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

Forms and Documents

Document Name	Status
Appendix B (public comment summary).docx Supplementary Document	2020-09-15
1218-0261 PRA Supporting Statement for Railroad Roadway Work Final Rule 9-15-2020.docx Supporting Statement A	2020-09-15
Supporting Statement - Cranes and Derricks Operator Qualification Final Rule 11-09-18 Ver2 (9).doc Supplementary Document	2019-10-03
29 CFR 1926.1400-1442 eCFR — Code of Federal Regulations download 06.10.19.pdf Supplementary Document	2019-06-10
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: 201906-1218-001
Status: Received in OIRA	Previous ICR Reference No: 201702-1218-003
Agency/Subagency: DOL/OSHA	Agency Tracking No: 1218-0261(2020 Railroad Roadway Work Final)
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	Date Submitted to OIRA: 09/15/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2021
Responses	3,009,167	2,671,889
Time Burden (Hours)	429,478	382,750
Cost Burden (Dollars)	2,547,063	2,286,501

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Abstract: The collection of information 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. With this final rule, OSHA is revising its standard for cranes and derricks in construction to provide specific exemptions and clarifications with regard to the application of the standard to cranes and derricks used for railway roadway work. These exemptions and clarifications recognize the unique equipment and circumstances in railway roadway work and reflect the preemption of some OSHA requirements by regulations promulgated by the Federal Railroad Administration (FRA).

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Authorizing Statute(s): US Code: 29 USC 651 Name of Law: Occupational Safety and Health Act
   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
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1218-AD07	Final or interim final rulemaking	85 FR 57109	09/15/2020

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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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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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	3,009,167	2,671,889	0	0	337,278	0
Annual Time Burden (Hours)	429,478	382,750	0	0	46,728	0
Annual Cost Burden (Dollars)	2,547,063	2,286,501	0	0	260,562	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Agency requests an overall burden hour increase of 46,727.93 hours (from 382,750.00 to 429,477.93 hours) and $260,562.43 in capital (operation and maintenance) costs (from $2,286,501.00 to $2,547,063.43). The majority of this burden hour increase is associated with the adjustment of the ICR to add railroad industry establishment respondents identified in the FEA. A smaller portion of this burden and cost is associated with the incorporation of approved burden and costs under OMB control number 1218-0270. A breakdown of the burden hours associated with both actions is provided below. Railroad Roadway Work Final Rule (Revision) - The Agency requests a burden hour adjustment increase of 40,394.52 burden hours associated with railroad respondents identified in the FEA. Also, this adjustment was impacted by updates to the economic assumptions in the ICR estimating the total number of cranes affected by Subpart CC, from 111,991 to 115,829, the agency’s use of fractions instead of rounded decimals to calculate burden hour time, and a different methodology for rounding burden hour and cost calculations. For the same reasons, and also due to inflation, the Agency requests an adjustment increase of $260,562.43 in capital (operation and maintenance) costs. Operator Qualification Final Rule (Non-Material Change) - A portion of the burden hour increase, 7,402.66 burden hours, is due to the incorporation of burden hours previously approved by OMB under OMB Control Number 1218-0270. This aspect of the ICR constitutes a non-material change as the collection of information associated with 29 CFR 1926.1427 remains the same as approved. In the ICR currently approved under OMB Control Number 1218-0261, the agency estimated a total 1,043 burden hours associated with 29 CFR 1926.1427. This results in a net increase for this ICR of 6,359.66 burden hours. For the same reason, a portion of the capital cost adjustment is due to the incorporation of a $569.99 decrease in costs previously approved by OMB under OMB Control Number 1218-0270. Under the currently approved OMB Control Number 1218-0261, the annual capital costs associated with 29 CFR 1926.1427 total $655.00. The final crane operator qualification final rule approved under OMB Control Number 1218-0270 estimates these costs be $85.02. This results in a net decrease for this ICR of $569.99.

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Annual Cost to Federal Government: $9

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? No

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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: 09/15/2020

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