Modification of the Uniform Chimney Variance To Include Industrial Access, Inc., and Marietta Silos LLC, 40790-40792 [2014-16429]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 40790 Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Notices 4. ITSNA Lexington, 731 Enterprise Drive, Lexington, Kentucky 40510; 5. ITSNA San Francisco, 1365 Adams Court, Menlo Park, California 94025; 6. ITSNA Los Angeles, 25791 Commercentre Drive, Lake Forest, California 92630; 7. ITSNA Minneapolis, 7250 Hudson Boulevard, Suite 100, Oakdale, Minnesota 55128; 8. ITSNA Madison, 8431 Murphy Drive, Middleton, Wisconsin 53562; 9. ITSNA SEMKO, Box 1103, S–164 #22, Kista, Stockholm, Sweden; 10. ITSNA Chicago, 545 East Algonquin Road, Suite F, Arlington Heights, Illinois 60005; 11. ITSNA Hong Kong, 2/F., Garment Centre, 576 Castle Peak Road, Kowloon, Hong Kong; 12. ITSNA Vancouver, 1500 Brigantine Drive, Coquitlam, British Columbia, Canada V3K 7C1; 13. ITSNA Fairfield, 41 Plymouth Street, Fairfield, New Jersey 07004; and 14. ITSNA Dallas, 1809 10th Street, Suite 400, Plano, Texas 75074. OSHA evaluated ITSNA’s application for renewal and made a preliminary determination that ITSNA can continue to meet the requirements prescribed by 29 CFR 1910.7 for recognition. OSHA conducted audits of the: ITSNA Cortland site on August 25–27, 2009 and June 18–19, 2008; ITSNA Atlanta site on March 12–13, 2008; ITSNA Boxborough site on March 21–22, 2013; ITSNA San Francisco site on April 23– 24, 2012; ITSNA Hong Kong site on August 19–21, 2013; ITSNA Vancouver site on October 16–17, 2008; and ITSNA Dallas site on March 1–2, 2013. OSHA found non-conformances with the requirements of 29 CFR 1910.7. ITSNA addressed these issues sufficiently to meet the applicable NRTL requirements. Accordingly, OSHA determined that it did not need to conduct an on-site review of ITSNA’s facilities for this request for renewal based on its evaluation of ITSNA’s application and all other available information. OSHA published the preliminary notice announcing ITSNA’s renewal request in the Federal Register on February 24, 2014 (79 FR 10196). The Agency requested comments by March 11, 2014, but received no comments in response to this notice. OSHA now is proceeding with this final notice to grant ITSNA’s request for renewal of recognition. To obtain or review copies of all public documents pertaining to the ITSNA’s application, go to www.regulations.gov or contact the Docket Office, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW., VerDate Mar<15>2010 19:32 Jul 11, 2014 Jkt 232001 Room N–2625, Washington, DC 20210. Docket No. OSHA–2007–0039 contains all materials in the record concerning ITSNA’s recognition. DEPARTMENT OF LABOR II. Final Decision and Order [Docket No. OSHA–2012–0015] Pursuant to the authority granted under 29 CFR 1910.7, OSHA hereby gives notice of the renewal of recognition of ITSNA as an NRTL. OSHA NRTL Program staff reviewed the renewal request for ITSNA and other pertinent information. Based on this review of the renewal request for ITSNA and other pertinent information, OSHA finds that ITSNA meets the requirements of 29 CFR 1910.7 for renewal of its recognition, subject to the specified limitation and conditions. OSHA limits the renewal of ITSNA’s recognition to include the terms and conditions of ITSNA’s scope of recognition. The scope of recognition for ITSNA is available in the Federal Register notice dated September 13, 1989 (54 FR 37845), or on OSHA’s Web site at https://www.osha.gov/dts/otpca/ nrtl/its.html. Modification of the Uniform Chimney Variance To Include Industrial Access, Inc., and Marietta Silos LLC Conditions In addition to those conditions already required by 29 CFR 1910.7, ITSNA also must abide by the following conditions of recognition: 1. ITSNA must inform OSHA as soon as possible, in writing, of any change of ownership, facilities, or key personnel, and of any major change in its operations as an NRTL, and provide details of the change(s); 2. ITSNA must meet all the terms of its recognition and comply with all OSHA policies pertaining to this recognition; and 3. ITSNA must continue to meet the requirements for recognition, including all previously published conditions on ITSNA’s scope of recognition, in all areas for which it has recognition. III. Authority and Signature Occupational Safety and Health Administration Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. AGENCY: In this notice, OSHA announces its final decision to modify the uniform chimney variance granted to Kiewit Power Constructors Co. and other employers by adding Industrial Access, Inc., and Marietta Silos LLC (Industrial Access and Marietta Silos) to the list of employers covered by the conditions specified in that variance. DATES: This modification to the uniform chimney variance is effective on July 14, 2014. FOR FURTHER INFORMATION CONTACT: Information regarding this notice is available from the following sources: Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor, 200 Constitution Avenue NW., Room N–3647, Washington, DC 20210; telephone: (202) 693–1999; email: Meilinger.francis2@dol.gov. General and technical information: Contact Mr. David Johnson, Director, Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N–3655, Washington, DC 20210; telephone: (202) 693–2110; email: johnson.david.w@dol.gov. OSHA’s Web page includes information about the Variance Program (see https:// www.osha.gov/dts/otpca/variances/ index.html). SUMMARY: Copies of this Federal Register notice. Electronic copies of this Federal Register notice are available at https:// www.regulations.gov. This Federal Register notice, as well as news releases and other relevant information, also are available at OSHA’s Web page at https://www.osha.gov. David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, 200 Constitution Avenue NW., Washington, DC 20210, authorized the preparation of this notice. Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2), Secretary of Labor’s Order No. 1–2012 (77 FR 3912, Jan. 25, 2012), and 29 CFR 1910.7. SUPPLEMENTARY INFORMATION: Signed at Washington, DC, on July 9, 2014. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. Between 1973 and 2010, OSHA granted to a number of chimneyconstruction companies permanent variances from the provisions of the OSHA standards that regulate boatswains’ chairs and hoist towers, [FR Doc. 2014–16428 Filed 7–11–14; 8:45 am] BILLING CODE 4510–26–P PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 I. Background E:\FR\FM\14JYN1.SGM 14JYN1 Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES specifically, paragraph (o)(3) of 29 CFR 1926.452 and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552.1 On October 2, 2013, the Agency granted a permanent multi-state uniform chimney variance to 15 construction employers (Kiewit et al; 78 FR 60900). The uniform chimney variance: (1) Clarified, improved, and updated the technology and safeguards included in the conditions of the variance by citing the most recent consensus standards and best practices; (2) broadened and standardized the scope of the uniform chimney variance to apply to chimneyrelated construction, including work on chimneys, chimney linings, stacks, silos, towers, and similar structures, built using jump-form and slip-form methods of construction, regardless of the structural configuration, and that involve the use of temporary personnelhoist systems; (3) provided consistent and safe variance conditions across the employers applying for, and granted, the uniform chimney variance; and (4) superseded and replaced the chimneyrelated construction variances granted between 1973 and 2010. II. Notice of Applications On December 6, 2013, Industrial Access, Inc., and on February 7, 2014, Marietta Silos LLC, submitted their respective applications for a permanent variance under Section 6(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655) and 29 CFR 1905.11 (‘‘Variances and other relief under section 6(d)’’) (see Exhibits. OSHA–2012–0015–0023 and 0024). The applicants construct, renovate, repair, maintain, inspect, and demolish tall chimneys and similar structures made of concrete, brick, and steel. This work, which occurs throughout the United States, requires the applicants to transport employees and construction tools and materials to and from elevated worksites located inside and outside these structures. The applicants’ names and addresses are as follows: Industrial Access, Inc., 1155 McFarland 400 Drive, Alpharetta, GA 30004. Marietta Silos LLC, 2417 Waterford Road, Marietta, OH 45750. The applicants were seeking a permanent variance from 29 CFR 1926.452(o)(3), which regulates the tackle used to rig a boatswains’ chair, as 1 See 38 FR 8545 (April 3, 1973), 44 FR 51352 (August 31, 1979), 50 FR 20145 (May 14, 1985), 50 FR 40627 (October 4, 1985), 52 FR 22552 (June 12, 1987), 68 FR 52961 (September 8, 2003), 70 FR 72659 (December 6, 2005), 71 FR 10557 (March 1, 2006), 72 FR 6002 (February 8, 2007), 74 FR 34789 (July 17, 2009), 74 FR 41742 (August 18, 2009), and 75 FR 22424 (April 28, 2010). VerDate Mar<15>2010 19:25 Jul 11, 2014 Jkt 232001 well as from paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552, which regulate hoist towers. These paragraphs specify the following requirements: • (o)(3)—Requirements for the tackle used to rig a boatswains’ chair; • (c)(1)—Construction requirements for hoist towers outside a structure; • (c)(2)—Construction requirements for hoist towers inside a structure; • (c)(3)—Anchoring a hoist tower to a structure; • (c)(4)—Hoistway doors or gates; • (c)(8)—Electrically interlocking entrance doors or gates to the hoistway and cars; • (c)(13)—Emergency stop switch located in the car; • (c)(14)(i)—Using a minimum of two wire ropes for drum hoisting; and • (c)(16)—Material and component requirements for construction of personnel hoists. Instead of complying with these requirements, the applicants proposed to use the alternative conditions specified by OSHA for these requirements in the uniform chimney variance. The applicants contended that including them under the conditions of the uniform chimney variance would provide their employees with a place of employment that is at least as safe and healthful as these employees would receive under the existing provisions. As is the case with the uniform chimney variance, the places of employment affected by the variance applications are the present and future projects where the applicants construct chimneys and chimney-related structures using jump-form and slipform construction 2 techniques and procedures, regardless of structural configuration when such construction involves the use of temporary personnel hoist systems. The applicants’ projects are in states under federal authority, as well as states that have safety and health plans approved by OSHA under Section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667) and 29 CFR part 1952 (‘‘Approved State Plans for Enforcement of State Standards’’). The affected states cover private-sector employers and have standards identical to the standards that are the subject of these applications, and these states agree to the terms of the variance. (For further information, see the discussion of State-plan coverage for 2 Throughout this notice, OSHA uses the terms ‘‘jump-form construction’’ and ‘‘slip-form construction’’ instead of ‘‘jump-form formwork construction’’ and ‘‘slip-form formwork construction,’’ respectively. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 40791 the uniform chimney variance at 78 FR 60900, 60901.) The variance permits the applicants to operate temporary hoist systems in the manner prescribed by the uniform chimney variance. According to the conditions of the uniform chimney variance, the applicants can use these temporary hoist systems to raise and lower workers to and from elevated worksites. Examples of elevated worksites where temporary hoist systems can operate include: Chimneys, chimney linings, stacks, silos, and chimney-related structures such as towers and similar structures constructed using jump-form and slipform construction techniques and procedures regardless of the structural configuration of the structure (such as tapered or straight barreled of any diameter). On April 18, 2014, OSHA published a Federal Register notice (79 FR 21956) in which it announced the proposed modification of the uniform chimney variance granted to Kiewit Power Constructors Co. and other employers to include Industrial Access, Inc., and Marietta Silos LLC and requested comments. OSHA received no comments or request for a hearing on the proposed modification of the uniform chimney variance. Therefore, with this action, OSHA is modifying the uniform chimney variance to include Industrial Access, Inc., and Marietta Silos LLC. Therefore, the applicants must comply with conditions that are consistent with the conditions used by the other employers listed in the uniform chimney variance when operating temporary hoist systems in the construction of chimney-related structures. III. Specific Conditions of the Variance Applications As mentioned previously in this notice, OSHA granted a number of permanent variances since 1973 from the tackle requirements for boatswains’ chairs in 29 CFR 1926.452(o)(3) and the requirements for hoist towers specified by paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552. In view of the OSHA’s history, knowledge, and experience with the variances granted for chimneyrelated construction, OSHA finds that the variance applications submitted by Industrial Access and Marietta Silos are consistent with the uniform chimney variance previously granted to other employers in the construction industry. Therefore, OSHA determined that the alternative conditions specified by the applications protect the applicants’ workers at least as effectively as the E:\FR\FM\14JYN1.SGM 14JYN1 40792 Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Notices requirements of 29 CFR 1926.452(o)(3) and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552. IV. Final Decision and Order Pursuant to the provisions of 29 CFR 1905.13 (‘‘Modification, revocation, and renewal of rules or orders’’), on April 18, 2014, OSHA notified the public in a Federal Register notice (79 FR 21956) that Industrial Access and Marietta Silos proposed to modify the uniform chimney variance granted previously by OSHA to Kiewit Power Constructors Co. and other employers (see 78 FR 60900). Therefore, with this notice, OSHA is adding the applicants to the list of employers granted authority by the Agency to apply the conditions specified in the uniform chimney variance when operating temporary hoist systems in the construction of chimney-related structures (see 78 FR 60900). Section VI (‘‘Order’’) of the uniform chimney variance provides the alternate conditions with which Industrial Access and Marietta Silos must comply as part of OSHA’s grant of the modified uniform chimney variance. V. Authority and Signature David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, 200 Constitution Avenue NW., Washington, DC 20210, authorized the preparation of this notice. Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 655, Secretary of Labor’s Order No. 1– 2012 (77 FR 3912, Jan. 25, 2012), and 29 CFR part 1905. Signed at Washington, DC, on July 9, 2014. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2014–16429 Filed 7–11–14; 8:45 am] BILLING CODE 4510–26–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (14–052)] Notice of Information Collection National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as SUMMARY: VerDate Mar<15>2010 19:25 Jul 11, 2014 Jkt 232001 required by the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. 3506(c)(2)(A)). DATES: Consideration will be given to all comments received within 30 days from the date of this publication. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 7th Street NW., Washington, DC 20503, Attention: Desk Officer for NASA. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Ms. Frances Teel, NASA PRA Clearance Officer, NASA Headquarters, 300 E Street SW., Mail Code JF0000, Washington, DC 20546 or frances.c.teel@nasa.gov. SUPPLEMENTARY INFORMATION: I. Abstract This information collection is associated with recordkeeping and reporting activities that are necessary to ensure proper accounting of Federal funds and property provided under NASA cooperative agreements with commercial firms. II. Method of Collection Electronic funds transfer is used for payment under Treasury guidance. In addition, NASA encourages the use of computer technology and is participating in Federal efforts to extend the use of information technology to more Government processes via the Internet. Specifically, progress has been made in the area of property reporting, most of it being done electronically. III. Data Title: Cooperative Agreements with Commercial Firms. OMB Number: 2700–0092. Type of review: Reinstatement of a Previously Approved Information Collection. Affected Public: Business or other forprofit. Estimated Number of Respondents: 50. Estimated Total Annual Burden Hours: 1,218. Estimated Total Annual Cost: $40,072.00. IV. Request for Comments Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 practical utility; (2) the accuracy of NASA’s estimate of the burden (including hours and cost) of the proposed collection of information; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including automated collection techniques or the use of other forms of information technology. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record. Frances Teel, NASA PRA Clearance Officer. [FR Doc. 2014–16389 Filed 7–11–14; 8:45 am] BILLING CODE 7510–13–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (14–070)] NASA Advisory Council; Human Exploration and Operations Committee; Meeting National Aeronautics and Space Administration. ACTION: Notice of meeting. AGENCY: In accordance with the Federal Advisory Committee Act, 92, as amended, the National Aeronautics and Space Administration (NASA) announces a meeting of the Human Exploration and Operations Committee of the NASA Advisory Council (NAC). This Committee reports to the NAC. DATES: Monday, July 28, 2014, 9:30 a.m. to 5:00 p.m.; and Tuesday, July 29, 2014, 9:00 a.m. to 11:30 a.m., Local Time. SUMMARY: NASA Langley Research Center, 5 Langley Boulevard, Building 2101, Room 305, Hampton, VA 23681. FOR FURTHER INFORMATION CONTACT: Dr. Bette Siegel, Human Exploration and Operations Mission Directorate, NASA Headquarters, Washington, DC 20546, (202) 358–2245, or bette.siegel@ nasa.gov. ADDRESSES: The meeting will be open to the public up to the seating capacity of the room. This meeting is also available telephonically and by WebEx. Any interested person may call the USA toll free conference call number 1–844–467–6272 or toll number 1–720–259–6462, pass code 844408, to participate in this meeting by telephone. The WebEx link is https:// nasa.webex.com/, the meeting number SUPPLEMENTARY INFORMATION: E:\FR\FM\14JYN1.SGM 14JYN1

Agencies

[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Notices]
[Pages 40790-40792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16429]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0015]


Modification of the Uniform Chimney Variance To Include 
Industrial Access, Inc., and Marietta Silos LLC

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this notice, OSHA announces its final decision to modify 
the uniform chimney variance granted to Kiewit Power Constructors Co. 
and other employers by adding Industrial Access, Inc., and Marietta 
Silos LLC (Industrial Access and Marietta Silos) to the list of 
employers covered by the conditions specified in that variance.

DATES: This modification to the uniform chimney variance is effective 
on July 14, 2014.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, U.S. Department of Labor, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: Meilinger.francis2@dol.gov.
    General and technical information: Contact Mr. David Johnson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone: 
(202) 693-2110; email: johnson.david.w@dol.gov. OSHA's Web page 
includes information about the Variance Program (see https://www.osha.gov/dts/otpca/variances/).

SUPPLEMENTARY INFORMATION: Copies of this Federal Register notice. 
Electronic copies of this Federal Register notice are available at 
https://www.regulations.gov. This Federal Register notice, as well as 
news releases and other relevant information, also are available at 
OSHA's Web page at https://www.osha.gov.

I. Background

    Between 1973 and 2010, OSHA granted to a number of chimney-
construction companies permanent variances from the provisions of the 
OSHA standards that regulate boatswains' chairs and hoist towers,

[[Page 40791]]

specifically, paragraph (o)(3) of 29 CFR 1926.452 and paragraphs (c)(1) 
through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 
1926.552.\1\ On October 2, 2013, the Agency granted a permanent multi-
state uniform chimney variance to 15 construction employers (Kiewit et 
al; 78 FR 60900). The uniform chimney variance: (1) Clarified, 
improved, and updated the technology and safeguards included in the 
conditions of the variance by citing the most recent consensus 
standards and best practices; (2) broadened and standardized the scope 
of the uniform chimney variance to apply to chimney-related 
construction, including work on chimneys, chimney linings, stacks, 
silos, towers, and similar structures, built using jump-form and slip-
form methods of construction, regardless of the structural 
configuration, and that involve the use of temporary personnel-hoist 
systems; (3) provided consistent and safe variance conditions across 
the employers applying for, and granted, the uniform chimney variance; 
and (4) superseded and replaced the chimney-related construction 
variances granted between 1973 and 2010.
---------------------------------------------------------------------------

    \1\ See 38 FR 8545 (April 3, 1973), 44 FR 51352 (August 31, 
1979), 50 FR 20145 (May 14, 1985), 50 FR 40627 (October 4, 1985), 52 
FR 22552 (June 12, 1987), 68 FR 52961 (September 8, 2003), 70 FR 
72659 (December 6, 2005), 71 FR 10557 (March 1, 2006), 72 FR 6002 
(February 8, 2007), 74 FR 34789 (July 17, 2009), 74 FR 41742 (August 
18, 2009), and 75 FR 22424 (April 28, 2010).
---------------------------------------------------------------------------

II. Notice of Applications

    On December 6, 2013, Industrial Access, Inc., and on February 7, 
2014, Marietta Silos LLC, submitted their respective applications for a 
permanent variance under Section 6(d) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655) and 29 CFR 1905.11 (``Variances and 
other relief under section 6(d)'') (see Exhibits. OSHA-2012-0015-0023 
and 0024). The applicants construct, renovate, repair, maintain, 
inspect, and demolish tall chimneys and similar structures made of 
concrete, brick, and steel. This work, which occurs throughout the 
United States, requires the applicants to transport employees and 
construction tools and materials to and from elevated worksites located 
inside and outside these structures. The applicants' names and 
addresses are as follows:

Industrial Access, Inc., 1155 McFarland 400 Drive, Alpharetta, GA 
30004.
Marietta Silos LLC, 2417 Waterford Road, Marietta, OH 45750.

    The applicants were seeking a permanent variance from 29 CFR 
1926.452(o)(3), which regulates the tackle used to rig a boatswains' 
chair, as well as from paragraphs (c)(1) through (c)(4), (c)(8), 
(c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552, which regulate 
hoist towers. These paragraphs specify the following requirements:
     (o)(3)--Requirements for the tackle used to rig a 
boatswains' chair;
     (c)(1)--Construction requirements for hoist towers outside 
a structure;
     (c)(2)--Construction requirements for hoist towers inside 
a structure;
     (c)(3)--Anchoring a hoist tower to a structure;
     (c)(4)--Hoistway doors or gates;
     (c)(8)--Electrically interlocking entrance doors or gates 
to the hoistway and cars;
     (c)(13)--Emergency stop switch located in the car;
     (c)(14)(i)--Using a minimum of two wire ropes for drum 
hoisting; and
     (c)(16)--Material and component requirements for 
construction of personnel hoists.
    Instead of complying with these requirements, the applicants 
proposed to use the alternative conditions specified by OSHA for these 
requirements in the uniform chimney variance. The applicants contended 
that including them under the conditions of the uniform chimney 
variance would provide their employees with a place of employment that 
is at least as safe and healthful as these employees would receive 
under the existing provisions.
    As is the case with the uniform chimney variance, the places of 
employment affected by the variance applications are the present and 
future projects where the applicants construct chimneys and chimney-
related structures using jump-form and slip-form construction \2\ 
techniques and procedures, regardless of structural configuration when 
such construction involves the use of temporary personnel hoist 
systems. The applicants' projects are in states under federal 
authority, as well as states that have safety and health plans approved 
by OSHA under Section 18 of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 667) and 29 CFR part 1952 (``Approved State Plans for 
Enforcement of State Standards''). The affected states cover private-
sector employers and have standards identical to the standards that are 
the subject of these applications, and these states agree to the terms 
of the variance. (For further information, see the discussion of State-
plan coverage for the uniform chimney variance at 78 FR 60900, 60901.)
---------------------------------------------------------------------------

    \2\ Throughout this notice, OSHA uses the terms ``jump-form 
construction'' and ``slip-form construction'' instead of ``jump-form 
formwork construction'' and ``slip-form formwork construction,'' 
respectively.
---------------------------------------------------------------------------

    The variance permits the applicants to operate temporary hoist 
systems in the manner prescribed by the uniform chimney variance. 
According to the conditions of the uniform chimney variance, the 
applicants can use these temporary hoist systems to raise and lower 
workers to and from elevated worksites. Examples of elevated worksites 
where temporary hoist systems can operate include: Chimneys, chimney 
linings, stacks, silos, and chimney-related structures such as towers 
and similar structures constructed using jump-form and slip-form 
construction techniques and procedures regardless of the structural 
configuration of the structure (such as tapered or straight barreled of 
any diameter).
    On April 18, 2014, OSHA published a Federal Register notice (79 FR 
21956) in which it announced the proposed modification of the uniform 
chimney variance granted to Kiewit Power Constructors Co. and other 
employers to include Industrial Access, Inc., and Marietta Silos LLC 
and requested comments. OSHA received no comments or request for a 
hearing on the proposed modification of the uniform chimney variance. 
Therefore, with this action, OSHA is modifying the uniform chimney 
variance to include Industrial Access, Inc., and Marietta Silos LLC. 
Therefore, the applicants must comply with conditions that are 
consistent with the conditions used by the other employers listed in 
the uniform chimney variance when operating temporary hoist systems in 
the construction of chimney-related structures.

III. Specific Conditions of the Variance Applications

    As mentioned previously in this notice, OSHA granted a number of 
permanent variances since 1973 from the tackle requirements for 
boatswains' chairs in 29 CFR 1926.452(o)(3) and the requirements for 
hoist towers specified by paragraphs (c)(1) through (c)(4), (c)(8), 
(c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552. In view of the 
OSHA's history, knowledge, and experience with the variances granted 
for chimney-related construction, OSHA finds that the variance 
applications submitted by Industrial Access and Marietta Silos are 
consistent with the uniform chimney variance previously granted to 
other employers in the construction industry. Therefore, OSHA 
determined that the alternative conditions specified by the 
applications protect the applicants' workers at least as effectively as 
the

[[Page 40792]]

requirements of 29 CFR 1926.452(o)(3) and paragraphs (c)(1) through 
(c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552.

IV. Final Decision and Order

    Pursuant to the provisions of 29 CFR 1905.13 (``Modification, 
revocation, and renewal of rules or orders''), on April 18, 2014, OSHA 
notified the public in a Federal Register notice (79 FR 21956) that 
Industrial Access and Marietta Silos proposed to modify the uniform 
chimney variance granted previously by OSHA to Kiewit Power 
Constructors Co. and other employers (see 78 FR 60900). Therefore, with 
this notice, OSHA is adding the applicants to the list of employers 
granted authority by the Agency to apply the conditions specified in 
the uniform chimney variance when operating temporary hoist systems in 
the construction of chimney-related structures (see 78 FR 60900). 
Section VI (``Order'') of the uniform chimney variance provides the 
alternate conditions with which Industrial Access and Marietta Silos 
must comply as part of OSHA's grant of the modified uniform chimney 
variance.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW., 
Washington, DC 20210, authorized the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 
655, Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012), 
and 29 CFR part 1905.

    Signed at Washington, DC, on July 9, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-16429 Filed 7-11-14; 8:45 am]
BILLING CODE 4510-26-P
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