Proposed Revocation of Permanent Variances Granted for Chimney Construction, 5462-5466 [2014-02015]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES 5462 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 VerDate Mar<15>2010 17:23 Jan 30, 2014 Jkt 232001 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 http:// 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 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 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 http:// 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 http://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 http:// 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: E:\FR\FM\31JAN1.SGM 31JAN1 Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Notices 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 http:// 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., tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 22:34 Jan 30, 2014 Jkt 232001 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 http://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 http://www.regulations.gov or to the OSHA Docket Office at the address above. The electronic docket for this proposed revocation established at http://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; PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 5463 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 http:// www.osha.gov/otpca/nrtl/index.html). Copies of the Federal Register notice: Electronic copies of this Federal Register notice are available at http:// www.regulations.gov. This Federal Register notice, as well as other relevant information, also is available on OSHA’s Web page at http://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). E:\FR\FM\31JAN1.SGM 31JAN1 5464 Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Notices B. Grant of the Uniform ChimneyConstruction Variance tkelley on DSK3SPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 17:23 Jan 30, 2014 Jkt 232001 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, PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 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. E:\FR\FM\31JAN1.SGM 31JAN1 5465 Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Notices 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. tkelley on DSK3SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 17:23 Jan 30, 2014 Jkt 232001 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

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[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]


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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.

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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 http://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 http://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 http://www.regulations.gov or to the OSHA Docket Office 
at the address above. The electronic docket for this proposed 
revocation established at http://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 http://www.osha.gov/otpca/nrtl/index.html).
    Copies of the Federal Register notice: Electronic copies of this 
Federal Register notice are available at http://www.regulations.gov. 
This Federal Register notice, as well as other relevant information, 
also is available on OSHA's Web page at http://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.
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    \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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[[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.)
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    \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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    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.
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    \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.
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    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.
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    \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
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                                       Variance or         Date        Federal Register     Applied for uniform
    Name of employer  (company)         Docket No.       granted           citation              variance?
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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
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*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]
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