Proposed Modification of the Uniform Chimney Variance To Include Industrial Access, Inc., and Marietta Silos LLC, 21956-21958 [2014-08900]

Download as PDF 21956 Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Notices manager, two computer engineers and ten additional personnel. The estimate of the respondent’s burden for this data collection is as follows: Number of N3G respondents: 880. Frequency of responses: One session (4 hours each) for Local Law Enforcement Personnel. Two sessions (4 hours each) for CSO and two Computer Engineers except when interviewing at a CSA. Total annual responses: Once for Local Law Enforcement personnel and twice for CSOs and Computer Engineers. Hours per response: 4 hours. Hours for Travel for 8 Local LE personnel per location: 4 hours. Annual Hour Burden: 5,720 hours. (6) An estimate of the total public burden (in hours) associated with this collection: There are approximately 5,720 hours, annual burden, associated with this information collection. If additional information is required contact Jerri Murray, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, United States Department of Justice, Two Constitution Square, 145 N Street NE., Room 3E.405B, Washington, DC 20530. Dated: April 14, 2014. Jerri Murray, Department Clearance Officer for PRA, United States Department of Justice. [FR Doc. 2014–08790 Filed 4–17–14; 8:45 am] BILLING CODE 4410–02–P DEPARTMENT OF LABOR Employment and Training Administration Employment and Training Administration, Labor. ACTION: Notice of meeting. AGENCY: Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (FACA) (Pub. L. 92–463), as amended, and Section 166(h)(4) of the Workforce Investment Act (WIA) [29 U.S.C. 2911(h)(4)], notice is hereby given of the next meeting of the Native American Employment and Training Council (Council), as constituted under WIA. DATES: The meeting will begin at 9:00 a.m. (Eastern Daylight Time) on Wednesday, May 28, 2014, and continue until 4:30 p.m. that day. The period from 2:30 p.m. to 4:30 p.m. on May 28, 2014, will be reserved for participation and presentations by members of the mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: 16:54 Apr 17, 2014 The meeting on May 28, 2014 will be held at the U.S. Bureau of Labor Statistics, Postal Square Building, 2 Massachusetts Avenue, Northeast, Washington, DC 20210, Conference Room # 9. The meeting on May 29, 2014, will be held at the U.S. Department of Labor, 200 Constitution Avenue, Northwest, Washington, DC 20210, Room C–5320. ADDRESSES: The meeting is open to the public. Members of the public not present may submit a written statement on or before Tuesday, May 27, 2014, to be included in the record of the meeting. Submit written statements to Mr. Craig Lewis, Designated Federal Official (DFO), U.S. Department of Labor, 200 Constitution Avenue, Northwest, Room S–4209, Washington, DC 20210 or email: Lewis.Craig@dol.gov. Written statements may also be faxed to Mr. Lewis at (202) 693–3717 on or before Tuesday, May 27, 2014. Persons who need special accommodations should also contact Mr. Lewis at (202) 693–3384, at least two business days before the meeting. The formal agenda will focus on the following topics: (1) Election of Chair for Council; (2) U.S. Department of Labor, Employment and Training Administration Updates; (3) Training and Technical Assistance; (4) Council and Work Group Updates and Recommendations; (5) New Business and Next Steps; and (6) Public Comment. SUPPLEMENTARY INFORMATION: Mr. Craig Lewis, DFO, Division of Indian and Native American Programs, Employment and Training Administration, U.S. Department of Labor, Room S–4209, 200 Constitution Avenue, Northwest, Washington, DC 20210. Telephone number (202) 693– 3384 (VOICE) (this is not a toll-free number). FOR FURTHER INFORMATION CONTACT: Notice of a Meeting: Native American Employment and Training Council VerDate Mar<15>2010 public. The meeting will reconvene at 9:00 a.m. on Thursday, May 29, 2014, and adjourn at 12:00 p.m. that day. Jkt 232001 Eric M. Seleznow, Acting Assistant Secretary for Employment and Training Administration, Labor. [FR Doc. 2014–08832 Filed 4–17–14; 8:45 am] BILLING CODE 4501–FR–P PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2012–0015] Proposed Modification of the Uniform Chimney Variance To Include Industrial Access, Inc., and Marietta Silos LLC Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice of applications for a permanent variance and request for comments. AGENCY: OSHA proposes to modify the uniform chimney variance granted to Kiewit Power Constructors Co. and other employers (see 78 FR 60900) by adding Industrial Access, Inc., and Marietta Silos LLC (‘‘Industrial Access and Marietta Silos’’ or ‘‘the applicants’’) to the list of employers covered by the conditions specified in that variance. OSHA invites the public to submit comments on this proposed modification. SUMMARY: Submit comments, information, and documents in response to this notice, or requests for a hearing or an extension of time to make a submission, on or before May 19, 2014. ADDRESSES: Submit comments and requests by any of the following methods: Electronically: Submit comments and attachments electronically at https:// www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for making electronic submissions. Facsimile: If submissions, including attachments, are not longer than 10 pages, commenters may fax them to the OSHA Docket Office at (202) 693–1648. Instead of transmitting facsimile copies of attachments that supplement the comments (e.g., studies, 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–2012–0015) so that the Agency can attach them to the appropriate comments. Regular or express mail, hand delivery, or messenger (courier) service: Submit a copy of comments and any attachments to the OSHA Docket Office, Docket No. OSHA–2012–0015, Technical Data Center, U.S. Department of Labor, 200 Constitution Avenue NW., DATES: E:\FR\FM\18APN1.SGM 18APN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Notices Room N–2625, Washington, DC 20210; telephone: (202) 693–2350 (TDY number: (877) 889–5627). Note that security procedures may result in significant delays in receiving comments and other written materials by regular mail. Contact the OSHA Docket Office for information about security procedures concerning delivery of materials by express delivery, hand delivery, or messenger service. The hours of operation for the OSHA Docket Office are 8:15 a.m.–4:45 p.m., e.t. Instructions: All faxed and written submissions must include the Agency name and the OSHA docket number (OSHA–2012–0015). OSHA will place all submissions, including any personal information provided, in the public docket without revision, and these submissions 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 and birth dates. Docket: To read or download submissions or other material in the docket, go to https://www.regulations.gov or the OSHA Docket Office at the address above. All documents in the docket are listed in the https:// www.regulations.gov index; 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 at the address or telephone number listed above 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 Mr. David Johnson, Director, Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N–3655, Washington, DC 20210; telephone: (202) 693–2110; email: johnson.david.w@dol.gov. OSHA’s Web page includes information about the VerDate Mar<15>2010 16:54 Apr 17, 2014 Jkt 232001 Variance Program (see https:// www.osha.gov/dts/otpca/variances/ index.html). SUPPLEMENTARY INFORMATION: Copies of this Federal Register notice. Electronic copies of this Federal Register notice are available at https:// www.regulations.gov. This Federal Register notice, as well as news releases and other relevant information, also are available at OSHA’s Web page at https:// www.osha.gov. Hearing requests. OSHA is issuing this notice pursuant to 29 CFR 1905.13 (‘‘Modification, revocation, and renewal of rules or orders’’). Paragraph (a)(2) of that provision states that requests for a hearing must explain (1) how the proposed modification would affect the requesting party, and (2) what the requesting party is seeking to show regarding the subjects or issues involved. I. Background Between 1973 and 2010, OSHA granted to a number of chimneyconstruction companies permanent variances from the provisions of the OSHA standards that regulate boatswains’ chairs and hoist towers, specifically, paragraph (o)(3) of 29 CFR 1926.452 and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552.1 On October 2, 2013, the Agency granted a permanent multi-state uniform chimney variance to 15 construction employers (Kiewit et al; 78 FR 60900). The uniform chimney variance: (1) Clarified, improved, and updated the technology and safeguards included in the conditions of the variance by citing the most recent consensus standards and best practices; (2) broadened and standardized the scope of the uniform chimney variance to apply to chimneyrelated construction, including work on chimneys, chimney linings, stacks, silos, towers, and similar structures, built using jump-form and slip-form methods of construction, regardless of the structural configuration, and that involve the use of temporary personnel hoist systems; (3) provided consistent and safe variance conditions across the employers applying for, and granted, the uniform chimney variance; and (4) superseded and replaced the chimney1 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). PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 21957 related construction variances granted between 1973 and 2010. II. Notice of Applications On December 6, 2013, Industrial Access, Inc., and on February 7, 2014, Marietta Silos LLC, submitted their respective applications for a permanent variance under Section 6(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655) and 29 CFR 1905.11 (‘‘Variances and other relief under section 6(d)’’) (see Exs. OSHA– 2012–0015–0023 and 0024). The applicants construct, renovate, repair, maintain, inspect, and demolish tall chimneys and similar structures made of concrete, brick, and steel. This work, which occurs throughout the United States, requires the applicants to transport employees and construction tools and materials to and from elevated worksites located inside and outside these structures. The applicants’ names and addresses are as follows: Industrial Access, Inc., 1155 McFarland 400 Drive, Alpharetta, GA 30004. Marietta Silos LLC, 2417 Waterford Road, Marietta, OH 45750. The applicants seek a permanent variance from 29 CFR 1926.452(o)(3), which regulates the tackle used to rig a boatswains’ chair, as well as from paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552, which regulate hoist towers. These paragraphs specify the following requirements: • (o)(3)—Requirements for the tackle used to rig a boatswains’ chair; • (c)(1)—Construction requirements for hoist towers outside a structure; • (c)(2)—Construction requirements for hoist towers inside a structure; • (c)(3)—Anchoring a hoist tower to a structure; • (c)(4)—Hoistway doors or gates; • (c)(8)—Electrically interlocking entrance doors or gates to the hoistway and cars; • (c)(13)—Emergency stop switch located in the car; • (c)(14)(i)—Using a minimum of two wire ropes for drum hoisting; and • (c)(16)—Material and component requirements for construction of personnel hoists. Instead of complying with these requirements, the applicants propose to use the alternative conditions specified by OSHA for these requirements in the uniform chimney variance. The applicants contend that including them under the conditions of the uniform chimney variance would provide their employees with a place of employment that is at least as safe and healthful as these employees would receive under the existing provisions. E:\FR\FM\18APN1.SGM 18APN1 mstockstill on DSK4VPTVN1PROD with NOTICES 21958 Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Notices As is the case with the uniform chimney variance, the places of employment affected by the variance applications are the present and future projects where the applicants construct chimneys and chimney-related structures using jump-form and slipform construction 2 techniques and procedures, regardless of structural configuration when such construction involves the use of temporary personnel hoist systems. The applicants’ projects would be in states under federal authority, as well as states that have safety and health plans approved by OSHA under Section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667) and 29 CFR part 1952 (‘‘Approved State Plans for Enforcement of State Standards’’). The affected states cover private-sector employers and have standards identical to the standards that are the subject of these applications, and these states agree to the terms of the variance. (For further information, see the discussion of State-plan coverage for the uniform chimney variance at 78 FR 60900, 60901.) The proposed variance would permit the applicants to operate temporary hoist systems in the manner prescribed by the uniform chimney variance. According the conditions of the uniform chimney variance, the applicants would use these temporary hoist systems to raise and lower workers to and from elevated worksites. Examples of elevated worksites where temporary hoist systems would operate include: Chimneys, chimney linings, stacks, silos, and chimney-related structures such as towers and similar structures constructed using jump-form and slipform construction techniques and procedures regardless of the structural configuration of the structure (such as tapered or straight barreled of any diameter). The applicants certify that they provided the employee representatives of the affected employees 3 with a copy of their respective variance applications. The applicants also certify that they notified their employees of the respective variance applications by posting a copy of the respective applications at locations where they normally post notices to their employees, and by other appropriate means. In addition, the applicants attest that they informed their employees and 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. 3 ‘‘Affected employees’’ are employees affected by the permanent variance should OSHA grant it. VerDate Mar<15>2010 16:54 Apr 17, 2014 Jkt 232001 their representatives of their right to petition the Assistant Secretary of Labor for Occupational Safety and Health for a hearing on their variance applications. If granted, OSHA would add the applicants to the employers listed in the uniform chimney variance. Therefore, the applicants would comply with conditions that are consistent with the conditions used by the other employers listed in the uniform chimney variance when operating temporary hoist systems in the construction of chimney-related structures. III. Specific Conditions of the Variance Applications As mentioned previously in this notice, OSHA has granted a number of permanent variances since 1973 from the tackle requirements for boatswains’ chairs in 29 CFR 1926.452(o)(3) and the requirements for hoist towers specified by paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552. In view of the OSHA’s history, knowledge, and experience with the variances granted for chimneyrelated construction, OSHA finds that the variance applications submitted by Industrial Access and Marietta Silos are consistent with the uniform chimney variance previously granted to other employers in the construction industry. Therefore, OSHA preliminarily determined that the alternative conditions specified by the applications will protect the applicants’ workers at least as effectively as the requirements of 29 CFR 1926.452(o)(3) and paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552. Pursuant to the provisions of 29 CFR 1905.13 (‘‘Modification, revocation, and renewal of rules or orders’’), OSHA is notifying the public that Industrial Access and Marietta Silo are proposing to modify the uniform chimney variance granted previously by OSHA to Kiewit Power Constructors Co. and other employers (see 78 FR 60900) by adding them to the list of employers granted authority by the Agency to apply the conditions specified in the uniform chimney variance when operating temporary hoist systems in the construction of chimney-related structures. Accordingly, section VI (‘‘Order’’) of the uniform chimney variance provides the alternate conditions to which Industrial Access and Marietta Silos would have to comply should OSHA grant them this modification to the uniform chimney variance. OSHA invites the public to submit comments on this proposed modification to the uniform chimney variance. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 IV. Authority and Signature David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, 200 Constitution Avenue NW., Washington, DC 20210, authorized the preparation of this notice. Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 655, Secretary of Labor’s Order No. 1– 2012 (77 FR 3912, Jan. 25, 2012), and 29 CFR part 1905. Signed at Washington, DC, on April 15, 2014. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2014–08900 Filed 4–17–14; 8:45 am] BILLING CODE 4510–26–P NUCLEAR REGULATORY COMMISSION [NRC–2014–0077] Proposed Procedures for Conducting Hearings on Whether Acceptance Criteria in Combined Licenses Are Met Nuclear Regulatory Commission. ACTION: Proposed ITAAC hearing procedures; public meeting; and request for comments. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is developing generic procedures for conducting hearings on whether acceptance criteria in combined licenses are met. These acceptance criteria are part of the inspections, tests, analyses, and acceptance criteria (ITAAC) included in the combined license for a nuclear reactor. Reactor operation may commence only if and after the NRC finds that these acceptance criteria are met. The proposed generic hearing procedures are being issued for public comment. After these generic hearing procedures are finalized, the Commission will use them (with appropriate modifications) in casespecific orders to govern hearings on conformance with the acceptance criteria. The NRC intends to hold a public meeting during the comment period to discuss the proposed procedures. DATES: Submit comments by July 2, 2014. Comments received after this date will be considered if it is practical to do so, but it is unlikely that consideration of late comments will be practical because of the need to finalize the generic procedures on an expedited basis to support preparation for upcoming hearings for reactors currently under construction. SUMMARY: E:\FR\FM\18APN1.SGM 18APN1

Agencies

[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Notices]
[Pages 21956-21958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08900]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0015]


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

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

ACTION: Notice of applications for a permanent variance and request for 
comments.

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

SUMMARY: OSHA proposes to modify the uniform chimney variance granted 
to Kiewit Power Constructors Co. and other employers (see 78 FR 60900) 
by adding Industrial Access, Inc., and Marietta Silos LLC (``Industrial 
Access and Marietta Silos'' or ``the applicants'') to the list of 
employers covered by the conditions specified in that variance. OSHA 
invites the public to submit comments on this proposed modification.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for a hearing or an extension of time to make a 
submission, on or before May 19, 2014.

ADDRESSES: Submit comments and requests by any of the following 
methods:
    Electronically: Submit comments and attachments electronically at 
https://www.regulations.gov, which is the Federal eRulemaking Portal. 
Follow the instructions online for making electronic submissions.
    Facsimile: If submissions, including attachments, are not longer 
than 10 pages, commenters may fax them to the OSHA Docket Office at 
(202) 693-1648. Instead of transmitting facsimile copies of attachments 
that supplement the comments (e.g., studies, 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-2012-0015) so that the Agency can attach them to the 
appropriate comments.
    Regular or express mail, hand delivery, or messenger (courier) 
service: Submit a copy of comments and any attachments to the OSHA 
Docket Office, Docket No. OSHA-2012-0015, Technical Data Center, U.S. 
Department of Labor, 200 Constitution Avenue NW.,

[[Page 21957]]

Room N-2625, Washington, DC 20210; telephone: (202) 693-2350 (TDY 
number: (877) 889-5627). Note that security procedures may result in 
significant delays in receiving comments and other written materials by 
regular mail. Contact the OSHA Docket Office for information about 
security procedures concerning delivery of materials by express 
delivery, hand delivery, or messenger service. The hours of operation 
for the OSHA Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    Instructions: All faxed and written submissions must include the 
Agency name and the OSHA docket number (OSHA-2012-0015). OSHA will 
place all submissions, including any personal information provided, in 
the public docket without revision, and these submissions 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 and birth dates.
    Docket: To read or download submissions or other material in the 
docket, go to https://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket are listed in the https://www.regulations.gov index; 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 at the address or telephone number 
listed above 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 Mr. David Johnson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone: 
(202) 693-2110; email: johnson.david.w@dol.gov. OSHA's Web page 
includes information about the Variance Program (see https://www.osha.gov/dts/otpca/variances/).

SUPPLEMENTARY INFORMATION: 
    Copies of this Federal Register notice. Electronic copies of this 
Federal Register notice are available at https://www.regulations.gov. 
This Federal Register notice, as well as news releases and other 
relevant information, also are available at OSHA's Web page at https://www.osha.gov.
    Hearing requests. OSHA is issuing this notice pursuant to 29 CFR 
1905.13 (``Modification, revocation, and renewal of rules or orders''). 
Paragraph (a)(2) of that provision states that requests for a hearing 
must explain (1) how the proposed modification would affect the 
requesting party, and (2) what the requesting party is seeking to show 
regarding the subjects or issues involved.

I. Background

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

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

    On December 6, 2013, Industrial Access, Inc., and on February 7, 
2014, Marietta Silos LLC, submitted their respective applications for a 
permanent variance under Section 6(d) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655) and 29 CFR 1905.11 (``Variances and 
other relief under section 6(d)'') (see Exs. OSHA-2012-0015-0023 and 
0024). The applicants construct, renovate, repair, maintain, inspect, 
and demolish tall chimneys and similar structures made of concrete, 
brick, and steel. This work, which occurs throughout the United States, 
requires the applicants to transport employees and construction tools 
and materials to and from elevated worksites located inside and outside 
these structures. The applicants' names and addresses are as follows: 
Industrial Access, Inc., 1155 McFarland 400 Drive, Alpharetta, GA 
30004. Marietta Silos LLC, 2417 Waterford Road, Marietta, OH 45750.
    The applicants seek a permanent variance from 29 CFR 
1926.452(o)(3), which regulates the tackle used to rig a boatswains' 
chair, as well as from paragraphs (c)(1) through (c)(4), (c)(8), 
(c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552, which regulate 
hoist towers. These paragraphs specify the following requirements:
     (o)(3)--Requirements for the tackle used to rig a 
boatswains' chair;
     (c)(1)--Construction requirements for hoist towers outside 
a structure;
     (c)(2)--Construction requirements for hoist towers inside 
a structure;
     (c)(3)--Anchoring a hoist tower to a structure;
     (c)(4)--Hoistway doors or gates;
     (c)(8)--Electrically interlocking entrance doors or gates 
to the hoistway and cars;
     (c)(13)--Emergency stop switch located in the car;
     (c)(14)(i)--Using a minimum of two wire ropes for drum 
hoisting; and
     (c)(16)--Material and component requirements for 
construction of personnel hoists.
    Instead of complying with these requirements, the applicants 
propose to use the alternative conditions specified by OSHA for these 
requirements in the uniform chimney variance. The applicants contend 
that including them under the conditions of the uniform chimney 
variance would provide their employees with a place of employment that 
is at least as safe and healthful as these employees would receive 
under the existing provisions.

[[Page 21958]]

    As is the case with the uniform chimney variance, the places of 
employment affected by the variance applications are the present and 
future projects where the applicants construct chimneys and chimney-
related structures using jump-form and slip-form construction \2\ 
techniques and procedures, regardless of structural configuration when 
such construction involves the use of temporary personnel hoist 
systems. The applicants' projects would be in states under federal 
authority, as well as states that have safety and health plans approved 
by OSHA under Section 18 of the Occupational Safety and Health Act of 
1970 (29 U.S.C. 667) and 29 CFR part 1952 (``Approved State Plans for 
Enforcement of State Standards''). The affected states cover private-
sector employers and have standards identical to the standards that are 
the subject of these applications, and these states agree to the terms 
of the variance. (For further information, see the discussion of State-
plan coverage for the uniform chimney variance at 78 FR 60900, 60901.)
---------------------------------------------------------------------------

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

    The proposed variance would permit the applicants to operate 
temporary hoist systems in the manner prescribed by the uniform chimney 
variance. According the conditions of the uniform chimney variance, the 
applicants would use these temporary hoist systems to raise and lower 
workers to and from elevated worksites. Examples of elevated worksites 
where temporary hoist systems would operate include: Chimneys, chimney 
linings, stacks, silos, and chimney-related structures such as towers 
and similar structures constructed using jump-form and slip-form 
construction techniques and procedures regardless of the structural 
configuration of the structure (such as tapered or straight barreled of 
any diameter).
    The applicants certify that they provided the employee 
representatives of the affected employees \3\ with a copy of their 
respective variance applications. The applicants also certify that they 
notified their employees of the respective variance applications by 
posting a copy of the respective applications at locations where they 
normally post notices to their employees, and by other appropriate 
means. In addition, the applicants attest that they informed their 
employees and their representatives of their right to petition the 
Assistant Secretary of Labor for Occupational Safety and Health for a 
hearing on their variance applications.
---------------------------------------------------------------------------

    \3\ ``Affected employees'' are employees affected by the 
permanent variance should OSHA grant it.
---------------------------------------------------------------------------

    If granted, OSHA would add the applicants to the employers listed 
in the uniform chimney variance. Therefore, the applicants would comply 
with conditions that are consistent with the conditions used by the 
other employers listed in the uniform chimney variance when operating 
temporary hoist systems in the construction of chimney-related 
structures.

III. Specific Conditions of the Variance Applications

    As mentioned previously in this notice, OSHA has granted a number 
of permanent variances since 1973 from the tackle requirements for 
boatswains' chairs in 29 CFR 1926.452(o)(3) and the requirements for 
hoist towers specified by paragraphs (c)(1) through (c)(4), (c)(8), 
(c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552. In view of the 
OSHA's history, knowledge, and experience with the variances granted 
for chimney-related construction, OSHA finds that the variance 
applications submitted by Industrial Access and Marietta Silos are 
consistent with the uniform chimney variance previously granted to 
other employers in the construction industry. Therefore, OSHA 
preliminarily determined that the alternative conditions specified by 
the applications will protect the applicants' workers at least as 
effectively as the requirements of 29 CFR 1926.452(o)(3) and paragraphs 
(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 
CFR 1926.552.
    Pursuant to the provisions of 29 CFR 1905.13 (``Modification, 
revocation, and renewal of rules or orders''), OSHA is notifying the 
public that Industrial Access and Marietta Silo are proposing to modify 
the uniform chimney variance granted previously by OSHA to Kiewit Power 
Constructors Co. and other employers (see 78 FR 60900) by adding them 
to the list of employers granted authority by the Agency to apply the 
conditions specified in the uniform chimney variance when operating 
temporary hoist systems in the construction of chimney-related 
structures. Accordingly, section VI (``Order'') of the uniform chimney 
variance provides the alternate conditions to which Industrial Access 
and Marietta Silos would have to comply should OSHA grant them this 
modification to the uniform chimney variance. OSHA invites the public 
to submit comments on this proposed modification to the uniform chimney 
variance.

IV. Authority and Signature

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

    Signed at Washington, DC, on April 15, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-08900 Filed 4-17-14; 8:45 am]
BILLING CODE 4510-26-P
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