[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Notices]
[Pages 17448-17451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7261]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0034]


Subpart A (``General Provisions'') and Subpart B (``Confined and 
Enclosed Spaces and Other Dangerous Atmospheres in Shipyard 
Employment''); Extension of the Office of Management and Budget's (OMB) 
Approval of Information Collection (Paperwork) Requirements

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

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to 
extend OMB approval of the information collection requirements 
specified in 29 CFR part 1915, subpart A (``General Provisions'') and 
subpart B (``Confined and Enclosed Spaces and Other Dangerous 
Atmospheres in Shipyard Employment'').

DATES: Comments must be submitted (postmarked, sent, or received) by 
May 31, 2011.

ADDRESSES:
    Electronically: You may submit comments and attachments 
electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit your comments and attachments 
to the OSHA Docket Office, Docket No. OSHA-2011-0034, U.S. Department 
of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 
20210. Deliveries (hand, express mail, messenger, and courier service) 
are accepted during the Department of Labor's and Docket Office's 
normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA 
docket number for the Information Collection Request (ICR) (OSHA-2011-
0034). All comments, including any personal information you provide, 
are placed in the public docket without change, and may be made 
available online at http://www.regulations.gov. For further information 
on submitting comments see the ``Public Participation'' heading in the 
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket (including this Federal 
Register notice) are listed in the http://www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download through the Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You also may contact Theda Kenney at 
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney, Directorate of Standards 
and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce 
paperwork and respondent (i.e., employer) burden, conducts a 
preclearance consultation program to provide the public with an 
opportunity to comment on proposed and continuing information 
collection requirements in accordance with the

[[Page 17449]]

Paperwork Reduction Act of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)).
    This program ensures that information is in the desired format, 
reporting burden (time and costs) is minimal, collection instruments 
are clearly understood, and OSHA's estimate of the information 
collection burden is accurate. The Occupational Safety and Health Act 
of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information 
collection by employers as necessary or appropriate for enforcement of 
the OSH Act or for developing information regarding the causes and 
prevention of occupational injuries, illnesses, and accidents (29 
U.S.C. 657). The OSH Act also requires that OSHA obtain such 
information with minimum burden upon employers, especially those 
operating small businesses, and to reduce to the maximum extent 
feasible unnecessary duplication of efforts in obtaining information 
(29 U.S.C. 657).
    The following is a description of the requirements in subparts A 
and B that pertain to the collection and retention of information:

Designation (Sec.  1915.7(b)); and Recordkeeping (Sec.  1915.7(d))

    Paragraph (b)(2) states that employers must designate one or more 
competent persons to perform required inspections and tests, unless a 
Marine Chemist will do so. The paragraph also requires that employers 
maintain a roster of designated competent persons or a statement that a 
Marine Chemist will perform all required inspections and tests. In 
addition, employers are to ensure that the rosters contain, at a 
minimum, the employer's name, the name of the designated competent 
persons, and the date the worker completed training as a competent 
person. If requested, employers must make the roster or statement 
available to workers, their representatives, OSHA compliance officers, 
and representatives from the National Institute for Occupational Safety 
and Health (NIOSH).
    Paragraph (d)(1) specifies that employers ensure that competent 
persons, Marine Chemists, and Certified Industrial Hygienists (CIHs) 
make a record of each inspection and test they conduct. The record of 
the inspection or test must contain the employer's location; time, 
date, and location of the inspected space; the operations performed; 
test results; and any instructions. Paragraph (d)(2) requires that 
employers post the record in the immediate vicinity of the inspected 
space while workers are working in the space. Employers must maintain 
the record in a file for at least three months after work in the space 
is complete. In addition, paragraph (d)(3) requires that employers make 
inspection and test records available, upon request, to workers, their 
representatives, OSHA compliance officers, and NIOSH.

Oxygen Content (Sec.  1915.12(a)(1) and (a)(2)); Flammable Atmospheres 
(Sec.  1915.12(b)(1) and (b)(2)); and Toxic, Corrosive, Irritant or 
Fumigated Atmospheres and Residues (Sec.  1915.12(c)(1), (c)(2), and 
(c)(3))

    Before a worker initially enters a space, paragraph (a)(1) requires 
employers to ensure that a competent person visually inspects and tests 
it to determine its atmospheric oxygen content. Spaces subject to this 
requirement include:
    Sealed spaces, such as, but not limited to, coated and closed-up 
spaces, and freshly painted non-ventilated spaces;
    Spaces that contain materials or residues of material that can 
cause it to become oxygen deficient; spaces and adjacent spaces that 
contain or have contained combustible or flammable liquids or gases, or 
that contain or previously contained toxic, corrosive, or irritant 
liquids, gases, or solids; and
    Fumigated and adjacent spaces.
    If the space has an oxygen-deficient atmosphere, paragraph (a)(2) 
specifies that employers must label the space ``Not Safe for Workers.'' 
For oxygen-enriched spaces, the label must read ``Not Safe for 
Workers--Not Safe for Hot Work.'' Employers must ventilate these spaces 
with a sufficient volume and flow rate to maintain the oxygen content 
at or above 19.5 percent and below 22.0 percent by volume, at which 
point they may remove the warning label.
    Under paragraph (b)(1), employers must have a competent person 
visually inspect a space or adjacent space for combustible or flammable 
liquids or gases. If such liquids or gases are present, the competent 
person must test the atmospheric concentration prior to worker entry. 
If the concentration is equal to or greater than 10 percent of the 
lower explosive limit (LEL), paragraph (b)(2) specifies that the 
employer must label the space ``Not Safe for Workers--Not Safe for Hot 
Work.'' Employers must provide ventilation at a volume and flow rate 
that maintains the concentration of flammable vapors below 10 percent 
of the LEL; the employer may remove the warning label when the vapors 
reach this level.
    Paragraph (c)(1) mandates that if a space or adjacent space 
contains or previously contained liquids, gases, or solids that are 
toxic, corrosive, or an irritant, employers must have a competent 
person visually inspect the space to determine whether these substances 
are present. If so, the competent person must test the atmospheric 
concentration before a worker may enter the space. Under paragraph 
(c)(2), employers must label the space ``Not Safe for Workers'' if the 
air concentration of these substances exceeds the permissible exposure 
limit (PEL), specified by 29 CFR 1915, subpart Z (``Toxic and Hazardous 
Substances''), or is immediately dangerous to life or health (IDLH). 
Employers must provide a sufficient ventilation volume and flow rate to 
maintain the atmospheric concentration at or below the PEL or below the 
IDLH if there is no PEL, after which they may remove the warning 
labels. Paragraph (c)(3) specifies that if, after ventilation, the 
concentrations are not at or below the PEL or below the IDLH, employers 
must have a Marine Chemist or CIH retest the space until they can 
certify it as ``Enter with Restrictions'' or ``Safe for Workers.''

Training of Employees Entering Confined and Enclosed Spaces or Other 
Dangerous Atmospheres and Training Certification Records (Sec.  
1915.12(d))

    Paragraphs (d)(1) through (d)(4) require employers to train workers 
who enter a confined and enclosed space or other dangerous atmospheres 
so they can perform their duties safely. Workers must receive the 
required training before they begin to work in a confined space, and if 
a change in operations or their duties results in a new hazard not 
previously addressed by the training. Employers must train workers to 
recognize the characteristics of the confined space; anticipate and be 
aware of the hazards that may be present in the space; recognize the 
adverse health effects that exposure to these hazards may cause; 
understand the physical signs and reactions that may result from 
exposure to these hazards; know what personal protective equipment is 
needed for safe entry into and exit from the space; and be aware of and 
know the proper use of barriers that may be needed to protect workers 
from the hazards. In addition, paragraph (d)(3) specifies that workers 
be trained to exit the space if the employer or employer representative 
orders an evacuation, an evacuation signal or alarm is activated, or 
the worker perceives that a dangerous condition exists.
    Under paragraph (d)(5), employers must certify that each worker 
received the required training in accordance with paragraphs (d)(1) 
through (d)(4). The certification is to contain the worker's

[[Page 17450]]

name, the name of the certifier, and the certification date, and be 
available for inspection by OSHA compliance officers, NIOSH, and 
workers and their representatives.

Rescue Teams (Sec.  1915.12(e))

    Under paragraph (e), employers must establish a shipyard rescue 
team, or arrange for an outside rescue team that will respond promptly 
to a request for rescue service. For shipyard-based rescue teams, 
paragraph (e)(1) specifies that employers must provide and train team 
members to use personal protective equipment necessary to make a 
rescue, train each team member to perform his/her rescue functions, 
ensure that the team practices its skills at least annually, and have 
at least one person on a team maintain current first-aid certification. 
If employers use an outside rescue team, paragraph (e)(2) requires the 
employer to inform the members of the team of the hazards they may 
encounter when called to rescue workers from confined and enclosed 
spaces or other dangerous atmospheres at the shipyard facility.

Exchanging Hazard Information Between Employers (Sec.  1915.12(f))

    If an employer has workers who work in confined and enclosed spaces 
or other dangerous atmospheres, this paragraph requires the employer to 
inform other employers whose workers may enter the same space, about 
the hazards, safety rules, and emergency procedures concerning those 
spaces and atmospheres.

Requirements for Performing Cleaning and Cold Work (Sec.  
1915.13(b)(10))

    Paragraph (b)(2) requires that a competent person test the 
concentration of flammable, combustible, toxic, corrosive, or irritant 
vapors within the confined or enclosed space prior to workers beginning 
cleaning or cold work. Paragraph (b)(3) specifies that continuous 
ventilation must be provided at volumes and flow rates sufficient to 
ensure that the concentration of flammable vapor is maintained below 10 
percent of the LEL, and toxic, corrosive, or irritant vapors are 
maintained within the PELs and below IDLH levels. Paragraph (b)(4) 
requires that the competent person conduct testing of the confined or 
enclosed space as often as necessary during cleaning or cold work to 
ensure that air concentrations remain at the levels specified in 
paragraph (b)(3).
    Paragraph (b)(7) requires that the competent person test 
ventilation discharge areas and other areas where discharge vapors may 
collect to determine whether those vapors are accumulating in 
concentrations that are hazardous to workers. If accumulations are 
hazardous, all work in the contaminated areas must be stopped until the 
vapors have dissipated or been removed.
    Paragraph (b)(10) requires that employers post signs in a prominent 
location that prohibit sources of ignition within or near a space that 
previously contained flammable or combustible liquids or gases in bulk 
quantities. Employers must post these signs at the entrance to the 
space, in adjacent spaces, and in the open area adjacent to those 
spaces.

Hot Work Requiring Testing by a Marine Chemist or Coast Guard 
Authorized Person (Sec.  1915.14(a)(1) and (a)(2))

    Under paragraph (a)(1), employers must have a Marine Chemist or a 
U.S. Coast Guard authorized person test and certify a work area as safe 
for hot work if the area is in or on any of the following confined and 
enclosed spaces and other dangerous atmospheres, boundaries of spaces, 
or pipelines: within, on, or immediately adjacent to spaces that 
contain or previously contained combustible or flammable liquids or 
gases or fuel tanks that contain or previously contained fuel; or 
pipelines, heating coils, pump fittings, or other accessories connected 
to spaces that contain or previously contained fuel. Under paragraph 
(a)(2), employers must post the certificate in the immediate vicinity 
of the hot work operation while the operation is in progress. On 
completion of the operation, they must file the certificate for at 
least three months.

Hot Work Requiring Testing by a Competent Person (Sec.  1915.14(b)(1) 
and (b)(2))

    Paragraph (b)(1) specifies that before starting any hot work in or 
on the following spaces or adjacent spaces or other dangerous 
atmospheres, employers must have a competent person test and determine 
that the space does not contain concentrations of flammable vapors 
equal to or greater than 10 percent of the LEL: Dry cargo holds; 
bilges; engine rooms; boiler spaces; vessels and vessel sections; land-
side confined and enclosed spaces; or other dangerous atmospheres not 
requiring certification by a Marine Chemist or Coast Guard authorized 
person. If the concentration of flammable vapors or gases is equal to 
or greater than 10 percent of the LEL in these or adjacent spaces, 
paragraph (b)(2) specifies that the employer must label the space ``Not 
Safe for Hot Work.'' Employers must provide ventilation in the space at 
a volume and flow rate that maintains the concentration of flammable 
vapors below 10 percent of the LEL, after which they may remove the 
warning label.

Alteration of Existing Conditions (Sec.  1915.15(b))

    If a change occurs that may alter the atmospheric conditions within 
a previously tested confined or enclosed space or other dangerous 
atmosphere (e.g., opening a manhole or other closures, adjusting a 
valve that regulates the flow of hazardous materials), paragraph (b)(2) 
requires employers to stop work in the affected space or work area. 
Work may only resume after the affected space or area is visually 
inspected and retested and found to comply with the requirements of the 
subpart (Sec. Sec.  1915.12, 1915.13, 1915.14).

Tests To Maintain the Conditions of a Marine Chemist's or Coast Guard 
Authorized Person's Certificates (Sec.  1915.15(c))

    This paragraph requires employers to ensure that a competent person 
visually inspect and test each space certified as ``Safe for Workers'' 
or ``Safe for Hot Work'' as often as necessary to ensure that the 
atmospheric conditions in the space are maintained within the 
conditions established by the issued certificate.

Change in the Conditions of a Marine Chemist's or Coast Guard 
Authorized Person's Certificates (Sec.  1915.15(d))

    If a competent person finds that the atmospheric conditions in a 
certified space fail to meet the applicable requirements of the 
subpart, employers must stop work in the space until a Marine Chemist 
or Coast Guard authorized person retests the space and issues a new 
certificate.

Tests To Maintain a Competent Person's Findings (Sec.  1915.15(e)); and 
Changes in the Conditions Determined by a Competent Person's Findings 
(Sec.  1915.15(f))

    Paragraph (e) specifies that after a competent person conducts the 
required initial visual inspection and tests and determines that a 
space is safe for worker entry, employers must ensure that the required 
atmospheric conditions are being maintained by having a competent 
person continue to test and visually inspect the space as often as 
necessary. Paragraph (f) specifies that if the atmospheric conditions 
do not meet the requirements of the subpart, employers must stop

[[Page 17451]]

work in the space until conditions in the space are brought into 
compliance.

Warning Signs and Labels (Sec.  1915.16)

    This paragraph establishes protocols for preparing signs and labels 
required in previous paragraphs.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
    <bullet> Whether the proposed information collection requirements 
are necessary for the proper performance of the Agency's functions, 
including whether the information is useful;
    <bullet> The accuracy of OSHA's estimate of the burden (time and 
costs) of the information collection requirements, including the 
validity of the methodology and assumptions used;
    <bullet> The quality, utility, and clarity of the information 
collected; and
    <bullet> Ways to minimize the burden on employers who must comply; 
for example, by using automated or other technological information 
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the collection 
of information (paperwork) requirements necessitated by Subpart A 
(``General Provisions'') and Subpart B (``Confined and Enclosed Spaces 
and Other Dangerous Atmospheres in Shipyard Employment'') of 29 CFR 
part 1915. The Agency is requesting an adjustment decrease of 10 burden 
hours (from 312,774 to 312,764 hours). This decrease is due to a drop 
in the job opening and labor turnover rate from 3.7 percent to 3.2 
percent. The Agency will summarize the comments submitted in response 
to this notice and will include this summary in its request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Subpart A (``General Provisions'') and Subpart B (``Confined 
and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard 
Employment'') (29 CFR part 1915).
    OMB Number: 1218-0011.
    Affected Public: Business or other for-profits; Not-for-profit 
organizations; Federal Government; State, Local or Tribal Government.
    Frequency: On occasion.
    Average Time per Response: Varies from 10 minutes (.17 hour) for a 
secretary to maintain a training certification record to 10 minutes 
(.17 hour) for a supervisory shipyard production worker to update, 
maintain and post either the required roster or statement at each 
shipyard.
    Estimated Total Burden Hours: 312,764.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and 
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows: 
(1) Electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All 
comments, attachments, and other material must identify the Agency name 
and the OSHA docket number for this ICR (Docket No. OSHA-2011-0034). 
You may supplement electronic submissions by uploading document files 
electronically. If you wish to mail additional materials in reference 
to an electronic or a facsimile submission, you must submit them to the 
OSHA Docket Office (see the section of this notice titled ADDRESSES). 
The additional materials must clearly identify your electronic comments 
by your name, date, and docket number so the Agency can attach them to 
your comments.
    Because of security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments. For information about 
security procedures concerning the delivery of materials by hand, 
express delivery, messenger or courier service, please contact the OSHA 
Docket Office at (202) 693-2350, (TTY (877) 889-5627).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting personal information such as social security numbers and 
date of birth. Although all submissions are listed in the http://www.regulations.gov index, 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. 
Information on using the http://www.regulations.gov Web site to submit 
comments and access the docket is available at the Web site's ``User 
Tips'' link. Contact the OSHA Docket Office for information about 
materials not available through the Web site, and for assistance in 
using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, directed the preparation of this 
notice. The authority for this notice is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 4-2010 
(75 FR 55355).

    Signed at Washington, DC on March 23, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-7261 Filed 3-28-11; 8:45 am]
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