[Federal Register: February 14, 2008 (Volume 73, Number 31)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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)
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 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
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
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)
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
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.
Establish and train shipyard rescue teams or arrange for
outside rescue teams and provide them with information (Sec.
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.
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
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 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
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
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