serious injury, do not extend your 

hands, arms, feet, legs, or other parts of 

your body from the side or to the front 

of this chair while it is in motion’’; and 

• Establishing a clearly designated 

safety zone around the hoist system’s 

bottom landing and prohibiting any 

worker from entering the safety zone 

except to access a personnel cage, 

personnel platform, boatswain’s chair, 

or material-transport device, and then 

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Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 34791 

only when the personnel- and materialtransport device is at the bottom landing 

and not in operation. 

II. Proposed Variance From 29 CFR 

1926.452(o)(3) 

The employers noted in their variance 

request that it is necessary, on occasion, 

to use a boatswain’s chair to transport 

workers to and from a bracket scaffold 

on the outside of an existing chimney 

during flue installation or repair work, 

or to transport them to and from an 

elevated scaffold located inside a 

chimney that has a small or tapering 

diameter. Paragraph (o)(3) of 29 CFR 

1926.452, which regulates the tackle 

used to rig a boatswain’s chair, states 

that this tackle must ‘‘consist of correct 

size ball bearings or bushed blocks 

containing safety hooks and properly 

‘eye-spliced’ minimum five-eighth (5⁄8) 

inch diameter first-grade manila rope [or 

equivalent rope].’’ 

The primary purpose of this 

paragraph is to allow a worker to safely 

control the ascent, descent, and 

stopping locations of the boatswain’s 

chair. However, the employers stated in 

their variance request that, because of 

space limitations, the required tackle is 

difficult or impossible to operate on 

some chimneys that are over 200 feet 

tall. Therefore, as an alternative to 

complying with the tackle requirements 

specified by 29 CFR 1926.452(o)(3), the 

employers proposed to use the hoisting 

system described above in section I 

(‘‘Background’’) of this notice to raise or 

lower workers in a personnel cage to 

work locations both inside and outside 

a chimney. In addition, the employers 

proposed to use a personnel cage for 

this purpose to the extent that adequate 

space is available, and to use a 

personnel platform only when using a 

personnel cage was infeasible because of 

limited space. When available space 

makes using a personnel platform 

infeasible, the employers proposed to 

use a boatswain’s chair to lift workers to 

work locations. The proposed variance 

limited use of the boatswain’s chair to 

elevations above the last work location 

that the personnel platform can reach; 

under these conditions, the employers 

proposed to attach the boatswain’s chair 

directly to the hoisting cable only when 

the structural arrangement precludes the 

safe use of the block and tackle required 

by 29 CFR 1926.452(o)(3). 

III. Proposed Variance From 29 CFR 

1926.552(c) 

Paragraph (c) of 29 CFR 1926.552 

specifies the requirements for enclosed 

hoisting systems used to transport 

workers from one elevation to another. 

This paragraph ensures that employers 

transport workers safely to and from 

elevated work platforms by mechanical 

means during the construction, 

alteration, repair, maintenance, or 

demolition of structures such as 

chimneys. However, this standard does 

not provide specific safety requirements 

for hoisting workers to and from 

elevated work platforms and scaffolds in 

tapered chimneys; the tapered design 

requires frequent relocation of, and 

adjustment to, the work platforms and 

scaffolds. The space in a small-diameter 

or tapered chimney is not large enough 

or configured so that it can 

accommodate an enclosed hoist tower. 

Moreover, using an enclosed hoist tower 

for outside operations exposes workers 

to additional fall hazards because they 

need to install extra bridging and 

bracing to support a walkway between 

the hoist tower and the tapered 

chimney. 

Paragraph (c)(1) of 29 CFR 1926.552 

requires the employers to enclose hoist 

towers located outside a chimney on the 

side or sides used for entrance to, and 

exit from, the chimney; these enclosures 

must extend the full height of the hoist 

tower. The employers asserted in their 

proposed variance that it is impractical 

and hazardous to locate a hoist tower 

outside tapered chimneys because it 

becomes increasingly difficult, as a 

chimney rises, to erect, guy, and brace 

a hoist tower; under these conditions, 

access from the hoist tower to the 

chimney or to the movable scaffolds 

used in constructing the chimney 

exposes workers to a serious fall hazard. 

Additionally, they noted that the 

requirement to extend the enclosures 10 

feet above the outside scaffolds often 

exposes the workers involved in 

building these extensions to dangerous 

wind conditions. 

Paragraph (c)(2) of 29 CFR 1926.552 

requires that employers enclose all four 

sides of a hoist tower even when the 

tower is located inside a chimney; the 

enclosure must extend the full height of 

the tower. In the proposed variance, the 

employers contended that it is 

hazardous for workers to erect and brace 

a hoist tower inside a chimney, 

especially small-diameter or tapered 

chimneys or chimneys with sublevels, 

because these structures have limited 

space and cannot accommodate hoist 

towers; space limitations result from 

chimney design (e.g., tapering), as well 

as reinforced steel projecting into the 

chimney from formwork that is near the 

work location. 

As an alternative to complying with 

the hoist-tower requirements of 29 CFR 

1926.552(c)(1) and (c)(2), the employers 

proposed to use the hoist system 

discussed in section I (‘‘Background’’) of 

this notice to transport workers to and 

from work locations inside and outside 

chimneys. They claimed that this hoist 

system would make it unnecessary for 

them to comply with other provisions of 

29 CFR 1926.552(c) that specify 

requirements for hoist towers, 

including: 

• (c)(3)—Anchoring the hoist tower to 

a structure; 

• (c)(4)—Hoistway doors or gates; 

• (c)(8)—Electrically interlocking 

entrance doors or gates that prevent 

hoist movement when the doors or gates 

are open; 

• (c)(13)—Emergency stop switch 

located in the car; 

• (c)(14)(i)—Using a minimum of two 

wire ropes for drum-type hoisting; and 

• (c)(16)—Construction specifications 

for personnel hoists, including materials 

assembly, structural integrity, and safety 

devices. 

The employers asserted that the 

proposed hoisting system protected 

workers at least as effectively as the 

personnel-hoist requirements of 29 CFR 

1926.552(c). The following section of 

this preamble reviews the comments 

received on the employers’ proposed 

variance. 

IV. Comments on the Proposed 

Variance 

OSHA received no comments on the 

proposed variance. 

V. Decision 

Calaveras Power Partners L.P., Matrix 

Service Inc., T. E. Ibberson Company, 

TIC—The Industrial Company, and 

Zachry Construction Corporation seek a 

permanent variance from the provision 

that regulates the tackle used for 

boatswain’s chairs (29 CFR 1926.452 

(o)(3)), as well as the provisions 

specified for personnel hoists by 

paragraphs (c)(1) through (c)(4), (c)(8), 

(c)(13), (c)(14)(i), and (c)(16) of 29 CFR 

1926.552. 

Paragraph (o)(3) of 29 CFR 1926.452 

states that the tackle used for 

boatswain’s chairs must ‘‘consist of 

correct size ball bearings or bushed 

blocks containing safety hooks and 

properly ‘eye-spliced’ minimum fiveeighth (5⁄8) inch diameter first-grade 

manila rope [or equivalent rope].’’ The 

primary purpose of this provision is to 

allow a worker to safely control the 

ascent, descent, and stopping locations 

of the boatswain’s chair. The proposed 

alternative to these requirements allows 

the employer to use a boatswain’s chair 

to lift workers to work locations inside 

and outside a chimney when either a 

personnel cage or a personnel platform 

is infeasible. The employers proposed to 

attach the boatswain’s chair to the 

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34792 Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 

hoisting system described as an 

alternative to paragraph (c) of 29 CFR 

1926.552. 

Paragraph (c) of 29 CFR 1926.552 

specifies the requirements for enclosed 

hoisting systems used to transport 

personnel from one elevation to another. 

This paragraph ensures that employers 

transport workers safely to and from 

elevated work platforms by mechanical 

means during construction work 

involving structures such as chimneys. 

In this regard, paragraph (c)(1) of 29 

CFR 1926.552 requires employers to 

enclose hoist towers located outside a 

chimney on the side or sides used for 

entrance to, and exit from, the structure; 

these enclosures must extend the full 

height of the hoist tower. Under the 

requirements of paragraph (c)(2) of 29 

CFR 1926.552, employers must enclose 

all four sides of a hoist tower located 

inside a chimney; these enclosures also 

must extend the full height of the tower. 

As an alternative to complying with 

the hoist-tower requirements of 29 CFR 

1926.552(c)(1) and (c)(2), the employers 

proposed to use a hoist system to 

transport workers to and from elevated 

work locations inside and outside 

chimneys. The proposed hoist system 

includes a hoist machine, cage, safety 

cables, and safety measures such as 

limit switches to prevent overrun of the 

cage at the top and bottom landings, and 

safety clamps that grip the safety cables 

if the main hoist line fails. To transport 

workers to and from elevated work 

locations, the employers proposed to 

attach a personnel cage to the hoist 

system. However, when they can 

demonstrate that adequate space is not 

available for the cage, they may use a 

personnel platform above the last 

worksite that the cage can reach. 

Further, when the employers show that 

space limitations make it infeasible to 

use a work platform for transporting 

workers, they have proposed to use a 

boatswain’s chair above the last 

worksite serviced by the personnel 

platform. Using the proposed hoist 

system as an alternative to the hoisttower requirements of 29 CFR 

1926.552(c)(1) and (c)(2) eliminates the 

need to comply with the other 

provisions of 29 CFR 1926.552(c) that 

specify requirements for hoist towers. 

Accordingly, the employers have 

requested a permanent variance from 

these and related provisions (i.e., 

paragraphs (c)(3), (c)(4), (c)(8), (c)(13), 

(c)(14)(i), and (c)(16)). 

Under Section 6(d) of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 655), and based on the 

record discussed above, the Agency 

finds that when the employers comply 

with the conditions of the following 

order, the working conditions of their 

workers will be at least as safe and 

healthful as if the employers complied 

with the working conditions specified 

by paragraph (o)(3) of 29 CFR 1926.452, 

and paragraphs (c)(1) through (c)(4), 

(c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 

CFR 1926.552. 

VI. Order 

OSHA issues this order authorizing 

Calaveras Power Partners L.P., Matrix 

Service Inc., T. E. Ibberson Company, 

TIC—The Industrial Company, and 

Zachry Construction Corporation (‘‘the 

employers’’) to comply with the 

following conditions instead of 

complying with paragraph (o)(3) of 29 

CFR 1926.452 and paragraphs (c)(1) 

through (c)(4), (c)(8), (c)(13), (c)(14)(i), 

and (c)(16) of 29 CFR 1926.552: 

1. Scope of the Permanent Variance 

(a) This permanent variance applies 

only to tapered chimneys when the 

employers use a hoist system during 

inside or outside chimney construction 

to raise or lower their workers between 

the bottom landing of a chimney and an 

elevated work location on the inside or 

outside surface of the chimney. 

(b) When using a hoist system as 

specified in this permanent variance, 

the employers must: 

(i) Use the personnel cages, personnel 

platforms, or boatswain’s chairs raised 

and lowered by the hoist system solely 

to transport workers with the tools and 

materials necessary to do their work; 

and 

(ii) Attach a hopper or concrete 

bucket to the hoist system to raise and 

lower all other materials and tools 

inside or outside a chimney. 

(c) Except for the requirements 

specified by 29 CFR 1926.452(o)(3) and 

1926.552(c)(1) through (c)(4), (c)(8), 

(c)(13), (c)(14)(i), and (c)(16), the 

employers must comply fully with all 

other applicable provisions of 29 CFR 

parts 1910 and 1926. 

2. Replacing a Personnel Cage With a 

Personnel Platform or a Boatswain’s 

Chair 

(a) Personnel platform. When the 

employers demonstrate that available 

space makes a personnel cage for 

transporting workers infeasible, they 

may replace the personnel cage with a 

personnel platform when they limit use 

of the personnel platform to elevations 

above the last work location that the 

personnel cage can reach. 

(b) Boatswain’s chair. Employers 

must: 

(i) Before using a boatswain’s chair, 

demonstrate that available space makes 

it infeasible to use a personnel platform 

for transporting workers; 

(ii) Limit use of a boatswain’s chair to 

elevations above the last work location 

that the personnel platform can reach; 

and 

(iii) Use a boatswain’s chair in 

accordance with block-and-tackle 

requirements specified by 29 CFR 

1926.452(o)(3), unless they can 

demonstrate that the structural 

arrangement of the chimney precludes 

such use. 

3. Qualified Competent Person 

(a) The employers must: 

(i) Provide a qualified competent 

person, as specified in paragraphs (f) 

and (m) of 29 CFR 1926.32, who is 

responsible for ensuring that the design, 

maintenance, and inspection of the 

hoist system comply with the 

conditions of this grant and with the 

appropriate requirements of 29 CFR part 

1926 (‘‘Safety and Health Regulations 

for Construction’’); and 

(ii) Ensure that the qualified 

competent person is present at ground 

level to assist in an emergency 

whenever the hoist system is raising or 

lowering workers. 

(b) The employers must use a 

qualified competent person to design 

and maintain the cathead described 

under Condition 8 (‘‘Cathead and 

Sheave’’) below. 

4. Hoist Machine 

(a) Type of hoist. The employers must 

designate the hoist machine as a 

portable personnel hoist. 

(b) Raising or lowering a transport. 

The employers must ensure that: 

(i) The hoist machine includes a basemounted drum hoist designed to control 

line speed; and 

(ii) Whenever they raise or lower a 

personnel or material hoist (e.g., a 

personnel cage, personnel platform, 

boatswain’s chair, hopper, concrete 

bucket) using the hoist system: 

(A) The drive components are 

engaged continuously when an empty or 

occupied transport is being lowered 

(i.e., no ‘‘freewheeling’’); 

(B) The drive system is 

interconnected, on a continuous basis, 

through a torque converter, mechanical 

coupling, or an equivalent coupling 

(e.g., electronic controller, fluid 

clutches, hydraulic drives). 

(C) The braking mechanism is applied 

automatically when the transmission is 

in the neutral position and a forwardreverse coupling or shifting 

transmission is being used; and 

(D) No belts are used between the 

power source and the winding drum. 

(c) Power source. The employers must 

power the hoist machine by an air, 

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Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 34793 

2This variance adopts the definition of, and 

specifications for, fleet angle from Cranes and 

Derricks, H. I. Shapiro, et al. (eds.); New York: 

McGraw-Hill; 3rd ed., 1999, page 592. Accordingly, 

the fleet angle is ‘‘[t]he angle the rope leading onto 

a [winding] drum makes with the line 

perpendicular to the drum rotating axis when the 

lead rope is making a wrap against the flange.’’ 

electric, hydraulic, or internalcombustion drive mechanism. 

(d) Constant-pressure control switch. 

The employers must: 

(i) Equip the hoist machine with a 

hand- or foot-operated constant-pressure 

control switch (i.e., a ‘‘deadman control 

switch’’) that stops the hoist 

immediately upon release; and 

(ii) Protect the control switch to 

prevent it from activating if the hoist 

machine is struck by a falling or moving 

object. 

(e) Line-speed indicator. The 

employers must: 

(i) Equip the hoist machine with an 

operating line-speed indicator 

maintained in good working order; and 

(ii) Ensure that the line-speed 

indicator is in clear view of the hoist 

operator during hoisting operations. 

(f) Braking systems. The employers 

must equip the hoist machine with two 

(2) independent braking systems (i.e., 

one automatic and one manual) located 

on the winding side of the clutch or 

couplings, with each braking system 

being capable of stopping and holding 

150 percent of the maximum rated load. 

(g) Slack-rope switch. The employers 

must equip the hoist machine with a 

slack-rope switch to prevent rotation of 

the winding drum under slack-rope 

conditions. 

(h) Frame. The employers must 

ensure that the frame of the hoist 

machine is a self-supporting, rigid, 

welded-steel structure, and that holding 

brackets for anchor lines and legs for 

anchor bolts are integral components of 

the frame. 

(i) Stability. The employers must 

secure hoist machines in position to 

prevent movement, shifting, or 

dislodgement. 

(j) Location. The employers must: 

(i) Locate the hoist machine far 

enough from the footblock to obtain the 

correct fleet angle for proper spooling of 

the cable on the drum; and 

(ii) Ensure that the fleet angle remains 

between one-half degree (1⁄2°) and one 

and one-half degrees (11⁄2°) for smooth 

drums, and between one-half degree 

(1⁄2°) and two degrees (2°) for grooved 

drums, with the lead sheave centered on 

the drum.2

(k) Drum and flange diameter. The 

employers must: 

(i) Provide a winding drum for the 

hoist that is at least 30 times the 

diameter of the rope used for hoisting; 

and 

(ii) Ensure that the winding drum has 

a flange diameter that is at least one and 

one-half (11⁄2) times the winding-drum 

diameter. 

(l) Spooling of the rope. The 

employers must never spool the rope 

closer than two (2) inches (5.1 cm) from 

the outer edge of the winding-drum 

flange. 

(m) Electrical system. The employers 

must ensure that all electrical 

equipment is weatherproof. 

(n) Limit switches. The employers 

must equip the hoist system with limit 

switches and related equipment that 

automatically prevent overtravel of a 

personnel cage, personnel platform, 

boatswain’s chair, or material-transport 

device at the top of the supporting 

structure and at the bottom of the 

hoistway or lowest landing level. 

5. Methods of Operation 

(a) Employee qualifications and 

training. The employers must: 

(i) Ensure that only trained and 

experienced workers, who are 

knowledgeable of hoist-system 

operations, control the hoist machine; 

and 

(ii) Provide instruction, periodically 

and as necessary, on how to operate the 

hoist system, to each worker who uses 

a personnel cage for transportation. 

(b) Speed limitations. The employers 

must not operate the hoist at a speed in 

excess of: 

(i) Two hundred and fifty (250) feet 

(76.9 m) per minute when a personnel 

cage is being used to transport workers; 

(ii) One hundred (100) feet (30.5 m) 

per minute when a personnel platform 

or boatswain’s chair is being used to 

transport workers; or 

(iii) A line speed that is consistent 

with the design limitations of the 

system when only material is being 

hoisted. 

(c) Communication. The employers 

must: 

(i) Use a voice-mediated 

intercommunication system to maintain 

communication between the hoist 

operator and the workers located in or 

on a moving personnel cage, personnel 

platform, or boatswain’s chair; 

(ii) Stop hoisting if, for any reason, 

the communication system fails to 

operate effectively; and 

(iii) Resume hoisting only when the 

site superintendent determines that it is 

safe to do so. 

6. Hoist Rope 

(a) Grade. The employers must use a 

wire rope for the hoist system (i.e., 

‘‘hoist rope’’) that consists of extraimproved plow steel, an equivalent 

grade of non-rotating rope, or a regular 

lay rope with a suitable swivel 

mechanism. 

(b) Safety factor. The employers must 

maintain a safety factor of at least eight 

(8) times the safe workload throughout 

the entire length of hoist rope. 

(c) Size. The employers must use a 

hoist rope that is at least one-half (1⁄2) 

inch (1.3 cm) in diameter. 

(d) Inspection, removal, and 

replacement. The employers must: 

(i) Thoroughly inspect the hoist rope 

before the start of each job and on 

completing a new setup; 

(ii) Maintain the proper diameter-todiameter ratios between the hoist rope 

and the footblock and the sheave by 

inspecting the wire rope regularly (see 

Conditions 7(c) and 8(d), below); and 

(iii) Remove and replace the wire rope 

with new wire rope when any of the 

conditions specified by 29 CFR 

1926.552(a)(3) occurs. 

(e) Attachments. The employers must 

attach the rope to a personnel cage, 

personnel platform, or boatswain’s chair 

with a keyed-screwpin shackle or 

positive-locking link. 

(f) Wire-rope fastenings. When the 

employers use clip fastenings (e.g., 

U-bolt wire-rope clips) with wire ropes, 

they must: 

(i) Use Table H–20 of 29 CFR 

1926.251 to determine the number and 

spacing of clips; 

(ii) Use at least three (3) drop-forged 

clips at each fastening; 

(iii) Install the clips with the ‘‘U’’ of 

the clips on the dead end of the rope; 

and 

(iv) Space the clips so that the 

distance between them is six (6) times 

the diameter of the rope. 

7. Footblock 

(a) Type of block. The employers must 

use a footblock: 

(i) Consisting of construction-type 

blocks of solid single-piece bail with a 

safety factor that is at least four (4) times 

the safe workload, or an equivalent 

block with roller bearings; 

(ii) Designed for the applied loading, 

size, and type of wire rope used for 

hoisting; 

(iii) Designed with a guard that 

contains the wire rope within the 

sheave groove; 

(iv) Bolted rigidly to the base; and 

(v) Designed and installed so that it 

turns the moving wire rope to and from 

the horizontal or vertical direction as 

required by the direction of rope travel. 

(b) Directional change. The employers 

must ensure that the angle of change in 

the hoist rope from the horizontal to the 

vertical direction at the footblock is 

approximately 90°. 

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34794 Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 

3To reduce impact hazards should workers lose 

their balance because of cage movement. 

4Paragraphs (a) and (b) were adapted from 

OSHA’s Underground Construction standard (29 

CFR 1926.800(t)(4)(iv)). 

(c) Diameter. The employers must 

ensure that the line diameter of the 

footblock is at least 24 times the 

diameter of the hoist rope. 

8. Cathead and Sheave 

(a) Support. The employers must use 

a cathead (i.e., ‘‘overhead support’’) that 

consists of a wide-flange beam, or two 

(2) steel-channel sections securely 

bolted back-to-back to prevent 

spreading. 

(b) Installation. The employers must 

ensure that: 

(i) All sheaves revolve on shafts that 

rotate on bearings; and 

(ii) The bearings are mounted securely 

to maintain the proper bearing position 

at all times. 

(c) Rope guides. The employers must 

provide each sheave with appropriate 

rope guides to prevent the hoist rope 

from leaving the sheave grooves when 

the rope vibrates or swings abnormally. 

(d) Diameter. The employers must use 

a sheave with a diameter that is at least 

24 times the diameter of the hoist rope. 

9. Guide Ropes 

(a) Number and construction. The 

employers must affix two (2) guide 

ropes by swivels to the cathead. The 

guide ropes must: 

(i) Consist of steel safety cables not 

less than one-half (1⁄2) inch (1.3 cm) in 

diameter; and 

(ii) Be free of damage or defect at all 

times. 

(b) Guide rope fastening and 

alignment tension. The employers must 

fasten one end of each guide rope 

securely to the overhead support, with 

appropriate tension applied at the 

foundation. 

(c) Height. The employers must rig the 

guide ropes along the entire height of 

the hoist-machine structure. 

10. Personnel Cage 

(a) Construction. A personnel cage 

must be of steel-frame construction and 

capable of supporting a load that is four 

(4) times its maximum rated load 

capacity. The employers also must 

ensure that the personnel cage has: 

(i) A top and sides that are 

permanently enclosed (except for the 

entrance and exit); 

(ii) A floor securely fastened in place; 

(iii) Walls that consist of 14-gauge, 

one-half (1⁄2) inch (1.3 cm) expanded 

metal mesh, or an equivalent material; 

(iv) Walls that cover the full height of 

the personnel cage between the floor 

and the overhead covering; 

(v) A sloped roof constructed of oneeighth (1⁄8) inch (0.3 cm) aluminum, or 

an equivalent material; 

(vi) Safe handholds (e.g., rope grips— 

but not rails or hard protrusions 3) that 

accommodate each occupant; and 

(vii) Attachment points to which 

workers secure their personal fallprotection systems. 

(b) Overhead weight. A personnel 

cage must have an overhead weight 

(e.g., a headache ball of appropriate 

weight) to compensate for the weight of 

the hoist rope between the cathead and 

the footblock. In addition, the 

employers must: 

(i) Ensure that the overhead weight is 

capable of preventing line run; and 

(ii) Use a means to restrain the 

movement of the overhead weight so 

that the weight does not interfere with 

safe personnel hoisting. 

(c) Gate. The personnel cage must 

have a gate that: 

(i) Guards the full height of the 

entrance opening; and 

(ii) Has a functioning mechanical lock 

that prevents accidental opening. 

(d) Operating procedures. The 

employers must post the procedures for 

operating the personnel cage 

conspicuously at the hoist operator’s 

station. 

(e) Capacity. The employers must: 

(i) Hoist no more than four (4) 

occupants in the cage at any one time; 

and 

(ii) Ensure that the rated load capacity 

of the cage is at least 250 pounds (113.4 

kg) for each occupant so hoisted. 

(f) Worker notification. The employers 

must post a sign in each personnel cage 

notifying workers of the following 

conditions: 

(i) The standard rated load, as 

determined by the initial static drop test 

specified by Condition 10(g) (‘‘Static 

drop tests’’) below; and 

(ii) The reduced rated load for the 

specific job. 

(g) Static drop tests. The employers 

must: 

(i) Conduct static drop tests of each 

personnel cage that comply with the 

definition of ‘‘static drop test’’ specified 

by section 3 (‘‘Definitions’’) and the 

static drop-test procedures provided in 

section 13 (‘‘Inspections and Tests’’) of 

American National Standards Institute 

(ANSI) standard A10.22–1990 (R1998) 

(‘‘American National Standard for RopeGuided and Non-guided Worker’s 

Hoists—Safety Requirements’’); 

(ii) Perform the initial static drop test 

at 125 percent of the maximum rated 

load of the personnel cage, and 

subsequent drop tests at no less than 

100 percent of its maximum rated load; 

and 

(iii) Use a personnel cage for raising 

or lowering workers only when no 

damage occurred to the components of 

the cage as a result of the static drop 

tests. 

11. Safety Clamps 

(a) Fit to the guide ropes. The 

employers must: 

(i) Fit appropriately designed and 

constructed safety clamps to the guide 

ropes; and 

(ii) Ensure that the safety clamps do 

not damage the guide ropes when in 

use. 

(b) Attach to the personnel cage. The 

employers must attach safety clamps to 

each personnel cage for gripping the 

guide ropes. 

(c) Operation. The safety clamps 

attached to the personnel cage must: 

(i) Operate on the ‘‘broken rope 

principle’’ defined in section 3 

(‘‘Definitions’’) of ANSI standard 

A10.22–1990 (R1998); 

(ii) Be capable of stopping and 

holding a personnel cage that is carrying 

100 percent of its maximum rated load 

and traveling at its maximum allowable 

speed if the hoist rope breaks at the 

footblock; and 

(iii) Use a pre-determined and pre-set 

clamping force (i.e., the ‘‘spring 

compression force’’) for each hoist 

system. 

(d) Maintenance. The employers must 

keep the safety-clamp assemblies clean 

and functional at all times. 

12. Overhead Protection 

(a) The employers must install a 

canopy or shield over the top of the 

personnel cage that is made of steel 

plate at least three-sixteenths (3⁄16) of an 

inch (4.763 mm) thick, or material of 

equivalent strength and impact 

resistance to protect workers (i.e., both 

inside and outside the chimney) from 

material and debris that may fall from 

above. 

(b) The employers must ensure that 

the canopy or shield slopes to the 

outside of the personnel cage.4

13. Emergency-Escape Device 

(a) Location. The employers must 

provide an emergency-escape device in 

at least one of the following locations: 

(i) In the personnel cage, provided 

that the device is long enough to reach 

the bottom landing from the highest 

possible escape point; or 

(ii) At the bottom landing, provided 

that a means is available in the 

personnel cage for the occupants to raise 

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the device to the highest possible escape 

point. 

(b) Operating instructions. The 

employers must ensure that written 

instructions for operating the 

emergency-escape device are attached to 

the device. 

(c) Training. The employers must 

instruct each worker who uses a 

personnel cage for transportation on 

how to operate the emergency-escape 

device: 

(i) Before the worker uses a personnel 

cage for transportation; and 

(ii) Periodically, and as necessary, 

thereafter. 

14. Personnel Platforms 

(a) Personnel platforms. When the 

employers elect to replace the personnel 

cage with a personnel platform in 

accordance with Condition 2(a) of this 

variance, they must: 

(i) Ensure that an enclosure surrounds 

the platform, and that this enclosure is 

at least 42 inches (106.7 cm) above the 

platform’s floor; 

(ii) Provide overhead protection when 

an overhead hazard is, or could be, 

present; and 

(iii) Comply with the applicable 

scaffolding strength requirements 

specified by 29 CFR 1926.451(a)(1). 

15. Protecting Workers From Fall and 

Shearing Hazards 

(a) Fall hazards. The employers must: 

(i) Before workers use personnel 

cages, personnel platforms, or 

boatswain’s chairs, equip the workers 

with, and ensure that they use, personal 

fall-arrest systems that meet the 

requirements of 29 CFR 1926.502(d); 

(ii) Ensure that workers using 

personnel cages secure their fall-arrest 

systems to attachment points located 

inside the cage; 

(iii) Ensure that workers using 

personnel platforms and boatswain’s 

chairs secure their personal fall-arrest 

systems to a vertical lifeline; and 

(iv) When using vertical lifelines: 

(A) Secure the lifelines to the top of 

the chimney; 

(B) Weight the lifelines properly or 

suitably affix the lifelines to the bottom 

of the chimney; and 

(C) Ensure that workers remain 

attached to their lifeline during the 

entire period of vertical transit. 

(b) Shearing hazards. The employers 

must: 

(i) Provide workers who use 

personnel platforms or boatswain’s 

chairs with instruction on the shearing 

hazards posed by the hoist system (e.g., 

work platforms, scaffolds), and the need 

to keep their limbs or other body parts 

clear of these hazards during hoisting 

operations; 

(ii) Provide the instruction on 

shearing and struck-by hazards: 

(A) Before a worker uses a personnel 

platform or boatswain’s chair at the 

worksite; and 

(B) Periodically, and as necessary, 

thereafter, including whenever a worker 

demonstrates a lack of knowledge about 

the hazards or how to avoid the hazards, 

a modification occurs to an existing 

shearing or struck-by hazard, or a new 

shearing or struck-by hazard develops at 

the worksite; and 

(iii) Attach a readily visible warning 

to each personnel platform and 

boatswain’s chair notifying workers in a 

language they understand of potential 

shearing hazards they may encounter 

during hoisting operations, and that 

uses the following (or equivalent) 

wording: 

(A) For personnel platforms: 

‘‘Warning—To avoid serious injury, 

keep your hands, arms, feet, legs, and 

other parts of your body inside this 

platform while it is in motion’’; and 

(B) For boatswain’s chairs: 

‘‘Warning—To avoid serious injury, do 

not extend your hands, arms, feet, legs, 

or other parts of your body from the side 

or to the front of this chair while it is 

in motion.’’ 

16. Safety Zone 

The employers must: 

(a) Establish a clearly designated 

safety zone around the bottom landing 

of the hoist system; and 

(b) Prohibit any worker from entering 

the safety zone except to access a 

personnel- or material-transport device, 

and then only when the device is at the 

bottom landing and not in operation 

(i.e., when the drive components of the 

hoist machine are disengaged and the 

braking mechanism is properly applied). 

17. Inspections, Tests and Accident 

Prevention 

(a) The employers must: 

(i) Conduct inspections of the hoist 

system as required by 29 CFR 

1926.20(b)(2); 

(ii) Ensure that a competent person 

conducts daily visual inspections of the 

hoist system; and 

(iii) Inspect and test the hoist system 

as specified by 29 CFR 1926.552(c)(15). 

(b) The employers must comply with 

the accident-prevention requirements of 

29 CFR 1926.20(b)(3). 

18. Welding 

(a) The employers must use only 

qualified welders to weld components 

of the hoisting system. 

(b) The employers must ensure that 

the qualified welders: 

(i) Are familiar with the weld grades, 

types, and materials specified in the 

design of the system; and 

(ii) Perform the welding tasks in 

accordance with 29 CFR 1926, subpart 

J (‘‘Welding and Cutting’’). 

19. OSHA Notification 

(a) At least 15 calendar days prior to 

commencing any chimney-construction 

operation using the conditions specified 

herein, the employers must notify the 

OSHA Area Office nearest to the 

worksite of the operation, including the 

location of the operation and the date 

that the operation will commence. 

(b) Each employer must inform OSHA 

national headquarters as soon as it has 

knowledge that it will: 

(i) Cease to do business; or 

(ii) Transfer the activities covered by 

this permanent variance to a successor 

company. 

VII. Authority and Signature 

Jordan Barab, Acting Assistant 

Secretary of Labor for Occupational 

Safety and Health, U.S. Department of 

Labor, 200 Constitution Ave., NW., 

Washington, DC directed the 

preparation of this notice. OSHA is 

issuing this notice under the authority 

specified by Section 6(d) of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 655), Secretary of 

Labor’s Order No. 5–2007 (72 FR 

31160), and 29 CFR part 1905. 

Signed at Washington, DC, on July 14, 

2009. 

Jordan Barab, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. E9–17023 Filed 7–16–09; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

Maritime Advisory Committee for 

Occupational Safety and Health 

(MACOSH) 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: MACOSH meeting, notice of. 

SUMMARY: The Maritime Advisory 

Committee for Occupational Safety and 

Health (MACOSH) was established 

under Section 7 of the Occupational 

Safety and Health (OSH) Act of 1970 to 

advise the Assistant Secretary of Labor 

for Occupational Safety and Health on 

issues relating to occupational safety 

and health in the maritime industries. 

The purpose of this Federal Register 

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