[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Rules and Regulations]
[Pages 46809-46810]
[FR Doc No: 2013-18618]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2012-1036]

Safety Zones and Special Local Regulations; Recurring Marine
Events in Captain of the Port Long Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce special local regulations for one
regatta and seven safety zones for five fireworks displays and two swim
events in the Sector Long Island Sound area of responsibility on the
dates and times listed in the tables below. This action is necessary to
provide for the safety of life on navigable waterways during the
events. During the enforcement period, no person or vessel may enter
the regulated area or safety zones without permission of the Captain of
the Port (COTP) Sector Long Island Sound or designated representative.

DATES: The regulations in 33 CFR 100.100 and 33 CFR 165.151 will be
enforced during the dates and times that follow in the SUPPLEMENTARY
INFORMATION section.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Petty Officer Scott Baumgartner, Waterways Management
Division, U.S. Coast Guard Sector Long Island Sound; telephone 203-468-
4559, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the regulated
area listed in 33 CFR 100.100 and safety zones listed in 33 CFR 165.151
on the specified dates and times as indicated in tables that follow. If
the event is delayed by inclement weather, the regulation will be
enforced on the rain date indicated in tables below. These regulations
were published in the Federal Register on May 24, 2013 (78 FR 31402).

                         Table to Sec.   100.100
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------------------------------------------------------------------------
1.7 Hartford Dragon Boat Regatta.......   Date: August 17, 2013
                                          from 7:30 a.m. until 5:30 p.m.
                                          and August 18, 2013 from 8:30
                                          a.m. until 4:30 p.m.
                                          Regulated area: All
                                          waters of the Connecticut
                                          River in Hartford, CT between
                                          the Bulkeley Bridge
                                          41[deg]46'10.10'' N,
                                          072[deg]39'56.13'' W and the
                                          Wilbur Cross Bridge
                                          41[deg]45'11.67'' N,
                                          072[deg]39'13.64'' W (NAD 83).
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                        Table 1 to Sec.   165.151
------------------------------------------------------------------------

------------------------------------------------------------------------
8.3 Old Black Point Beach Association     Date: August 17, 2013.
 Fireworks.                               Rain Date: August 18,
                                          2013.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters off
                                          Old Black Point Beach East
                                          Lyme, CT in approximate
                                          position, 41[deg]17'34.9'' N,
                                          072[deg]12'55'' W (NAD 83).
8.6 Stamford Fireworks.................   Date: August 29, 2013.
                                          Rain date: August 30,
                                          2013.
                                          Time: 8 p.m. to 9:30
                                          p.m.
                                          Location: Waters of
                                          Stamford Harbor, off
                                          Kosciuszco Park, Stamford, CT
                                          in approximate position
                                          41[deg]01'48.46'' N,
                                          073[deg]32'15.32'' W (NAD 83).
8.8 Ascension Fireworks................   Date: August 17, 2013.
                                          Rain Date: August 18,
                                          2013.
                                          Time: 9 p.m. to 10
                                          p.m.
                                          Location: Waters of
                                          the Great South Bay off The
                                          Pines, East Fire Island, NY in
                                          approximate position
                                          40[deg]40'07.47'' N,
                                          073[deg]04'31.73'' W (NAD 83).
9.3 Village of Island Park Labor Day      Date: August 31, 2013.
 Celebration Fireworks.                   Rain Date: September
                                          1, 2013.
                                          Location: Waters off
                                          Village of Island Park Fishing
                                          Pier, Village Beach, NY in
                                          approximate position
                                          40[deg]36'30.95'' N,
                                          073[deg]39'22.23'' W (NAD 83).
------------------------------------------------------------------------

                        Table 2 to Sec.   165.151
------------------------------------------------------------------------

------------------------------------------------------------------------
1.1 Swim Across the Sound..............   Date: August 3, 2013.
                                          Time: 9 a.m. to 7 p.m.
                                          Location: Waters of
                                          Long Island Sound, Port
                                          Jefferson, NY to Captain's
                                          Cove Seaport, Bridgeport, CT
                                          in approximate positions
                                          40[deg]58'11.71'' N,
                                          073[deg]05'51.12'' W, north-
                                          westerly to the finishing
                                          point at Captain's Cove
                                          Seaport 41[deg]09'25.07'' N,
                                          073[deg]12'47.82'' W (NAD 83).
1.5 Stonewall Swim.....................   Date: August 3, 2013.
                                          Time: 8:30 a.m. until
                                          12:30 p.m.
                                          Location: All
                                          navigable waters of the Great
                                          South Bay within a three mile
                                          long and half mile wide box
                                          connecting Snedecor Avenue in
                                          Bayport, NY to Porgie Walk in
                                          Fire Island, NY. Formed by
                                          connecting the following
                                          points. Beginning at
                                          40[deg]43'40.24'' N,
                                          073[deg]03'41.50'' W; then to
                                          40[deg]43'40.00'' N,
                                          073[deg]03'13.40'' W; then to
                                          40[deg]40'04.13 N,
                                          073[deg]03'43.81'' W; then to
                                          40[deg]40'08.30'' N,
                                          073[deg]03'17.70'' W; and
                                          ending at the beginning point
                                          40[deg]43'40.24'' N,
                                          073[deg]03'41.5'' W (NAD 83).
------------------------------------------------------------------------

    Under the provisions of 33 CFR 100.100 and 33 CFR 165.151, the
regatta, fireworks displays and swim events listed above are
established as a special local regulation or safety zones. During the
enforcement period, persons and vessels are prohibited from entering
into, transiting through, mooring, or anchoring within the regulated
area or safety zones unless they receive permission from the COTP or
designated representative.
    This notice is issued under authority of 33 CFR part 100, 33 CFR
part 165, and 5 U.S.C. 552(a). In addition to this notice in the
Federal Register, the Coast Guard will provide the maritime community
with advance notification of this enforcement period via the Local
Notice to Mariners or marine information broadcasts. If the COTP
determines that a regulated area need not be enforced for the full
duration stated in this notice, a Broadcast Notice to Mariners may be
used to grant general permission to enter the regulated area.

    Dated: July 18, 2013.
E. J. Cubanski,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2013-18618 Filed 8-1-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Pages 80305-80307]
[FR Doc No: 2023-25459]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-4807]

General Hospital and Personal Use Devices Panel of the Medical
Devices Advisory Committee; Notice of Meeting; Establishment of a
Public Docket; Request for Comments--506J Device List

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the General Hospital and Personal
Use Devices Panel of the Medical Devices Advisory Committee (the
Committee). The general function of the Committee is to provide advice
and recommendations to FDA on regulatory issues. The meeting will be
open to the public. FDA is establishing a docket for public comment on
this document.

DATES: The meeting will be held on February 6, 2024, from 9 a.m. to 5
p.m. Eastern Time.

ADDRESSES: Holiday Inn Gaithersburg, Two Montgomery Village Ave.,
Gaithersburg, MD 20879. The hotel's telephone number is<PHONE_NUMBER>.
The hotel's link can be found at: https://www.ihg.com/holidayinn/hotels/us/en/gaithersburg/wasrv/hoteldetail.
    Answers to commonly asked questions about FDA advisory committee
meetings may be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2023-N-4807. The docket will close on March 6,
2024. Please note that late, untimely filed comments will not be
considered. The https://www.regulations.gov electronic filing system
will accept comments until 11:59 p.m. Eastern Time at the end of March
6, 2024. Comments received by mail/hand delivery/courier (for written/
paper submissions) will be considered timely if they are received on or
before that date.
    Comments received on or before January 16, 2024, will be provided
to the Committee. Comments received after that date will be taken into
consideration by FDA. In the event that the meeting is cancelled, FDA
will continue to evaluate any relevant applications or information, and
consider any comments submitted to the docket, as appropriate.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2023-N-4807 for ``General Hospital and Personal Use Devices Panel
of the Medical Devices Advisory Committee; Notice of Meeting;
Establishment of a Public Docket; Request for Comments.'' Received
comments, those filed in a timely manner (see ADDRESSES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify the information as ``confidential.'' Any
information marked as ``confidential'' will not be disclosed except in
accordance with 21 CFR 10.20 and other applicable disclosure law. For
more information about FDA's posting of comments to public dockets, see
80 FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jarrod Collier, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5214, Silver Spring, MD 20993-0002,
[email protected],<PHONE_NUMBER>, or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER>) in the Washington, DC
area). A notice in the Federal Register about last-minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check the FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before the
meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: On February 6, 2024, the Committee will discuss and make
recommendations on medical device supply chain resiliency and shortage
issues, including the ``506J Device List'' which has been developed as
a requirement of the Consolidated Appropriations Act, 2023.
Specifically, section 2514(c) of the Consolidated Appropriations Act,
2023 (Pub. L. 117-328) directs FDA to publish a list of devices by FDA
product code subject to mandatory notifications under section 506J of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356j).
Manufacturers of the devices on the 506J Device List will be required
to notify FDA during, or in advance of, a public health emergency about
a permanent discontinuance in the manufacture or an interruption in the
manufacture of devices included on this list. The Committee will also
discuss how the 506J Device List relates to medical devices used in
pandemic preparedness and response to satisfy, in part, a requirement
under section 3302 of the Food and Drug Omnibus Reform Act of 2022
(FDORA).

    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available on FDA's website
and at the location of the advisory committee meeting, and the
background material will be posted on FDA's website after the meeting.
Background material will be available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate
advisory committee meeting link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the Committee.
All electronic and written submissions submitted to the Docket (see
ADDRESSES) on or before January 16, 2024, will be provided to the
Committee. Oral presentations from the public will be scheduled on
February 6, 2024, between approximately 1 p.m. and 2 p.m. Eastern Time.
Those individuals interested in making formal oral presentations should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before
January 5, 2024. Time allotted for each presentation may be limited. If
the number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by January 8, 2024.
    For press inquiries, please contact the Office of Media Affairs at
[email protected] or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Artair Mallett at [email protected] or<PHONE_NUMBER> at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. 1001 et seq.).

    Dated: November 14, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-25459 Filed 11-16-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Notices]
[Pages 34441-34442]
[FR Doc No: 2012-14033]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67120; File No. SR-C2-2012-017]

 Self-Regulatory Organizations; C2 Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Fees Schedule

June 5, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 1, 2012, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is available on the Exchange's Web site (http://www.c2exchange.com/Legal/), at the Exchange's Office of the Secretary,
and at the Commission.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Fees Schedule with regards to
connectivity fees. C2 recently moved its trading systems over to the
Equinix NY4 facility (``NY4''). In addition to 1 Gigabit Ethernet (``1
Gbps'') network access, NY4 has capacity to accommodate 10 Gigabit
Ethernet (``10 Gbps'') network access. The Exchange would like to make
such a connection available to C2 market participants. However, the
equipment and infrastructure necessary to provide the 10 Gbps
connection is more expensive than that necessary to provide a 1 Gbps
connection. As such, the Exchange proposes to adopt a $1,000 per month
fee for access to a 10 Gbps Network Access Port ($2,000 for Sponsored
Users), and to clarify on the Fees Schedule that the connection
currently being provided for $500 per month ($1,000 for Sponsored
Users) is for a 1 Gbps connection to a Network Access Port. C2 market
participants will be able to elect to connect to C2's trading system
via either a 1 Gbps or 10 Gbps Network Access port. Regardless of which
is chosen, the Network Access Port fee will be assessed for each port
that provides direct access to C2's trading system. The Exchange
currently charges a different rate for regular access and Sponsored
User access, and merely proposes to increase the rates in equal
proportion.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\3\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \4\ requirements that the rules of
an exchange be designed to promote just and equitable principles of
trade, to prevent fraudulent and manipulative acts, to remove
impediments to and to perfect the mechanism for a free and open market
and a national market system, and, in general, to protect investors and
the public interest, and with Section 6(b)(4) of the Act,\5\ which
provides that Exchange rules may provide for the equitable allocation
of reasonable dues, fees, and other charges among its Trading Permit
Holders and other persons using its facilities.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
    \5\ 15 U.S.C. 78f(b)(4).
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    Assessing a higher fee for 10 Gbps connectivity than for 1 Gbps
connectivity is reasonable because 10 Gbps connectivity is more robust
than 1 Gbps connectivity, and is equitable and not unfairly
discriminatory because 10 Gbps connectivity requires more costly
equipment and maintenance, and the Exchange must recoup the costs
related to providing 10 Gbps connectivity. Further, C2 market
participants may still elect for the less-expensive 1 Gbps
connectivity. Finally, the amount of the fee for 10 Gbps connectivity
is less than the amount of the fees for 10 Gbps connectivity assessed
by other exchanges.\6\
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    \6\ See New York Stock Exchange Price List, page 13, which lists
monthly prices of $12,000-61,500 for different types of 10 Gbps
connectivity (along with initial charges of $10,000-50,000) and
International Securities Exchange Schedule of Fees, page 9, which
lists a low-latency Ethernet network access fee of $7,000 per month.
---------------------------------------------------------------------------

    Assessing higher fees for Sponsored Users is equitable and not
unfairly discriminatory because Sponsored Users are able to access the
Exchange and use the equipment provided without purchasing a trading
permit. As such, Trading Permit Holders who have purchased a trading
permit will have a

higher level of commitment to transacting business on the Exchange and
using Exchange facilities than Sponsored Users. Finally, these
increases maintain the same proportionate amounts that are paid by
regular users relative to Sponsored Users.
    Clarifying that the current $500 monthly fee for a Network Access
Port ($1,000 for Sponsored Users) is for a 1 Gbps connection removes
impediments to and to perfect the mechanism for a free and open market
and a national market system, and, in general, protects investors and
the public interest by eliminating any confusion about which connection
will be assessed which fee (now that the Exchange will be offering both
the 1 Gbps and 10 Gbps connection options).

B. Self-Regulatory Organization's Statement on Burden on Competition

    C2 does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \7\ of the Act and paragraph (f) of Rule 19b-4 \8\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2012-017 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-C2-2012-017. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-C2-2012-017,
and should be submitted on or before July 2, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-14033 Filed 6-8-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 160 (Friday, August 17, 2012)]
[Rules and Regulations]
[Pages 49722-49730]
[FR Doc No: 2012-20171]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket ID-OSHA-2007-0066]
RIN 1218-AC61

Cranes and Derricks in Construction: Demolition and Underground
Construction

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Direct final rule.

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SUMMARY: On August 9, 2010, OSHA issued a final standard updating the
requirements for cranes and derricks used in construction work. For
most construction work, the final rule replaced a prior cranes and
derricks standard. However, the prior standard continues to apply to
demolition and underground construction work. Through this direct final
rule, OSHA is applying the updated requirements to that work. With this
direct final rule, OSHA also is correcting inadvertent errors made to
the demolition and underground construction standards when it issued
the final rule for cranes and derricks in construction.

DATES: This direct final rule will become effective on November 15,
2012 unless OSHA receives a significant adverse comment to this direct
final rule or the companion proposal by September 17, 2012. If OSHA
receives adverse comment, it will publish a timely withdrawal of the
rule in the Federal Register. Submit comments to this direct final
rule, including comments to the information-collection (paperwork)
determination (described under the section titled AGENCY
DETERMINATIONS), hearing requests, and other information by September
17, 2012. All submissions must bear a postmark or provide other
evidence of the submission date.

ADDRESSES: Submit comments, hearing requests, and other material,
identified by Docket No. OSHA-2007-0066, by any of the following
methods:
    Electronically: Submit comments and attachments, as well as hearing
requests and other information, electronically at http://www.regulations.gov, which is the Federal e-Rulemaking Portal. Follow
the instructions online for submitting comments. Please note that this
docket may include several different Federal Register notices involving
active rulemakings, so selecting the correct notice or its ID number
when submitting comments for this rulemaking is extremely important.
After accessing the docket (OSHA-2007-0066), look for the name of this
rulemaking (Cranes and Derricks in Construction: Demolition and
Underground Construction) in the column labeled ``Title.''
    Facsimile: OSHA allows facsimile transmission of comments that are
10 pages or fewer in length (including attachments). Fax these
documents to the OSHA Docket Office at<PHONE_NUMBER>. OSHA does not
require hard copies of these documents. Instead of transmitting
facsimile copies of attachments that supplement these documents (e.g.,
studies, journal articles), commenters must submit these attachments to
the OSHA Docket Office, Technical Data Center, Room N-2625, OSHA, U.S.
Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210.
These attachments must clearly identify the sender's name, the date,
subject, the title of the rulemaking (Cranes and Derricks in
Construction: Demolition and Underground Construction) and the docket
number (OSHA-2007-0066) so that the Docket Office can attach them to
the appropriate document.
    Regular mail, express delivery, hand (courier) delivery, and
messenger service: Submit comments and any additional material to the
OSHA Docket Office, RIN No. 1218-AC61, Technical Data Center, Room N-
2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW.,
Washington, DC 20210; telephone:<PHONE_NUMBER>. (OSHA's TTY number is
(877) 889-5627). Contact the OSHA Docket Office for information about
security procedures concerning delivery of materials by express
delivery, hand delivery, and messenger service. The Docket Office will
accept deliveries (express delivery, hand delivery, messenger service)
during the Docket Office's normal business hours, 8:15 a.m. to 4:45
p.m., e.t.
    Instructions: All submissions must include the Agency's name, the
title of the rulemaking (Cranes and Derricks in Construction:
Demolition and Underground Construction), and the docket number (i.e.,
OSHA Docket No. OSHA-2007-0066). OSHA will place comments and other
material, including

any personal information, in the public docket without revision, and
the comments and other material will be available online at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting statements they do not want made available to the public, or
submitting comments that contain personal information (either about
themselves or others) such as Social Security numbers, birth dates, and
medical data.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or to the OSHA Docket Office
at the above address. The electronic docket for this direct final rule
established at http://www.regulations.gov lists most of the documents
in the docket. However, some information (e.g., copyrighted material)
is not available publicly to read or download through this Web site.
All submissions, including copyrighted material, are available for
inspection at the OSHA Docket Office. Contact the OSHA Docket Office
for assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT: General information and press
inquiries: Mr. Frank Meilinger, OSHA Office of Communications, Room N-
3647, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone:<PHONE_NUMBER>.
    Technical inquiries: Mr. Garvin Branch, Directorate of
Construction, Room N-3468, OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
2020; fax:<PHONE_NUMBER>.
    Copies of this Federal Register notice and news releases:
Electronic copies of these documents are available at OSHA's Web page
at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Request for Comment
II. Direct Final Rulemaking
III. Discussion of Amendments
    A. Background
    B. Demolition Work
    C. Underground Construction
    D. Rationale for Extending Subpart CC to Demolition and
Underground Construction
IV. Agency Determinations
    A. Final Economic Analysis and Final Regulatory Flexibility
Analysis
    B. Paperwork Reduction Act of 1995
    C. Federalism
    D. State Plan States
    E. Unfunded Mandates Reform Act
    F. Consultation and Coordination With Indian Tribal Governments
    G. Legal Considerations
List of Subjects in 29 CFR Part 1926
Authority and Signature
Amendments to Standards

I. Request for Comment

    OSHA requests comment on all issues related to this direct final
rule, including economic, paperwork, or other regulatory impacts of
this rule on the regulated community. If OSHA receives no significant
adverse comment to either the direct final rule or the companion
proposed rule, OSHA will publish a Federal Register document confirming
the effective date of this direct final rule and withdrawing the
companion proposed rule published in the ``Proposed Rules'' section of
this Federal Register. Such confirmation may include minor stylistic or
technical changes to the document. For the purpose of judicial review,
OSHA considers the date of confirmation of the effective date of this
direct final rule as the date of promulgation.

II. Direct Final Rulemaking

    In direct final rulemaking, an agency publishes a direct final rule
in the Federal Register with a statement that the rule will become
effective unless the agency receives significant adverse comment within
a specified period. The agency may publish an identical proposed rule
at the same time. If the agency receives no significant adverse comment
in response to the direct final rule, the agency typically confirms the
effective date of a direct final rule through a separate Federal
Register notice. If the agency receives a significant adverse comment,
the agency withdraws the direct final rule and treats such comment as a
response to the proposed rule. An agency uses direct final rulemaking
when it anticipates that a rule will not be controversial.
    OSHA is publishing a companion proposed rule along with this direct
final rule in the ``Proposed Rules'' section of today's Federal
Register. For purposes of this direct final rule, a significant adverse
comment is one that explains why the amendments to OSHA's underground
construction and demolition standards would be inappropriate. In
determining whether a comment necessitates withdrawal of the direct
final rule, OSHA will consider whether the comment raises an issue
serious enough to warrant a substantive response in a notice-and-
comment process. OSHA will not consider a comment recommending an
additional amendment to be a significant adverse comment unless the
comment states why the direct final rule would be ineffective without
the addition.
    The comment period for the proposed rule runs concurrently with
that of the direct final rule. OSHA will treat comments received on the
companion proposed rule as comments regarding the direct final rule.
OSHA also will consider significant adverse comment submitted to the
direct final rule as comment to the companion proposed rule. If OSHA
receives a significant adverse comment on either this direct final rule
or the proposed rule, it will publish a timely withdrawal of this
direct final rule and proceed with the companion proposed rule. In the
event OSHA withdraws the direct final rule because of significant
adverse comment, OSHA will consider all timely comments received in
response to the direct final rule when it continues with the proposed
rule. After carefully considering all comments to the direct final rule
and the proposal, OSHA will decide whether to publish a new final rule.
    OSHA determined that the subject of this rulemaking is suitable for
direct final rulemaking. Under the final rule for cranes and derricks
in construction, most construction work involving cranes and derricks
falls under new subpart CC of 29 CFR 1926, but underground construction
and demolition remain covered under the former rule (i.e., Sec.
1926.550). These amendments will result in the new subpart CC covering
all construction operations, thereby improving worker safety because
the new rule provides better protection to workers than the former
rule. Moreover, these amendments will facilitate employer compliance by
having all construction operations involving cranes and derricks
subject to a single rule rather than by having a few operations subject
to a different rule. In addition, this direct final rule corrects
inadvertent errors made to the standards for underground construction
and demolition when OSHA issued the final cranes rule. Therefore, OSHA
does not expect objections from the public to this rulemaking action.
Accordingly, the Agency believes the regulated community will welcome
this effort to harmonize the requirements regulating crane and derrick
operations in underground construction and demolition, and to remove
errors that hinder interpretation and proper application of existing
standards.

III. Discussion of Amendments

A. Background

    OSHA designed the final rule for cranes and derricks in
construction, codified at 29 CFR part 1926, subpart CC, to replace the
earlier rule

(Sec.  1926.550) for all construction work.\1\ In proposing the new
cranes and derricks rule, OSHA explained that the rule's purpose was
``to protect employees from the hazards associated with hoisting
equipment when used to perform construction activities'' (73 FR 59714).
Because OSHA developed the new rule to supplant the former rule
entirely, OSHA proposed to remove and reserve Sec.  1926.550 (73 FR
59915). When other OSHA construction standards referred to Sec.
1926.550 directly, or indirectly, as part of subpart N, OSHA proposed
to amend those provisions to refer instead to the new requirements in
subpart CC (73 FR 59914-15).
---------------------------------------------------------------------------

    \1\ OSHA published the final rule at 75 FR 47906 (Aug. 9, 2010).
---------------------------------------------------------------------------

    In the proposed rule for cranes and derricks in construction, OSHA
inadvertently did not propose to amend three provisions that referred
to subpart N and encompassed the requirements of Sec.  1926.550. These
provisions included two provisions applicable to demolition work (Sec.
1926.856(c) and Sec.  1926.858(b)), and one provision applicable to
underground construction work (Sec.  1926.800(t)). When it issued the
final rule, OSHA noted concerns about potentially inadequate notice to
the public regarding any effort to amend these provisions in the final
rule; consequently, OSHA decided not to amend these provisions in the
final rule. OSHA instead stated that it would revisit the issue later
(75 FR 47920-21).
    Having removed the requirements of Sec.  1926.550 in the final
rule, OSHA had to reestablish the substance of the demolition and
underground construction provisions in a new subpart DD in the final
rule, redesignate Sec.  1926.550 as Sec.  1926.1501 of subpart DD, and
amend the demolition and underground construction provisions that
previously referred to subpart N to refer instead to the new subpart
DD. OSHA provided in Sec.  1926.1500 of subpart DD that ``[t]his
subpart applies in lieu of Sec.  1926 subpart CC.'' However, in making
these revisions, OSHA inadvertently made changes to the demolition and
underground construction provisions that modified the meaning of these
provisions. In addition, the Code of Federal Regulations eliminated all
of the subparagraphs of Sec.  1926.800(t), except for the introductory
paragraph, because of a technical error in the draft regulatory
language.
    This direct final rule, therefore, will accomplish two goals.
First, it will bring all crane and derrick use in construction work
under new subpart CC. Second, it will correct the errors in the final
rule that substantively altered the demolition and underground
construction provisions, and replace subparagraphs Sec.  1926.800(t)(1)
through (4). Below, OSHA describes the amendments to the demolition and
underground construction standards that OSHA made in the final rule for
cranes and derricks in construction (including inadvertent errors), as
well as the revisions and corrections to these standards made by OSHA
under this direct final rule.

B. Demolition Work

    Before OSHA issued the final rule for cranes and derricks in
construction, Sec.  1926.856(c) stated, ``Mechanical equipment used
shall meet the requirements specified in subparts N and O of this
part,'' and Sec.  1926.858(b) read, ``Cranes, derricks, and other
hoisting equipment used shall meet the requirements specified in
subpart N of this part.'' In the final rule for cranes and derricks in
construction, OSHA established a new subpart DD, redesignated the prior
cranes and derricks rule (Sec.  1926.550) as Sec.  1926.1501 of subpart
DD, and amended Sec.  1926.856(c) to require compliance with the new
subpart DD, in addition to the remaining requirements of subparts N and
O. OSHA also amended Sec.  1926.858(b) to require compliance with new
subpart DD instead of subpart N.
    It was OSHA's expressed purpose not to make substantive revisions
to the requirements of these two sections in the final rule.\2\
Nevertheless, OSHA made an inadvertent substantive change to Sec.
1926.858(b).\3\ That section originally incorporated all requirements
of subpart N for ``cranes, derricks, and other hoisting equipment,''
not just the requirements of subpart N's cranes and derricks standard
at Sec.  1926.550. However, the final rule did not reference other
requirements of subpart N that pertain to demolition work, which
include the requirements of Sec.  1926.552 (Material hoists, personnel
hoists, and elevators) and Sec.  1926.554 (Overhead hoists). As a
result, the amendment had the effect of deleting the requirement for
employers engaged in demolition work to comply with Sec. Sec.  1926.552
and 1926.554. Therefore, to cover all construction work under subpart
CC, and to correct these errors, OSHA is amending Sec. Sec.
1926.856(c) and 1926.858(b) by replacing the requirements to comply
with subpart DD with requirements to comply with subpart CC, and is
amending Sec.  1926.858(b) by reinstating the requirement to comply
with subpart N as well.
---------------------------------------------------------------------------

    \2\ OSHA explained in the preamble to the final rule that the
``redesignation of Sec.  1926.550 and the replacement of references
[to subpart N] do not alter any of the substantive requirements of
Sec. Sec.  1926.856(c) and 1926.858(b)'' (75 FR 47921).
    \3\ OSHA also inadvertently listed the heading of Sec.  1926.858
as ``Removal of walls, floors and materials with equipment'' (the
same heading as Sec.  1926.856), instead of ``Removal of steel
construction,'' but this erroneous heading did not appear in the
subsequent edition of the Code of Federal Regulations. Therefore,
OSHA finds no need to address this error in this rulemaking.
---------------------------------------------------------------------------

C. Underground Construction

    Section 1926.800(t) contains requirements for hoisting that are
unique to underground construction. Before OSHA issued the final rule
for cranes and derricks in construction, the previous version of Sec.
1926.800(t) contained an introductory paragraph that cross-referenced
other OSHA standards that apply to hoisting in underground
construction; these cross-references consisted of the requirements of
the prior cranes and derricks rule at Sec.  1926.550, including most of
Sec.  1926.550(g) (the provision of the prior rule that applied to
hoisting personnel), and requirements for material hoists, personnel
hoists, and elevators at Sec.  1926.552(a) through (d). Previous Sec.
1926.800(t) included one substantive modification to the requirements
of prior Sec.  1926.550(g)(2): employers could use cranes to hoist
employees for routine access to underground worksites via a shaft
without showing that conventional means would be more hazardous, or not
possible, for this purpose due to structural design or worksite
conditions.\4\ When it issued the underground construction rule, OSHA
included this modification because hoisting personnel for routine
access to the underground worksites via a shaft occurs under more
controlled, and less hazardous, conditions than hoisting personnel in
general (54 FR 23824, 23845). Previous Sec.  1926.800(t)(1) through (4)
contained additional requirements for hoisting unique to underground
construction. Language at the beginning of the introductory paragraph
of Sec.  1926.800(t), ``Except as modified by this paragraph (t),''
clarified that the requirements and exceptions in 1926.800(t)(1)
through (4) take precedence over the cross-referenced requirements,
including the former cranes standard under Sec.  1926.550.
---------------------------------------------------------------------------

    \4\ Prior Sec.  1926.550(g)(2) required employers to show,
before using cranes to hoist personnel to a worksite, that
conventional means would be more hazardous than cranes, or not
possible, due to structural design or worksite conditions.
---------------------------------------------------------------------------

    In the final cranes rule, OSHA redesignated the prior cranes and
derricks rule as Sec.  1926.1501 of subpart DD. It was OSHA's expressed
purpose to

preserve the existing crane requirements for underground construction
by changing references in the introductory paragraph of Sec.
1926.800(t) from Sec.  1926.550 and Sec.  1926.500(g)(2) to Sec.
1926.1501 and Sec.  1926.1501(g)(2), respectively. OSHA clarified this
purpose in the preamble to the final rule by stating that the revisions
to Sec.  1926.800(t) ``do not alter any of the substantive requirements
of Sec.  1926.800(t)'' (75 FR 47920). However, OSHA inadvertently
changed Sec.  1926.800(t) by amending the introductory paragraph to
require employers engaged in underground construction to comply only
with new Sec.  1926.1501(g) (which duplicated Sec.  1926.550(g)),
instead of preserving the former routine-access exemption by requiring
compliance with Sec.  1926.1501 in its entirety, and modifying the
requirements of Sec.  1926.1501(g)(2) (which duplicated former Sec.
1926.550(g)(2)).\5\ Additionally, OSHA inadvertently moved the language
``Except as modified by paragraph (t)'' to the beginning of the second
sentence of the introductory paragraph so that it no longer applied to
the cross-referenced Sec.  1926.1501 requirements, but instead only
applied to the cross-referenced requirements in Sec.  1926.552(a)
through (d). Finally, although OSHA did not plan to alter any of the
(then remaining) requirements and exemptions of Sec.  1926.800(t)(1)
through (4), but only to amend the introductory paragraph, a technical
error in the instructions to the Federal Register resulted in the
deletion of subparagraphs Sec.  1926.800(t)(1) through (4). The
deletion was not mentioned in the preamble to the final cranes rule.
---------------------------------------------------------------------------

    \5\ OSHA stated in the final rule that it was including the
reference to Sec.  1926.1501(g) to avoid any potential notice
problem that may arise if OSHA substituted a reference to subpart CC
in place of the prior reference to Sec.  1926.550(g) (75 FR 47920).
---------------------------------------------------------------------------

    As amended by the final cranes rule, Sec.  1926.800(t) presents
four problems. First, the prior version of Sec.  1926.800(t)
incorporated all of Sec.  1926.550, not just Sec.  1926.550(g).
However, the amended version of Sec.  1926.800(t) refers only to Sec.
1926.1501(g), the successor to Sec.  1926.550(g). Therefore, as now
written, Sec.  1926.800(t) does not explicitly require employers to
comply with either the final cranes rule or the prior rule at Sec.
1926.550, except for Sec.  1926.1501(g), the prior rule's provision on
hoisting personnel. Second, the exception from Sec.  1926.550(g)(2),
specified in the former version of Sec.  1926.800(t), provided that
employers could use cranes to hoist personnel for routine access to
underground worksites via a shaft without showing that other means of
access are more hazardous or impossible. OSHA did not include this
exception in the new version of Sec.  1926.800(t). This inadvertent
error places an additional and unnecessary burden on employers that use
cranes for this purpose. Third, moving the text ``Except as modified by
paragraph (t)'' to the beginning of the second sentence of the
introductory paragraph of Sec.  1926.800(t) results in ambiguity as to
the relationship between incorporated crane requirements and the
provisions in Sec.  1926.800(t)(1) through (4). Finally, the
inadvertent elimination of Sec.  1926.800(t)(1) through (4) from the
Code of Federal Regulations resulted in eliminating requirements that
OSHA adopted in a 1989 rulemaking (54 FR 23843) to ensure that
employees engaged in underground construction receive adequate
protection from hazards unique to hoisting in this setting.
    In this direct final rule, OSHA is amending Sec.  1926.800(t) to
extend subpart CC to underground construction, and to resolve the
technical errors set forth in this section. OSHA is amending the
introductory paragraph of Sec.  1926.800(t) to restore the provision
allowing employers to use cranes to hoist personnel for routine access
to the underground worksites via a shaft without the need to show that
conventional means of access are more hazardous or impossible for this
purpose. This amendment excepts routine access of employees to an
underground worksite via a shaft from the requirements of Sec.
1926.1431(a). The requirements of Sec.  1926.1431(a) are virtually
identical to the requirements of Sec.  1926.550(g)(2). In addition,
OSHA is amending Sec.  1926.800(t) by restoring the clause ``Except as
modified by this paragraph (t)'' to the beginning of the introductory
paragraph, and restoring Sec.  1926.800(t)(1) through (4). OSHA is also
revising the language in the introductory paragraph for clarity, and is
correcting three minor grammatical errors that appeared in the text of
paragraphs Sec.  1926.800(t)(3)(vi), (t)(4)(iii), and (t)(4)(iv), as
previously published in the Code of Federal Regulations.

D. Rationale for Extending Subpart CC to Demolition and Underground
Construction

    The revisions made by this direct final rule will enable OSHA to
cover all cranes and derricks used in construction under subpart CC.
These revisions implement the original purpose of the rule and will
benefit both employees and employers. These revisions will ensure that
the significant benefits of subpart CC, which include saving 22 lives
per year and preventing 175 non-fatal injuries per year compared to
prior Sec.  1926.550 (75 FR 48079), extend to demolition and
underground construction. Accordingly, applying subpart CC to
demolition and underground construction will ensure that construction
workers in those sectors receive the same safety protections from new
subpart CC as other construction workers.
    The revisions also will benefit construction contractors that
engage in underground construction or demolition work, in addition to
other types of construction work, because these contractors will now be
subject to a single standard rather than having some of their
activities covered under subpart CC and other work covered by subpart
DD. This action will avoid the confusion that would result if new
subpart CC covers part of a project and revised Sec.  1926.800(t)
covers another part of the project. For example, in a cut-and-cover
tunneling project, the underground construction standard applies only
after covering the excavation in such a manner as to establish
conditions characteristic of underground construction. 29 CFR
1926.800(a). Therefore, under the current requirements, subpart CC
would apply to the work while the excavation is open, but after
covering the excavation, subpart DD would apply, thereby resulting in
the same crane or derrick being subject to different standards during
different phases of the project. Finally, this action will facilitate
employer compliance because demolition and underground construction
contractors will no longer be subject to the outdated requirements in
prior Sec.  1926.550, which relied heavily on pre-1970 consensus
standards.

IV. Agency Determinations

A. Final Economic Analysis and Final Regulatory Flexibility Analysis

    When it issued the final cranes rule, OSHA prepared a final
economic analysis (FEA) as required by the Occupational Safety and
Health Act of 1970 (OSH Act; 29 U.S.C. 651 et seq.) and Executive Order
12866 (58 FR 51735). OSHA also published a Final Regulatory Flexibility
Analysis (FRFA) as required by the Regulatory Flexibility Act (5 U.S.C.
601-612). OSHA's approach to estimating costs and economic impacts in
these analyses began by estimating, for all construction sectors, the
total number of cranes and whether they were owned and rented;

owned without rental; or leased. As a result, both analyses covered all
cranes engaged in construction activities, including cranes engaged in
underground construction and cranes engaged in construction work
involving demolition. The FEA for the final cranes standard, which
included all cranes, crane operations, and industry sectors subject to
this direct final rule, found that the requirements of the rule were
technologically and economically feasible.
    Because the FEA drew these conclusions from calculations
encompassing all of the underground construction and demolition crane
operations covered by this direct final rule, the conclusions in the
earlier FEA are valid for this direct final rule. The reference to the
FEA for the final cranes rule, therefore, establishes that this direct
final rule is technologically and economically feasible, addresses
significant risks, and reduces those risks significantly. The FEA,
which OMB reviewed, meets the requirements of Executive Orders 12866
and Executive Order 13563 with respect to the operations covered by
this direct final rule; OSHA included these operations in the FEA for
the final cranes standard. Therefore, OSHA believes that that this
direct final rule also complies with Executive Orders 12866 and
Executive Order 13563.
    To determine if this direct final rule has annual costs of greater
than $100 million, or would have a significant economic impact on a
substantial number of small firms, OSHA examined the sectors most
affected by this direct final rule. This direct final rule affects two
construction sectors: NAICS 237990 (Other Heavy and Civil Engineering
Construction), which includes all establishments engaged in underground
construction, and NAICS 238910 (Site Preparation Contractors), which
includes all establishments engaged in demolition. This analysis,
therefore, reviews the results for these two sectors reported in the
final crane standard's FEA, which the Federal Register published on
August 9, 2010.
    That FEA simply considered all cranes and crane operations in these
sectors, and did not analyze separately those operations involving
underground construction or demolitions because OSHA planned to apply
subpart CC to these operations. OSHA will report here the results for
these entire sectors, which will inevitably involve greater costs and
impacts than for the activities addressed in this direct final rule
because both sectors have many cranes and crane jobs that do not
involve underground construction or demolition activities. Table B-9 of
the FEA showed that NAICS 237990, which includes all crane operations
involved in underground construction operations, had annualized
compliance costs of $1,903,569 for firms that own and rent cranes,
$205,532 for firms that own, but do not rent cranes, and $1,151,759 for
firms that lease cranes, for total annualized costs of $3,260,860 (75
FR 48102-48105). Table B-9 also showed that NAICS 238910, which
contains all crane operations involving demolitions, had annualized
compliance costs of $1,232,974 for firms that own and rent cranes,
$292,601 for firms that own, but do not rent cranes, and $1,626,463 for
firms that lease cranes, for total annualized compliance costs of
$3,152,038. The total annualized compliance costs for both sectors are
$6,412,898. Because these two NAICS sectors include operations not
involved in underground construction or demolition, the total estimated
annualized compliance costs of $6,412,898 for these two sectors will be
greater than the actual costs of this direct final rule. Based on these
costs, OSHA concludes that this direct final rule is not a significant
rule under either E.O. 12866 or the Unfunded Mandates Act.
    With respect to technological feasibility, the earlier FEA, which
included consideration of both underground construction and demolition
operations, noted:

    In accordance with the OSH Act, OSHA is required to demonstrate
that occupational safety and health standards promulgated by the
Agency are technologically feasible. Accordingly, OSHA reviewed the
requirements that would be imposed by the final regulation, and
assessed their technological feasibility. As a result of this
review, OSHA has determined that compliance with the requirements of
the final standard is technologically feasible for all affected
industries. The standard would require employers to perform crane
inspections, utilize qualified or certified crane operators, address
ground conditions, maintain safe distances from power lines using
the encroachment prevention precautions, and to fulfill other
obligations under the standard. Compliance with all of these
requirements can be achieved with readily and widely available
technologies. Some businesses in the affected industries already
implement the requirements of the standard to varying degrees (some
states have requirements), as noted during the SBREFA Panel. OSHA
believes that there are no technological constraints in complying
with any of the proposed requirements, and received no comments that
suggested that these standards were technologically infeasible.

(75 FR 48095).
    In Table B-12 of the FEA for the final cranes rule, OSHA examined
the costs as a percentage of revenues and as a percentage of profits in
these two sectors. This table shows that, for both sectors, the
greatest potential impacts were on establishments that own and rent
cranes with operators. This table showed that for NAICS 237990, which
includes all underground construction operations, costs were 0.18
percent (less than 1 percent) of revenues and 3.54 percent of profits.
This table also showed that for NAICS 238910, including all demolition
operations involving cranes, costs were 0.18 percent of revenues and
4.05 percent of profits. (Table B-12 and the FEA as a whole provide the
full calculations and derivations.) The FEA from the final cranes
standard stated:

    The Agency concludes that the final standard is economically
feasible for the affected industries. As described above, a standard
is economically feasible if there is a reasonable likelihood that
the estimated costs of compliance ``will not threaten the existence
or competitive structure of an industry, even if it does portend
disaster for some marginal firms.'' United Steelworkers of America
v. Marshall, 647 F.2d 1189, 1272 (D.C. Cir. 1980). The potential
impacts on employer costs associated with achieving compliance with
the final standard fall well within the bounds of economic
feasibility in each industry sector. Costs of 0.2 percent of
revenues and 4 percent of profits will not threaten the existence of
the construction industry, affected general industry sectors, or the
use of cranes in affected industry sectors. OSHA does not expect
compliance with the requirements of the final standard to threaten
the viability of employers or the competitive structure of any of
the affected industry sectors. When viewed in the larger context of
the construction sector, an increase in costs of $148.2 million a
year is effectively negligible, and will have no noticeable effect
on the demand for construction services. Even when viewed as an
increase in the costs of using cranes, an increase in the cost of
rentals services of 0.2 percent will not cause the construction
industry to forego the use of cranes and, thus, put crane leasing
firms out of business.

(75 FR 48112). Because the earlier FEA drew this conclusion with
respect to costs that included the costs of this direct final rule, as
well as other costs that made the impacts greater than those of this
direct final rule, OSHA concludes that the FEA for the cranes and
derricks final rule demonstrates that this direct final rule is
economically feasible.
    Tables B-14 and B-15 of the FEA for the cranes and derricks final
rule examined the costs as a percentage of revenues and as a percentage
of profits in these two sectors for small firms as defined by SBA, and
very small entities

with less than 20 employees, respectively. Because so many firms owning
cranes are small, there is no appreciable difference between the
impacts on small and very small firms versus the impacts for all firms
already discussed. Comparison of the two tables shows that, for NAICS
237990, the impacts for very small firms were equal to or greater than
those for small firms. Table B-15 shows that, for NAICS 237990, costs
were 0.18 percent of revenues and 3.54 per cent of profits. This table
also shows that, for NAICS 238910, including all demolition operations
involving cranes, there were no very small entities that owned and
rented cranes, with the result that the greatest impacts are for small
entities that own and rent crane where costs are 0.18 percent of
revenues and 4.05 percent of profits.
    In its regulatory flexibility analysis, OSHA generally defines a
significant economic impact on small entities as one with costs in
excess of one percent of revenues or five percent of profits. The
possible costs of this direct final rule clearly are well below these
thresholds. OSHA, therefore, certifies that this direct final rule will
not have a significant economic impact on a substantial number of small
entities.

B. Paperwork Reduction Act of 1995

    When OSHA issued the final rule on August 9, 2010, it submitted an
Information Collection Request (ICR) to the Office of Management and
Budget (OMB) titled Cranes and Derricks in Construction (29 CFR Part
1926, Subpart CC). This ICR \6\ covered all establishments in the
construction industry, including all of the establishments in NAICS
237990 and NAICS 238910. On November 1, 2010, OMB approved the ICR
under OMB control number 1218-0261, with an expiration date of November
30, 2013. Subsequently, in December 2010, OSHA discontinued the Cranes
and Derricks Standard for Construction (29 CFR 1926.550) ICR (OMB
Control Number 1218-0113) because the new ICR superseded the existing
ICR. In addition, OSHA retitled the new ICR to Cranes and Derricks in
Construction (29 CFR Part 1926, Subpart CC and Subpart DD).\7\
---------------------------------------------------------------------------

    \6\ The ICR is part of Exhibit 0425 in the docket for the final
rule on cranes and derricks in construction (OSHA-2007-0066). It is
available at www.regulations.gov and at www.reginfo.gov (OMB Control
Number 1218-0261).
    \7\ The request and OMB approval for discontinuing the previous
Cranes and Derricks in Construction ICR (OMB Control Number 1218-
0113) and the retitling of the ICR are available at www.reginfo.gov.
---------------------------------------------------------------------------

    This direct final rule requires no additional collection of
information.\8\ OMB's approval of OSHA's ICR under Control Number 1218-
0261 already covers all collections of information required by this
direct final rule, and OSHA does not believe it is necessary to submit
a new ICR to OMB seeking to collect additional information under this
direct final rule.
---------------------------------------------------------------------------

    \8\ Although the final rule for cranes and derricks in
construction did not require employers covered by subpart DD to meet
the information-exchange requirements of subpart CC, OSHA did not
subtract these employers from its analysis of the burden and costs
for these requirements in the paperwork analysis for subpart CC.
Therefore, this approach inflated the burden and costs estimates of
the ICR approved by OMB for subpart CC; however, the burden and
costs estimates are accurate now that OSHA is applying subpart CC to
underground construction and demolition work.
---------------------------------------------------------------------------

    Interested parties who comment on OSHA's determination that this
proposal contains no additional paperwork requirements must send their
written comments to the Office of Management and Budget, Attn: OMB Desk
Officer for OSHA, Room 10235, 726 Jackson Place NW., Washington, DC
20503. OSHA also encourages commenters to submit their comments on this
paperwork determination to it, along with their other comments on the
direct final rule.
    OSHA notes that a Federal agency cannot conduct or sponsor a
collection of information unless OMB approves it under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.), and the agency displays
a currently valid OMB control number. The public need not respond to a
collection of information requirement unless the agency displays a
currently valid OMB control number, and, notwithstanding any other
provision of law, no person shall be subject to a penalty for failing
to comply with a collection of information requirement if the
requirement does not display a currently valid OMB control number.

C. Federalism

    OSHA reviewed this direct final rule in accordance with the
Executive Order on Federalism (Executive Order 13132, 64 FR 43255,
August 10, 1999), which requires that Federal agencies, to the extent
possible, refrain from limiting state policy options, consult with
states prior to taking any actions that would restrict state policy
options, and take such actions only when clear constitutional authority
exists and the problem is national in scope. Executive Order 13132
provides for preemption of state law only with the expressed consent of
Congress. Federal agencies must limit any such preemption to the extent
possible.
    Under Section 18 of the OSH Act, Congress expressly provides that
states may adopt, with Federal approval, a plan for the development and
enforcement of occupational safety and health standards. States that
obtain Federal approval for such a plan are referred to as ``State Plan
States.'' Occupational safety and health standards developed by State
Plan States must be at least as effective in providing safe and
healthful employment and places of employment as the Federal standards.
29 U.S.C. 667. Subject to these requirements, State Plan States are
free to develop and enforce under state law their own requirements for
safety and health standards.
    OSHA previously concluded from its analysis that promulgation of
subpart CC complies with Executive Order 13132. 75 FR 48128-29. That
analysis applies to the extension of subpart CC to establishments
engaged in demolition work and underground construction; therefore,
this direct final rule complies with Executive Order 13132. In states
without an OSHA-approved State Plan, any standard developed from this
direct final rule would limit state policy options in the same manner
as every standard promulgated by OSHA. In states with OSHA-approved
State Plans, this rulemaking does not significantly limit state policy
options.

D. State Plan States

    When Federal OSHA promulgates a new standard or more stringent
amendment to an existing standard, State Plan States must amend their
standards to reflect the new standard or amendment, or show OSHA why
such action is unnecessary, e.g., because an existing state standard
covering this area is ``at least as effective'' as the new Federal
standard or amendment. 29 CFR 1953.5(a). The state standard must be at
least as effective as the final Federal rule. State Plan States must
adopt the Federal standard or complete their own standard within six
months of the promulgation date of the final Federal rule. When OSHA
promulgates a new standard or amendment that does not impose additional
or more stringent requirements than an existing standard, State Plan
States are not required to amend their standards, although OSHA may
encourage them to do so. The 27 states and U.S. territories with OSHA-
approved occupational safety and health plans are: Alaska, Arizona,
California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan,
Minnesota, Nevada, New Mexico, North Carolina,

Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont,
Virginia, Washington, and Wyoming; Connecticut, Illinois, New Jersey,
New York, and the Virgin Islands have OSHA-approved State Plans that
apply to state and local government employees only.
    The amendments in this direct final rule will result in more
stringent requirements for cranes and derricks used in demolition and
underground construction work. Therefore, when OSHA promulgates a new
final rule, states and territories with approved State Plans must adopt
comparable amendments to their standards for cranes and derricks used
in demolition and underground construction within six months of OSHA's
promulgation of the final rule (i.e., the date OSHA publishes
confirmation of the effective date) unless they demonstrate that such a
change is not necessary because their existing standards are already
the same, or at least as effective, as OSHA's new final rule.

E. Unfunded Mandates Reform Act

    When OSHA issued the final rule for cranes and derricks in
construction, it reviewed the rule according to the Unfunded Mandates
Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et seq. (58 FR 58093)), and
Executive Order 12875 (75 FR 48130). OSHA concluded that the final rule
did not meet the definition of a ``Federal intergovernmental mandate''
under the UMRA because OSHA standards do not apply to state or local
governments except in states that have voluntarily adopted State Plans.
OSHA further noted that the rule imposed costs of over $100 million per
year on the private sector and, therefore, required review under the
UMRA for those costs, but that its final economic analysis met that
requirement.
    As discussed above in Section IV.A (Final Economic Analysis and
Final Regulatory Flexibility Analysis) of this preamble, this direct
final rule does not impose any costs on private-sector employers beyond
those costs already taken into account in the final rule for cranes and
derricks in construction. Because OSHA reviewed the total costs of this
final rule under the UMRA, no further review of those costs is
necessary. Therefore, for the purposes of the UMRA, OSHA certifies that
this direct final rule does not mandate that state, local, or tribal
governments adopt new, unfunded regulatory obligations, or increase
expenditures by the private sector of more than $100 million in any
year.

F. Consultation and Coordination With Indian Tribal Governments

    OSHA reviewed this direct final rule in accordance with Executive
Order 13175 (65 FR 67249) and determined that it does not have ``tribal
implications'' as defined in that order. The final rule does not have
substantial direct effects on one or more Indian tribes, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes.

G. Legal Considerations

    The purpose of the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.) is ``to assure so far as possible every working man
and woman in the nation safe and healthful working conditions and to
preserve our human resources.'' 29 U.S.C. 651(b). To achieve this goal,
Congress authorized the Secretary of Labor to promulgate and enforce
occupational safety and health standards. 29 U.S.C. 654(b), 655(b). A
safety or health standard is a standard ``which requires conditions, or
the adoption or use of one or more practices, means, methods,
operations, or processes, reasonably necessary or appropriate to
provide safe or healthful employment or places of employment.'' 29
U.S.C. 652(8). A standard is reasonably necessary or appropriate within
the meaning of Section 652(8) when a significant risk of material harm
exists in the workplace and the standard would substantially reduce or
eliminate that workplace risk. See Industrial Union Department, AFL-CIO
v. American Petroleum Institute, 448 U.S. 607 (1980). In the cranes and
derricks final rule, OSHA made such a determination with respect to the
use of cranes and derricks in construction at the same time that it
noted that the Agency would apply subpart CC to the activities
addressed in this direct final rule (75 FR 47913, 47920-21).
    This direct final rule will not reduce the employee protections put
into place by the standard OSHA is updating under this rulemaking.
Instead, this rulemaking likely will enhance employee safety by
ensuring that the construction workers involved in demolition and
underground construction receive the same safety protections from
recently published subpart CC as other construction workers. The
revisions also will benefit construction contractors that engage in
underground construction or demolition work in addition to other types
of construction work, because these contractors will now be subject to
a single standard rather than having some of their construction work
under subpart CC, and other work covered by existing subpart DD. This
action, therefore, will clarify employer obligations by avoiding the
confusion that would result if subpart CC covers part of a project and
existing subpart DD covers another part of the project. Accordingly, it
is unnecessary to make a separate determination of significant risk, or
the extent to which this rule would reduce that risk, as typically
required by the Industrial Union Department.

List of Subjects in 29 CFR Part 1926

    Construction industry, Demolition, Occupational safety and health,
Safety, Underground construction.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC 20210, authorized the preparation
of this notice. OSHA is issuing this direct final rule under the
following authorities: 29 U.S.C. 653, 655, 657; 40 U.S.C. 3701 et seq.;
5 U.S.C. 553; Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan.
25, 2012); and 29 CFR part 1911.

    Signed at Washington, DC, on August 8, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to Standards

    For the reasons stated in the preamble of this direct final rule,
OSHA is amending 29 CFR part 1926 as follows:

PART 1926--[AMENDED]

Subpart S--Underground Construction, Caissons, Cofferdams, and
Compressed Air

0
1. Revise the authority citation for subpart S of 29 CFR part 1926 to
read as follows:

    Authority: 40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; and
Secretary of Labor's Orders 12-71 (36 FR 8754), 8-76 (41 FR 25059),
9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 5-2007 (72
FR 31159), or 1-2012 (77 FR 3912), as applicable.

0
2. Amend Sec.  1926.800 by revising paragraph (t) to read as follows:

Sec.  1926.800  Underground construction.

* * * * *
    (t) Hoisting unique to underground construction. Except as modified
by this paragraph (t), employers must: Comply with the requirements of
subpart CC of

this part, except that the limitation in Sec.  1926.1431(a) does not
apply to the routine access of employees to an underground worksite via
a shaft; ensure that material hoists comply with Sec.  1926.552(a) and
(b) of this part; and ensure that personnel hoists comply with the
personnel-hoists requirements of Sec.  1926.552(a) and (c) of this part
and the elevator requirements of Sec.  1926.552(a) and (d) of this
part.
    (1) General requirements for cranes and hoists. (i) Materials,
tools, and supplies being raised or lowered, whether within a cage or
otherwise, shall be secured or stacked in a manner to prevent the load
from shifting, snagging or falling into the shaft.
    (ii) A warning light suitably located to warn employees at the
shaft bottom and subsurface shaft entrances shall flash whenever a load
is above the shaft bottom or subsurface entrances, or the load is being
moved in the shaft. This paragraph does not apply to fully enclosed
hoistways.
    (iii) Whenever a hoistway is not fully enclosed and employees are
at the shaft bottom, conveyances or equipment shall be stopped at least
15 feet (4.57 m) above the bottom of the shaft and held there until the
signalman at the bottom of the shaft directs the operator to continue
lowering the load, except that the load may be lowered without stopping
if the load or conveyance is within full view of a bottom signalman who
is in constant voice communication with the operator.
    (iv)(A) Before maintenance, repairs, or other work is commenced in
the shaft served by a cage, skip, or bucket, the operator and other
employees in the area shall be informed and given suitable
instructions.
    (B) A sign warning that work is being done in the shaft shall be
installed at the shaft collar, at the operator's station, and at each
underground landing.
    (v) Any connection between the hoisting rope and the cage or skip
shall be compatible with the type of wire rope used for hoisting.
    (vi) Spin-type connections, where used, shall be maintained in a
clean condition and protected from foreign matter that could affect
their operation.
    (vii) Cage, skip, and load connections to the hoist rope shall be
made so that the force of the hoist pull, vibration, misalignment,
release of lift force, or impact will not disengage the connection.
Moused or latched open-throat hooks do not meet this requirement.
    (viii) When using wire rope wedge sockets, means shall be provided
to prevent wedge escapement and to ensure that the wedge is properly
seated.
    (2) Additional requirements for cranes. Cranes shall be equipped
with a limit switch to prevent overtravel at the boom tip. Limit
switches are to be used only to limit travel of loads when operational
controls malfunction and shall not be used as a substitute for other
operational controls.
    (3) Additional requirements for hoists. (i) Hoists shall be
designed so that the load hoist drum is powered in both directions of
rotation, and so that brakes are automatically applied upon power
release or failure.
    (ii) Control levers shall be of the ``deadman type'' which return
automatically to their center (neutral) position upon release.
    (iii) When a hoist is used for both personnel hoisting and material
hoisting, load and speed ratings for personnel and for materials shall
be assigned to the equipment.
    (iv) Material hoisting may be performed at speeds higher than the
rated speed for personnel hoisting if the hoist and components have
been designed for such higher speeds and if shaft conditions permit.
    (v) Employees shall not ride on top of any cage, skip or bucket
except when necessary to perform inspection or maintenance of the
hoisting system, in which case they shall be protected by a body belt/
harness system to prevent falling.
    (vi) Personnel and materials (other than small tools and supplies
secured in a manner that will not create a hazard to employees) shall
not be hoisted together in the same conveyance. However, if the
operator is protected from the shifting of materials, then the operator
may ride with materials in cages or skips which are designed to be
controlled by an operator within the cage or skip.
    (vii) Line speed shall not exceed the design limitations of the
systems.
    (viii) Hoists shall be equipped with landing level indicators at
the operator's station. Marking the hoist rope does not satisfy this
requirement.
    (ix) Whenever glazing is used in the hoist house, it shall be
safety glass, or its equivalent, and be free of distortions and
obstructions.
    (x) A fire extinguisher that is rated at least 2A:10B:C (multi-
purpose, dry chemical) shall be mounted in each hoist house.
    (xi) Hoist controls shall be arranged so that the operator can
perform all operating cycle functions and reach the emergency power
cutoff without having to reach beyond the operator's normal operating
position.
    (xii) Hoists shall be equipped with limit switches to prevent
overtravel at the top and bottom of the hoistway.
    (xiii) Limit switches are to be used only to limit travel of loads
when operational controls malfunction and shall not be used as a
substitute for other operational controls.
    (xiv) Hoist operators shall be provided with a closed-circuit voice
communication system to each landing station, with speaker microphones
so located that the operator can communicate with individual landing
stations during hoist use.
    (xv) When sinking shafts 75 feet (22.86 m) or less in depth, cages,
skips, and buckets that may swing, bump, or snag against shaft sides or
other structural protrusions shall be guided by fenders, rails, ropes,
or a combination of those means.
    (xvi) When sinking shafts more than 75 feet (22.86 m) in depth, all
cages, skips, and buckets shall be rope or rail guided to within a rail
length from the sinking operation.
    (xvii) Cages, skips, and buckets in all completed shafts, or in all
shafts being used as completed shafts, shall be rope or rail-guided for
the full length of their travel.
    (xviii) Wire rope used in load lines of material hoists shall be
capable of supporting, without failure, at least five times the maximum
intended load or the factor recommended by the rope manufacturer,
whichever is greater. Refer to Sec.  1926.552(c)(14)(iii) of this part
for design factors for wire rope used in personnel hoists. The design
factor shall be calculated by dividing the breaking strength of wire
rope, as reported in the manufacturer's rating tables, by the total
static load, including the weight of the wire rope in the shaft when
fully extended.
    (xix) A competent person shall visually check all hoisting
machinery, equipment, anchorages, and hoisting rope at the beginning of
each shift and during hoist use, as necessary.
    (xx) Each safety device shall be checked by a competent person at
least weekly during hoist use to ensure suitable operation and safe
condition.
    (xxi) In order to ensure suitable operation and safe condition of
all functions and safety devices, each hoist assembly shall be
inspected and load-tested to 100 percent of its rated capacity: at the
time of installation; after any repairs or alterations affecting its
structural integrity; after the operation of any safety device; and
annually when in use. The employer shall prepare a certification record
which includes the date each inspection and load-test was performed;
the signature of the person

who performed the inspection and test; and a serial number or other
identifier for the hoist that was inspected and tested. The most recent
certification record shall be maintained on file until completion of
the project.
    (xxii) Before hoisting personnel or material, the operator shall
perform a test run of any cage or skip whenever it has been out of
service for one complete shift, and whenever the assembly or components
have been repaired or adjusted.
    (xxiii) Unsafe conditions shall be corrected before using the
equipment.
    (4) Additional requirements for personnel hoists. (i) Hoist drum
systems shall be equipped with at least two means of stopping the load,
each of which shall be capable of stopping and holding 150 percent of
the hoist's rated line pull. A broken-rope safety, safety catch, or
arrestment device is not a permissible means of stopping under this
paragraph.
    (ii) The operator shall remain within sight and sound of the
signals at the operator's station.
    (iii) All sides of personnel cages shall be enclosed by one-half
inch (12.70 mm) wire mesh (not less than No. 14 gauge or equivalent) to
a height of not less than 6 feet (1.83 m). However, when the cage or
skip is being used as a work platform, its sides may be reduced in
height to 42 inches (1.07 m) when the conveyance is not in motion.
    (iv) All personnel cages shall be provided with a positive locking
door that does not open outward.
    (v) All personnel cages shall be provided with a protective canopy.
The canopy shall be made of steel plate, at least 3/16-inch (4.763 mm)
in thickness, or material of equivalent strength and impact resistance.
The canopy shall be sloped to the outside, and so designed that a
section may be readily pushed upward to afford emergency egress. The
canopy shall cover the top in such a manner as to protect those inside
from objects falling in the shaft.
    (vi) Personnel platforms operating on guide rails or guide ropes
shall be equipped with broken-rope safety devices, safety catches or
arrestment devices that will stop and hold 150 percent of the weight of
the personnel platform and its maximum rated load.
    (vii) During sinking operations in shafts where guides and safeties
are not yet used, the travel speed of the personnel platform shall not
exceed 200 feet (60.96 m) per minute. Governor controls set for 200
feet (60.96 m) per minute shall be installed in the control system and
shall be used during personnel hoisting.
    (viii) The personnel platform may travel over the controlled length
of the hoistway at rated speeds up to 600 feet (182.88 m) per minute
during sinking operations in shafts where guides and safeties are used.
    (ix) The personnel platform may travel at rated speeds greater than
600 feet (182.88 m) per minute in completed shafts.
* * * * *

Subpart T--Demolition.

0
3. Revise the authority citation for subpart T of 29 CFR part 1926 to
read as follows:

    Authority: 40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; and
Secretary of Labor's Orders 12-71 (36 FR 8754), 8-76 (41 FR 25059),
9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 5-2007 (72
FR 31159), or 1-2012 (77 FR 3912), as applicable.

0
4. Amend Sec.  1926.856 by revising paragraph (c) to read as follows:

Sec.  1926.856  Removal of walls, floors, and material with equipment.

* * * * *
    (c) Cranes, derricks, and other mechanical equipment used must meet
the requirements specified in subparts N, O, and CC of this part.

0
5. Amend Sec.  1926.858 by revising paragraph (b) to read as follows:

Sec.  1926.858  Removal of steel construction.

* * * * *
    (b) Cranes, derricks, and other hoisting equipment used must meet
the requirements specified in subparts N and CC of this part.
* * * * *

Subpart DD--[Removed]

0
6. Remove subpart DD.

[FR Doc. 2012-20171 Filed 8-16-12; 8:45 am]
BILLING CODE 4510-26-P