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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1218-0261
ICR Reference No:
201710-1218-003
Status:
Historical Inactive
Previous ICR Reference No:
201702-1218-003
Agency/Subagency:
DOL/OSHA
Agency Tracking No:
1218-0261(Railroad NPRM 2018)
Title:
Cranes and Derricks in Construction Standard (29 CFR part 1926, Subpart CC)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
08/24/2018
Retrieve Notice of Action (NOA)
Date Received in OIRA:
07/19/2018
Terms of Clearance:
OMB is withholding approval at this time. Prior to publication of the final rule, the agency should provide a summary of any comments related to the information collection and their response, including any changes made to the ICR as a result of comments. In addition, the agency must enter the correct burden estimates.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2020
36 Months From Approved
07/31/2021
Responses
2,671,889
0
2,671,889
Time Burden (Hours)
382,750
0
382,750
Cost Burden (Dollars)
2,286,501
0
2,286,501
Abstract:
The information collection requirements contained in the Cranes and Derricks Standard codified at 29 CFR part 1926 subpart CC mandate that a covered employer produce and maintain records documenting controls and other measures taken to protect workers from hazards related to cranes and derricks used in construction. A construction business with workers who operate or work in the vicinity of cranes and derricks must have, as applicable, the following documents on file and available at the job site: equipment ratings, employee training records, written authorizations from qualified individuals, operator’s certification documents and qualification program audits. After the final rule for Cranes and Derricks in Construction was published on August 9, 2010, the Association of American Railroads (AAR) filed a petition for review on October 7, 2010, challenging certain exemptions affecting railroad roadway work. OSHA and AAR reached a September 9, 2014, settlement agreement filed with the court. The settlement agreement requires OSHA to undertake rulemaking to expand exemptions affecting railroad roadway work by providing an additional exemption from the crane standard for a particular class of track maintenance hoisting equipment and partial exemptions from, or alternate work practices in lieu of particular requirements of the cranes standard. This proposed rule will address compliance concerns raised by the railroad industry.
Authorizing Statute(s):
US Code:
29 USC 655
Name of Law: Occupational Safety and Health Act
US Code:
29 USC 657
Name of Law: Occupational Safety and Health Act
US Code:
29 USC 651
Name of Law: Occupational Safety and Health Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1218-AD07
Proposed rulemaking
83 FR 34076
07/19/2018
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
83 FR 34076
07/19/2018
30-day Notice:
Federal Register Citation:
Citation Date:
83 FR 34076
07/19/2018
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Cranes and Derricks in Construction (29 CFR Part 1926, Subpart CC)
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The Agency added to the ICR several provisions of proposed 29 CFR 1926.1442 as new information collection requirements. As a result, the Agency requests a program change increase of 1,206 burden hours. For capital (operation and maintenance) costs, the Agency requests a program change increase of $77,092. The majority of these slight cost increases are estimates related to costs incurred by a subset of affected employers seeking to meet the requirements of the proposed exemptions by obtaining registered professional engineer determinations. The proposed exemptions do not generate costs savings in the existing ICR equations because the affected respondents were not previously represented in those equations. In addition, the Agency requests an adjustment increase of 52,745 burden hours. This adjustment is associated with new respondents added into existing ICR burden hour calculations. Also, the adjustment relates to updates to the economic assumptions in the ICR estimating the total number of cranes affected by Subpart CC. For the same reasons, the Agency requests an adjustment increase of $259,401 in capital (operation and maintenance) costs. In total, combining both program changes and adjustments, the Agency requests an increase of 53,951 burden hours (from 382,750 to 436,701 hours) and $336,493 in capital (operation and maintenance) costs (from $2,286,501 to $2,622,994).
Annual Cost to Federal Government:
$34
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Rachel Showalter 202 693-2146 Showalter.Rachel@dol.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
07/19/2018