Proposed Revocation of Permanent Variances Granted for Chimney Construction, 5462-5466 [2014-02015]
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Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Notices
conducts a preclearance consultation
program to provide the public with an
opportunity to comment on proposed
and continuing information collection
requirements in accord with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3506(c)(2)(A)). This program
ensures that information is in the
desired format, reporting burden (time
and costs) is minimal, collection
instruments are clearly understood, and
OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
1970 (the OSH Act) (29 U.S.C. 651 et
seq.) authorizes information collection
by employers as necessary or
appropriate for enforcement of the OSH
Act or for developing information
regarding the causes and prevention of
occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act
also requires that OSHA obtain such
information with minimum burden
upon employers, especially those
operating small businesses, and to
reduce to the maximum extent feasible
unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
The warning signs/barriers required
by paragraph 1926.701(c)(2) reduce
exposure of non-essential workers to the
hazards of post-tensioning operations,
principally a failed rope or wire striking
a worker and causing serious injury.
The requirements to lockout and tag
ejection systems and other hazardous
equipment (e.g., compressors, mixers,
screens or pumps used for concrete and
masonry construction) specified by
paragraphs 1926.702(a)(2), (j)(1), and
(j)(2) warn equipment operators not to
activate their equipment if another
worker enters the equipment to perform
a task (e.g., cleaning, inspecting,
maintaining, repairing), thereby
preventing injury or death.
Construction contractors and workers
use the drawings, plans, and designs
required by paragraph 1926.703(a)(2) to
provide specific instructions on how to
construct, erect, brace, maintain, and
remove shores and formwork if they
pour concrete at the job site. Paragraph
1926.705(b) requires employers to mark
the rated capacity of jacks and lifting
units. This requirement prevents
overloading and subsequent collapse of
jacks and lifting units, as well as their
loads, thereby sparing exposed workers
from serious injury or death.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
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Agency’s functions, including whether
the information is useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirements,
including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply; for
example, by using automated or other
technological information collection
and transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend
its approval of the information
collection requirements specified in the
Concrete and Masonry Construction
Standard. The Agency is requesting an
adjustment increase of 1,168 burden
hours (from 11,603 to 12,771 burden
hours). The increase is a result of an
increase in the number of construction
worksites from 725,199 to 798,199.
Type of Review: Extension of a
currently approved collection.
Title: Concrete and Masonry
Construction Standard (29 CFR part
1926, subpart Q).
OMB Control Number: 1218–0095.
Affected Public: Business or other forprofits.
Number of Respondents: 798,160.
Frequency of Responses: On occasion.
Total Responses: 159,632.
Average Time per Response: Five
minutes (.08 hour) to post or place
warning signs, locks, or tags.
Estimated Total Burden Hours:
12,771.
Estimated Cost (Operation and
Maintenance): $0.
IV. Public Participation—Submission of
Comments on this Notice and Internet
Access to Comments and Submissions
You may submit comments in
response to this document as follows:
(1) Electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by
facsimile (fax); or (3) by hard copy. All
comments, attachments, and other
material must identify the Agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2010–0040).
You may supplement electronic
submissions by uploading document
files electronically. If you wish to mail
additional materials in reference to an
electronic or facsimile submission, you
must submit them to the OSHA Docket
Office (see the section of this notice
titled ADDRESSES). The additional
materials must clearly identify your
electronic comments by your name,
date, and the docket number so the
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Agency can attach them to your
comments.
Because of security procedures, the
use of regular mail may cause a
significant delay in the receipt of
comments. For information about
security procedures concerning the
delivery of materials by hand, express
delivery, messenger, or courier service,
please contact the OSHA Docket Office
at (202) 693–2350, (TTY (877) 889–
5627).
Comments and submissions are
posted without change at https://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and date of birth.
Although all submissions are listed in
the https://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download from this Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the https://
www.regulations.gov Web site to submit
comments and access the docket is
available at the Web site’s ‘‘User Tips’’
link.
Contact the OSHA Docket Office for
information about materials not
available from the Web site and for
assistance in using the Internet to locate
docket submissions.
V. Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health,
directed the preparation of this notice.
The authority for this notice is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of
Labor’s Order No. 1–2012 (77 FR 3912).
Signed at Washington, DC, on January 28,
2014.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2014–02016 Filed 1–30–14; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2013–0025]
Proposed Revocation of Permanent
Variances Granted for Chimney
Construction
Occupational Safety and Health
Administration (OSHA), Labor.
AGENCY:
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Notice proposing to revoke
permanent variances and requesting
comment.
ACTION:
In this notice, the
Occupational Safety and Health
Administration (‘‘OSHA’’ or the
‘‘Agency’’) is proposing to revoke
permanent variances that it granted
between 1973 and 2010 to 24 companies
engaged in chimney construction
(hereafter, ‘‘previous variances’’). The
previous variances provided the
companies with an alternative means of
complying with provisions of OSHA
standards regulating boatswains’ chairs,
personnel platforms, and hoist towers.
On October 2, 2013, OSHA published a
Federal Register notice (78 FR 60900) in
which it updated the previous variances
with a single, permanent variance (‘‘the
uniform variance’’). The 2013 Federal
Register notice granted the uniform
variance to a number of the companies
that held previous variances.
OSHA determined that, compared to
the previous variances, the uniform
variance: (1) provides more consistency
across the conditions specified by the
variance, thereby expediting OSHA’s
enforcement of the conditions; (2)
allows employers to use updated
technology and industry practices; and
(3) increases worker safety. Therefore,
OSHA is proposing to revoke the
previous variances and to invite
employers not covered by the uniform
variance to submit applications for an
equivalent variance.
DATES: Parties affected by this proposed
action must submit comments and
requests for a hearing (postmarked, sent,
or received) by March 3, 2014.
ADDRESSES: Electronic. Submit
comments and requests for a hearing
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments, and clearly indicate the
docket number in the submission
(OSHA–2013–0025).
Facsimile. OSHA allows facsimile
transmission of comments that are 10
pages or fewer in length (including
attachments), as well as hearing
requests. Send these comments and
requests to the OSHA Docket Office at
(202) 693–1648; OSHA does not require
hard copies of comments or hearing
requests.
Instead of transmitting facsimile
copies of attachments that supplement
their comments (e.g., studies and
journal articles), commenters may
submit these attachments to the OSHA
Docket Office, Technical Data Center,
Room N–2625, OSHA, U.S. Department
of Labor, 200 Constitution Ave. NW.,
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SUMMARY:
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Washington, DC 20210. These
attachments must clearly identify the
sender’s name, date, subject, and docket
number (i.e., OSHA–2013–0025) so that
the Agency can attach them to the
appropriate comments.
Regular mail, express delivery, hand
delivery, and messenger (courier)
service. Submit comments and any
additional material (e.g., studies and
journal articles), as well as hearing
requests, to the OSHA Docket Office,
Docket No. OSHA–2013–0025,
Technical Data Center, Room N–2625,
OSHA, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC
20210; telephone: (202) 693–2350
(OSHA’s TTY number is (877) 889–
5627). Contact the OSHA Docket Office
for information about security
procedures concerning the delivery of
materials by express delivery, hand
delivery, and messenger service. The
hours of operation for the OSHA Docket
Office and Department of Labor are 8:15
a.m. to 4:45 p.m., e.t.
Instructions. All submissions must
include the Agency name and the OSHA
docket number (i.e., OSHA Docket No.
OSHA–2013–0025). OSHA will place
comments and other material, including
any personal information, in the public
docket without revision, and these
comments and material will be available
online at https://www.regulations.gov.
Therefore, the Agency 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 https://www.regulations.gov
or to the OSHA Docket Office at the
address above. The electronic docket for
this proposed revocation established at
https://www.regulations.gov lists most of
the documents in the docket; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through this Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Contact the OSHA Docket Office for
assistance in locating docket
submissions.
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;
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telephone: (202) 693–1999; email:
Meilinger.francis2@dol.gov.
General and technical information:
Contact 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/otpca/nrtl/).
Copies of the Federal Register
notice: Electronic copies of this Federal
Register notice are available at https://
www.regulations.gov. This Federal
Register notice, as well as other relevant
information, also is available on OSHA’s
Web page at https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. Previous Chimney-Related
Construction Variances
From 1973 to through 2010, the
Agency granted permanent variances to
a number of chimney-related
construction companies from the
provisions of the OSHA standards that
regulate boatswains’ chairs, personnel
platforms, and hoist towers, 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 Several of these early
variances (hereafter, ‘‘the previous
variances’’) limited the scope of the
variances only to chimneys constructed
using jump-form construction
techniques and procedures (see, for
example, 38 FR 8545 granted April 3,
1973, and 71 FR 10557 granted March
1, 2006), while more recently granted
chimney-construction variances, limited
the scope of the variances to the
construction of tapered chimneys using
jump-form construction techniques and
procedures (see, for example, 75 FR
22424; April 28, 2010). In addition, the
conditions specified in the previous
variances became somewhat
inconsistent over time, and none of
these variances kept pace with updated
construction methods used by, and
technological advances taking place in,
the chimney-construction industry.
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).
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B. Grant of the Uniform ChimneyConstruction Variance
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In the period from November 2012
through January 2013, 15 employers
involved in chimney construction
submitted applications for a new
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)’’). 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 employers to transport
employees and construction tools and
materials to and from elevated worksites
located inside and outside these
structures.
As in the past, the employers sought
a permanent variance from paragraph
(o)(3) of 29 CFR 1926.452, which
regulates the tackle used to rig a
boatswain’s chair, as well as paragraphs
(c)(1) through (c)(4), (c)(8), (c)(13),
(c)(14)(i), and (c)(16) of 29 CFR
1926.552, which regulate personnel
platforms and hoist towers. OSHA
consolidated these variance applications
into a single application and published
the uniform variance application, along
with a request for public comment, in
the Federal Register on March 21, 2013
(78 FR 17432). On October 2, 2013, the
Agency granted the permanent variance
(hereafter, ‘‘the uniform variance’’) in a
notice published in the Federal Register
(78 FR 60900). The scope of the uniform
variance included both chimneys and
chimney-related structures (such as
silos and towers), as well as jump-form
and slip-form construction 2 techniques
and procedures, regardless of structural
configuration. Additionally, the uniform
variance added or revised conditions
that improved worker safety, including:
Condition 3 (Definitions), which defines
29 key terms used in the variance,
usually technical terms, for the purpose
of standardizing and clarifying the
meaning of these terms; Condition 5
(Hoist Machines), which updates the
requirements for the design and use of
hoist machines based on guidance
provided by American National
Standards Institute (ANSI) A10.22–
2007; and Condition 6 (Methods of
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.
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Operation), which expands and clarifies
the training requirements for both the
operators of the hoist machine and the
employees who ride in the cage (this
condition adopted several provisions of
ANSI A10.22–2007). (See the table and
preamble in 78 FR 60900, 60904–60910,
for an extensive description of the
differences between the uniform
variance and a previous variance
published in 2010.)
In view of the Agency’s history with
the variances granted for chimneyrelated construction, OSHA determined
that it should replace the previously
granted variances (1973 through 2010)
with the recently published uniform
variance. In doing so, OSHA believes
that the uniform variance, compared to
the outdated previous variances: (1)
Provides more consistency across the
conditions specified by the variance,
thereby expediting OSHA’s enforcement
of the conditions; (2) allows employers
to use updated technology and industry
practices; and (3) increases worker
safety.
In developing the uniform variance,
OSHA sent a letter on December 21,
2012, to all employers holding previous
chimney-construction variances (see Ex.
OSHA–2013–0025–0001 for a sample
letter). The letter informed them of the
process of developing a uniform
variance, and of OSHA’s plan to revoke
all previous chimney-construction
variances once OSHA published the
uniform variance. In response to this
letter, 15 chimney-construction
employers holding previous variances
applied for the new uniform variance.
have standards identical to the Federal
OSHA standards. These states are:
Alaska, Arizona, Hawaii, Indiana, Iowa,
Kentucky, Maryland, Minnesota,
Nevada, New Mexico, North Carolina,
Oregon, Puerto Rico, South Carolina,
Tennessee, Vermont, Virginia, and
Wyoming. Accordingly, the revocation
action proposed in this notice would
apply to the previous variances granted
in the 18 states that have standards
identical to the Federal OSHA
standards.
The State-Plan programs operated by
Hawaii, Iowa, Kentucky, and South
Carolina either declined to accept the
terms of previous variances or stated
that affected employers must apply to
the state program for a state variance
prior to initiating chimney construction.
Because these State-Plan programs
elected to exercise control over the
variances, this proposed revocation
action would not apply to any chimneyconstruction variances granted under
these State-Plan programs.
State-Plan programs operated by four
states (California, Michigan, Utah, and
Washington) have requirements in their
construction standards for the tackle
used to rig a boatswain’s chair,
personnel platforms, and hoist towers
that differ from the requirements
specified by the Federal OSHA
standards. In these cases, only the StatePlan program has authority to issue
variances from these requirements.
Therefore, the proposed revocation
action described herein would not apply
to any variances issued by these states
involving these requirements.
II. Multi-State Variances
III. Supplementary Information
Twenty-seven states have safety and
health plans approved by OSHA under
Section 18 of the Occupational Safety
and Health (OSH) Act (29 U.S.C. 667)
and 29 CFR part 1952 (‘‘Approved State
Plans for Enforcement of State
Standards’’).3 Of these states, 18 states
The following table provides
information about the previous
variances granted by OSHA between
1973 and 2010 for chimney
construction, and which are subject to
the proposed revocation action
described in this notice.4 Refer to the
Federal Register citation in the table to
obtain detailed information about these
previous variances.
3 State-Plan programs operated by four states and
one territory (Connecticut, Illinois, New Jersey,
New York, and the Virgin Islands) limit their
occupational safety and health authority to publicsector (i.e., state and local government) employers
only. Federal OSHA retains authority over privatesector employers in these states and territory;
therefore, private-sector employers in these states
and territory are subject to the previous variances
granted by Federal OSHA, and to the revocation
action proposed herein. Twenty-one states and one
territory operate State-Plan programs that exercise
occupational safety and health authority over both
public-sector employers and private-sector
employers; these states and territory are: Alaska,
Arizona, California, Hawaii, Indiana, Iowa,
Kentucky, Maryland, Michigan, Minnesota, Nevada,
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New Mexico, North Carolina, Oregon, Puerto Rico,
South Carolina, Tennessee, Utah, Vermont,
Virginia, Washington, and Wyoming. The
application of this proposed revocation action to
these State-Plan programs would vary depending on
several factors described later in this section.
4 As noted above, the previous variances
addressed the requirements of paragraph (o)(3) of 29
CFR 1926.452, which regulates the tackle used to
rig a boatswain’s chair, and paragraphs (c)(1)
through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16)
of 29 CFR 1926.552, which regulate personnel
platforms and hoist towers.
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TABLE 1—PREVIOUS CHIMNEY VARIANCES
FEDERAL
REGISTER citation
Applied for
uniform variance?
08/31/79
04/28/10
O3/01/06
44 FR 51350
75 FR 22424
71 FR 10557
No
Yes
Yes
OSHA–2007–0046
V–04–1
V–73–13
V–77–12; V–77–6
OSHA–2007–004
V–73–13
07/17/09
03/01/06
04/03/73
08/31/79
08/18/09
04/03/73
74
71
38
44
74
38
FR
FR
FR
FR
FR
FR
34789
10557
8545
51352
41742
8545
No
Yes
No
No
Yes
Yes
OSHA–2007–004
V–04–2
V–04–2
OSHA–2007–004
OSHA–2007–0046
V–04–2
V–02–1
V–02–1
V–77–12; V–77–6
08/18/09
12/06/05
12/06/05
08/18/09
07/17/09
12/06/05
09/08/03
09/08/03
08/31/79
74
70
70
74
74
70
68
68
44
FR
FR
FR
FR
FR
FR
FR
FR
FR
41742
72659
72659
41742
34789
72659
52961
52961
51352
Yes
Yes
Yes
Yes
No
Yes
Yes
No
No
V–73–13
04/03/73
38 FR 8545
Yes
V–04–1
V–73–13
OSHA–2007–0046
OSHA–2007–0046
OSHA–2007–0046
03/01/06
04/03/73
07/17/09
07/17/09
07/17/09
71
38
74
74
74
Yes
No
Yes
Yes
No
Name of employer
(company)
Variance or Docket No.
Date
granted
Airtek-Karrena Chimney Corporation .................................................................
Avalotis Corporation ...........................................................................................
Bowen Engineering Corporation (merged with Mid-Atlantic Boiler and Chimney, Inc., formerly Alberici-Mid Atlantic, LLC)*.
Calaveras Power Partners, Inc. ..........................................................................
Commonwealth Dynamics, Inc. ..........................................................................
Continental-Heine Chimney Company, Inc. .......................................................
Francis Hankin and Company, Inc. ....................................................................
Gibraltar Chimney International, LLC .................................................................
Hamon Custodis (formerly Custodis Construction Co. Inc., then Custodis
Cuttrell, Inc.)*.
Hoffman, Inc. ......................................................................................................
International Chimney Corporation .....................................................................
Karrena-International, LLC .................................................................................
Kiewit Power Constructors Co.*** ......................................................................
Matrix Service, Inc. .............................................................................................
Matrix SME, Inc. (formerly Matrix Service Industrial Contractors, Inc.)* ...........
NAES Power Contractors (formerly American Boiler & Chimney Company)* ...
Oak Park Chimney Corporation .........................................................................
PDM Steel Service Centers (formerly Pittsburgh-Des Moines Steel Company)*.
Pullman Power, LLC (formerly M. W. Kellogg Co., then Pullman Power Products Corporation)*.
R and P Industrial Chimney Co., Inc. .................................................................
Rust Constructors, Inc. (formerly Rust Engineering Company)* .......................
T. E. Ibberson Company ....................................................................................
TIC-The Industrial Company ..............................................................................
Zachry Construction Corporation ........................................................................
V–79–3
OSHA–2009–005
V–04–1
FR
FR
FR
FR
FR
10557
8545
34789
34789
34789
*The first name is the current name of the company; names in parentheses are, first, the name listed on the original variance, followed by any
subsequent names.
**Includes a subsequent interim order granted 03/26/07.
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IV. Proposed Revocation of Previous
Variances
Based on its review of the record and
the findings described in this Federal
Register notice, OSHA determined that
the conditions specified in the uniform
variance published on October 2, 2013
(78 FR 60900) provide consistent and
technologically sound measures
designed to replace and supersede the
previous chimney-construction
variances granted by OSHA prior to
2010. Accordingly, OSHA finds that the
uniform variance, compared to the
previous variances: (1) Provides more
consistency across the conditions
specified by the variance, thereby
expediting OSHA’s enforcement of the
conditions; (2) allows employers to use
updated technology and industry
practices; and (3) increases worker
safety. Therefore, under the authority
granted by 29 CFR 1905.13(a)(2), OSHA
is proposing to revoke the previous
chimney-construction variances.
Consequently, employers involved in
chimney construction would either have
to comply with the requirements of
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 or, if granted a uniform
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variance, comply with the conditions of
that variance. OSHA granted the
uniform variance to the following 15
employers:
• Avalotis Corp; 400 Jones Street,
Verona, PA 15147
• Bowen Engineering Corporation
(merged with Mid-Atlantic Boiler &
Chimney, Inc., (formerly Alberici MidAtlantic, LLC)), 8802 N. Meridian St.
Indianapolis, IN 46260
• Commonwealth Dynamics, Inc., 95
Court Street, Portsmouth, NH 03801
• Gibraltar Chimney International,
LLC, 92 Cooper Ave. Tonawanda, NY
14150
• Hamon Custodis, Inc. (formerly
Custodis Construction Co., Inc., then
Custodis Cuttrell, Inc.), 58 East Main
Street, Somerville, NJ 08876
• Hoffmann, Inc., 6001 49th Street
South, Muscatine, IA 52761
• International Chimney Corporation,
55 South Long Street, Williamsville, NY
14221
• Karrena International Chimney, 57
South Long Street, Williamsville, NY
14221
• Kiewit Power Constructors Co.,
9401 Renner Blvd., Lenexa, KS 66219
• Matrix SME, Inc. (formerly Matrix
Service Industrial Contractors, Inc.),
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
1510 Chester Pike, Suite 500,
Eddystone, PA 19022
• NAES Power Contractors (formerly
American Boiler and Chimney
Company), 167 Anderson Rd., Cranberry
Township, PA 16066
• Pullman Power, LLC (formerly M.
W. Kellogg Co., then Pullman Power
Products Corporation), 6501 E.
Commerce Avenue, Suite 200, Kansas
City, MO 64120
• R and P Industrial Chimney Co.,
Inc., 244 Industrial Parkway,
Nicholasville, KY 40356
• T. E. Ibberson Company, 828 5th St.
South, Hopkins, MN 55343
• TIC-The Industrial Company, 9780
Mt. Pyramid Ct., Suite 100, Englewood,
CO 80112
Eight employers hold previous
variances and did not apply for the
uniform variance. These employers are:
• Airtek-Karrena Chimney
Corporation, 1776 Heritage Drive,
Quincy, MA 02171
• Calaveras Power Partners, Inc., P. O.
Box 241769, San Antonio, TX 78224
• Continental-Heine Chimney
Company, Inc., 127 North Dearborne
Street, Chicago, IL 60602
• Francis Hankin and Company, Inc.,
117 Crockford Boulevard, Scarborough,
Ontario, Canada, MIR 3B9
E:\FR\FM\31JAN1.SGM
31JAN1
5466
Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Notices
• Matrix Service, Inc., 3810
Bakerview Spur, Bellingham, WA 98226
• Oak Park Chimney Corporation,
1800 Des Plaines Avenue, Forest Park,
IL 60130
• PDM Steel Service Centers
(formerly Pittsburgh-Des Moines Steel
Company) 3535 East Myrtle Street,
Stockton, CA 95205
• Rust Constructors, Inc. (formerly
Rust Engineering Co.), 2 Perimeter Park
South, Suite 300W, Birmingham, AL
35243
• Zachry Construction Corporation,
527 Logwood, San Antonio TX 78221
Under the proposed revocation action,
these employers would have to comply
with the requirements of 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 when engaged in chimney
construction. OSHA would invite these
employers, and any other employers
seeking an alternative means of
complying with these provisions, to
submit applications for a variance
containing conditions that are
equivalent to the conditions specified
by the uniform variance.
V. 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, authorized
the preparation of this notice. OSHA is
issuing this notice under the authority
specified by 29 U.S.C. 655, Secretary of
Labor’s Order No. 1–2012 (76 FR 3912;
Jan. 25, 2012), and 29 CFR part 1905.
Signed at Washington, DC, on January 28,
2014.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2014–02015 Filed 1–30–14; 8:45 am]
BILLING CODE 4510–26–P
NATIONAL CREDIT UNION
ADMINISTRATION
Agency Information Collection
Activities: Submission to OMB for
Reinstatement, with Change, of a
Previously Approved Collection;
Comment Request
National Credit Union
Administration (NCUA).
ACTION: Request for comment.
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
The NCUA intends to submit
the following information collection to
the Office of Management and Budget
(OMB) for review and clearance under
the Paperwork Reduction Act of 1995
SUMMARY:
VerDate Mar<15>2010
22:34 Jan 30, 2014
Jkt 232001
(Pub. L. 104–13, 44 U.S.C. Chapter 35).
This information collection is published
to obtain comments from the public.
Financial and statistical information is
collected on a monthly basis and is used
by NCUA to monitor financial and
statistical trends in corporate credit
unions and to allocate examination and
supervision resources.
DATES: Comments will be accepted until
April 1, 2014.
ADDRESSES: Interested parties are
invited to submit written comments to
the NCUA Contact and the OMB
Reviewer listed below:
NCUA Contact: Tracy Crews, National
Credit Union Administration, 1775
Duke Street, Alexandria, VA 22314–
3428, Fax No. 703–837–2861, Email:
OCIOPRA@ncua.gov.
OMB Reviewer: Office of Management
and Budget, ATTN: Desk Officer for the
National Credit Union Administration,
Office of Information and Regulatory
Affairs, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information, a
copy of the information collection
request, or a copy of submitted
comments should be directed to Tracy
Crews at the National Credit Union
Administration, 1775 Duke Street,
Alexandria, VA 22314–3428, or at (703)
518–6444.
SUPPLEMENTARY INFORMATION:
ways we could enhance the quality,
utility, and clarity of the information to
be collected; and (d) ways we could
minimize the burden of the collection of
the information on the respondents such
as through the use of automated
collection techniques or other forms of
information technology. It is NCUA’s
policy to make all comments available
to the public for review.
I. Abstract and request for comments
NCUA is amending/reinstating the
collection for 3133–0067. The Federal
Credit Union Act, 12 U.S.C. 1782(a)(1),
requires federally insured credit unions
to make reports of condition to the
NCUA Board upon dates the Board
selects. NCUA collects the financial and
statistical information on a monthly
basis and uses it to monitor financial
and statistical trends in corporate credit
unions and to allocate examination and
supervision resources. If this
information was not collected, NCUA
would not be able to effectively fulfill
its primary mission of regulating and
supervising credit unions. The burden
on the industry continues to decline as
a result of mergers of corporate credit
unions.
NCUA requests that you send your
comments on this collection to the
location listed in the ADDRESSES section.
Your comments should address: (a) the
necessity of the information collection
for the proper performance of NCUA,
including whether the information will
have practical utility; (b) the accuracy of
our estimate of the burden (hours and
cost) of the collection of information,
including the validity of the
methodology and assumptions used; (c)
By the National Credit Union
Administration Board on January 17, 2014.
Gerard Poliquin,
Secretary of the Board.
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
II. Data
Title: Corporate Credit Union Monthly
Call Report.
OMB Number: 3133–0067.
Form Number: NCUA 5310.
Type of Review: Reinstatement, with
change, of a previously approved
collection.
Description: NCUA utilizes the
information to monitor financial
conditions in corporate credit unions,
and to allocate supervision and
examination resources.
Respondents: Corporate credit unions,
or ‘‘banker’s banks’’ for natural person
credit unions.
Estimated No. of Respondents/Record
keepers: 15.
Estimated Burden Hours Per
Response: 8 hours.
Frequency of Response: Monthly.
Estimated Total Annual Burden
Hours: 1,440 hours.
Estimated Total Annual Cost:
$72,000.
[FR Doc. 2014–01909 Filed 1–30–14; 8:45 am]
BILLING CODE 7535–01–P
NATIONAL LABOR RELATIONS
BOARD
Sunshine Act Meetings: February 2014
All meetings are held at
2:00 p.m.
Tuesday, February 4;
Wednesday, February 5;
Thursday, February 6;
Tuesday, February 11;
Wednesday, February 12;
Thursday, February 13;
Tuesday, February 18;
Wednesday, February 19;
Thursday, February 20.
PLACE: Board Agenda Room, No. 11820,
1099 14th St., NW., Washington, DC
20570
STATUS: Closed.
MATTERS TO BE CONSIDERED: Pursuant to
§ 102.139(a) of the Board’s Rules and
Regulations, the Board or a panel
TIME AND DATES:
E:\FR\FM\31JAN1.SGM
31JAN1
]]>Agencies
[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Notices]
[Pages 5462-5466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02015]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2013-0025]
Proposed Revocation of Permanent Variances Granted for Chimney
Construction
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
[[Page 5463]]
ACTION: Notice proposing to revoke permanent variances and requesting
comment.
-----------------------------------------------------------------------
SUMMARY: In this notice, the Occupational Safety and Health
Administration (``OSHA'' or the ``Agency'') is proposing to revoke
permanent variances that it granted between 1973 and 2010 to 24
companies engaged in chimney construction (hereafter, ``previous
variances''). The previous variances provided the companies with an
alternative means of complying with provisions of OSHA standards
regulating boatswains' chairs, personnel platforms, and hoist towers.
On October 2, 2013, OSHA published a Federal Register notice (78 FR
60900) in which it updated the previous variances with a single,
permanent variance (``the uniform variance''). The 2013 Federal
Register notice granted the uniform variance to a number of the
companies that held previous variances.
OSHA determined that, compared to the previous variances, the
uniform variance: (1) provides more consistency across the conditions
specified by the variance, thereby expediting OSHA's enforcement of the
conditions; (2) allows employers to use updated technology and industry
practices; and (3) increases worker safety. Therefore, OSHA is
proposing to revoke the previous variances and to invite employers not
covered by the uniform variance to submit applications for an
equivalent variance.
DATES: Parties affected by this proposed action must submit comments
and requests for a hearing (postmarked, sent, or received) by March 3,
2014.
ADDRESSES: Electronic. Submit comments and requests for a hearing
electronically at https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments, and clearly indicate the docket number in the submission
(OSHA-2013-0025).
Facsimile. OSHA allows facsimile transmission of comments that are
10 pages or fewer in length (including attachments), as well as hearing
requests. Send these comments and requests to the OSHA Docket Office at
(202) 693-1648; OSHA does not require hard copies of comments or
hearing requests.
Instead of transmitting facsimile copies of attachments that
supplement their comments (e.g., studies and journal articles),
commenters may 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, date, subject, and docket number
(i.e., OSHA-2013-0025) so that the Agency can attach them to the
appropriate comments.
Regular mail, express delivery, hand delivery, and messenger
(courier) service. Submit comments and any additional material (e.g.,
studies and journal articles), as well as hearing requests, to the OSHA
Docket Office, Docket No. OSHA-2013-0025, Technical Data Center, Room
N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave. NW.,
Washington, DC 20210; telephone: (202) 693-2350 (OSHA's TTY number is
(877) 889-5627). Contact the OSHA Docket Office for information about
security procedures concerning the delivery of materials by express
delivery, hand delivery, and messenger service. The hours of operation
for the OSHA Docket Office and Department of Labor are 8:15 a.m. to
4:45 p.m., e.t.
Instructions. All submissions must include the Agency name and the
OSHA docket number (i.e., OSHA Docket No. OSHA-2013-0025). OSHA will
place comments and other material, including any personal information,
in the public docket without revision, and these comments and material
will be available online at https://www.regulations.gov. Therefore, the
Agency 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 https://www.regulations.gov or to the OSHA Docket Office
at the address above. The electronic docket for this proposed
revocation established at https://www.regulations.gov lists most of the
documents in the docket; however, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office. Contact
the OSHA Docket Office for assistance in locating docket submissions.
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 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/otpca/nrtl/).
Copies of the Federal Register notice: Electronic copies of this
Federal Register notice are available at https://www.regulations.gov.
This Federal Register notice, as well as other relevant information,
also is available on OSHA's Web page at https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. Previous Chimney-Related Construction Variances
From 1973 to through 2010, the Agency granted permanent variances
to a number of chimney-related construction companies from the
provisions of the OSHA standards that regulate boatswains' chairs,
personnel platforms, and hoist towers, 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\ Several of
these early variances (hereafter, ``the previous variances'') limited
the scope of the variances only to chimneys constructed using jump-form
construction techniques and procedures (see, for example, 38 FR 8545
granted April 3, 1973, and 71 FR 10557 granted March 1, 2006), while
more recently granted chimney-construction variances, limited the scope
of the variances to the construction of tapered chimneys using jump-
form construction techniques and procedures (see, for example, 75 FR
22424; April 28, 2010). In addition, the conditions specified in the
previous variances became somewhat inconsistent over time, and none of
these variances kept pace with updated construction methods used by,
and technological advances taking place in, the chimney-construction
industry.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
[[Page 5464]]
B. Grant of the Uniform Chimney-Construction Variance
In the period from November 2012 through January 2013, 15 employers
involved in chimney construction submitted applications for a new
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)''). 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 employers to transport
employees and construction tools and materials to and from elevated
worksites located inside and outside these structures.
As in the past, the employers sought a permanent variance from
paragraph (o)(3) of 29 CFR 1926.452, which regulates the tackle used to
rig a boatswain's chair, as well as paragraphs (c)(1) through (c)(4),
(c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552, which
regulate personnel platforms and hoist towers. OSHA consolidated these
variance applications into a single application and published the
uniform variance application, along with a request for public comment,
in the Federal Register on March 21, 2013 (78 FR 17432). On October 2,
2013, the Agency granted the permanent variance (hereafter, ``the
uniform variance'') in a notice published in the Federal Register (78
FR 60900). The scope of the uniform variance included both chimneys and
chimney-related structures (such as silos and towers), as well as jump-
form and slip-form construction \2\ techniques and procedures,
regardless of structural configuration. Additionally, the uniform
variance added or revised conditions that improved worker safety,
including: Condition 3 (Definitions), which defines 29 key terms used
in the variance, usually technical terms, for the purpose of
standardizing and clarifying the meaning of these terms; Condition 5
(Hoist Machines), which updates the requirements for the design and use
of hoist machines based on guidance provided by American National
Standards Institute (ANSI) A10.22-2007; and Condition 6 (Methods of
Operation), which expands and clarifies the training requirements for
both the operators of the hoist machine and the employees who ride in
the cage (this condition adopted several provisions of ANSI A10.22-
2007). (See the table and preamble in 78 FR 60900, 60904-60910, for an
extensive description of the differences between the uniform variance
and a previous variance published in 2010.)
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
In view of the Agency's history with the variances granted for
chimney-related construction, OSHA determined that it should replace
the previously granted variances (1973 through 2010) with the recently
published uniform variance. In doing so, OSHA believes that the uniform
variance, compared to the outdated previous variances: (1) Provides
more consistency across the conditions specified by the variance,
thereby expediting OSHA's enforcement of the conditions; (2) allows
employers to use updated technology and industry practices; and (3)
increases worker safety.
In developing the uniform variance, OSHA sent a letter on December
21, 2012, to all employers holding previous chimney-construction
variances (see Ex. OSHA-2013-0025-0001 for a sample letter). The letter
informed them of the process of developing a uniform variance, and of
OSHA's plan to revoke all previous chimney-construction variances once
OSHA published the uniform variance. In response to this letter, 15
chimney-construction employers holding previous variances applied for
the new uniform variance.
II. Multi-State Variances
Twenty-seven states have safety and health plans approved by OSHA
under Section 18 of the Occupational Safety and Health (OSH) Act (29
U.S.C. 667) and 29 CFR part 1952 (``Approved State Plans for
Enforcement of State Standards'').\3\ Of these states, 18 states have
standards identical to the Federal OSHA standards. These states are:
Alaska, Arizona, Hawaii, Indiana, Iowa, Kentucky, Maryland, Minnesota,
Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South
Carolina, Tennessee, Vermont, Virginia, and Wyoming. Accordingly, the
revocation action proposed in this notice would apply to the previous
variances granted in the 18 states that have standards identical to the
Federal OSHA standards.
---------------------------------------------------------------------------
\3\ State-Plan programs operated by four states and one
territory (Connecticut, Illinois, New Jersey, New York, and the
Virgin Islands) limit their occupational safety and health authority
to public-sector (i.e., state and local government) employers only.
Federal OSHA retains authority over private-sector employers in
these states and territory; therefore, private-sector employers in
these states and territory are subject to the previous variances
granted by Federal OSHA, and to the revocation action proposed
herein. Twenty-one states and one territory operate State-Plan
programs that exercise occupational safety and health authority over
both public-sector employers and private-sector employers; these
states and territory 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. The
application of this proposed revocation action to these State-Plan
programs would vary depending on several factors described later in
this section.
---------------------------------------------------------------------------
The State-Plan programs operated by Hawaii, Iowa, Kentucky, and
South Carolina either declined to accept the terms of previous
variances or stated that affected employers must apply to the state
program for a state variance prior to initiating chimney construction.
Because these State-Plan programs elected to exercise control over the
variances, this proposed revocation action would not apply to any
chimney-construction variances granted under these State-Plan programs.
State-Plan programs operated by four states (California, Michigan,
Utah, and Washington) have requirements in their construction standards
for the tackle used to rig a boatswain's chair, personnel platforms,
and hoist towers that differ from the requirements specified by the
Federal OSHA standards. In these cases, only the State-Plan program has
authority to issue variances from these requirements. Therefore, the
proposed revocation action described herein would not apply to any
variances issued by these states involving these requirements.
III. Supplementary Information
The following table provides information about the previous
variances granted by OSHA between 1973 and 2010 for chimney
construction, and which are subject to the proposed revocation action
described in this notice.\4\ Refer to the Federal Register citation in
the table to obtain detailed information about these previous
variances.
---------------------------------------------------------------------------
\4\ As noted above, the previous variances addressed the
requirements of paragraph (o)(3) of 29 CFR 1926.452, which regulates
the tackle used to rig a boatswain's chair, and paragraphs (c)(1)
through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR
1926.552, which regulate personnel platforms and hoist towers.
[[Page 5465]]
Table 1--Previous Chimney Variances
----------------------------------------------------------------------------------------------------------------
Variance or Date Federal Register Applied for uniform
Name of employer (company) Docket No. granted citation variance?
----------------------------------------------------------------------------------------------------------------
Airtek-Karrena Chimney Corporation V-79-3 08/31/79 44 FR 51350.......... No
Avalotis Corporation.............. OSHA-2009-005 04/28/10 75 FR 22424.......... Yes
Bowen Engineering Corporation V-04-1 O3/01/06 71 FR 10557.......... Yes
(merged with Mid-Atlantic Boiler
and Chimney, Inc., formerly
Alberici-Mid Atlantic, LLC)*.
Calaveras Power Partners, Inc..... OSHA-2007-0046 07/17/09 74 FR 34789.......... No
Commonwealth Dynamics, Inc........ V-04-1 03/01/06 71 FR 10557.......... Yes
Continental-Heine Chimney Company, V-73-13 04/03/73 38 FR 8545........... No
Inc..
Francis Hankin and Company, Inc... V-77-12; V-77-6 08/31/79 44 FR 51352.......... No
Gibraltar Chimney International, OSHA-2007-004 08/18/09 74 FR 41742.......... Yes
LLC.
Hamon Custodis (formerly Custodis V-73-13 04/03/73 38 FR 8545........... Yes
Construction Co. Inc., then
Custodis Cuttrell, Inc.)*.
Hoffman, Inc...................... OSHA-2007-004 08/18/09 74 FR 41742.......... Yes
International Chimney Corporation. V-04-2 12/06/05 70 FR 72659.......... Yes
Karrena-International, LLC........ V-04-2 12/06/05 70 FR 72659.......... Yes
Kiewit Power Constructors Co.***.. OSHA-2007-004 08/18/09 74 FR 41742.......... Yes
Matrix Service, Inc............... OSHA-2007-0046 07/17/09 74 FR 34789.......... No
Matrix SME, Inc. (formerly Matrix V-04-2 12/06/05 70 FR 72659.......... Yes
Service Industrial Contractors,
Inc.)*.
NAES Power Contractors (formerly V-02-1 09/08/03 68 FR 52961.......... Yes
American Boiler & Chimney
Company)*.
Oak Park Chimney Corporation...... V-02-1 09/08/03 68 FR 52961.......... No
PDM Steel Service Centers V-77-12; V-77-6 08/31/79 44 FR 51352.......... No
(formerly Pittsburgh-Des Moines
Steel Company)*.
Pullman Power, LLC (formerly M. W. V-73-13 04/03/73 38 FR 8545........... Yes
Kellogg Co., then Pullman Power
Products Corporation)*.
R and P Industrial Chimney Co., V-04-1 03/01/06 71 FR 10557.......... Yes
Inc..
Rust Constructors, Inc. (formerly V-73-13 04/03/73 38 FR 8545........... No
Rust Engineering Company)*.
T. E. Ibberson Company............ OSHA-2007-0046 07/17/09 74 FR 34789.......... Yes
TIC-The Industrial Company........ OSHA-2007-0046 07/17/09 74 FR 34789.......... Yes
Zachry Construction Corporation... OSHA-2007-0046 07/17/09 74 FR 34789.......... No
----------------------------------------------------------------------------------------------------------------
*The first name is the current name of the company; names in parentheses are, first, the name listed on the
original variance, followed by any subsequent names.
**Includes a subsequent interim order granted 03/26/07.
IV. Proposed Revocation of Previous Variances
Based on its review of the record and the findings described in
this Federal Register notice, OSHA determined that the conditions
specified in the uniform variance published on October 2, 2013 (78 FR
60900) provide consistent and technologically sound measures designed
to replace and supersede the previous chimney-construction variances
granted by OSHA prior to 2010. Accordingly, OSHA finds that the uniform
variance, compared to the previous variances: (1) Provides more
consistency across the conditions specified by the variance, thereby
expediting OSHA's enforcement of the conditions; (2) allows employers
to use updated technology and industry practices; and (3) increases
worker safety. Therefore, under the authority granted by 29 CFR
1905.13(a)(2), OSHA is proposing to revoke the previous chimney-
construction variances. Consequently, employers involved in chimney
construction would either have to comply with the requirements of
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 or,
if granted a uniform variance, comply with the conditions of that
variance. OSHA granted the uniform variance to the following 15
employers:
Avalotis Corp; 400 Jones Street, Verona, PA 15147
Bowen Engineering Corporation (merged with Mid-Atlantic
Boiler & Chimney, Inc., (formerly Alberici Mid-Atlantic, LLC)), 8802 N.
Meridian St. Indianapolis, IN 46260
Commonwealth Dynamics, Inc., 95 Court Street, Portsmouth,
NH 03801
Gibraltar Chimney International, LLC, 92 Cooper Ave.
Tonawanda, NY 14150
Hamon Custodis, Inc. (formerly Custodis Construction Co.,
Inc., then Custodis Cuttrell, Inc.), 58 East Main Street, Somerville,
NJ 08876
Hoffmann, Inc., 6001 49th Street South, Muscatine, IA
52761
International Chimney Corporation, 55 South Long Street,
Williamsville, NY 14221
Karrena International Chimney, 57 South Long Street,
Williamsville, NY 14221
Kiewit Power Constructors Co., 9401 Renner Blvd., Lenexa,
KS 66219
Matrix SME, Inc. (formerly Matrix Service Industrial
Contractors, Inc.), 1510 Chester Pike, Suite 500, Eddystone, PA 19022
NAES Power Contractors (formerly American Boiler and
Chimney Company), 167 Anderson Rd., Cranberry Township, PA 16066
Pullman Power, LLC (formerly M. W. Kellogg Co., then
Pullman Power Products Corporation), 6501 E. Commerce Avenue, Suite
200, Kansas City, MO 64120
R and P Industrial Chimney Co., Inc., 244 Industrial
Parkway, Nicholasville, KY 40356
T. E. Ibberson Company, 828 5th St. South, Hopkins, MN
55343
TIC-The Industrial Company, 9780 Mt. Pyramid Ct., Suite
100, Englewood, CO 80112
Eight employers hold previous variances and did not apply for the
uniform variance. These employers are:
Airtek-Karrena Chimney Corporation, 1776 Heritage Drive,
Quincy, MA 02171
Calaveras Power Partners, Inc., P. O. Box 241769, San
Antonio, TX 78224
Continental-Heine Chimney Company, Inc., 127 North
Dearborne Street, Chicago, IL 60602
Francis Hankin and Company, Inc., 117 Crockford Boulevard,
Scarborough, Ontario, Canada, MIR 3B9
[[Page 5466]]
Matrix Service, Inc., 3810 Bakerview Spur, Bellingham, WA
98226
Oak Park Chimney Corporation, 1800 Des Plaines Avenue,
Forest Park, IL 60130
PDM Steel Service Centers (formerly Pittsburgh-Des Moines
Steel Company) 3535 East Myrtle Street, Stockton, CA 95205
Rust Constructors, Inc. (formerly Rust Engineering Co.), 2
Perimeter Park South, Suite 300W, Birmingham, AL 35243
Zachry Construction Corporation, 527 Logwood, San Antonio
TX 78221
Under the proposed revocation action, these employers would have to
comply with the requirements of 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 when engaged in chimney construction. OSHA
would invite these employers, and any other employers seeking an
alternative means of complying with these provisions, to submit
applications for a variance containing conditions that are equivalent
to the conditions specified by the uniform variance.
V. 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, authorized the preparation of
this notice. OSHA is issuing this notice under the authority specified
by 29 U.S.C. 655, Secretary of Labor's Order No. 1-2012 (76 FR 3912;
Jan. 25, 2012), and 29 CFR part 1905.
Signed at Washington, DC, on January 28, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-02015 Filed 1-30-14; 8:45 am]
BILLING CODE 4510-26-P
