[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov
[FR Doc No: 2020-28371]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0034]
Subpart A (``General Provisions'') and Subpart B (``Confined and
Enclosed Spaces and Other Dangerous Atmospheres in Shipyard
Employment''); Extension of the Office of Management and Budget's (OMB)
Approval of Information Collection (Paperwork) Requirements
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comments.
SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in Subpart A ``General
Provisions'' and Subpart B ``Confined and Enclosed Spaces and Other
Dangerous Atmospheres in Shipyard Employment''.
DATES: Comments must be submitted (postmarked, sent, or received) by
February 22, 2021.
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 a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0034,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Please note: While OSHA's Docket Office is continuing to accept and
process submissions by regular mail, due to the COVID-19 pandemic, the
Docket Office is closed to the public and not able to receive
submissions to the docket by hand, express mail, messenger, and courier
Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2011-0034) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, such as social security numbers or date of birth, 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 above address. 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 from 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
(202) 693-2222 to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor;
telephone (202) 693-2222.
The Department of Labor, as part of the 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 (PRA) (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 (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 following is a description of the requirements in subparts A
and B that pertain to the collection and retention of information.
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 employers to 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 retain the record for at least
three months. In addition, employers must make the roster or statement,
and the inspection and test records available for inspection by
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 workers entering a confined or enclosed
space (Sec. Sec. 1915.12(a)-(c));
Warn workers not to enter hazardous spaces and other
dangerous atmospheres (Sec. Sec. 1915.12 (a)-(c) and 1915.16);
Certify that workers who will be entering confined or
enclosed spaces have been trained (Sec. 1915.12(d)(5));
Establish and train shipyard rescue teams or arrange for
outside rescue teams, and provide them with information on the hazards
that they may encounter (Sec. 1915.12(e));
Ensure that one person on each rescue team maintains a
current first aid training certificate (Sec. 1915.12(e)(1)(iv));
Exchange information regarding hazards, safety rules, and
emergency procedures concerning confined and enclosed spaces, and
atmospheres with other employers whose workers may enter these spaces
and atmospheres (Sec. 1915.12(f));
Ensure testing of spaces having contained bulk quantities
of combustible or flammable liquids or gases, and toxic, corrosive, or
irritating substances before cleaning and other cold work is started,
and as necessary thereafter while the operations are ongoing
(Sec. Sec. 1915.13(b)(2) and (4));
Post signs prohibiting ignition sources within or near a
space that has contained bulk quantities of flammable
or combustible liquids or gases (Sec. 1915.13(b)(10));
Ensure that confined and enclosed spaces and other
dangerous atmospheres, and boundaries of spaces or pipelines are tested
before workers perform hot work in these work areas (Sec.
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. 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
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 the approval of the collection
of information (paperwork) requirements mandated by Subpart A
(``General Provisions'') and Subpart B (``Confined and Enclosed Spaces
and Other Dangerous Atmospheres in Shipyard Employment'') of 29 CFR
part 1915. The agency is requesting an adjustment decrease of 19,246
burden hours (from 586,064 to 566,818 hours). The adjustment decrease
is due to a decrease in the number of establishments affected by these
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: Subpart A (``General Provisions'') and Subpart B (``Confined
and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard
Employment'') (29 CFR part 1915).
OMB Control Number: 1218-0011.
Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, Local or Tribal Government.
Number of Respondents: 4,716.
Frequency of Responses: On occasion.
Total Responses: 3,555,305.
Average Time per Response: Various.
Estimated Total Burden Hours: 566,818.
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. Please
note: While OSHA's Docket Office is continuing to accept and process
submissions by regular mail, due to the COVID-19 pandemic, the Docket
Office is closed to the public and not able to receive submissions to
the docket by hand, express mail, messenger, and courier service. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number (Docket No. OSHA-2011-0034) for the ICR. 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.
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 from 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 at (202) 693-2350, (TTY (877) 889-5627)
for information about materials not available from the website, and for
assistance in using the internet to locate docket submissions.
V. Authority and Signature
Loren Sweatt, Principal Deputy 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. 1-2012
(77 FR 3912).
Signed at Washington, DC, on December 18, 2020.
Principal Deputy Assistant Secretary of Labor for Occupational Safety
[FR Doc. 2020-28371 Filed 12-22-20; 8:45 am]
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