[Federal Register Volume 59, Number 213 (Friday, November 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27413]


[[Page Unknown]]

[Federal Register: November 4, 1994]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

RIN 1218-AA51

 

Permit-Required Confined Spaces

AGENCY: Occupational Safety and Health Administration (OSHA), U.S. 
Department of Labor.

ACTION: Final rule: technical amendment to preamble.

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SUMMARY: On January 14, 1993 at 58 FR 4462, the Occupational Safety and 
Health Administration (OSHA) published a final rule on Permit-Required 
Confined Spaces, 29 CFR 1910.146 in the Federal Register. On June 29, 
1993 at 58 FR 34844, OSHA published a corrections document for that 
final rule which contained corrections to the regulatory text and to 
several appendices of the final rule. Another document was published on 
May 19, 1994 at 59 FR 26114 which added a metric equivalent in 
paragraph (k)(3)(ii) and further revised the ``Atmospheric monitoring'' 
section of Appendix E, ``Sewer System Entry'', of the final rule. This 
document revises one paragraph of the preamble discussion of the 
definition of confined space in the January 14, 1993 document.

EFFECTIVE DATE: November 4, 1994.

FOR FURTHER INFORMATION CONTACT: Office of Information, Division of 
Consumer Affairs, Room N-3647, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210, Telephone: (202) 219-
8151.

SUPPLEMENTARY INFORMATION: OSHA published its final rule on Permit-
Required Confined Spaces (PRCS), 29 CFR 1910.146, on January 14, 1993 
at 58 FR 4462. Corrections to the regulatory text and to several 
appendices were published on June 29, 1993 at 58 FR 34844. A technical 
amendment was published on May 19, 1994 at 59 FR 26114.

Amendment to Preamble of 29 CFR 1910.146

    In the Permit-Required Confined Spaces standard, on pages 4477 and 
4478 of the January 14, 1993 Federal Register document preamble, OSHA 
made the following statement:

    As indicated in the preamble to the proposal [54 FR 24089], OSHA 
notes that doorways and other portals through which a person can 
walk are not to be considered limited means for entry or exit.

    This sentence was intended to limit the application of the 
definition of confined spaces to those areas where an employee would be 
forced to enter or exit in a posture that might slow self-rescue, or 
make rescue more difficult. These spaces warrant additional 
consideration as to whether they pose a hazard to entrants and would, 
therefore, be regulated as permit-required confined spaces (permit 
spaces). For example, even if the door or portal of a space is of 
sufficient size, obstructions could make entry into or exit from the 
space difficult. The Agency intended that spaces which otherwise meet 
the definition of confined spaces, and which have obstructed entry or 
exits even though the portal is a standard size doorway, be classified 
as confined spaces. OSHA acknowledges that the preamble to the final 
rule did not clearly express that intent.
    Accordingly, OSHA is adding preamble language to follow the above-
mentioned statement. This text will make OSHA's original intent clear, 
without changing the PRCS standard.

Exemption From Notice and Comment Procedures

    With regard to this action, OSHA has determined that it is not 
required to follow procedures for public notice and comment rulemaking 
under either section 4 of the Administrative Procedure Act (5 U.S.C. 
553) or under section 6(b) of the Occupational Safety and Health Act 
(29 U.S.C. 655(b)). This action does not affect the substantive 
requirements or coverage of the standards themselves. This technical 
amendment does not modify or revoke existing rights or obligations, nor 
does it establish new ones. This action simply provides additional 
information on the existing regulatory burden. OSHA, therefore, finds 
that notice and public procedure are impracticable and unnecessary 
within the meaning of 5 U.S.C. 553(b)(3)(B). For the same reasons, OSHA 
also finds that, in accordance with 29 CFR 1911.5, good cause exists 
for dispensing with the public notice and comment procedures prescribed 
in section 6(b) of the Occupational Safety and Health Act.

Exemption From Delayed Effective Date Requirement

    Under 5 U.S.C. 553, OSHA finds that is good cause for making this 
technical amendment effective upon publication in the Federal Register. 
This technical amendment simply provides additional information on the 
existing regulatory burden without increasing that burden.

    Authority: This document was prepared under the direction of 
Joseph A. Dear, Assistant Secretary of Labor for Occupational Safety 
and Health, U.S. Department of Labor, 200 Constitution Avenue NW., 
Washington, DC 20210.

    Signed at Washington, DC, this 1st day of November 1994.
Joseph A. Dear,
Assistant Secretary of Labor.

    Accordingly, in the January 14, 1993, Final Rule for Permit-
Required Confined Spaces for General Industry (58 FR 4462), the 
preamble section on page 4477, column 3 and page 4478, column 1, is 
revised to read as follows:
    As indicated in the preamble to the proposal [54 FR 24089], OSHA 
notes that doorways and other portals through which a person can walk 
are not to be considered limited means for entry or exit. However, a 
space containing such a door or portal may still be deemed a confined 
space if an entrant's ability to escape in an emergency would be 
hindered.

[FR Doc. 94-27413 Filed 11-3-94; 8:45 am]
BILLING CODE 4510-26-M