Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Notices 58995

30 CFR section Respondents Burden hours Burden hour

cost

75.310 ........................................................................................................................................... 980 7,523 $195,598

75.312 ........................................................................................................................................... 980 99,739 $2,593,214

75.312(c)(d) .................................................................................................................................. 980 3,920 $101,920

75.312(g) ...................................................................................................................................... 980 620 $16,120

75.312(g)(2)(ii) .............................................................................................................................. 23 46 $1,196

75.342 ........................................................................................................................................... 980 10,515 $273,390

75.351(h) ...................................................................................................................................... 60 5,984 $155,584

75.360 ........................................................................................................................................... 980 1,470,667 $38,641,870

75.361 ........................................................................................................................................... 980 7,500 $195,000

75.362 ........................................................................................................................................... 980 642,744 25,709,760

75.363 ........................................................................................................................................... 980 10,224 319,514

75.364 ........................................................................................................................................... 980 410,884 10,767,544

75.370 ........................................................................................................................................... 554 38,226 $1,509,264

75.382 ........................................................................................................................................... 300 15,000 $390,000

Total ................................................................................................................................... 10,737 2,723,592 80,869,974

Frequency: On occasion; quarterly.

Average Time per Response: Varies

from 5 minutes for countersigning

preshift examinations to 16 hours for

updating mine ventilation plans.

Total Burden Cost (capital/startup):

$0.

Total Burden Cost (operating/

maintaining): $194,256.

Comments submitted in response to

this notice will be summarized and/or

included in the request for Office of

Management and Budget approval of the

information collection request; they will

also become a matter of public record.

Dated: October 27, 1997.

George M. Fesak,

Director, Program Evaluation and Information

Resource.

[FR Doc. 97–28918 Filed 10–30–97; 8:45 am]

BILLING CODE 4510–43–M

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

[V–97–1]

Notice of Application for Permanent

Variance From Dixie Divers

AGENCY: Occupational Safety and Health

Administration, Department of Labor.

ACTION: Notice of application for

permanent variance from Dixie Divers.

SUMMARY: This notice announces the

application of Dixie Divers, Inc., for a

permanent variance from the

Occupational Safety and Health

Administration (OSHA) requirements

for the availability and use of

decompression chambers for mixed-gas

diving operations (i.e., 29 CFR

1910.423(b)(2), 29 CFR 1910.423

(c)(3)(iii), and 29 CFR 1910.426(b)(1)).

DATES: The last date for interested

parties to submit comments on the

variance application is December 30,

1997. The last date for affected parties,

including employers and employees, to

request a hearing regarding the variance

application is December 30, 1997.

ADDRESSES: The original and four copies

of written comments and requests for a

hearing must be submitted to: U.S.

Department of Labor, Occupational

Safety and Health Administration,

Office of Variance Determination, Room

N–3653, Attention: Ms. Juanita Jones,

200 Constitution Avenue, N.W.,

Washington, D.C. 20210.

For comments, one original

(hardcopy) and one diskette (51⁄4-or 31⁄2-

inch) in Wordperfect 5.0, 5.1. or 6.1, or

ASCII may be sent to this address;

however, any information not contained

on the diskettes (e.g., studies, articles)

must be submitted in quadruplicate

with the original written comments.

Written comments of 10 pages or less

may be transmitted by facsimile (fax) to

OSHA’s office of Variance

Determination at (202) 219–7068,

provided the original and four copies of

the fax material are sent to OSHA’s

Office of Variance Determination within

the 60day period allowed for comments.

FOR FURTHER INFORMATION CONTACT:

Ms. Juanita Jones, Office of Variance

Determination (see ADDRESSES above),

Telephone: (202) 219–7193, Fax: (202)

219–7068, E–mail:

juanita.jones@osha-no.osha.gov

or the following Regional and Area

Offices:

U.S. Department of Labor—OSHA, 1375

Peachtree Street, N.E., Suite 587,

Atlanta, Georgia 30367, Telephone:

(404) 562–2300, Fax: (404) 562–2295,

E–mail: burgoyne-joanne@dol.gov and

U.S. Department of Labor—OSHA, 5807

Breckenridge Parkway, Suite A,

Tampa, Florida 33610, Telephone:

(813) 626–1177, Fax: (813) 626–7015,

E-mail: larry.falck@tampa.osha.gov.

For an electronic copy of this Federal

Register notice, contact the Labor News

Bulletin Board at (202) 219–4748, or

access OSHA’s web page on the Internet

at http://www.OSHA.gov.

Notice of Application

Dixie Divers, Inc. (hereafter, ‘‘Dixie,’’

‘‘applicant,’’ or ‘‘employer’’), 14601

Orange Avenue, Ft. Pierce, Florida

34945, has applied, pursuant to Section

6(d) of the Occupational Safety and

Health Act of 1970 (29 U.S.C. 655) and

29 CFR 1905.11, for a permanent

variance from the requirements

specified in 29 CFR 1910.423(b)(2), 29

CFR 1910.423(c)(3)(iii), and 29 CFR

1910.426(b)(1) concerning the

availability and use of decompression

chambers during mixed-gas diving

operations.

SUPPLEMENTARY INFORMATION:

I. Background

The addresses of the places of

employment affected by this application

for a permanent variance are diving

training facilities operated by Dixie

Divers, including:

Dixie Divers of Boca Raton, 8241 Glades

Road, Boca Raton, Florida 33434

Dixie Divers of Boynton Beach, 340

North Congress, Boynton Beach,

Florida 33426

Dixie Divers of Coral Springs, 2060

University Drive, Coral Springs,

Florida 33071

Dixie Divers of Deerfield, 1645

Southeast 3rd Court, Deerfield Beach,

Florida 33441

Dixie Divers of Fort Pierce, 1717 South

U.S. Route 1, Fort Pierce, Florida

34950

Dixie Divers of Key Largo, 103400

Overseas Highway, Key Largo, Florida

33037

Dixie Divers of Lakeland, 4120 South

Florida Avenue, Lakeland, Florida

33813
58996 Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Notices

Dixie Divers of Palm Bay, 4651 Babcock

Street, Northeast, Palm Bay, Florida

32905

Dixie Divers of Panama City, 109B West

23rd Street, Panama City, Florida

32405

Dixie Divers of Stuart, 1839 Southeast

Federal Highway, Stuart, Florida

34994

Dixie Divers of Vero Beach, 1833 U.S.

Route 1, Vero Beach, Florida 32960

Dixie Divers of West Palm Beach, 1401

South Military Trail, West Palm

Beach, Florida 33415.

The applicant has certified that

employees who would be affected by

the permanent variance have been

notified of the application for a

permanent variance by posting a copy of

the application at locations where

employee notices are normally posted,

and that the employees have been

informed of their right to petition the

Assistant Secretary of Labor for the

Occupational Safety and Health

Administration for a hearing on the

application.

Regarding the merits of the

application, the applicant states that it

is providing a place of employment at

least as safe and healthful as that

required by 29 CFR 1910.423(b)(2),

1910.423(c)(3)(iii), and 29 CFR

1910.426(b)(1).

Paragraph (b)(2) of 29 CFR 1910.423

requires that:

For any dive outside the no-decompression

limits, deeper than 100 fsw [feet of sea

water], or using mixed gas as a breathing

mixture, the employer shall instruct the diver

to remain awake and in the vicinity of the

decompression chamber which is at the dive

location for at least one hour after the dive

(including decompression or treatment as

appropriate).

Paragraph (c)(3)(iii) of 29 CFR 1910.423

specifies that:

[The decompression chamber shall be]

located within 5 minutes of the dive location.

Paragraph (b)(1) of 29 CFR 1910.426

requires that:

A decompression chamber is ready for use

at the dive location.

The purpose of these standards is to

provide for the rapid treatment of

decompression sickness (DCS) that may

result from breathing mixed gases at

diving depths and durations that require

decompression.

The applicant operates 12 diving

schools; five of the schools are operated

directly by the applicant and seven of

the schools are franchise operations.

The applicant employs 34 recreational

diving instructors, who are highly

skilled and experienced divers, to train

novice divers in recreational diving

knowledge and skills. The same 34

employees also serve as diving guides

and lead groups of sports divers to local

diving sites for recreational purposes.

(The recreational diving instructors and

diving guides are also referred to

hereafter as ‘‘employees’’ or, more

generally, as ‘‘divers.’’)

As recreational diving instructors,

employees train recreational diving

students in conventional diving

procedures and the safe operation of

diving equipment. The diving students

may use an open-circuit, semi-closedcircuit, or closed-circuit self-contained

underwater breathing apparatus

(SCUBA) with compressed-air or a highoxygen breathing-gas mixture during

these training dives. The applicant’s

training program involves both

classroom instruction and practice dives

in which the employees accompany

diving students to ocean depths of zero

to 130 feet of sea water (fsw) for

durations that do not exceed established

no-decompression limits. During these

training dives, the diving instructors

provide underwater instruction in, and

allow the diving students to practice

using, diving procedures and

equipment. A diving instructor may

make as many as three to four training

dives a day while training diving

students either individually or in small

groups.

As diving guides, employees lead

small groups of trained sports divers to

local undersea diving locations for

recreaitonal purposes. The diving

locations are pre-selected by the diving

guide. The diving guide provides the

sports divers with information regarding

the diving site, including hazardous

conditions and safe practices. The

recreational diving groups consist of

sports divers who use open-circuit,

semi-closed-circuit, or closed-circuit

SCUBA with compressed-air or a highoxygen breathing-gas mixture while

diving. In conducting these diving

excursions, the diving guide will dive

for periods that do not exceed

established no-decompression limits at

diving depths ranging from zero to 130

fsw. A diving guide may make as many

as five of these recreational diving

excursions a day.

The applicant proposes to have its

employees use open-circuit, closedcircuit, or semi-closed-circuit SCUBA

supplied with high-oxygen breathinggas mixtures that contain a higher

fraction of oxygen than air. For the

purpose of this application, the term

‘‘high-oxygen breathing-gas mixture’’

refers to any breathing-gas mixture

containing an oxygen fraction of more

that 22 percent (22%) by volume; the

maximum oxygen fraction is 40 percent

(40%) by volume for open-circuit

SCUBA, and never exceeds an oxygen

partial pressure delivered to the diver of

1.40 ATA (atmospheres absolute) for

any SCUBA.

The high-oxygen breathing-gas

mixture is obtained by mixing pure

nitrogen with pure oxygen, removing

oxygen from air for mixing with pure

nitrogen, adding pure oxygen to air, or

by denitrogenating air. Employees who

use high-oxygen breathing-gas mixtures

will be able to make more or longer

repetitive-training and/or excursion

divers than they would using

compressed-air open-circuit SCUBA

(their current mode of operation)

because the higher oxygen and lower

nitrogen levels of these breathing-gas

mixtures will extend the nodecompression limits of these dives

compared to repetitive-training and/or

excursion dives made using breathing

gases composed only of air. The use of

closed-circuit and semi-closed-circuit

SCUBA will also enable employees to

make repetitive-training and/or

excursion dives without continually

refilling the cylinders that contain the

breathing-gas mixture, as is the case

currently when open-circuit SCUBA is

used.

According to the applicant, the

employees covered by this variance

application will receive a level of

protection that is equal to, or greater

than, the level of protection they receive

when they use compressed air supplied

to open-circuit SCUBAs under nodecompression diving limits as

permitted by the exemption to the

Commercial Diving Operations standard

at 29 CFR 1910.401(a)(2)(i).

Since OSHA first published the

Commercial Diving Operations standard

in 1977, diving equipment (including

dive-decompression computers),

decompression tables, training, and

safety programs have steadily improved.

Consequently, the overall safety

performance of recreational diving has

improved substantially. According to

the data discussed in Reference A, the

fatality rate for recreational diving as a

whole (including non-work, recreational

diving) has fallen from 8.62 fatalities per

100,000 divers in 1976 to 2.09–2.68

fatalities per 100,000 divers in 1991.

In the preamble to the Commercial

Diving Operations standard (42 FR

37650), OSHA noted that high-oxygen

breathing-gas mixtures were being

developed by the National Oceanic and

Atmospheric Administration (NOAA),

but had not yet (in 1977) been made

available to the recreational diving

community. This technology increases

the fraction of oxygen contained in the

breathing-gas mixture, thereby exposing

divers using this breathing-gas mixture

to a decreased fraction of nitrogen.
Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Notices 58997

During the 1980s, NOAA published

diving procedures, including

decompression protocols, for dives

using high-oxygen breathing-gas

mixtures. (See Reference B.)

While the percentage of oxygen in

breathable air is 19.5–22.0 (see Gas

Association Commodity Specification

G–7.1–1966), the percentage of oxygen

in high-oxygen breathing-gas mixtures

for open-circuit SCUBA typically ranges

from 28 to 40. By increasing the fraction

of oxygen in the breathing-gas mixture,

the driver’s bodily tissues accumulate

less nitrogen during a dive. As a result,

the mathematical probability of

developing decompression sickness

(DCS) is reduced compared to divers

who use compressed air under the same

diving conditions (i.e., depth, bottom

time, and descent and ascent rates). (See

Reference C.)

Regardless of the diving equipment

used (e.g., open-circuit SCUBA, surfacesupplied air), paragraph 29 CFR

1910.423(b)(2), 29 CFR

1910.423(c)(3)(iii), and 29 CFR

1910.426(b)(1) of OSHA’s Commercial

Diving Operations standard require a

decompression chamber at the diving

site if a diver is supplied with highoxygen breathing-gas mixtures; these

requirements apply even if the dive

does not involve decompression stops

(i.e., is a no-decompression dive). Dixie

believes, however, that the reduced

mathematical probability of DCS that

results from the use of high-oxygen

breathing-gas mixtures under the

conditions specified in this variance

application will provide a level of safety

to its employees that is equivalent to the

level of safety they experience when

they use open-circuit, compressed-air

SCUBA within the no-decompression

limits. Dixie asserts, therefore, that

maintaining a decompression chamber

at the dive location should not be

required if it complies with the

alternative conditions specified in this

variance application.

II. Proposed Alternative

Instead of complying with the

standard, the applicant contends that

the specific safety procedures and

technical provisions set forth in the

variance application make the need for

immediate access to a decompression

chamber no greater than would be in the

case when its divers use open-circuit,

compressed-air SCUBA within the nodecompression diving limits as

specified in the exemption to the

Commercial Diving Operations standard

under the provisions of 29 CFR

1910.401(a)(2)(i). These procedures and

provisions are described in each of the

following conditions:

A. High-oxygen breathing-gas

mixtures shall be supplied using opencircuit, closed-circuit, or semi-closedcircuit SCUBA. If the divers use a

closed-circuit or semi-closed-circuit

SCUBA, this diving equipment must

use:

1. Commercially-available disposable

scrubber cartridges prepacked with

sorbents that remove carbon dioxide

and maintain the carbon-dioxide level

in the breathable gas (i.e., the gas being

inhaled directly by the diver from the

regulator) below a partial pressure of 0.1

ATA. An alternate scrubber method may

be used provided the employer

demonstrates that this method is equal

in effectiveness to commerciallyavailable disposable scrubber cartridges

in removing carbon dioxide and

maintaining the carbon-dioxide level in

the breathable gas below a partial

pressure of 0.1 ATA.

2. Redundant, continuouslyfunctioning carbon-dioxide sensor,

moisture traps, an over-pressure valve,

and redundant, continuouslyfunctioning moisture sensors, or an

equivalent method that provides

immediate and accurate detection of

depleted scrubber sorbent or scrubber

sorbent that has been compromised by

moisture contamination.

3. Flexible breathing bags (i.e.,

‘‘counter lungs’’).

4. An open-circuit (‘‘bail-out’’) system

in which the second stage of the SCUBA

regulator is connected to a separate

supply of emergency breathing gas, or

for semi-closed-circuit and closedcircuit SCUBA, a diluent supply of

emergency breathing gas, in the event

the SCUBA malfunctions (e.g., fails to

provide a breathable oxygen level or to

maintain carbon dioxide below 0.1

ATA). The bail-out system shall be at

least as reliable as other commerciallyavailable open-circuit SCUBA, and

contain a supply of breathable air or a

high-oxygen breathing-gas mixture

sufficient to last 3 to 4 minutes at 130

fsw.

5. An information module that

provides:

a. For closed-circuit SCUBA, digital

and/or graphical displays for: gas

pressures (including oxygen partial

pressures) and/or deviations from the

preset values for this information; time

(i.e., surface time, dive time remaining,

required ceiling stop times, and total

ascent time); depth (i.e., current depth,

maximum depth achieved, and required

ceiling stop depth); gas temperature

within the breathing loop; and ascent

and decent rates.

b. For semi-closed circuit SCUBA,

analog and/or digital displays for: gas

pressures; time (i.e., surface time, dive

time remaining, required ceiling stop

times, and total ascent time); and ascent

and decent rates.

c. For both closed-circuit and semiclosed-circuit SCUBA, flashing displays

and symbols in the data-display

module, audible alarms, or visual

displays in the mask sufficient to warn

the diver of: solenoid failure (when

solenoids are used); low battery voltage

(for electronic instruments); excessive

ascent and descent rates; depth levels

that are shallower than the required

ceiling stop depth; and, for closedcircuit SCUBA only, oxygen partial

pressures that are below or exceed the

planned oxygen levels (e.g., exceed an

oxygen partial pressure delivered to the

diver of 1.40 ATA).

B. Closed-circuit SCUBA also must

use:

1. Oxygen and diluent gas (i.e., air or

nitrogen) supply-pressure sensors,

depth sensors, continuously-functioning

and redundant temperaturecompensated oxygen sensors, and

continuously-functioning gas-loop and

ambient water-temperature sensors.

2. A gas-controller package with

electrically-operated solenoid oxygensupply valves and a pressure-activated

regulator with a second-stage diluentgas addition valve.

3. A manually-operated, gas-supply

bypass valve to add oxygen or diluent

gas to the breathing loop.

4. Separate oxygen and diluent-gas

cylinders to supply the breathing-gas

mixture.

C. Regardless of the SCUBA used (i.e.,

open-circuit, closed-circuit, or semiclosed-circuit), the fraction of oxygen in

the high-oxygen breathing-gas mixture

shall be greater than the fraction of

oxygen in compressed air, with a

maximum fraction of breathable oxygen

of 40 percent (40%) by volume for opencircuit SCUBA, but never to exceed a

maximum oxygen partial pressure

delivered to the diver of 1.40 ATA for

any SCUBA.

D. Regardless of the SCUBA used, the

diver shall dive no deeper than 130 fsw.

or to a maximum oxygen partial

pressure delivered to the diver of 1.40

ATA, whichever is most restrictive.

E. The employer shall ensure that the

divers’ exposures to partial pressures of

oxygen between 0.60 and 1.40 ATA

(delivered to the diver) do not exceed

the 24-hour single-exposure time limits

specified by the 1991 NOAA Diving

Manual or other oxygen-exposure limits,

such as the Diving Science and

Technology (DSAT) Oxygen Exposure

Table, that provide a level of oxygentoxicity protection at least equivalent to

the level of protection afforded by the

1991 NOAA Diving Manual. (See
58998 Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Notices

Reference D.) In using these tables, time

limits shall be determined as the

function of the maximum partial

pressure of oxygen to which the diver

was exposed during the dive, as well as

the total time of the dive (i.e., from the

time the diver leaves the surface until

that diver returns to the surface), not the

total bottom time of the dive.

F. Nitrogen shall be the only inert gas

used to obtain the breathing-gas

mixture.

G. The conditions listed below apply

to mixing and analyzing the highoxygen breathing-gas mixtures:

1. If the breathable gas is a highoxygen mixture compounded by the

employer, the follow procedures apply:

a. Either the continuous-flow or

partial-pressure mixing techniques

specified in the 1991 NOAA Diving

Manual or a semi-permeable membrane

shall be used to compound the

appropriate breathing gas prior to

delivery to the SCUBA cylinders.

b. For open-circuit and semi-closedcircuit SCUBA , the oxygen fraction of

the breathing-gas mixture must be

analyzed by the employer using a

oxygen analyzer (e.g., consisting of a

fuel-cell process the oxidizes a chemical

to produce an electrical output

proportional to the oxygen content) that

is accurate to within one percent (1%)

by volume.

c. For closed-circuit SCUBA, the

oxygen fraction used in the breathing

loop must be analyzed by the employer

to an accuracy within one percent (1%)

by using redundant temperaturecompensated electromechanical sensors

(e.g., consisting of electrodes that absorb

oxygen that is used to form ions that

react with counter electrodes and

produce electrical outputs proportional

to the oxygen fraction).

d. The accuracy of the equipment

used by the employer to analyze the

oxygen fraction shall be maintained in

accordance with the manufacturer’s

instructions.

2. If the breathable gas is procured

(purchased) high-oxygen breathing-gas

mixture, the employer must ensure that:

a. The commercial supplier of the gas

mixture analyses and documents the

oxygen fraction of the mixture, and uses

an oxygen-analytic method at least as

accurate and reliable as the methods

specified in Condition G.1 above;

b. The commercial supplier provides

certification of the oxygen analysis; and

c. The oxygen used in the highoxygen breathing-gas shall be Grade A

(aviator’s oxygen) or Grade B

(Industrial/medical oxygen), and shall

meet the specifications, including the

purity requirements, found in the 1991

NOAA Diving Manual. These

specifications shall be analyzed using a

method at least as accurate and reliable

as the method described under

Condition G.1 above, and the employer

must obtain from the commercial

supplier of the breathing-gas mixture a

certification document to this effect.

H. If the employer uses a compressor

to produce the high-oxygen breathinggas mixture, the compressor shall be oilless or the compressed-air shall be

filtered to produce oxygen-compatible

air.

I. SCUBA exposed to high-pressure

(i.e., exceeding 300 psi) high-oxygen

breathing-gas mixtures and/or pure

oxygen must be rated for oxygen service

(i.e., use components that are oxygen

compatible and oxygen clean).

J. For both single and repetitive diving

conducted while using a high-oxygen

breathing-gas mixture, the diver shall

remain within the no-decompression

limits specified for such diving. The nodecompression limits shall be

determined from decompression tables

and formulas developed for single and

repetitive air diving and published in

the 1991 NOAA Diving Manual. The

employer may use other decompression

tables, formulas, and/or principles for

their purpose provided the employer

demonstrates that these tables, formulas,

and/or principles are equivalent to, or

better than, the NOAA tables and

formulas.

K. The employee may wear and use

an underwater dive-decompression

computer designed to regulate

decompression procedures provided

that:

1. The dive-decompression computer

uses decompression procedures that are

based on the no-decompression tables or

formulas specified in Condition J above;

2. The output from the divedecompression computer can be

demonstrated by the employer to

provide its divers with protection that is

equivalent to the tables or formulas

specified in Condition J above;

3. A log is maintained at the dive site

that records, for each dive, ‘‘Left Surface

Time,’’ ‘‘Reached Surface Time,’’

‘‘Maximum Depth,’’ ‘‘Manufacturer and

Model Number of the DiveDecompression Computer,’’ and ‘‘Serial

Number of Dive-Decompression

Computer’’; and

4. Decompression tables are available

at the dive site for use in case the divedecompression computer fails, is

damaged, or is lost.

L. Regardless of the SCUBA used, the

employer shall confirm prior to each

day’s diving operations in which a highoxygen breathing-gas mixture is

supplied by the diver’s SCUBA that the

following resources are available to treat

a diving-related medical emergency

(e.g., DCS, air embolism) that may occur

to a diver who uses such a breathing-gas

mixture:

1. A hospital, qualified health-care

professionals, and the nearest Coast

Guard Coordination Center (or the State

or Municipal equivalent), with a list of

telephone or call numbers for these

health-care professionals and facilities

being maintained at the dive site; and

2. If a decompression chamber is not

at the dive site, access and

transportation to a decompression

chamber must be available, with the

transportation being capable of

delivering the diver having a divingrelated medical emergency to the

decompression chamber within two

hours of the injury.

M. Portable oxygen equipment with a

transparent mask shall be available at

the dive site to treat the diver who has

a diving-related medical emergency; the

oxygen shall be available for

administration to the diver during the

entire period the diver is being

transported to a decompression

chamber.

N. At least two personnel, one of

whom shall be a diver employed by the

applicant and both of whom are

qualified in first-aid and in the

administration of treatment oxygen,

shall be available at the dive site to

provide emergency treatment for divingrelated medical emergencies.

O. The employer shall ensure that the

employees covered by this variance

application are divers who are certified

by a training agency recognized by the

recreational diving industry and who

perform the functions of recreational

diving instructors or diving guides. The

divers must be qualified by such an

agency to use the SCUBA and highoxygen breathing-gas mixtures relevant

to their recreational diving operations.

P. The employer shall ensure that the

divers covered by this variance

application conform with the

recreational diving practices specified

in the instructor training manual

currently used by the certified training

agency with which the diver is

affiliated, to the extent that these

practices are consistent with the

conditions specified above in this

variance application.

III. Rationale for the Proposed

Alternative

The applicant provided a rationale for

each of the conditions specified above

in the proposed alternative; this section

presents this rationale.
Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Notices 58999

Conditions A and B

These conditions allow the use of

closed-circuit and semi-closed-circuit

SCUBA, in addition to traditional opencircuit SCUBA. While the safety of

open-circuit SCUBA for use by

recreational diving instructors is

acknowledged by OSHA under the

exemption provision to its Commercial

Diving Operations standard at 29 CFR

1910.401(a)(2)(i), this provision made

no reference to closed-circuit or semiclosed-circuit SCUBA because such

equipment was not available or in

common use by recreational diving

instructors when OSHA’s Commercial

Diving Operations standard was

promulgated in 1977. Closed-circuit and

semi-closed-circuit SCUBA is now

available for use by recreational divers,

although data related to the reliability

and safety of such equipment are

difficult to obtain because its use by

recreational divers is still uncommon.

Conditions A and B specify a number of

technical features (including manuallyoperated ‘‘bail-out’’ systems) that will

ensure that such SCUBA supplies and

maintains the appropriate breathing-gas

mixture to the divers, thereby providing

them with a degree of safety that is at

least as protective as they would obtain

using compressed-air, open-circuit

SCUBA under no-decompression diving

limits.

Conditions A and B require closedcircuit and semi-closed-circuit SCUBA

to operate so as to: automatically inject

oxygen into the breathing loop to

maintain an oxygen partial pressure in

the breathable gas (i.e., delivered to the

diver) of 0.95 to 1.40 ATA;

automatically add diluent gas through

the regulator to compensate for

decreases in gas volume during descent;

and permit these functions to be

performed manually by the diver using

gas-supply bypass valves provided on

the equipment. These conditions will

maintain oxygen levels in the breathable

gas within the range of partial pressures

specified by Condition E above, and will

ensure that sufficient breathing-gas

pressure is available to deliver

breathable gas to the diver without

adversely affecting the diver’s breathing

effort.

These conditions also will prevent the

diver from breathing unsafe levels of

carbon dioxide by requiring the use of

proven sorbent systems, continuouslyfunctioning control systems, and

information displays that inform the

diver of the SCUBA’s status. Should

carbon dioxide in closed-circuit SCUBA

exceed planned levels, a visual display

and auditory warning will be activated

so that the diver is alerted to take

corrective action. Semi-closed-circuit

SCUBA equipment shall provide the

diver with an equivalent method for

ensuring that the scrubber absorbent

does not deplete, thereby avoiding

excessive carbon-dioxide build-up.

Providing a means to manually override

these functions (i.e., the ‘‘bail-out’’

mode) ensures that a diver can maintain

an adequate supply of air or highoxygen breathing-gas mixture to return

to the surface should problems develop

with the closed-circuit or semi-closedcircuit SCUBA. The ‘‘bail-out’’

capability, therefore, will provide an

effective means for divers using closedcircuit or semi-closed-circuit SCUBA to

ascend to the surface in a manner that

duplicates the safety advantages of

open-circuit SCUBA, and to do so with

an adequate margin of safety (i.e., well

within the specified ascent rates).

Conditions C to E

While high partial pressures of

oxygen can be poisonous or toxic when

breathed by divers, current information

indicates that oxygen toxicity is not a

hazard if high-oxygen breathing-gas

mixtures are used within the limits

specified under Conditions C and D

above (i.e., at or less than a diving depth

of 130 fsw equivalent, with a maximum

oxygen partial pressure delivered to the

diver of 1.40 ATA). (See, also,

References B and C.) Conditions C and

D, therefore, limit the maximum fraction

of breathable oxygen to 40 percent

(40%) by volume when using opencircuit SCUBA, regardless of the diving

depth or oxygen partial pressure, and

restricts the use of high-oxygen

breathing-gas mixtures to diving depths

of 130 fsw or a maximum oxygen partial

pressure delivered to the diver of 1.40

ATA, whichever is most restrictive.

When employees are breathing

oxygen partial pressures between 0.6

and 1.4 ATA in the high-oxygen

breathing-gas mixture, Condition E

specifies that the employer shall comply

with the 24-hour oxygen-exposure

limits of the 1991 NOAA Diving Manual

or other oxygen-exposure limits that are

equivalent to the 1991 NOAA Diving

Manual oxygen-exposure limits in terms

of protecting divers from oxygen

toxicity when they are exposed to

partial pressures of oxygen between 0.6

and 1.4 ATA in the high-oxygen

breathing-gas mixture. For the purposes

of this variance application, the Diving

Science and Technology (DSAT)

Oxygen Exposure Table provides such

protection. When the employer chooses

to use oxygen-exposure limits other

than the NOAA or DSAT limits, the

employer must be able to demonstrate

that these oxygen-exposure limits are

equivalent to, or better than, the 1991

NOAA Diving Manual with regard to

protecting divers from oxygen toxicity

when they are exposed to partial

pressures of oxygen between 0.6 and 1.4

ATA in the high-oxygen breathing-gas

mixture. The provisions of Condition

(E), therefore, will ensure that the

probability of oxygen-induced central

nervous system or pulmonary toxicity is

not materially greater than would occur

when using open-circuit, compressedair SCUBA under the no-decompression

limits.

A maximum oxygen partial pressure

delivered to the diver of 1.40 ATA

delivered to the diver is specified under

Condition D because this limit is well

within the normal oxygen partialpressure exposure limits adopted by

NOAA. Under the NOAA limits, the

maximum total exposure duration to

oxygen at a partial pressure (delivered

to the diver) of 1.40 ATA must not

exceed 180 minutes during any 24-hour

period. (See Reference B.) Condition E

also refers to the oxygen-exposure limits

in the DSAT Oxygen Exposure Table.

The DSAT Oxygen Exposure Table is

more conservative (i.e., more protective

of divers) than the 24-hour oxygen

limits promulgated by NOAA; for

example, at an oxygen partial pressure

delivered to the diver of 1.40 ATA, the

DSAT Oxygen Exposure Table allows a

total exposure of 150 minutes during

any 24-hour period, versus 180 minutes

permitted under the NOAA limits. (See

Reference D.)

Condition E also specifies that the

time limits in the DSAT Oxygen

Exposure Table be defined in terms of

the total time of the dive (i.e., from the

time the diver leaves the surface until

the diver returns to the surface), which

is more protective of divers than if the

period is limited to the bottom time of

the dive (i.e., from the time the diver

leaves the surface until the diver leaves

the bottom). The employees covered by

this variance application will, therefore,

be required to limit the time they spend

at the maximum and intermediary

depths so they can remain within these

time limits; this procedure will reduce

their exposure to hyperbaric and

hyperoxic conditions, and,

consequently, provide them with an

added measure of protection from DCS

and oxygen toxicity.

The U.S. Navy has reported no cases

of central nervous system toxicity, and

only two cases of pulmonary toxicity,

among Navy divers exposed to oxygen

partial pressures of 1.40 ATA. (See

Reference E.) The two cases of

pulmonary toxicity, however, resulted

after the divers had been exposed to the

hyperoxic conditions for a total of 55
59000 Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Notices

hours over a 3-day period, far in excess

of the maximum time limit that would

be used by recreational divers, or

permitted under the DSAT Oxygen

Exposure Table.

Only a single case of central nervous

system toxicity, and no cases of

pulmonary toxicity, have been

documented among civilian divers

exposed to an oxygen partial pressure of

1.40 ATA. (See Reference F.) The single

documented case of central nervous

system toxicity involved a civilian

technical sport diver who took an

overdose of pseudoephedrine

hydrochloride, a decongestant, prior to

exposure to an oxygen partial pressure

of 1.40 ATA; the resulting central

nervous system seizures may well have

been caused by the drug overdose, not

oxygen toxicity alone.

The U.S. Navy is considering a

maximum oxygen partial pressure limit

of 1.30 ATA, apparently in response to

the two pulmonary-toxicity cases

described in the preceding paragraph.

The 1.30–ATA limit is for use on dives

in which the diver remains at the

maximum depth for extended periods of

time; these dives typically require

decompression. Application of this limit

to Dixie’s employees who use highoxygen breathing-gas mixtures is

inappropriate because Dixie’s

employees will be limited to nodecompression diving. To ensure that

the applicant’s employees obtain the

added protection that results from shortduration dives, Condition J of this

variance application permits only nodecompression dives.

Condition F

The mathematical probability of DCS

is elevated with increases in diving

depth and duration, and if the diver

uses breathing-gas mixtures consisting

of oxygen at reduced partial pressures

and high partial pressures of a diluent

gas (especially helium). Consequently,

Condition D limits diving to 130 fsw or

to a maximum oxygen partial pressure

delivered to the diver of 1.40 ATA

(whichever condition is most

restrictive), while Condition F restricts

the inert gas used to obtain the

breathing-gas mixture.

Condition G

This condition was adopted to ensure

that the oxygen used in the high-oxygen

breathing-gas mixture is safe and

effective, and appropriate for use under

no-decompression diving conditions. To

remain safe and effective, the nodecompression limits used in the NOAA

no-decompression diving tables (see

Condition J below) require that

breathing gases be properly mixed to an

accuracy of no less than one percent

(1%) by volume. Consequently, the

high-oxygen breathing-gas mixtures

must be compounded using the

techniques specified in Condition G.1.

In addition, the fraction of oxygen in the

high-oxygen breathing-gas mixtures

used with open-circuit SCUBA, and the

fraction of oxygen in the breathing-gas

loop of closed-circuit and semi-closedcircuit SCUBAs, shall be analyzed to an

accuracy of one percent (1%) by

volume. Analysis of the oxygen fraction

shall be accomplished using, at a

minimum, one of the oxygen-analysis

methods specified by this condition.

Also, the manufacturer’s instructions

shall be used to maintain the reliability

of the oxygen-analysis method. If the

breathing-gas mixtures are compounded

by a commercial supplier, the employer

must obtain from the commercial

supplier a certification document

attesting to the fraction of oxygen, the

method used to analyze the oxygen

fraction, and the procedures followed to

maintain the reliability of the analytic

method.

Pure oxygen that is supplied

commercially to the employer must be

Grade A (aviator’s oxygen) or Grade B

(industrial/medical oxygen). The

employer must obtain from the

commercial supplier a certification

document attesting that the oxygen is at

least 99.5% pure as specified by

paragraph 15.3.3. of the 1991 NOAA

Diving Manual. The employer must also

receive from the commercial supplier

certification that, at a minimum, one of

the oxygen-analysis methods specified

in Condition G.1 was used to analyze

the oxygen fraction, and that the

manufacturer’s instructions were

followed to maintain the reliability of

the analytic method. Again, these

requirements will ensure that only

oxygen sufficient to maintain a diver’s

health and safety will be used by the

applicant’s employees.

Conditions H and I

These conditions require that oil-less

compressors or compressed air filtered

to produce oxygen-compatible air be

used to obtain the high-oxygen

breathing-gas mixtures, and that SCUBA

equipment exposed to high-pressure

(i.e., exceeding 300 psi) high-oxygen

breathing-gas mixtures and/or pure

oxygen be rated for oxygen service.

These conditions will reduce the chance

of fires and explosions by preventing

petroleum by-products from serving as

an ignition source during mixing

procedures involving elevated levels of

oxygen.

Conditions J

The variance application requires that

the applicant’s employees remain

within the no-decompression limits

specified by decompression tables for

single and repetitive air diving

developed and published in the 1991

NOAA Diving Manual; the employer

may use other decompression tables,

formulas, and/or principles for this

purpose provided the employer

demonstrates that these tables, formulas,

and/or principles are equivalent to, or

better than, the NOAA decompression

tables and formulas. This condition was

adopted to achieve an equivalent or

lower mathematical probability of DCS

when compared to recreational diving

instructors covered by paragraph 29

CFR 1910.401(a)(2)(i) of the OSHA’s

Commercial Diving Operations

standard. Consequently, this condition

eliminates the need for a decompression

chamber at the dive site, provided that

the other conditions specified in the

variance application are followed.

Condition K

When OSHA adopted the Commercial

Diving Operations standard in 1977,

divers typically relied on printed diving

tables to plan their dives, and nodecompression limits were developed

under the assumption that a diver

would remain at one planned depth for

the duration of the dive (i.e., ‘‘squarewave’’ diving). No-decompression limits

for a subsequent dive made within 12

hours of a previous dive were

determined using special extensions of

the decompression tables; these

extensions required that tedious and

time-consuming calculations be made

by hand. Consequently, any errors

resulting from these calculations placed

the diver at an increased probability of

developing DCS.

Underwater dive-decompression

computers, which were not widely

available in 1977, are now commonly

used by recreational divers to perform

no-decompression calculations

automatically; these calculations are

based on diver’s previous multi-level

diving profiles, inclusive of diving

depth and duration. The time remaining

for subsequent no-decompression dives

(i.e., the adjusted no-decompression

limit) is accessible to the diver

throughout the dive via the liquid

crystal display (LCD) screen on a

module that, typically, has been

incorporated into an instrument console

mounted on the end of the submersible

pressure-gauge hose, or worn separately

on the diver’s wrist. This feature

eliminates the need to calculate nodecompression limits manually, and to
Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Notices 59001

remember the depths and durations

allowed for subsequent repetitive nodecompression dives. Divedecompression computers, therefore,

provide divers with continuous and

instant access to adjusted nodecompression diving limits. This

information can be used to plan

subsequent repetitive dives by

determining the no-decompression time

remaining. Dive-decompression

computers may also calculate and

display, either digitally or graphically,

the diver’s: vertical ascent rate, which

assists them in maintaining safe and

controlled ascents to the surface; and

breathing-gas consumption rates and

oxygen loadings, either for single dives

or over 24-hour periods, which aids

divers in planning their subsequent

diving activities.

After a diver reaches the surface, a

dive-decompression computer

automatically transfers the data

collected during the dive into an

electronic log that can be accessed and

viewed on the LCD screen, and then

entered in the diver’s log book. Many

dive-decompression computers also

store the profile data of a dive (e.g.,

depths, times) for subsequent

downloading to personal computers;

once downloaded into a personnel

computer, the data can be displayed in

a tabular or graphic format, and

manipulated for statistical purposes.

This feature also enables analysis of

precise dive-profile data in the event of

a diving accident.

In summary, dive-decompression

computers assist divers in decreasing

their exposure to excessive ascent rates,

oxygen toxicity, and DCS that could

result from errors in calculating

repetitive no-decompression diving

schedules manually. Also, dive-profile

information can be stored for

subsequent viewing and downloading,

thereby preventing errors that may

result if the divers fail to record the

information, or do so erroneously.

Condition K, therefore, permits the

applicant’s employees to use divedecompression computers to avoid the

calculation and recording errors that

could be made in determining adjusted

no-decompression diving limits.

To ensure that the decompression

schedules calculated by the divedecompression computers are valid (i.e.,

conform to NOAA no-decompression air

tables or formulas, or other equivalent

tables, formulas, and/or principles as

the basis of the decompression

calculations. In addition, Condition K.2

specifies that these calculations must

reliably represent the tables, formulas,

and/or principles (i.e., the results

determined by the dive-decompression

computer for decompression stops,

ascent and descent rates, and surfaceinterval determinations must be the

same results that would be obtained

using the model, formula and/or

principles on which the divedecompression computer calculations

are based).

Conditions K.3 and K.4 have been

included to provide backup procedures

should the results calculated by the

dive-decompression computer be lost or

become unavailable for some reason.

The information obtained under

Condition K.3 can serve to reconstruct

the diving schedule used previously by

a diver, as well as assess the reliability

of dive-decompression computers for

dives that involve a diving-related

medical emergency. Condition K.4 will

provide the diver with immediatelyaccessible decompression information

when such information is not available

from the dive-decompression computer.

The provisions of Condition K will

ensure that: the decompression

procedures calculated by divedecompression computers are accurate

and appropriate to the diving conditions

specified in the variance application;

the reliability of the dive-decompression

computer has been determined; and

decompression information is readily

accessible if the dive-decompression

computer fails, is lost, or is damaged.

These provisions, together with the

detailed operating instructions provided

by the manufacturers of divedecompression computers, will ensure

that dive-decompression computers are

used appropriately. Consequently, the

dive-decompression computers will

improve diver safety by reducing errors

made in determining decompression

schedules.

Conditions L to N

As noted in the earlier discussion of

Conditions C to E, the mathematical

probability of DCS resulting from the

use of open-circuit, closed-circuit, or

semi-closed-circuit SCUBA supplied

with high-oxygen breathing-gas

mixtures is expected to be lower than

the DCS incidence associated with the

use of open-circuit, compressed-air

SCUBA. Nevertheless, the divers

covered by this variance application

will receive added protection from DCS

by implementing the measures

described under Conditions L to N. The

procedures specified in Conditions L to

N will ensure that decompression

chambers and other medical facilities

have been identified and are available

should a diving-related medical

emergency occur at the dive site.

Requiring the employer, under these

conditions, to plan and prepare for

diving-related medical emergencies will

provide the divers covered by this

variance application with an additional

margin of safety compared to divers

who experience DCS and other divingrelated medical emergencies while

using open-circuit, compressed-air

SCUBA.

Conditions O and P

Condition O requires the applicant to

hire and use only divers who, when

they dive under the conditions specified

in the variance application, have been

certified by a diving training agency that

is recognized by the recreational diving

industry as possessing the qualifications

necessary to effect the conditions

specified in the variance application;

the divers must also be capable of

conducting dives consistent with these

conditions. In addition, the employees

must perform the functions of

recreational diving instructors or diving

guides when they dive under the

conditions specified in the variance

application. Condition O provides

general uniformity to the diver

qualification and training process, as

well as quality control over the

certifying agencies.

The applicant states that the

requirements of Conditions O and P will

ensure that the employees covered by

this variance application are trained to

perform diving procedures, use diving

techniques, and operate diving

equipment in a manner that is

acknowledged by the recreational diving

industry as being safe and effective, and

that are consistent with the conditions

specified in the variance application.

IV. References

Copies of the following references can

be obtained from Ms. Juanita Jones at

OSHA’s Office of Variance

Determination (see FOR FURTHER

INFORMATION CONTACT above).

A. Richardson, D. (1995). An

Assessment of Risk for Recreational

Dive Instructors at Work. Undersea

Journal, 2nd quarter, p. 14.

B. National Oceanic and Atmospheric

Administration (1991). NOAA Diving

Manual: Diving for Science and

Technology, Chapter 15. U.S.

Government Printing Office,

Washington, D.C.

C. Hamilton, R.W. (1996). Justification

for Allowing Recreational Divers To Use

Oxygen-Enriched Air. Prepared for

International PADI (Professional

Association of Diving Instructors or

‘‘PADI’’), Inc., Santa Ana, California.

D. Diving Science and Technology

(1995). Analysis of Proposed Oxygen

Exposure Limits for DSAT Oxygen

Exposure Table Against Existing
59002 Federal Register / Vol. 62, No. 211 / Friday, October 31, 1997 / Notices

Database of Manned Oxygen Test Dives.

Enriched Air Resource Guide. PADI,

Santa Ana, California.

E. Hornsby, A. (1996). Response to

OSHA Draft Variance Application. Cited

on p. 2 of a facsimile dated October 11,

1996 to Mr. Bill Ford of Patton Boggs,

L.L.P., from PADI, Santa Ana,

California.

F. See Reference E, p. 3.

V. Additional Information

Copies of this variance application are

available from OSHA’s Office of

Variance Determination or the Regional

and Area Offices listed above under FOR

FURTHER INFORMATION CONTACT, or

through the Labor News Bulletin Board

at (202) 219–4748 or OSHA’s web page

on the Internet at http://

www.OSHA.gov.

All interested parties, including the

employers and employees, who believe

they may be affected by the approval or

denial of the variance application are

invited to submit written data, views,

and arguments relating to this

application no later than December 30,

1997.

Under 29 CFR 1905.15, interested

parties, including the employers and

employees, who believe they may be

affected by the grant or denial of this

variance may request a hearing on the

variance application no later than

December 30, 1997. The original and

four copies of written comments and

requests for a hearing must be addressed

to OSHA’s Office of Variance

Determination; for further information

on submitting comments and requests

for a hearing, see ADDRESSES above.

VI. Issues

In submitting comments on the

variance application, OSHA invites the

public to submit information (e.g.,

reports, case histories, statistical

analyses, data) and specific comments

and rationale on the following issues:

A. Differences between recreational

diving instructors and diving guides in

the underwater tasks and type of diving

they perform, and the relationship of

such differences to an increased

probability of experiencing divingrelated medical problems;

B. In general, the health and safety

effectiveness of closed-circuit and semiclosed-circuit SCUBA if used under the

conditions specified in the variance

application;

C. In general, the health and safety

protection afforded by high-oxygen

breathing-gas mixtures, if used under

the conditions specified in the variance

application;

D. The health and safety protection

provided to divers using the carbondioxide scrubber, sensor, and other

control measures described in

Conditions A.1 and A.2 of the variance

application;

E. The adequacy of the ‘‘bail-out’’

provisions specified in Condition A.4 of

the variance application;

F. The engineering and maintenance

reliability of closed-circuit and semiclosed-circuit SCUBA, including the

features specified in Conditions A and

B of the variance application;

G. The adequacy of the methods used

to obtain and analyze high-oxygen

breathing-gas mixtures, especially the

semi-permeable-membrane method,

described in Condition G of the variance

application;

H. The extent to which the conditions

specified in the variance application

will protect employees who are engaged

in repetitive diving, including the use of

(1) available decompression tables,

formulas, and principles to prevent

DCS, and (2) oxygen-exposure limits

from the 1991 NOAA Diving Manual,

DSAT Table, or other equivalent limits

to protect divers from oxygen toxicity;

and

I. The provision specified in

Condition O of the variance application

regarding the use of ‘‘a training agency

recognized by the recreational-diving

industry’’ to certify the applicant’s

employees.

VII. Authority and Signature

This document was prepared under

the direction of Gregory R. Watchman,

Acting Assistant Secretary of Labor, U.S.

Department of Labor, 200 Constitution

Avenue, N.W., Washington, D.C. 20210,

pursuant to Section 6(d) of the

Occupational Safety and Health Act of

1970 (29 U.S.C. 655); Secretary of

Labor’s orders 12–71 (36 FR 8754), 8–76

(41 FR 25059), 9–83 (48 FR 35736), 1–

90 (55 FR 9033), or 6–96 (62 FR 111),

as applicable; and 29 CFR Part 1905.

Signed at Washington, D.C., this 24th day

of October 1997.

Gregory R. Watchman,

Acting Assistant Secretary of Labor.

[FR Doc. 97–28930 Filed 10–30–97; 8:45 am]

BILLING CODE 4510–26–M

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

[Docket No. ICR–97–1]

Reports of Injuries to Employees

Operating Mechanical Power Presses

(§ 1910.217(g); Announcement to OMB

Approval of Information Collection

Requirements

AGENCY: Occupational Safety and Health

Administration, Labor.

ACTION: Notice, Announcement of the

OMB Approval of Information

Collection Requirements.

SUMMARY: The Occupational Safety and

Health Administration is announcing

that the collections of information on

the reporting of injuries to employees

operating mechanical power presses,

§ 1910.217(g), has been approved by the

Office of Management and Budget

(OMB) under the Paperwork Reduction

Act of 1995. This document announces

the OMB approval number and

expiration date.

DATES: Effective October 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Barbara Bielaski, Directorate of Policy,

Occupational Safety and Health

Administration, U.S. Department of

Labor, Room N–3627, 200 Constitution

Avenue, N.W., Washington, DC 20210,

telephone (202) 219–8076, ext. 142.

SUPPLEMENTARY INFORMATION: In the

Federal Register of March 7, 1997 (62

FR 10592), the Agency announced its

intent to request renewal of its current

OMB approval for 29 CFR 1910.217(g),

Reports of Injuries to Employees

Operating Mechanical Power Presses. In

accordance with the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520), OMB has renewed its approval

for the information collection and

assigned OMB control number 1218–

0070. The approval expires on May 31,

2000. Under 5 CFR 1320.5(b), and

Agency may not conduct or sponsor,

and a person is not required to respond

to, a collection of information unless the

collection displays a valid control

number.

Signed at Washington, D.C., this 23rd day

of October 1997.

John F. Martonik,

Acting Director, Directorate of Safety

Standards Program.

[FR Doc. 97–28775 Filed 10–30–97; 8:45 am]

BILLING CODE 4510–26–M