6744 Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Notices 

V. Authority and Signature 

Edwin G. Foulke, Jr., 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. 5–2007 (72 FR 31159). 

Signed at Washington, DC, on January 30, 

2008. 

Edwin G. Foulke, Jr., 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. E8–2060 Filed 2–4–08; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2007–0087] 

Standard on Commercial Diving 

Operations; 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 comment. 

SUMMARY: OSHA solicits public 

comment concerning its proposal to 

extend OMB approval of the 

information collection requirements 

specified in its Standard on Commercial 

Diving Operations (29 CFR part 1910, 

subpart T). 

DATES: Comments must be submitted 

(postmarked, sent, or received) by April 

7, 2008. 

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 

three copies of your comments and 

attachments to the OSHA Docket Office, 

OSHA Docket No. OSHA–2007–0087, 

U.S. Department of Labor, Occupational 

Safety and Health Administration, 

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 ICR (OSHA–

2007–0087). 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 website. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

You may also contact Theda Kenney at 

the address below to obtain a copy of 

the ICR. 

FOR FURTHER INFORMATION CONTACT: 

Theda Kenney or Todd Owen, 

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 

Paperwork Reduction Act of 1995 (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 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 Subpart contains a number of 

paperwork requirements. The following 

paragraphs describe these requirements. 

Section 1910.401(b). Allows 

employers to deviate from the 

requirements of the Subpart to the 

extent necessary to prevent or minimize 

a situation that is likely to cause death, 

serious physical harm, or major 

environmental damage (but not 

situations in which purely economic or 

property damage is likely to occur). 

They must notify the OSHA Area 

Director within 48 hours of taking such 

action; this notification must describe 

the situation responsible for the 

deviation and the extent of the deviation 

from the requirements. On request of the 

Area Director, employers must submit 

this information in writing. 

Sections 1910.410(a)(3) and (a)(4). 

Paragraph (a)(3) requires employers to 

train all dive team members in 

cardiopulmonary resuscitation and first 

aid (i.e., the American Red Cross 

standard course or equivalent), while 

paragraph (a)(4) specifies that employers 

train dive team members exposed to 

hyperbaric conditions, or who control 

exposure of other employees to such 

conditions, in diving-related physics 

and physiology. 

Sections 1910.420(a). Under 

paragraph (a), employers must develop 

and maintain a safe practices manual 

and make it available to each dive team 

member at the dive location. In 

addition, for each diving mode used at 

the dive location, the manual must 

contain: Safety procedures and 

checklists for diving operations; 

assignments and responsibilities of the 

dive team members; equipment 

procedures and checklists; and 

emergency procedures for fire, 

equipment failures, adverse 

environmental conditions, and medical 

illness and injury. 

Section 1910.421(b). Under this 

provision, employers are to keep at the 

dive location a list of telephone or call 

numbers for the following emergency 

facilities and services: An operational 

decompression chamber (if such a 

chamber is not at the dive location); 

accessible hospitals; available 

physicians and means of emergency 

transportation; and the nearest U.S. 

Coast Guard Rescue Coordination 

Center. 

Section 1910.421(f). Requires 

employers to brief dive team members 


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Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Notices 6745 

on the diving-related tasks they are to 

perform, safety procedures for the 

diving mode used at the dive location, 

any unusual hazards or environmental 

conditions likely to affect the safety of 

the diving operation, and any 

modifications to operating procedures 

necessitated by the specific diving 

operation. Before assigning divingrelated tasks, employers must ask each 

dive team member about their current 

state of physical fitness, and inform the 

member about the procedure for 

reporting physical problems or adverse 

physiological effects during and after 

the dive. 

Section 1910.421(h). If the diving 

operation occurs in an area capable of 

supporting marine traffic and occurs 

from a surface other than a vessel, 

employers are to display a rigid replica 

of the international code flag ‘‘A’’ that 

is at least one meter in height so that it 

is visible from any direction; the 

employer must illuminate the flag 

during night diving operations. 

Section 1910.422(e). Employers must 

develop and maintain a depth-time 

profile for each diver that includes, as 

appropriate, any breathing gas changes 

or decompression. 

Sections 1910.423(b)(1)(ii) through 

(b)(2). Requires the employer to: Instruct 

the diver to report any physical 

symptoms or adverse physiological 

effects, including symptoms of 

decompression sickness (DCS); advise 

the diver of the location of a 

decompression chamber that is ready for 

use; and alert the diver to the potential 

hazards of flying after diving. For any 

dive outside the no-decompression 

limits, deeper than 100 feet, or that uses 

mixed gas in the breathing mixture, the 

employer must also inform the diver to 

remain awake and in the vicinity of the 

decompression chamber that is at the 

dive location for at least one hour after 

the dive or any decompression or 

treatment associated with the dive. 

Section 1910.423(d). Paragraph (d)(1) 

specifies that employers are to record 

and maintain the following information 

for each diving operation: The names of 

dive-team members; date, time, and 

location; diving modes used; general 

description of the tasks performed; an 

estimate of the underwater and surface 

conditions; and the maximum depth 

and bottom time for each diver. In 

addition, for each dive outside the nodecompression limits, deeper than 100 

feet, or that uses mixed gas in the 

breathing mixture, paragraph (d)(2) 

requires the employer to record and 

maintain the following information for 

each diver: Depth-time and breathing 

gas profiles; decompression table 

designation (including any 

modifications); and elapsed time since 

the last pressure exposure if less than 24 

hours or the repetitive dive designation. 

Under paragraph (d)(3), if the dive 

results in DCS symptoms, or the 

employer suspects that a diver has DCS, 

the employer must record and maintain 

a description of the DCS symptoms 

(including the depth and time of 

symptom onset) and the results of 

treatment. 

Section 1910.423(e). Requires 

employers to assess each DCS incident 

by: Investigating and evaluating it based 

on the recorded information, 

consideration of the past performance of 

the decompression profile used, and the 

diver’s individual susceptibility to DCS; 

taking appropriate corrective action to 

reduce the probability of a DCS 

recurrence; and, within 45 days of the 

DCS incident, preparing a written 

evaluation of this assessment, including 

any corrective action taken. 

Sections 1910.430(a), (b)(4), (c)(1)(ii), 

(c)(3)(i), (f)(3)(ii), and (g)(2). Description 

of the requirements. Paragraph (a) 

contains a general requirement that 

employers must record by means of 

tagging or a logging system any work 

performed on equipment, including any 

modifications, repairs, tests, 

calibrations, or maintenance performed 

on the equipment. This record is to 

include a description of the work, the 

name or initials of the individual who 

performed the work, and the date they 

completed the work. 

Paragraphs (b)(4) and (c)(1)(iii) require 

employers to test two specific types of 

equipment, including, respectively: The 

output of air compressor systems used 

to supply breathing air to divers for air 

purity every six months by means of 

samples taken at the connection to the 

distribution system; and breathing-gas 

hoses at least annually at one and onehalf times their working pressure. Under 

paragraph (c)(3)(i), employers must 

mark each umbilical (i.e., separate lines 

supplying air and communications to a 

diver, as well as a safety line, tied 

together in a bundle), beginning at the 

diver’s end, in 10-foot increments for 

100 feet, then in 50-foot increments. 

Paragraph (f)(3)(ii) mandates that 

employers regularly inspect and 

maintain mufflers located in intake and 

exhaust lines on decompression 

chambers. According to paragraph 

(g)(2), employers are to test depth 

gauges using dead-weight testing, or 

calibrate the gauges against a master 

reference gauge; such testing or 

calibration is to occur every six months 

or if the employer finds a discrepancy 

larger than two percent of the full scale 

between any two equivalent gauges. 

Employers must make a record of the 

tests, calibrations, inspections, and 

maintenance performed on the 

equipment specified by these 

paragraphs in accordance with section 

1910.430(a). 

Sections 1910.440(a)(2) and (b). 

Under paragraph (a)(2) of this provision, 

employers must record any divingrelated injuries or illnesses that result in 

a dive-team member remaining in 

hospital for at least 24 hours. This 

record is to describe the circumstances 

of the incident and the extent of any 

injuries or illnesses. 

Paragraph (b) of this provision 

regulates the availability of the records 

required by the Subpart, including who 

has access to these records, the retention 

periods for various records, and, in 

some cases, the final disposition of the 

records. Under paragraph (b)(1), 

employers must make any record 

required by the subpart available, on 

request, for inspection and copying to 

an OSHA compliance officer or to a 

representative of the National Institute 

for Occupational Safety and Health 

(NIOSH). Paragraph (b)(2) specifies that 

employers are to provide employees, 

their designated representatives, and 

OSHA compliance officers with 

exposure and medical records generated 

under the Subpart in accordance with 

§ 1910.1020 (‘‘Access to employee 

exposure and medical records’’); these 

records include safe practices manuals, 

depth-time profiles, diving records, DCS 

incident assessments, and 

hospitalization records. This paragraph 

also mandates that employers make 

equipment inspection and testing 

records available to employees and their 

designated representative on request. 

According to paragraph (b)(3), 

employers must retain these records for 

the following periods: Safe practices 

manuals, current document only; depthtime profiles, until completing the 

diving record or the DCS incident 

assessment; diving records, one year, 

except five years if a DCS incident 

occurred during the dive; DCS incident 

assessments, five years; hospitalization 

records, five years; and equipment 

inspections and testing records, current 

tag or log entry until the employer 

removes the equipment from service. 

Paragraphs (b)(4) and (b)(5) specify the 

requirements for disposing of these 

records. Under paragraph (b)(4), 

employers are to forward any record 

with an expired five-year retention 

period to NIOSH. Paragraph (b)(5) states 

that employers who cease to do business 

must transfer records without unexpired 

retention dates to the successor 

employer who will retain them for the 

required period; however, if the 

employers cease to do business without 


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6746 Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Notices 

a successor employer, they must transfer 

the records to NIOSH. 

II. Special Issues for Comment 

OSHA has a particular interest in 

comments on the following issues: 

• Whether the proposed information 

collection requirements are necessary 

for the proper performance of the 

Agency’s functions, including whether 

the information is useful; 

• 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; 

• The quality, utility, and clarity of 

the information collected; and 

• 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 information 

collection requirements contained in the 

Standard on Commercial Diving 

Operations (29 CFR part 1910, subpart 

T). The Agency is requesting to retain its 

current burden hour total of 205,397 

associated with this Subpart; however, 

it is adding a cost of $2,765 for 

employers to transfer records to the 

National Institute for Occupational 

Safety and Health. The Agency will 

summarize the comments submitted in 

response to this notice and will include 

this summary in the request to OMB. 

Type of Review: Extension of a 

currently approved collection. 

Title: Standard on Commercial Diving 

Operations (29 CFR part 1910, subpart 

T). 

OMB Number: 1218–0069. 

Affected Public: Business or other forprofits. 

Number of Respondents: 3,000. 

Frequency: On occasion; annually. 

Average Time per Response: Varies 

from 3 minutes (.05 hour) to replace the 

safe practices manual to 1 hour to 

develop a new manual. 

Estimated Total Burden Hours: 

205,397. 

Estimated Cost (Operation and 

Maintenance): $2,765. 

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 the 

ICR (Docket No. OSHA–2007–0087). 

You may supplement electronic 

submissions by uploading document 

files electronically. If you wish to mail 

additional materials in reference to an 

electronic or 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 the 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 website. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

Information on using the http:// 

www.regulations.gov website to submit 

comments and access the docket is 

available at the website’s ‘‘User Tips’’

link. Contact the OSHA Docket Office 

for information about materials not 

available through the website, and for 

assistance in using the Internet to locate 

docket submissions. 

V. Authority and Signature 

Edwin G. Foulke, Jr., 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. 5–2007 (72 FR 31159). 

Signed at Washington, DC, on January 30, 

2008. 

Edwin G. Foulke, Jr., 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. E8–2061 Filed 2–4–08; 8:45 am] 

BILLING CODE 4510–26–P 

NUCLEAR REGULATORY 

COMMISSION 

[NUREG–1855] 

‘‘Guidance on the Treatment of 

Uncertainties Associated with PRAs In 

Risk-Informed Decision Making, Draft 

Report for Comment’’

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of availability of 

NUREG–1855, ‘‘Guidance on the 

Treatment of Uncertainties Associated 

with PRAs in Risk-Informed Decision 

Making, Draft Report for Comment,’’

and request for public comment. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is announcing the 

availability of and is seeking comments 

on NUREG–1855, ‘‘Guidance on the 

Treatment of Uncertainties Associated 

with PRAs in Risk-Informed Decision 

Making, Draft Report for Comment.’’

DATES: Comments on this document 

should be submitted by March 28, 2008. 

Comments received after that date will 

be considered to the extent practical. To 

ensure efficient and complete comment 

resolution, comments should include 

references to the section, page, and line 

numbers of the document to which the 

comment applies, if possible. 

ADDRESSES: Members of the public are 

invited and encouraged to submit 

written comments to Michael Lesar, 

Chief, Rulemaking, Directives, and 

Editing Branch, Office of 

Administration, Mail Stop T6–D59, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. Handdeliver comments attention to Michael 

Lesar, 11545 Rockville Pike, Rockville, 

MD, between 7:30 a.m. and 4:15 p.m. on 

Federal workdays. Comments may also 

be sent electronically to 

NRCREP@nrc.gov. 

This document, NUREG–1855, is 

available at the Agencywide Documents 

Access and Management System 

(ADAMS) Public Electronic Reading 

Room on the Internet at the NRC Web 

site at http://www.nrc.gov/reading-rm/ 

adams.html under Accession No. 

ML072990412 on the NRC Web site 

http://www.nrc.gov/reading-rm/doccollections/nuregs/docs4comment.html; 

and at the NRC Public Document Room, 

11555 Rockville Pike, Rockville, MD. 

The PDR’s mailing address is USNRC 

PDR, Washington, DC 20555; telephone 

(301) 415–4737 or (800) 397–4205; fax 

(301) 415–3548; e-mail PDR@NRC.GOV. 

FOR FURTHER INFORMATION, CONTACT: 

Mary Drouin, Division of Risk 

Assessment, Office of Nuclear 


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