[Federal Register Volume 67, Number 125 (Friday, June 28, 2002)]
[Notices]
[Pages 43686-43687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16333]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0203(2002)]


Standard on Permit-Required Confined Spaces; Extension of the 
Office of Management and Budget's Approval of Information-Collection 
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for comment.

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SUMMARY: OSHA requests comment concerning its proposed extension of the 
information-collection requirements specified by its Standard on 
Permit-Required Confined Spaces (29 CFR 1910.146). The Standard 
specifies a number of collection-of-information requirements. The 
collections of information are used by employers and employees whenever 
entry is made into permit-required confined spaces.

DATES: Submit written comments on or before August 27, 2002.

ADDRESSES: Submit written comments to the Docket Office, Docket No. 
ICR-1218-0203(2002), OSHA, U.S. Department of Labor, Room N-2625, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-
2350. Commenters may transmit written comments of 10 pages or less by 
facsimile to (202) 693-1648.

FOR FURTHER INFORMATION CONTACT: Theda Kenney, Directorate of Safety 
Standards Programs, OSHA, U.S. Department of Labor, Room N-3609, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202)

[[Page 43687]]

693-2222. A copy of the Agency's Information-Collection Request (ICR) 
supporting the need for the collections of information collection 
specified by the Standard on Permit-Required Confined Spaces is 
available for inspection and copying in the Docket Office, or by 
requesting a copy from Theda Kenney at (202) 693-2222, or Todd Owen at 
(202) 693-2444. For electronic copies of the ICR, contact OSHA on the 
Internet at http://www.osha.gov and select ``Information Collection 
Requests.''

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 (PRA-95) (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 understandable, and OSHA's 
estimate of the information-collection burden is correct.
    The following sections describe who uses the information collected 
under each requirement, as well as how they use it. The purpose of the 
information is to insure that employers systematically evaluate the 
dangers in permit spaces before entry is attempted and to insure that 
adequate measures are taken to make the spaces safe for entry. In 
addition, the information is needed to determine, during an OSHA 
inspection by a compliance safety and health officer, if employers are 
in compliance with the standard.
    Section 1910.146(c)(2) requires the employer to post danger signs 
to inform exposed employees of the existence and location of and the 
danger posed by permit spaces.
    Section 1910.146(c)(4) requires the employer to develop and 
implement a written permit space program if the employer decides that 
its employees will enter permit spaces. The written program is to be 
made available for inspection by employees and their authorized 
representatives. Section 1910.146(d) provides the employer with the 
requirements of permit-required confined space program (permit space 
program) required under this paragraph.
    Section 1910.146(c)(5)(i)(E) requires that the determinations and 
supporting data required by paragraphs (c)(5)(i)(A), (c)(5)(i)(B), and 
(c)(5)(i)(C) of this section are documented by the employer and are 
made available to each employee who enters a permit space or to that 
employee's authorized representative.
    Under paragraph (c)(5)(ii)(H) of 1910.146, the employer is required 
to verify that the space is safe for entry and that the pre-entry 
measures required by paragraph (c)(5)(ii) of this section have been 
taken, through a written certification that contains the date, the 
location of the space, and the signature of the person providing the 
certification. The certification is to be made before entry and is 
required to be made available to each employee entering the space or to 
that employee's authorized representative.
    Section 1910.146(c)(7)(iii) requires the employer to document the 
basis for determining that all hazards in a permit space have been 
eliminated, through a certification that contains the date, the 
location of the space, and the signature of the person making the 
determination. The certification is to be made available to each 
employee entering the space or to that employee's authorized 
representative.
    Section 1910.146(e) requires the employer to document the 
completion of measures required by paragraph (d)(3) by preparing an 
entry permit before employee entry is authorized. Paragraph (e)(3) 
requires that the employer make the completed permit available at the 
time of entry to all authorized entrants by posting the permit at the 
entry portal or by any other equally effective means, so that the 
entrants can confirm that pre-entry preparations have been completed. 
Paragraph (e)(6) requires the employer to retain each canceled entry 
permit for at least one year.
    Section 1910.146(g)(4) requires that the employer certify that the 
training required by paragraphs (g)(1) through (g)(3) \1\ has been 
accomplished by preparing a written certification record.
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    \1\ The Agency concludes that the training required under 
1910.146(g)(1) through (g)(3) is written in performance-oriented 
language and, thus, not considered a collection of information under 
the implementing rules and guidelines of PRA-95.
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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

    OSHA proposes to extend the Office of Management and Budget's (OMB) 
approval of the collection-of-information requirements specified by the 
Standard on Permit-Required Confined Spaces (29 CFR 1910.146). The 
Agency will summarize the comments submitted in response to this 
notice, and will include this summary in its request to OMB to extend 
the approval of these information-collection requirements.
    Type of Review: Extension of a currently-approved information-
collection requirement.
    Title: Permit-Required Confined Spaces (29 CFR 1910.146).
    OMB Number: 1218-0203.
    Affected Public: Business or other for-profit; not-for-profit 
institutions; Federal government; State, local, or tribal government.
    Number of Respondents: 4,844,849.
    Frequency of Recordkeeping: On occasion.
    Average time per Response: Varies from three minutes (.05 hour) to 
maintain and disclose a training certification to 16 hours to develop a 
written permit space entry program.
    Total Annual Hours Requested: 1,666,663.
    Total Annual Costs (O&M): $0.

IV. Authority and Signature

    John L. Henshaw, 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), and Secretary of Labor's Order No. 3-2000 (65 FR 50017).

    Signed at Washington, DC on June 25, 2002.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 02-16333 Filed 6-27-02; 8:45 am]
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