
[Federal Register: February 14, 2008 (Volume 73, Number 31)]
[Notices]               
[Page 8713-8715]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe08-96]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2008-0006]

 
Subpart A (``General Provisions'') and Subpart B (``Confined and 
Enclosed Spaces and Other Dangerous Atmospheres in Shipyard 
Employment'') (29 CFR part 1915); 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.

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[[Page 8714]]

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

DATES: Comments must be submitted (postmarked, sent, or received) by 
April 14, 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-2008-
0006, 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-2008-0006). 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 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 effort in obtaining 
information (29 U.S.C. 657).
    One provision in subpart A contains paperwork requirements (Sec.  
1915.7). Section 1915.7(b)(2) specifies that shipyard employers must 
maintain a roster of designated competent persons (for inspecting and 
testing spaces covered by subpart B), or a statement that a Marine 
Chemist will perform these inspections and tests. Section 1915.7(d) 
requires that employers: ensure that competent persons, Marine 
Chemists, and certified industrial hygienists (CIHs) make a record of 
each inspection and test they conduct, post the record near the covered 
space while work is in progress, and file the record for a specified 
period. In addition, employers must make the roster or statement and 
the inspection and test records available to designated parties on 
request.
    Subpart B consists of several standards governing entry into 
confined and enclosed spaces and other dangerous atmospheres in 
shipyard employment. These standards require that employers:
     Ensure that competent persons conduct inspections and 
atmospheric testing prior to employees entering a confined or enclosed 
space (Sec. Sec.  1915.12(a)-(c));
     Warn employees not to enter hazardous spaces and other 
dangerous atmospheres (Sec.  1915.12(a)-(c), 1915.16);
     Train employees who will be entering confined or enclosed 
spaces and certify that such training has been provided (Sec.  
1915.12(d));
     Establish and train shipyard rescue teams or arrange for 
outside rescue teams and provide them with information (Sec.  
1915.12(e));
     Ensure that one person on each rescue team has a valid 
first-aid training certificate (Sec.  1915.12(e));
     Exchange information regarding hazards, safety rules, and 
emergency procedures concerning these spaces and atmospheres with other 
employers whose employees may enter these spaces and atmospheres (Sec.  
1915.12(f));
     Ensure testing of certain spaces before cleaning and other 
cold work is started and as necessary thereafter while the operations 
are ongoing (Sec.  1915.13(b)(2) and (4));
     Post signs prohibiting ignition sources within or near a 
space that contains bulk quantities of flammable or combustible liquids 
or gases (Sec.  1915.13(b)(10));
     Ensure that confined and enclosed spaces are tested before 
employees perform hot work in these spaces (Sec.  1915.14(a));
     Post warnings of testing conducted by competent persons 
and certificates of testing conducted by a Marine Chemist or Coast 
Guard authorized person in the immediate vicinity of the hot work 
operation while the operation is in progress (Sec.  1915.14(a) and 
(b)); and
     Retain certificates of testing on file for at least three 
months after completing the operation (Sec.  1915.14(a)(2)).

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

[[Page 8715]]

     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

    The Agency is requesting that OMB extend its approval of the 
information collection requirements contained in Subpart A (``General 
Provisions'') and Subpart B (``Confined and Enclosed Spaces and Other 
Dangerous Atmospheres in Shipyard Employment'') (29 CFR part 1915). The 
Agency is proposing to decrease the existing burden hour estimate for 
the collection of information requirements specified by subparts A and 
B. In this regard, the Agency is proposing to decrease the current 
burden hour estimate from 348,394 hours to 312,774 hours, a total 
decrease of 35,620 hours. The decrease is the result of updated data 
indicating a decline in the number of establishments from 717 to 639.
    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.
    Number of Respondents: 639.
    Frequency: On occasion.
    Average Time per Response: Varies from 1 minute (.02 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: 312,774.
    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 the ICR (Docket No. OSHA-2008-0006). 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 
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

    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 February 8, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E8-2672 Filed 2-13-08; 8:45 am]

BILLING CODE 4510-26-P
