Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 51983 

REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT—Continued 

[Amendment 536 effective date December 7, 2017] 

From To MEA 

NE BND ..................................................................................... 11000 

SW BND ..................................................................................... 13000 

§ 95.6234 VOR Federal Airway V234 Is Amended To Read in Part 

BYWAY, KS FIX ......................................................................... GABIE, KS FIX .......................................................................... * 4500 

* 3800—MOCA 

§ 95.6244 VOR Federal Airway V244 Is Amended To Read in Part 

HAYS, KS VORTAC ................................................................... * GLIDE, KS FIX ......................................................................... 3900 

* 4500—MRA 

* GLIDE, KS FIX .......................................................................... SALINA, KS VORTAC ............................................................... ** 3900 

* 4500—MRA 

** 3200—MOCA 

§ 95.6280 VOR Federal Airway V280 Is Amended To Read in Part 

MITBEE, OK VORTAC ............................................................... * CARKO, KS FIX ....................................................................... 4000 

* 5000—MCA CARKO, KS FIX, NE BND 

§ 95.6502 VOR Federal Airway V502 Is Amended To Read in Part 

DODGE CITY, KS VORTAC ...................................................... * DISKS, KS FIX ......................................................................... ** 4500 

* 5000—MCA DISKS, KS FIX, E BND 

** 4000—MOCA 

§ 95.6508 VOR Federal Airway V508 Is Amended To Read in Part 

HAYS, KS VORTAC ................................................................... * GLIDE, KS FIX ......................................................................... 3900 

* 4500—MRA 

*GLIDE, KS FIX .......................................................................... SALINA, KS VORTAC ............................................................... ** 3900 

* 4500—MRA 

** 3200—MOCA 

§ 95.6577 VOR Federal Airway V577 Is Amended To Read in Part 

CEDAR LAKE, NJ VOR/DME ..................................................... BRIGS, NJ FIX 

E BND ........................................................................................ 6000 

W BND ....................................................................................... 1700 

[FR Doc. 2017–24414 Filed 11–8–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740 and 746 

[Docket No. 171013999–7999–01] 

RIN 0694–AH47 

Amendments To Implement United 

States Policy Toward Cuba 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the 

licensing policy for Cuba and portions 

of three license exceptions available for 

exports and reexports to Cuba: License 

Exceptions Gift Parcels and 

Humanitarian Donations (‘‘GFT’’), 

Consumer Communications Devices 

(‘‘CCD’’), and Support for the Cuban 

People (‘‘SCP’’). The Bureau of Industry 

and Security is publishing this rule to 

implement portions of the National 

Security Presidential Memorandum on 

Strengthening the Policy of the United 

States Toward Cuba, dated June 16, 

2017. 

DATES: This rule is effective November 

9, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Foreign Policy Division, Bureau of 

Industry and Security, Phone: (202) 

482–4252. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 16, 2017, President Trump 

announced changes to U.S. policy 

toward Cuba that are intended to 

enhance compliance with United States 

law; hold the Cuban regime accountable 

for oppression and human rights abuses; 

further the national security and foreign 

policy interests of the United States and 

the interests of the Cuban people; and 

lay the groundwork for empowering the 

Cuban people to develop greater 

economic and political liberty. The 

President’s policy is stated in the 

National Security Presidential 

Memorandum on Strengthening the 

Policy of the United States Toward Cuba 

(‘‘Cuba NSPM’’), dated June 16, 2017. 

The Cuba NSPM also directs the 

Secretary of Commerce, as well as the 

Secretaries of State and the Treasury, to 

take certain actions to implement the 

President’s Cuba policy. 

The Department of Commerce’s 

Bureau of Industry and Security (‘‘BIS’’) 

is issuing this final rule to implement 

portions of the Cuba NSPM. The 

Department of the Treasury’s Office of 

Foreign Assets Control (‘‘OFAC’’) and 

the Department of State are 

simultaneously publishing related 

actions in the Federal Register. 


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51984 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 

Specific Changes Made by This Rule 

Cuba Licensing Policy 

In accordance with the statutory 

embargo of Cuba, license applications 

for the export or reexport to Cuba of 

items subject to the Export 

Administration Regulations (‘‘EAR’’) 

currently are subject to a general policy 

of denial unless the transactions are 

eligible for another review policy stated 

in § 746.2(b). License applications for 

certain export or reexport transactions 

are reviewed on a case-by-case basis or 

under a general policy of approval, 

depending upon the types of items, end 

uses, and end users involved, as 

described in the EAR. 

On January 27, 2016, BIS created a 

case-by-case licensing policy in 

paragraph (b)(3)(i) of § 746.2 of the EAR 

for applications to export or reexport 

items to meet the needs of the Cuban 

people, including exports and reexports 

of such items to state-owned 

enterprises, agencies, and other 

organizations of the Cuban government 

that provide goods and services for the 

use and benefit of the Cuban people (81 

FR 4580). Note 2 to paragraph (b)(3)(i) 

explains that BIS generally will deny 

applications to export or reexport items 

for use by state-owned enterprises, 

agencies, and other organizations that 

primarily generate revenue for the state, 

including those engaged in tourism and 

those engaged in the extraction or 

production of minerals or other raw 

materials. Note 2 to paragraph (b)(3)(i) 

also explains that BIS generally will 

deny applications for the export or 

reexport of items destined to the Cuban 

military, police, intelligence, or security 

services. 

Pursuant to section 3(a) of the Cuba 

NSPM, this rule amends note 2 to 

paragraph (b)(3)(i) of § 746.2 of the EAR 

to clarify that BIS also generally will 

deny applications for the export or 

reexport of items for use by certain 

entities or subentities the State 

Department identifies on its List of 

Restricted Entities and Subentities 

associated with Cuba (‘‘Cuba Restricted 

List’’), unless such transactions are 

determined to be consistent with the 

Cuba NSPM. Section 3(a)(i) of the Cuba 

NSPM directs the Secretary of State to 

publish a list of entities and subentities 

that it has determined (1) are under the 

control of, or act for or on behalf of, the 

Cuban military, intelligence, or security 

services or personnel and (2) with 

which direct financial transactions 

would disproportionately benefit such 

services or personnel at the expense of 

the Cuban people or private enterprise 

in Cuba (Cuba Restricted List). Today 

the Department of State is publishing 

that list in the Federal Register and 

posting it on its Web site at https://

www.state.gov/e/eb/tfs/spi/cuba/

cubarestrictedlist/index.htm. 

Section 3(a)(ii) of the Cuba NSPM 

states that regulatory changes made 

pursuant to section 3(a) shall prohibit 

direct financial transactions with 

entities or subentities identified by the 

Department of State’s Cuba Restricted 

List unless the transactions are 

determined by the Secretary of 

Commerce or the Secretary of the 

Treasury, in coordination with the 

Secretary of State, to be consistent with 

the policy in section 2 and the criteria 

specified in section 3(a)(iii)(A)–(I) of the 

Cuba NSPM. Consequently, license 

applications submitted to BIS that 

involve one or more parties on the 

Department of State’s Cuba Restricted 

List generally will be denied unless the 

transactions are determined by BIS, in 

coordination with the Department of 

State, to be consistent with the 

aforementioned sections of the Cuba 

NSPM. 

Prohibited Cuban Government Officials 

License exceptions authorize certain 

exports and reexports pursuant to 

specified terms and conditions. Only 

the license exceptions specified in 

§ 746.2(a)(1) of the EAR are available for 

exports and reexports to Cuba. License 

Exceptions Gift Parcels and 

Humanitarian Donations (‘‘GFT’’), 

Consumer Communications Devices 

(‘‘CCD’’), and Support for the Cuban 

People (‘‘SCP’’) (§§ 740.12, 740.19, and 

740.21 of the EAR, respectively) specify 

certain eligible and ineligible Cuban 

transaction parties. On October 17, 

2016, BIS revised its list of ineligible 

Cuban government officials in 

§§ 740.12(a)(2)(v)(A), 740.19(c)(2)(i), and 

740.21(d)(4)(ii) of the EAR to 

correspond to amendments OFAC made 

to its definition of prohibited officials of 

the Government of Cuba in § 515.337 of 

the Cuban Assets Control Regulations 

(‘‘CACR’’) (31 CFR part 515) (81 FR 

71365). 

In accordance with section 3(d) of the 

Cuba NSPM, today OFAC is amending 

its definition of prohibited officials of 

the Government of Cuba to include 

certain additional individuals. This rule 

amends the list of ineligible Cuban 

government officials in 

§§ 740.12(a)(2)(v)(A), 740.19(c)(2)(i), and 

740.21(d)(4)(ii) of the EAR to conform 

with OFAC’s amendment. 

Cuban Private Sector 

On January 16, 2015, BIS created 

License Exception Support for the 

Cuban People (SCP) in § 740.21 of the 

EAR to authorize the export and 

reexport of certain items to Cuba that 

are intended to improve the living 

conditions of the Cuban people; support 

independent economic activity and 

strengthen civil society in Cuba; and 

improve the free flow of information to, 

from, and among the Cuban people (80 

FR 2286). On September 21, 2015, 

March 16, 2016, and October 17, 2016, 

BIS amended License Exception SCP to 

authorize additional categories of 

exports and reexports intended to 

further benefit the Cuban people (80 FR 

56898, 81 FR 13972, and 81 FR 71365, 

respectively). 

Consistent with section 2(d) of the 

Cuba NSPM, this rule revises § 740.21(b) 

to further support free enterprise in 

Cuba. Prior to this rule, the text in 

§ 740.21(b)(1)–(3) identified certain 

types of items, such as tools and 

equipment, that were eligible for export 

or reexport to Cuba for (1) use by the 

private sector to construct or renovate 

privately-owned buildings, (2) private 

sector agricultural activities, or (3) use 

by private sector entrepreneurs. This 

rule simplifies and expands § 740.21(b) 

by creating a single provision 

authorizing the export and reexport to 

Cuba of items, without specifying types, 

for use by the Cuban private sector for 

private sector economic activities. To be 

eligible for this provision, the items may 

not be used to primarily generate 

revenue for the state or used to 

contribute to the operation of the state, 

including through the construction or 

renovation of state-owned buildings. 

Additionally, eligible items are limited 

to those that are designated as EAR99 or 

controlled only for anti-terrorism 

reasons on the Commerce Control List 

(‘‘CCL’’). Of note, medicines, medical 

devices, and agricultural commodities 

are not eligible for any provision of 

License Exception SCP due to 

limitations in the Cuban Democracy Act 

of 1992, as amended (22 U.S.C. 6001– 

6010) and the Trade Sanctions Reform 

and Export Enhancement Act of 2000, as 

amended (22 U.S.C. 7201–7211). 

Export Administration Act 

Although the Export Administration 

Act of 1979 expired on August 20, 2001, 

the President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as amended by 

Executive Order 13637 of March 8, 

2013, 78 FR 16129 (March 13, 2013) and 

as extended by the Notice of August 15, 

2017, 82 FR 39005 (August 16, 2017), 

has continued the Export 

Administration Regulations in effect 

under the International Emergency 

Economic Powers Act. BIS continues to 

carry out the provisions of the Export 

Administration Act of 1979, as 


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Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 51985 

appropriate and to the extent permitted 

by law, pursuant to Executive Order 

13222, as amended by Executive Order 

13637. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated a ‘‘significant 

regulatory action,’’ although not 

economically significant, under section 

3(f) of Executive Order 12866. 

Accordingly, the rule has been reviewed 

by the Office of Management and 

Budget (OMB). This rule is not subject 

to the requirements of E.O. 13771 (82 FR 

9339, February 3, 2017) because it is 

issued with respect to a foreign affairs 

function of the United States. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

OMB control number. This rule involves 

a collection of information approved 

under OMB control number 0694– 

0088—Simplified Network Application 

Processing+ System (SNAP+) and the 

Multipurpose Export License 

Application, which carries an annual 

estimated burden of 31,833 hours. BIS 

believes that this rule will have no 

significant impact on that burden. To 

the extent that it has any impact, BIS 

believes that this rule will reduce the 

paperwork burden to the public because 

it will make some transactions that 

currently require a license from BIS 

eligible for a license exception. In those 

instances, exporters and reexporters will 

be relieved of the burden of applying for 

a license. Although this rule makes 

certain additional Cuban government 

officials ineligible for specified license 

exceptions, BIS believes that this change 

will result in the submission of very 

few, if any, additional license 

applications. 

Send comments regarding this burden 

estimate or any other aspect of this 

collection of information, including 

suggestions for reducing the burden, to 

Jasmeet K. Seehra, Office of 

Management and Budget, by email at 

jseehra@omb.eop.gov or by fax to (202) 

395–7285. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking and the opportunity for 

public participation, and a delay in 

effective date, are inapplicable because 

this regulation involves a military or 

foreign affairs function of the United 

States (see 5 U.S.C. 553(a)(1)). This rule 

implements portions of the President 

Trump’s policy toward Cuba, as 

directed by the National Security 

Presidential Memorandum on 

Strengthening the Policy of the United 

States Toward Cuba, dated June 16, 

2017. Delay in implementing this rule to 

obtain public comment would 

undermine the foreign policy objectives 

that the rule is intended to implement. 

Further, no other law requires that a 

notice of proposed rulemaking and an 

opportunity for public comment be 

given for this rule. Because a notice of 

proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

5 U.S.C. 553, or by any other law, the 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. 

List of Subjects 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 746 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 15 CFR Chapter VII, 

Subchapter C is amended as follows: 

PART 740—[AMENDED] 

■ 1. The authority citation for part 740 

continues to read as follows: 

Authority: 50 U.S.C. 4601 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; 

E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 

p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 15, 2017, 82 

FR 39005 (August 16, 2017). 

■ 2. Section 740.12 is amended by 

revising paragraph (a)(2)(v)(A) to read as 

follows: 

§ 740.12 Gift parcels and humanitarian 

donations (GFT). 

(a) * * * 

(2) * * * 

(v) * * * (A) No gift parcel may be 

sent to any of the following officials of 

the Cuban government: Ministers and 

Vice-Ministers; members of the Council 

of State; members of the Council of 

Ministers; members and employees of 

the National Assembly of People’s 

Power; members of any provincial 

assembly; local sector chiefs of the 

Committees for the Defense of the 

Revolution; Director Generals and subDirector Generals and higher of all 

Cuban ministries and state agencies; 

employees of the Ministry of the Interior 

(MININT); employees of the Ministry of 

Defense (MINFAR); secretaries and first 

secretaries of the Confederation of Labor 

of Cuba (CTC) and its component 

unions; chief editors, editors and deputy 

editors of Cuban state-run media 

organizations and programs, including 

newspapers, television, and radio; or 

members and employees of the Supreme 

Court (Tribuno Supremo Nacional). 

* * * * * 

■ 3. Section 740.19 is amended by 

revising paragraph (c)(2)(i) to read as 

follows: 

§ 740.19 Consumer Communications 

Devices (CCD). 

* * * * * 

(c) * * * 

(2) * * * 

(i) Ineligible Cuban Government 

Officials. Ministers and Vice-Ministers; 

members of the Council of State; 

members of the Council of Ministers; 

members and employees of the National 

Assembly of People’s Power; members 

of any provincial assembly; local sector 

chiefs of the Committees for the Defense 

of the Revolution; Director Generals and 

sub-Director Generals and higher of all 

Cuban ministries and state agencies; 

employees of the Ministry of the Interior 

(MININT); employees of the Ministry of 

Defense (MINFAR); secretaries and first 

secretaries of the Confederation of Labor 

of Cuba (CTC) and its component 

unions; chief editors, editors and deputy 

editors of Cuban state-run media 

organizations and programs, including 

newspapers, television, and radio; or 

members and employees of the Supreme 

Court (Tribuno Supremo Nacional). 

* * * * * 

■ 4. Section 740.21 is amended by: 

■ a. Revising paragraph (b)(1); 

■ b. Removing paragraphs (b)(2) and (3); 

■ c. Redesignating paragraph (b)(4) as 

new paragraph (b)(2); and 

■ d. Revising paragraph (d)(4)(ii) to read 

as follows: 

§ 740.21 Support for the Cuban People 

(SCP). 

* * * * * 


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51986 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 

(b) * * * 

(1) Items for use by the Cuban private 

sector for private sector economic 

activities, except for items that would be 

used to: 

(i) Primarily generate revenue for the 

state; or 

(ii) Contribute to the operation of the 

state, including through the 

construction or renovation of stateowned buildings. 

(2) Items sold directly to individuals 

in Cuba for their personal use or their 

immediate family’s personal use, other 

than officials identified in paragraphs 

(d)(4)(ii) or (iii) of this section. 

* * * * * 

(d) * * * 

(4) * * * 

(ii) Ministers and Vice-Ministers; 

members of the Council of State; 

members of the Council of Ministers; 

members and employees of the National 

Assembly of People’s Power; members 

of any provincial assembly; local sector 

chiefs of the Committees for the Defense 

of the Revolution; Director Generals and 

sub-Director Generals and higher of all 

Cuban ministries and state agencies; 

employees of the Ministry of the Interior 

(MININT); employees of the Ministry of 

Defense (MINFAR); secretaries and first 

secretaries of the Confederation of Labor 

of Cuba (CTC) and its component 

unions; chief editors, editors and deputy 

editors of Cuban state-run media 

organizations and programs, including 

newspapers, television, and radio; or 

members and employees of the Supreme 

Court (Tribuno Supremo Nacional); and 

* * * * * 

PART 746—[AMENDED] 

■ 5. The authority citation for part 746 

continues to read as follows: 

Authority: 50 U.S.C. 4601 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, 

Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 6004; 

22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 

614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 

Comp., p. 899; E.O. 13222, 66 FR 44025, 3 

CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 

26751, 3 CFR, 2004 Comp., p 168; 

Presidential Determination 2003–23, 68 FR 

26459, 3 CFR, 2004 Comp., p. 320; 

Presidential Determination 2007–7, 72 FR 

1899, 3 CFR, 2006 Comp., p. 325; Notice of 

May 9, 2017, 82 FR 21909 (May 10, 2017); 

Notice of August 15, 2017, 82 FR 39005 

(August 16, 2017). 

■ 6. Section 746.2 is amended by 

revising Note 2 to Paragraph (b)(3)(i) to 

read as follows: 

§ 746.2 Cuba. 

* * * * * 

(b) * * * 

(3) * * * 

(i) * * * 

Note 2 to paragraph (b)(3)(i): The policy of 

case-by-case review in this paragraph is 

intended to facilitate exports and reexports to 

meet the needs of the Cuban people. 

Accordingly, BIS generally will deny 

applications to export or reexport items for 

use by state-owned enterprises, agencies, and 

other organizations that primarily generate 

revenue for the state, including those 

engaged in tourism and those engaged in the 

extraction or production of minerals or other 

raw materials. Applications for export or 

reexport of items destined to the Cuban 

military, police, intelligence or security 

services also generally will be denied. 

Additionally, pursuant to section 3(a) of the 

National Security Presidential Memorandum 

on Strengthening the Policy of the United 

States Toward Cuba (NSPM), dated June 16, 

2017, BIS generally will deny applications to 

export or reexport items for use by entities 

or subentities identified by the Department of 

State in the Federal Register or at https://

www.state.gov/e/eb/tfs/spi/cuba/

cubarestrictedlist/index.htm, unless such 

transactions are determined to be consistent 

with sections 2 and 3(a)(iii) of the NSPM. 

* * * * * 

Dated: November 6, 2017. 

Richard E. Ashooh, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2017–24448 Filed 11–8–17; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1926 

[Docket ID–OSHA–2007–0066] 

RIN 1218–AC96 

Cranes and Derricks in Construction: 

Operator Certification Extension 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Final rule. 

SUMMARY: OSHA is delaying its deadline 

for employers to ensure that crane 

operators are certified by one year until 

November 10, 2018. OSHA is also 

extending its employer duty to ensure 

that crane operators are competent to 

operate a crane safely for the same oneyear period. 

DATES: This final rule is effective on 

November 9, 2017. 

ADDRESSES: In accordance with 28 

U.S.C. 2112(a)(2), the Agency designates 

Ann Rosenthal, Associate Solicitor of 

Labor for Occupational Safety and 

Health, Office of the Solicitor, Room S– 

4004, U.S. Department of Labor, 200 

Constitution Avenue NW., Washington, 

DC 20210, to receive petitions for 

review of the final rule. 

FOR FURTHER INFORMATION CONTACT: 

General information and press 

inquiries: Mr. Frank Meilinger, OSHA 

Office of Communications: telephone: 

(202) 693–1999; email: 

Meilinger.Francis2@dol.gov. 

Technical inquiries: Mr. Vernon 

Preston, Directorate of Construction: 

telephone: (202) 693–2020; fax: (202) 

693–1689; email: Preston.Vernon@

dol.gov. 

Copies of this Federal Register 

document and news releases: Electronic 

copies of these documents are available 

at OSHA’s Web page at http://

www.osha.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Introduction 

OSHA is publishing this final rule to 

further extend by one year the employer 

duty to ensure the competency of crane 

operators involved in construction 

work. Previously this duty was 

scheduled to terminate on November 10, 

2017, but now continues until 

November 10, 2018. OSHA also is 

further delaying the deadline for crane 

operator certification for one year from 

November 10, 2017, to November 10, 

2018. As explained in more detail in the 

following Regulatory Background 

section, the extension and delay are 

necessary to provide sufficient time for 

OSHA to complete a related rulemaking 

to address issues with its existing 

Cranes and Derricks in Construction 

standard (29 CFR part 1926, subpart CC, 

referred to as ‘‘the crane standard’’ 

hereafter) (75 FR 47905). 

In establishing the effective date of 

this action, the Agency finds good cause 

pursuant to 5 U.S.C. 553(d)(3) of the 

Administrative Procedure Act that this 

rule be made effective on November 9, 

2017, rather than delaying the effective 

date for 30 days after publication. The 

basis for this finding is that it is 

unnecessary to delay this effective date 

to provide an additional period of time 

for employers to comply with a new 

requirement because OSHA is extending 

the status quo. This final rule 

establishes no new burdens on the 

regulated community; rather, it further 

delays implementation of the crane 

operator certification requirements in 

the crane standard and further extends 

the employer duty in the crane standard 

to ensure the competency of crane 

operators, a duty that employers have 

been required to comply with since 

publication of the crane standard in 

2010. 


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