[Federal Register Volume 63, Number 174 (Wednesday, September 9, 1998)]
[Notices]
[Pages 48249-48250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24191]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration
[Docket No. ICR 98-30]


Confined and Enclosed Spaces and Other Dangerous Atmospheres in 
Shipyard Employment (29 CFR part 1915); Information Collection 
Requirements

ACTION: Notice; Opportunity for Public Comment.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and impact of collection 
requirements on respondents can be properly assessed. Currently, the 
Occupational Safety and Health Administration (OSHA) is soliciting 
comments concerning the proposed extension of the information 
collection requirements contained in the standard on Confined and 
Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment 
(29 CFR part 1915). The Agency is particularly interested in comments 
that:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the Agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

DATES: Written comments must be submitted on or before November 9, 
1998.

ADDRESSES: Comments are to be submitted to the Docket Office, Docket 
No. ICR-98-30, Occupational Safety and Health Administration, U.S. 
Department of Labor, Room N-2625, 200 Constitution Avenue, N.W., 
Washington, D.C. 20210. Telephone: (202) 219-7894. Written comments 
limited to 10 pages or less in length may also be transmitted by 
facsimile to (202) 219-5046.

FOR FURTHER INFORMATION CONTACT:
Theda Kenney, Directorate of Safety Standards Programs, Occupational 
Safety and Health Administration, U.S. Department of Labor, Room N-
3605, 200 Constitution Avenue, N.W., Washington, D.C. 20210, telephone: 
(202) 219-8061. A copy of the referenced information collection request 
is available for inspection and copying in the Docket Office and will 
be mailed to persons who request copies by telephoning Theda Kenney at 
(202) 219-8061, extension 100, or Barbara Bielaski at (202) 219-8076, 
extension 142. For electronic copies of the Information Collection 
Request on Confined and Enclosed Spaces and Other Dangerous Atmospheres 
in Shipyard Employment, contact OSHA's WebPage on the Internet at 
http://www.osha.gov and click on ``Regulations and Compliance.''

SUPPLEMENTARY INFORMATION:

I. Background

    The Occupational Safety and Health Act of 1970 (the Act) authorizes 
the promulgation of such health and safety standards as are necessary 
or appropriate to provide safe or healthful employment and places of 
employment. The statute specifically authorizes information collection 
by employers as necessary or appropriate for the enforcement of the Act 
or for developing information regarding the causes and prevention of 
occupational injuries, illnesses, and accidents.
    The requirements contained in the standard on Confined and Enclosed 
Spaces and Other Dangerous Atmospheres in Shipyard Employment (29 CFR 
part 1915) are necessary for the protection of employees exposed to 
hazardous atmospheres in shipyard employment. Hazardous atmospheres, 
whether toxic, flammable or oxygen deficient/enriched, are found 
throughout shipyard employment, in shipbuilding, ship breaking, ship 
repair and land side activities. Before employees can work in spaces 
that may contain hazardous atmospheres, the spaces must be inspected 
and often tested to determine atmospheric contents. In some situations, 
the testing is done by a Marine Chemist, Coast Guard Authorized Person, 
or certified industrial hygienist and a hot work certificate is issued 
and posted. To make sure the atmosphere in a space remains safe for 
workers, retesting will be required. In the vast majority of 
situations, a Shipyard Competent Person (SCP) will test the space, 
record and maintain the results and post instructions for the workers 
to follow prior to or during work in the space. The SCP must also 
retest as necessary to maintain safe conditions.
    Employees who must enter spaces that may contain hazardous 
atmospheres must be trained and a record kept of the training. Training 
is also required for the shipyards that maintain their own rescue 
teams.
    Employers and employees are unable to recognize toxic, flammable or 
oxygen deficient/enriched atmospheres in spaces without first testing 
to determine that hazardous conditions exist. By requiring employers, 
under 29 CFR 1915.7, to ensure that employees have the ability and 
knowledge to recognize, test for, and remove these hazards and to 
specifically assign certain duties to these employees, OSHA is reducing 
the incidence of accidents caused by hazardous atmospheres within 
shipyard employment, including, but not limited to, vessels and vessel 
sections.
    There is an increase of 135,869 burden hours associated with the 
information collection requirements contained in the standard (from 
1,312 hours to 137,181 hours). This increase is due primarily to a 
mathematical error in OSHA's previous estimates. In the previous burden 
estimates, OSHA, in error, only counted the burden to perform tests and 
inspections once a year, rather than daily or 235 working days per 
year. In addition, OSHA's previous estimates did not account for all of 
the provisions in the standard currently considered ``collections of 
information'' under PRA-95.

[[Page 48250]]

II. Current Actions

    This notice requests public comment on OSHA's burden hour estimates 
prior to OSHA seeking Office of Management and Budget (OMB) approval of 
the information collection requirements contained in the standard on 
Confined and Enclosed Spaces and Other Dangerous Atmospheres in 
Shipyard Employment (29 CFR part 1915).
    Type of Review: Extension of a Currently Approved Collection.
    Agency: U.S. Department of Labor, Occupational Safety and Health 
Administration.
    Title: Confined and Enclosed Spaces and Other Dangerous Atmospheres 
in Shipyard Employment (29 CFR part 1915).
    OMB Number: 1218-0011.
    Agency Number: Docket Number ICR-98-30.
    Affected Public: Business or other for-profit; Federal Government; 
State, Local or tribal Government.
    Number of Respondents: 82,425.
    Frequency: Varies (On Occasion, Daily).
    Average Time per Response: Varies from 2 minutes (.03 hr.) 2 hours.
    Estimated Total Burden Hours: 137,181.
    Total Annualized Capital/Startup Costs: $0.
    Comments submitted in response to this notice will be summarized 
and included in the request for Office of Management and Budget (OMB) 
approval of the information collection request. The comments will 
become a matter of public record.

    Signed at Washington, D.C., this 28th day of August 1998.
Charles N. Jeffress,
Assistant Secretary of Labor.
[FR Doc. 98-24191 Filed 9-8-98; 8:45 am]
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