97-26819. Longshoring and Marine Terminals

[Federal Register Volume 62, Number 196 (Thursday, October 9, 1997)]
[Proposed Rules]
[Pages 52671-52673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26819]



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1917, and 1918

[Docket No. S-025A]
RIN 1218-AA56


Longshoring and Marine Terminals

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

ACTION: Limited opening of the record; Notice of informal public 
meeting.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) 
published a final rule on July 25, 1997, revising all of 29 CFR part 
1918 (the Longshoring Standard) and related sections of 29 CFR part 
1917 (the Marine Terminals Standard) (62 FR 40152). In the preamble of 
the final rule, OSHA discussed the practice of lifting two empty 
intermodal containers together, one on top of the other, connected by 
semi-automatic twist locks (hereafter referred to as ``piggybacking'' 
of two containers using twist locks). To secure them for shipping, 
containers have twist locks placed between the corner fittings of one 
container and the bottom fittings of the container that rests on top of 
the first. In a piggyback lift, the bottom container's weight is borne 
by the top container and twist locks. The force of lifting the bottom 
container is also transferred through the twist locks to the bottom 
fittings of the top container. Although OSHA expressed safety concerns 
regarding piggybacking, the rulemaking record did not contain enough 
information to enable OSHA to determine how to regulate this practice. 
Therefore, OSHA is reopening the record to conduct a second phase of 
the rulemaking to determine whether to allow ``piggybacking,'' and if 
so, under what conditions. Based on the information gathered during 
this extension of the rulemaking's proceedings, OSHA will issue a 
proposal to address this practice.
    This notice requests written comment and schedules an informal 
public meeting on safety issues and risks and on the technological and 
economic feasibility associated with piggybacking of two containers 
using twist locks.

DATES: Written comments on the proposed standard and notices of 
intention to appear at the informal public meeting on the proposed 
standard must be postmarked by December 8, 1997. Parties who request 
more than 10 minutes for their presentations at the informal public 
meeting and parties who will submit documentary evidence at the meeting 
must submit the full text of their testimony and all documentary 
evidence postmarked no later than January 13, 1998. The informal public 
meeting will take place in Washington, DC and is scheduled to begin on 
January 27, 1998.

ADDRESSES: Submit written comments to the Docket Office, Docket S-025A, 
Room N-2625, U.S. Department of Labor, Occupational Safety and Health 
Administration, 200 Constitution Avenue, NW., Washington, DC 20210. 
Telephone: [phone]. Comments on the proposal are to be submitted 
in quadruplicate or 1 original (hard copy) and 1 disk (5\1/4\ or 3\1/2\ 
inch) in WP 5.0, 5.1, 6.0 or ASCII. Comments of 10 pages or less may be 
faxed to the Docket Office, fax number [phone], if followed by a 
hard copy.
    Send notices of intention to appear, testimony, and documentary 
evidence which will be introduced into the meeting record to Mrs. Theda 
Kenney, OSHA Office of Safety Standards, Docket No. S-025A, Room N-
3609, U.S. Department of Labor, 200 Constitution Avenue NW., 
Washington, DC 20210, telephone [phone].
    The informal public meeting will be held in Washington, D.C., 
beginning January 27, 1998 at 10 a.m. in the Frances Perkins Building, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210.

FOR FURTHER INFORMATION CONTACT: Mr. Larry Liberatore, Director of the 
Office of Maritime Safety Standards, or Paul Rossi, Project Officer, 
Office of Maritime Safety Standards, Occupational Safety and Health 
Administration, Room N-3609, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210, [phone].

SUPPLEMENTARY INFORMATION: In 1993, OSHA received a letter from Sea-
Land Service, Inc. requesting that OSHA interpret its existing 
longshoring standards to allow the lifting of two empty 40-foot 
International Standards Organization (ISO) freight containers that are 
vertically coupled using semi-automatic twist locks (Ex. 1, Docket S-
025A). OSHA's existing standards did not expressly prohibit this 
practice, which utilizes the top container and twist locks as a 
``lifting appliance'' to lift the bottom container. In its response, 
OSHA allowed Sea-Land to continue this practice, provided that certain 
requirements were met (Ex. 2, Docket S-025A). OSHA's response from its 
Compliance Office identified applicable OSHA standards and related 
industry practices associated with container cargo handling operations. 
These requirements addressed: Inspecting containers for visible 
defects, verifying that both containers are empty, assuring that 
containers are properly marked, assuring that twist locks operate in 
the same manner, assuring that the load does not exceed the capacity of 
the crane, assuring that the top container is vertically lifted, having 
available for inspection manufacturers' documents that verify the 
capacities of the twist locks and corner castings, and directing 
employees to stay clear of the lifting area.
    OSHA's existing longshoring standards, which referenced ILO 
Convention 32, did not require the certification of ``lifting 
appliances.'' This term was not a part of the existing Convention 32 
which was adopted in 1932 before the advent of containers and twist 
locks that were developed by the marine cargo handling industry in the 
1960s.
    In the preamble to the proposed rule (59 FR 28602), OSHA discussed 
differences between ILO Convention 32 and ILO Convention 152, including 
the requirement in the latter convention to certify lifting appliances. 
Convention 152, Article 22, adopted June 25, 1979, requires that proof 
load testing be conducted every 5 years, and applies to all ships' 
lifting appliances. Within Article 3 of ILO 152, paragraph (e), defines 
the term ``lifting appliance'' as follows:

``lifting appliance'' covers all stationary or mobile cargo handling 
appliances, including shore-based power-operated ramps, used on 
shore or on board ship for suspending, raising or lowering loads or 
moving them from one position to another while suspended or 
supported (Ex. 3, Docket S-025A). (emphasis added)

Thus, the term ``lifting appliance'' was intended to cover all 
appliances used to lift or move loads, with no exceptions. OSHA carried 
this intention forward in its proposal and did not propose to except 
any lifting equipment from certification.
    OSHA stated in the proposed rule that, under Convention 152, when a 
container was used to lift another container, the top container would 
fall within the definition of ``lifting appliance'':

    In those situations where one container is used to lift another 
container, using twist locks, then the upper container and twist 
locks become, in effect, a lifting appliance and must be certified 
as such. (59 FR 28602)

    In response to this proposed interpretation of Article 3, paragraph 
(e) of ILO Convention 152, OSHA received comments only from the 
International

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Longshoremen's and Warehousemen's Union (ILWU) (Exs. 4, 5, and 6, 
Docket S-025A). Although these comments favored the proposed 
interpretation and requested the Agency to include it as a requirement 
in the regulatory text, these commenters included no specific 
information regarding the piggybacking of two containers using twist 
locks. Sea-Land Services Inc. submitted a detailed six page comment 
(Ex. 7, Docket S-025A) addressing a number of the proposed changes to 
the Marine Terminals and Longshoring Standards, but did not address 
this issue. OSHA received a late, post-hearing submission from the 
International Longshoremen's Association (ILA), however, that alerted 
the Agency to what might be a serious problem with this type of lift, 
citing several incidents at U.S. ports where failures had occurred (Ex. 
8, Docket S-025A). OSHA was not able to rely on this letter to support 
regulatory action in the final rule because it was not a timely 
submission to the record. However, the letter made OSHA aware of safety 
concerns that might need to be addressed through supplementary 
rulemaking. As a result of the dearth of information about safety 
considerations associated with the practice of piggybacking two 
containers using twist locks, as well as insufficient information or 
elements relating to feasibility (such as the capability of top 
containers and twist locks to withstand such loading and the cost 
impacts and productivity effects of piggybacking), OSHA reserved 
judgment on the appropriate regulatory approach to this practice, 
pending further study.
    This notice reopens the record and requests written comment on this 
narrow issue, and schedules an informal public meeting to consider 
whether OSHA should allow the practice of lifting vertically coupled 
containers, and if so, under what circumstances. OSHA solicits all 
relevant information, including data on the following issues:

    Have intermodal containers been designed and tested for the 
purposes of piggyback lifting?
    Have the twist locks been designed and tested for lifting 
containers?
    What information do container and twist lock manufacturers have 
regarding the use of their products as lifting appliances?
    Do any international bodies currently certify containers and twist 
locks as ``lifting appliances?'
    Is there any scientific or engineering data that addresses 
maintenance testing and ``life'' of the components used for lifting 
purposes?
    Has the impact of adverse weather conditions been evaluated in both 
design and operational concerns with regard to double container lifts?
    What precautions can be taken to assure that the containers being 
lifted are empty?
    What precautions can be taken to assure that the twist locks are 
all locked properly when the lifting occurs?
    What precautions can be taken to assure that employees are not 
exposed to the hazard of a falling container?
    What precautions can be taken to assure that defective or damaged 
containers are not used to hoist other containers?
    To what extent are vertically coupled containers currently being 
lifted and by whom?
    If the standard were to require the employer to certificate the 
upper container and twist locks for use as a lifting appliance, how 
many containers and twist locks would need to be certificated? Would 
vessel sharing agreements have any effect on the ability of employers 
to do such certification?
    What would it cost to certify the upper containers and twist locks 
for use as lifting appliances?
    What are the potential productivity gains, if any, associated with 
lifting vertically coupled containers?
    As noted above, OSHA currently allows Sea-Land to perform 
piggybacking in accordance with a series of precautions set forth in 
Exhibit 2. Are these precautions sufficiently protective?
    What are the costs and cost-savings (productivity gains) of 
piggybacking under the current requirements of Exhibit 2? How would 
they be affected by certification or other requirements?
    What information (both statistical and anecdotal) is available on 
incidents involving vertically coupled containers that have fallen and 
hurt or killed employees or caused ``near-misses?'

Public Participation

    Interested persons are requested to submit written data, views and 
arguments concerning the issues raised by this notice. These comments 
must be postmarked by December 8, 1997. Comments are to be submitted in 
quadruplicate or 1 original (hard copy) and 1 disk (5\1/4\ or 3\1/2\) 
in WP 5.0, 5.1, 6.0 or ASCII. Note: Any information not contained on 
disk, e.g., studies, articles, etc., must be submitted in quadruplicate 
to: Docket Office, Docket No. S-025A, Room N-2625, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Washington, DC 20210, Telephone 
No. [phone].
    All written comments received within the specified comment period 
will be made a part of the record and will be available for public 
inspection and copying at the above Docket Office address.

Notice of Intention To Appear at the Informal Meeting

    An informal public meeting will be held in the Frances Perkins 
Building, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210 on January 27, 1998, beginning at 10 a.m. The 
exact location of the meeting will be posted in the lobby.
    Persons who wish to participate at this meeting must file a notice 
of intention to appear by December 8, 1997. The notice of intention to 
appear must contain the following information:
    1. The name, address, and telephone number of each person to 
appear;
    2. The capacity in which the person will appear;
    3. The approximate amount of time required for the presentation;
    4. The issues that will be addressed;
    5. A brief statement of the position that will be taken with 
respect to each issue; and
    6. Whether the party intends to submit documentary evidence and, if 
so, a brief summary of it.
    The notice of intention to appear must be mailed to Mrs. Theda 
Kenney, OSHA Office of Safety Standards, Docket No. S-025A, U.S. 
Department of Labor, Room N-3647, 200 Constitution Avenue, NW., 
Washington, DC 20210, Telephone [phone].
    A notice of intention to appear also may be transmitted by 
facsimile to [phone], by the same date, provided that the 
original and 3 copies are sent to the same address and postmarked no 
later than 3 days later.

Filing of Testimony and Evidence Before the Meeting

    Any party requesting more than ten (10) minutes for presentation at 
the informal public meeting, or who intends to submit documentary 
evidence, must provide in quadruplicate the testimony and evidence to 
be presented at the informal public meeting. One copy must not be 
stapled or bound and be suitable for copying. These materials must be 
provided to Mrs. Theda Kenney, OSHA Office of Safety Standards at the 
address above and be postmarked no later than 15 days prior to the date 
of the meeting. Any party who has not substantially complied with the 
above requirement may be limited to a ten-minute presentation and may 
be requested to return for questioning at a later time.

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Any party who has not filed a notice of intention to appear may be 
allowed to testify for no more than 10 minutes as time permits, at the 
discretion of the Facilitator.
    Notice of intention to appear, testimony and evidence will be 
available for inspection and copying at the Docket Office at the 
address above.

Informal Public Meeting

    The informal public meeting will commence at 10 a.m. OSHA has 
scheduled this meeting to enable interested persons to address the 
Agency on the issues discussed in this notice. The meeting will be 
presided over by a Facilitator designated by OSHA.

Authority and Signature

    This document has been prepared under the direction of Greg R. 
Watchman, Acting Assistant Secretary of Labor for Occupational Safety 
and Health, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210. It is issued under sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), 
section 41 of the Longshore and Harbor Workers' Compensation Act (33 
U.S.C. 941), and 29 CFR part 1911.

    Signed at Washington, DC this 3rd day of October, 1997.
Greg Watchman,
Acting Assistant Secretary of Labor.
[FR Doc. 97-26819 Filed 10-8-97; 8:45 am]
BILLING CODE 4510-26-P