Cranes and Derricks in Construction Standard (29 CFR part 1926, Subpart CC)

Forms and Documents

Document Name	Status
Railroad Roadway Work NPRM ICR 07.14.18 nt.docx Supporting Statement A	2018-07-16
29 CFR 1926.1400 (Supbpart CC) eCFR (downloaded 02.21.17).pdf Supplementary Document	2017-02-21
OSH Act Section 8 USC 657.pdf Supplementary Document	2013-11-18
OSH Act Section 6 USC 655.pdf Supplementary Document	2013-11-18
OSH Act Section 2 USC 651.pdf Supplementary Document	2013-11-18

IC Document Collections

IC ID	Document Title	Status
186840	Cranes and Derricks in Construction (29 CFR Part 1926, Subpart CC)	Modified

ICR Details

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
	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	01/31/2021
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

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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.

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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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1218-AD07	Proposed rulemaking	83 FR 34076	07/19/2018

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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

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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)

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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).

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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

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Common Form ICR:  No

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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

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