June 21, 1984

MEMORANDUM FOR:     GILBERT J. SAULTER, Regional Administrator
                    Region VI

FROM:               JOHN B. MILES, JR., Director 
                    Directorate of Field Operations

SUBJECT:            Interpretation/Clarification of 29 CFR 1926.605(a)(1)

This will confirm the interpretation of 29 CFR 1926.605(a)(1) requested in your memorandum dated June 1, and telephoned to Mr. Lyndell Hughes of your staff on June 8.

STD 3-13.2 states "Construction employers engaged in marine construction operations are subject aid the construction standards. Cranes and lifting devices used to move construction materials from shore to barge or form barge to construction site are not required to be certificated." 29 CFR 1926.605(a)(1) applies to "material handling" operations in "longshoring operations" as defined in 1926.605(a)(1). Therefore a barge at the construction site where materials are moved from the barge to the breakwater construction site, is considered part of the construction process and the requirement for crane certification does not apply.