Proposed Modification of the Uniform Chimney Variance To Include Industrial Access, Inc., and Marietta Silos LLC, 21956-21958 [2014-08900]
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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
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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
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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
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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
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
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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).
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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.
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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.
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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:
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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]
-----------------------------------------------------------------------
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.
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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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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.)
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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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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.
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\3\ ``Affected employees'' are employees affected by the
permanent variance should OSHA grant it.
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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