October 17, 2006 


Mr. Edwin G. Foulke, Jr. 
Assistant Secretary for Occupational Safety and Health 


U.S. Department of Labor 
Occupational Safety and Health Administration 
200 Constitution Avenue, NW 
Washington, DC 20210 
Dear Mr. Foulke: 

The Small Business Advocacy Review Panel (Panel), established in accordance with the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), is transmitting to you 
this report on the Occupational Safety and Health Administration’s draft proposal for Cranes and 
Derricks. 

The Panel consisted of representatives of the Occupational Safety and Health 
Administration (OSHA), the Office of Information and Regulatory Affairs (OIRA), of the Office 
of Management and Budget (OMB), and the Office of Advocacy (OA) within the U.S. Small 
Business Administration (SBA), Department of Labor, Office of the Solicitor (SOL), and was 
chaired by Robert Burt, Director of the Office of Regulatory Analysis within OSHA. The Panel 
members and staff representatives included Robert Burt (OSHA/Chair), Noah Connell 
(OSHA/Directorate of Construction (DOC)), Bradford Hammock (DOL/SOL), Charles Gordan 
(DOL/SOL), Charles Marasca (SBA/OA), Bruce Lundegren (SBA/OA), Radwan Saade 
(SBA/OA), Dominic Mancini (OMB/OIRA), Brenda Augilar (OMB/OIRA), John Kraemer 
(OMB/OIRA), Adrian Corsey (OSHA/ORA), Audrey Roller (OSHA/DOC), Tressi Cordaro 
(OSHA/DOC), Kathleen Martinez (OSHA/ORA/SBREFA Coordinator). 

On August 18th, the Panel was officially convened. On August 29th and 30th the Panel 
members, along with the Small Entity Representative (SERs), participated in conference calls 
providing the opportunity for an open discussion regarding the draft proposal. In addition to the 
conference calls, the SERs provided the Panel with their written comments. 

The complete Panel Report is attached, including major findings and recommendations of 
the Panel, a listing of participating SERs, and copies of their written comments. SBREFA 
requires that this Panel Report and its attachments become part of the rulemaking record and be 
made available to the public through the OSHA docket office. 

In closing, the Panel wishes to thank the SERs for their participation in the early stages of 
the rulemaking process. The Panel particularly appreciates that the SERs took time from their 


busy schedules to provide the Panel with comments. Subsequent steps in the rulemaking process 
will afford additional opportunities for public participation and input. 

Sincerely, 

/s/ 

Robert E. Burt 
Chairperson 
Small Business Advocacy Review Panel 
Occupational Safety and Health Administration 

U.S. Department of Labor 
/s/ 

Thomas M. Sullivan 
Chief Counsel for Advocacy 
Office of Advocacy 

U.S. Small Business Administration 
/s/ 

Steven D. Aitken 
Acting Administrator 
Office of Information and Regulatory Affairs 
Office of Management and Budget 

/s/ 

Noah Connell 
Acting Director 
Directorate of Construction 
Occupational Safety and Health Administration 

/s/ 

Bradford Hammock 
Counsel for Safety Standards 
Office of the Solicitor 

U.S. Department of Labor