Cranes and Derricks in Construction: Operator Certification, 21164-21165 [2014-08512]
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21164
Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Proposed Rules
difference between the property’s
adjusted’’.
6. On page 3054, in the preamble,
second column, sixteenth line from the
top of the page, the language
‘‘1(b)(2)(iv)(f). Thus, for example,
under’’ is corrected to read
‘‘1(b)(2)(iv)(f) or § 1.704–1(b)(2)(iv)(s).
Thus, for example, under’’.
ehiers on DSK2VPTVN1PROD with PROPOSALS-1
§ 1.704–3
[Corrected]
7. On page 3055, third column, the
second sentence of paragraph (a)(3)(ii)
should read ‘‘The built-in gain is
thereafter reduced by decreases in the
difference between the property’s book
value and adjusted tax basis (other than
decreases to the property’s book value
pursuant to § 1.704–1(b)(2)(iv)(f) or
§ 1.704–1(b)(2)(iv)(s)).’’.
8. On page 3056, first column, the
fourth sentence of paragraph (a)(3)(ii)
should read ‘‘The built-in loss is
thereafter reduced by decreases in the
difference between the property’s
adjusted tax basis and book value (other
than increases to the property’s book
value pursuant to § 1.704–1(b)(2)(iv)(f)
or § 1.704–1(b)(2)(iv)(s)).’’.
9. On page 3056, first column, the first
sentence of paragraph (a)(6)(i) should
read ‘‘The principles of this section
apply with respect to property for which
differences between book value and
adjusted tax basis are created when a
partnership revalues partnership
property pursuant to § 1.704–
1(b)(2)(iv)(f) or § 1.704–1(b)(2)(iv)(s)
(reverse section 704(c) allocations).’’.
10. On page 3056, second column, the
second sentence of paragraph (f)(2)(i)
should read ‘‘Section 704(c)(1)(C)
property does not include a § 1.752–7
liability (within the meaning of § 1.752–
7(b)(3)) or property for which
differences between book value and
adjusted tax basis are created when a
partnership revalues property pursuant
to § 1.704–1(b)(2)(iv)(f) or § 1.704–
1(b)(2)(iv)(s).’’.
11. On page 3057, second column, the
third sentence of paragraph
(f)(3)(iii)(B)(1) should read ‘‘Regardless
of whether a section 754 election is in
effect or a substantial built in loss exists
with respect to the transfer, the amount
of any section 704(c)(1)(C) basis
adjustment with respect to section
704(c)(1)(C) property to which the
transferee succeeds shall be decreased
by the amount of any negative section
743(b) adjustment that would be
allocated to the section 704(c)(1)(C)
property pursuant to the provisions of
§ 1.755–1 if the partnership had a
section 754 election in effect upon the
transfer.’’.
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14:49 Apr 14, 2014
Jkt 232001
§ 1.734–2
[Corrected]
12. On page 3062, third column, the
first sentence of paragraph (c)(3)
Example 2. (ii) should read ‘‘A is unable
to take into account A’s section
704(c)(1)(C) basis adjustment in
Property 1 upon the distribution of the
cash as described in paragraph (c)(2) of
this section because A cannot increase
the basis of cash under § 1.704–
3(f)(3)(v)(C).’’.
§ 1.755–1
[Corrected]
13. On page 3068, third column,
paragraph (b)(5)(iv) Example 4. (i)
should read ‘‘A is a one-third partner in
LTP. The three partners in LTP have
equal interests in the capital and profits
of LTP. LTP has two assets: accounts
receivable with an adjusted basis of
$300 and a fair market value of $240
and a nondepreciable capital asset with
an adjusted basis of $60 and a fair
market value of $240. A contributes its
interest in LTP to UTP in a transaction
described in section 721. At the time of
the transfer, A’s basis in its LTP interest
is $90. Under section 723, UTP’s basis
in its interest in LTP is $90. LTP makes
an election under section 754 in
connection with the transfer.’’.
14. On page 3068, third column, the
first sentence of paragraph (b)(5)(iv)
Example 4. (ii) should read ‘‘The
amount of the basis adjustment under
section 743(b) is the difference between
UTP’s $90 basis in its LTP interest and
UTP’s share of the adjusted basis to LTP
of LTP’s property.’’
15. On page 3068, third column,
paragraph (e)(1)(A) is redesignated as
paragraph (e)(1)(i).
16. On page 3069, first column,
paragraph (e)(1)(B) is redesignated as
paragraph (e)(1)(ii).
17. On page 3069, first column,
paragraph (e)(2), the language ‘‘(e)(1)(B)
’’should read ‘‘(e)(1)(ii)’’ wherever it
appears.
18. On page 3069, first column,
paragraph ‘‘(3) Example.’’ Is corrected to
read ‘‘(3) Example.’’.
19. On page 3069, first and second
column, paragraph (e)(3) should read
‘‘Example. A, B, and C are equal
partners in PRS, a partnership. C is a
corporation. The adjusted basis and fair
market value for A’s interests in PRS is
$100. PRS owns Capital Asset 1 with an
adjusted basis of $0 and a fair market
value of $100, Capital Asset 2 with an
adjusted basis of $150 and a fair market
value of $50, and stock in Corp, a
corporation that is related to C under
section 267(b), with an adjusted basis of
$250 and fair market value of $150. PRS
has a section 754 election in effect. PRS
distributes Capital Asset 1 to A in
liquidation of A’s interest in PRS. PRS
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Frm 00012
Fmt 4702
Sfmt 4702
will reduce the basis of its remaining
assets under section 734(b) by $100, to
be allocated under section 755. Pursuant
to the general rule of paragraph (c) of
this section, PRS would reduce the basis
of Capital Asset 2 by $50 and the stock
of Corp by $50. However, pursuant to
paragraph (e)(1)(i) of this section, the
basis of the Corp stock is not adjusted.
Thus, the basis of Capital Asset 2 is
reduced by $100 from $150 to $50.’’.
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. 2014–08360 Filed 4–14–14; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1926
[Docket ID–OSHA–2007–0066]
RIN 1218–AC86
Cranes and Derricks in Construction:
Operator Certification
Occupational Safety and Health
Administration (OSHA), U.S.
Department of Labor.
ACTION: Notice of informal public
hearing.
AGENCY:
This notice schedules an
informal public hearing on OSHA’s
proposed extension of the craneoperator certification deadline and the
separate existing employer duty to
ensure that their crane operators are
competent. The Agency proposed threeyear extensions for both, from
November 10, 2014, to November 10,
2017.
SUMMARY:
Informal public hearing: The
informal public hearing will be held on
Monday, May 19, 2014, at 9:30 a.m. in
the auditorium of the U.S. Department
of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210.
Notice of intention to appear: Each
person who wishes to testify at the
hearing must submit a notice of
intention to appear by April 25, 2014.
Each person who files a notice of
intention to appear may submit a
written copy of additional comments to
the record before or during the hearing
for inclusion in the hearing record.
Organizations may submit a single
notice of intention to appear regarding
multiple members of that organization,
but the notice must list the name,
occupational title, and position of each
DATES:
E:\FR\FM\15APP1.SGM
15APP1
ehiers on DSK2VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Proposed Rules
individual who plans to testify. In
addition, all notices must also include
the following information:
(1) An email address or other contact
information for receiving additional
information about the hearing;
(2) Name of the establishment or
organization, if any, that each
individual represents;
(3) A brief summary of any
documentary evidence each individual
plans to present.
ADDRESSES: Submit a notice of intention
to appear and written testimony by any
of the following methods:
Electronically: Submit a notice of
intention to appear and written
testimony electronically at https://
www.regulations.gov, which is the
Federal e-Rulemaking Portal. Follow the
instructions online for submitting
comments.
Fax: If your written submission does
not exceed 10 pages, including
attachments, you may fax it to the
OSHA Docket Office at (202) 693–1648.
Regular mail, express delivery, hand
delivery, or messenger (courier) service:
Submit your materials to the OSHA
Docket Office, Docket No. OSHA–2007–
0066, U.S. Department of Labor, Room
N–2625, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone: (202)
693–2350, (TTY number (877) 889–
5627). The OSHA Docket Office accepts
deliveries (express mail, hand delivery,
and messenger (courier) service during
its normal hours of operation, 8:15 a.m.
to 4:45 p.m., e.t.
Instructions: All submissions must
include the Agency name and docket
number for this rulemaking (i.e., OSHA
Docket No. OSHA–2007–0066). OSHA
will place all submissions, including
any personal information, in the public
docket without change and make them
available online at https://
www.regulations.gov. Therefore, OSHA
cautions you about submitting personal
information, such as Social Security
numbers and birthdates. Because of
security-related procedures, the use of
regular mail may cause a significant
delay in receipt of your submissions.
For information about security-related
procedures for submitting materials by
express delivery, hand delivery, or
messenger (courier) service, contact the
OSHA Docket Office.
If you submit scientific or technical
studies or other results of scientific
research, OSHA requests (but is not
requiring) that you also provide the
following information when it is
available: (1) Identification of the
funding source(s) and sponsoring
organization(s) of the research; (2) the
extent to which a potentially affected
VerDate Mar<15>2010
14:49 Apr 14, 2014
Jkt 232001
party reviewed the research findings
prior to publication or submission to the
docket, and identification of any such
parties; and (3) the type of financial
relationships (e.g., consulting
agreements, expert witness support, or
research funding), if any, between
investigators who conducted the
research and any organization(s) or
entities having an interest in the
rulemaking. If you are submitting
comments or testimony on the Agency’s
scientific and technical analyses, OSHA
requests that you disclose: (1) The type
of financial relationships you may have,
if any, with any organization(s) or
entities having an interest in the
rulemaking; and (2) the extent to which
an interested party reviewed your
comments or testimony prior to its
submission. Disclosure of such
information promotes transparency and
scientific integrity of data and technical
information submitted to the record.
This request is consistent with
Executive Order 13563, issued on
January 18, 2011, which instructs
agencies to ensure the objectivity of any
scientific and technological information
used to support their regulatory actions.
OSHA emphasizes that it will consider
all material submitted to the rulemaking
record to develop the final rule and
supporting analyses.
FOR FURTHER INFORMATION CONTACT:
General information and press
inquiries: Mr. Frank Meilinger, Office of
Communications, Room N–3647, OSHA,
U.S. Department of Labor, 200
Constitution Avenue NW., Washington,
DC 20210; telephone: (202) 693–1999;
email: Meilinger.Francis2@dol.gov.
Technical inquiries: Mr. Vernon
Preston, Directorate of Construction,
Room N–3468, OSHA, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone: (202)
693–2020; fax: (202) 693–1689; email:
Preston.Vernon@dol.gov.
SUPPLEMENTARY INFORMATION: On August
9, 2010, OSHA issued a final standard
establishing requirements for cranes and
derricks used in construction work. The
standard requires employers to ensure
that crane operators are certified by
November 10, 2014. Until that date,
employers also have added duties under
the standard to ensure that crane
operators are trained and competent to
operate the crane safely. On February
10, 2014, OSHA issued a Notice of
Proposed Rulemaking (NPRM)
proposing to extend the deadline for
operator certification by three years to
November 10, 2017, and to extend the
existing employer duties for the same
period. The public had 30 days to
submit comments on this issue. The
PO 00000
Frm 00013
Fmt 4702
Sfmt 9990
21165
comment period closed on March 12,
2014.
In response to the NPRM, OSHA
received over 60 comments from the
public. Only one comment, from Crane
Institute Certification (CIC), requested or
implied a hearing request (OSHA–2007–
0066–0495). OSHA spoke with Ms.
Deborah Dickinson of CIC to clarify
whether the organization was requesting
a hearing, and Ms. Dickinson confirmed
that it was.
The purpose of a hearing is to gather
information not already in the record,
and to develop a clear, accurate, and
complete record. This hearing will be an
informal administrative proceeding
rather than an adjudicative one;
therefore, the technical rules of
evidence will not apply. Conduct of the
hearing will conform to 29 CFR 1911.15.
In addition, the Assistant Secretary may,
on reasonable notice, issue additional or
alternative procedures to expedite the
proceedings, to provide greater
procedural protections to interested
persons, or to further any other good
cause consistent with applicable law (29
CFR 1911.4).
This hearing will be held to develop
the record on the proposed extensions
presented in OSHA’s February 10, 2014,
NPRM. While the Agency recognizes
that there are several potentially
controversial issues surrounding crane
operator certification/qualification, the
Agency requests that testimony and
questions be focused and related to the
proposed time extensions to preserve
adequate time for all persons to be heard
on the issues in the proposal.
Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Ave. NW., Washington, DC 20210,
authorized the preparation of this
notice. OSHA is issuing this proposed
rule under the following authorities: 29
U.S.C. 653 and 655; 40 U.S.C. 3701 et
seq.; 5 U.S.C. 553; Secretary of Labor’s
Order No. 1–2012 (77 FR 3912, Jan. 25,
2012); and 29 CFR part 1911.
Signed at Washington, DC, on April 9,
2014.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2014–08512 Filed 4–14–14; 8:45 am]
BILLING CODE 4510–26–P
E:\FR\FM\15APP1.SGM
15APP1
]]>Agencies
[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Proposed Rules]
[Pages 21164-21165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08512]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1926
[Docket ID-OSHA-2007-0066]
RIN 1218-AC86
Cranes and Derricks in Construction: Operator Certification
AGENCY: Occupational Safety and Health Administration (OSHA), U.S.
Department of Labor.
ACTION: Notice of informal public hearing.
-----------------------------------------------------------------------
SUMMARY: This notice schedules an informal public hearing on OSHA's
proposed extension of the crane-operator certification deadline and the
separate existing employer duty to ensure that their crane operators
are competent. The Agency proposed three-year extensions for both, from
November 10, 2014, to November 10, 2017.
DATES: Informal public hearing: The informal public hearing will be
held on Monday, May 19, 2014, at 9:30 a.m. in the auditorium of the
U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC
20210.
Notice of intention to appear: Each person who wishes to testify at
the hearing must submit a notice of intention to appear by April 25,
2014. Each person who files a notice of intention to appear may submit
a written copy of additional comments to the record before or during
the hearing for inclusion in the hearing record. Organizations may
submit a single notice of intention to appear regarding multiple
members of that organization, but the notice must list the name,
occupational title, and position of each
[[Page 21165]]
individual who plans to testify. In addition, all notices must also
include the following information:
(1) An email address or other contact information for receiving
additional information about the hearing;
(2) Name of the establishment or organization, if any, that each
individual represents;
(3) A brief summary of any documentary evidence each individual
plans to present.
ADDRESSES: Submit a notice of intention to appear and written testimony
by any of the following methods:
Electronically: Submit a notice of intention to appear and written
testimony electronically at https://www.regulations.gov, which is the
Federal e-Rulemaking Portal. Follow the instructions online for
submitting comments.
Fax: If your written submission does not exceed 10 pages, including
attachments, you may fax it to the OSHA Docket Office at (202) 693-
1648.
Regular mail, express delivery, hand delivery, or messenger
(courier) service: Submit your materials to the OSHA Docket Office,
Docket No. OSHA-2007-0066, U.S. Department of Labor, Room N-2625, 200
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
2350, (TTY number (877) 889-5627). The OSHA Docket Office accepts
deliveries (express mail, hand delivery, and messenger (courier)
service during its normal hours of operation, 8:15 a.m. to 4:45 p.m.,
e.t.
Instructions: All submissions must include the Agency name and
docket number for this rulemaking (i.e., OSHA Docket No. OSHA-2007-
0066). OSHA will place all submissions, including any personal
information, in the public docket without change and make them
available online at https://www.regulations.gov. Therefore, OSHA
cautions you about submitting personal information, such as Social
Security numbers and birthdates. Because of security-related
procedures, the use of regular mail may cause a significant delay in
receipt of your submissions. For information about security-related
procedures for submitting materials by express delivery, hand delivery,
or messenger (courier) service, contact the OSHA Docket Office.
If you submit scientific or technical studies or other results of
scientific research, OSHA requests (but is not requiring) that you also
provide the following information when it is available: (1)
Identification of the funding source(s) and sponsoring organization(s)
of the research; (2) the extent to which a potentially affected party
reviewed the research findings prior to publication or submission to
the docket, and identification of any such parties; and (3) the type of
financial relationships (e.g., consulting agreements, expert witness
support, or research funding), if any, between investigators who
conducted the research and any organization(s) or entities having an
interest in the rulemaking. If you are submitting comments or testimony
on the Agency's scientific and technical analyses, OSHA requests that
you disclose: (1) The type of financial relationships you may have, if
any, with any organization(s) or entities having an interest in the
rulemaking; and (2) the extent to which an interested party reviewed
your comments or testimony prior to its submission. Disclosure of such
information promotes transparency and scientific integrity of data and
technical information submitted to the record.
This request is consistent with Executive Order 13563, issued on
January 18, 2011, which instructs agencies to ensure the objectivity of
any scientific and technological information used to support their
regulatory actions. OSHA emphasizes that it will consider all material
submitted to the rulemaking record to develop the final rule and
supporting analyses.
FOR FURTHER INFORMATION CONTACT:
General information and press inquiries: Mr. Frank Meilinger,
Office of Communications, Room N-3647, OSHA, U.S. Department of Labor,
200 Constitution Avenue NW., Washington, DC 20210; telephone: (202)
693-1999; email: Meilinger.Francis2@dol.gov.
Technical inquiries: Mr. Vernon Preston, Directorate of
Construction, Room N-3468, OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
2020; fax: (202) 693-1689; email: Preston.Vernon@dol.gov.
SUPPLEMENTARY INFORMATION: On August 9, 2010, OSHA issued a final
standard establishing requirements for cranes and derricks used in
construction work. The standard requires employers to ensure that crane
operators are certified by November 10, 2014. Until that date,
employers also have added duties under the standard to ensure that
crane operators are trained and competent to operate the crane safely.
On February 10, 2014, OSHA issued a Notice of Proposed Rulemaking
(NPRM) proposing to extend the deadline for operator certification by
three years to November 10, 2017, and to extend the existing employer
duties for the same period. The public had 30 days to submit comments
on this issue. The comment period closed on March 12, 2014.
In response to the NPRM, OSHA received over 60 comments from the
public. Only one comment, from Crane Institute Certification (CIC),
requested or implied a hearing request (OSHA-2007-0066-0495). OSHA
spoke with Ms. Deborah Dickinson of CIC to clarify whether the
organization was requesting a hearing, and Ms. Dickinson confirmed that
it was.
The purpose of a hearing is to gather information not already in
the record, and to develop a clear, accurate, and complete record. This
hearing will be an informal administrative proceeding rather than an
adjudicative one; therefore, the technical rules of evidence will not
apply. Conduct of the hearing will conform to 29 CFR 1911.15. In
addition, the Assistant Secretary may, on reasonable notice, issue
additional or alternative procedures to expedite the proceedings, to
provide greater procedural protections to interested persons, or to
further any other good cause consistent with applicable law (29 CFR
1911.4).
This hearing will be held to develop the record on the proposed
extensions presented in OSHA's February 10, 2014, NPRM. While the
Agency recognizes that there are several potentially controversial
issues surrounding crane operator certification/qualification, the
Agency requests that testimony and questions be focused and related to
the proposed time extensions to preserve adequate time for all persons
to be heard on the issues in the proposal.
Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC 20210, authorized the preparation
of this notice. OSHA is issuing this proposed rule under the following
authorities: 29 U.S.C. 653 and 655; 40 U.S.C. 3701 et seq.; 5 U.S.C.
553; Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012);
and 29 CFR part 1911.
Signed at Washington, DC, on April 9, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-08512 Filed 4-14-14; 8:45 am]
BILLING CODE 4510-26-P
