[Federal Register Volume 70, Number 62 (Friday, April 1, 2005)]
[Notices]
[Pages 16871-16874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6487]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR 1218-0011(2005)]


Subpart A (``General Provisions'') and Subpart B (``Confined and 
Enclosed Spaces and Other Dangerous Atmospheres in Shipyard 
Employment'') of 29 CFR Part 1915; 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 comment.

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SUMMARY: OSHA solicits public comment concerning its request for an 
extension of the information collection requirements contained in 29 
CFR part 1915, subpart A (``General Provisions'') and subpart B 
(``Confined and Enclosed Spaces and Other Dangerous Atmospheres in 
Shipyard Employment'').

DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or received) 
by May 31, 2005.
    Facsimile and electronic transmission: Your comments must be 
received by May 31, 2005.

ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0011(2005), by any of the following methods:
    Regular mail, express delivery, hand delivery, and messenger 
service: Submit your comments and attachments to the OSHA Docket 
Office, Room N-2625,

[[Page 16872]]

U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210; telephone (202) 693-2350 (OSHA's TTY number is (877) 889-5627). 
OSHA Docket Office and Department of Labor hours are 8:15 a.m. to 4:45 
p.m., ET.
    Facsimile: If your comments are 10 pages or fewer in length, 
including attachments, you may fax them to the OSHA Docket Office at 
(202) 693-1648.
    Electronic: You may submit comments through the Internet at http://ecomments.osha.gov. Follow instructions on the OSHA Web page for 
submitting comments.
    Docket: For access to the docket to read or download comments or 
background materials, such as the complete Information Collection 
Request (ICR) (containing the Supporting Statement, OMB-83-I Form, and 
attachments), go to OSHA's Web page at http://www.OSHA.gov. In 
addition, the ICR, comments and submissions are available for 
inspection and copying at the OSHA Docket Office at the address above. 
You may also contact Theda Kenney at the address below to obtain a copy 
of the ICR. For additional information on submitting comments, please 
see the ``Public Participation'' heading in the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate 
of Standards and Guidance, OSHA, Room N-3609, 200 Constitution Avenue, 
NW., Washington, DC 20210, telephone: (202) 693-222.

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 commet 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 clearly understood, and OSHA's estimate of the information 
collection burden is accurate. The Occupational Safety and Health Act 
of 1970 (the Act) (29 U.S.C. 651 et seq.) authorizes information 
collection by employers as necessary or approprate 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 following is a brief description of the requirements in 
subparts A and B that pertain to the collection and retention of 
information:

General Provisions (Part 1915 Subpart A)

Competent Person (Sec.  1915.7)
    Designation (Sec.  1915.7(b)); and Recordkeeping (Sec.  1915.7(d)). 
Paragraph (b)(2) states that employers must designate one or more 
competent persons to perform required inspections and tests, unless a 
Marine Chemist will do so. The paragraph also requires that employers 
maintain a roster of designated competent persons or a statement that a 
Marine Chemist will perform all required inspections and tests. In 
addition, employers are to ensure that the rosters contain, at a 
minimum, the employer's name, the name of the designated competent 
persons, and the date the employee completed traiing as a competent 
person.\1\ If requested, employers must make the roster or statement 
available to employees, their representatives, OSHA compliance 
officers, and representatives from the National Institute for 
Occupational Safety and Health (NIOSH).
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    \1\ Subpart A contains no training requirements for competent 
persons.
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    Paragraph (d)(1) specifies that employers ensure that competent 
person, Marine Chemists, and CIHs make a record of each inspection and 
thest they conduct. The Record of the inspection or test must contain 
the employer's location; time, date, location of the inspected space; 
the operatiosn performed; test results; and any instructions. Paragraph 
(d)(2) requires that employers must post the record in the immediate 
vicinity of the inspected space while employees are working in the 
space. Employers must maintain the record in a file for at least three 
months after work int he space is complete. In addition, paragraph 
(d)(3) provides that employers make inspection and test records 
avaiable, upon request, to employees, their representatives, OSHA 
compliance officers, and NIOSH.

Confined and Enclosed Spaces and Other Dangerous Atmospheres in 
Shipyard Employment (Part 1915 Subpart B)

(A) Precautions and the Order of Testing Before Entering Confrined and 
Enclosed Spaces and Other Dangerous Atmosphers (Sec.  1915.12)
    Oxygen Content (Sec.  1915.12(a)(1) and (a) (2)); Flammable 
Atmospheres (Sec.  1915.12(b)(1) and (b)(2)); and Toxic, Corrosive, 
Irritant or Fumigated Atmospheres and Residues (Sec.  1915.12(c)(1), 
(c)(2), and (c)(3)). Before an employee initially enters a space, 
paragraph (a)(1) requires employers to ensure that a competent person 
visually inspects and tests it to determine its atmospheric oxygen 
content. Spaces submit to this requirement include:
     Sealed spaces such as, but not limited to, coated and 
closed-up spaces and freshly painted non-ventilated spaces;
     Spaces that contain materials or residues of material that 
can cause it to become oxygen deficient; spaces and adjacent spaces 
that contain or have contained combustible or flammable liquids or 
gases, or that contain or previously contained toxic, corrosive, or 
irritant liquids, gases, or solids; and
     Fumigated spaces and adjacent spaces and spaces containing 
materials or residues that create an oxygen-deficient atmosphere.
    If the space has an oxygen-deficient atmosphere, paragraph (a)(2) 
specifies that employers must label the space ``Not Safe for Workers.'' 
For oxygen-enriched spaces, the label must read ``Not Safe for 
Workers--Not Safe for Hot Work.'' Employers must ventilate these spaces 
with a sufficient volume and flow rate to maintain the oxygen content 
at or above 19.5 percent and below 22.0 percent by volume, at which 
point they may remove the warning label.
    Under paragraph (b)(1), employers must have a competent person 
visually inspect a space or adjacent space for combustible or flammable 
liquids or gases. If such liquids or gases are present, the competent 
person must test the atmospheric concentration prior to employee entry. 
If the concentration is equal to or greater than 10 percent of the 
lower explosive limit (LEL), paragraph (b)(2) specifies that the 
employer must label the space ``Not Safe for Workers--Not Safe for Hot 
Work.'' Employers must provide ventilation at a volume and flow rate 
that maintains the concentration of flammable vapors below 10 percent 
of the LEL; the employer may remove the warning label when the vapors 
reach this level.
    Paragraph (c)(1) mandates that if a space or adjacent space 
contains or previously contained liquids, gases, or solids that are 
toxic, corrosive, or cause irritation, employers have a competent 
person visually inspect the space to determine whether these substances 
are present. If so, the competent person must test the atmospheric 
concentration before an employee enters the space. Under paragraph 
(c)(2), employers must label the space ``Not Safe for Workers''

[[Page 16873]]

if the air concentration of these substances exceeds the permissible 
exposure level (PEL) specified by 29 CFR 1915, subpart Z (``Toxic and 
Hazardous Substances''), or is immediately dangerous to life or health 
(IDLH).\2\ Employers must provide a sufficient ventilation volume and 
flow rate to maintain the atmospheric concentration at or below the PEL 
or below the IDLH if there is no PEL, after which they may remove the 
warning labels. Paragraph (c)(3) specifies that if, after ventilation, 
the concentrations are not at or below the PEL or below the IDLH 
employers have a Marine Chemist or CIH retest the space until they can 
certify it as ``Enter with Restrictions'') \3\ or ``Safe for Workers.''
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    \2\ Paragraph (b) of Sec.  1915.11 (``Scope, application and 
definitions applicable to this subpart'') defines IDLH as ``an 
atmosphere that poses an immediate threat to life or that is likely 
to result in acute or immediate severe health effects.''
    \3\ As defined under Sec.  1915.11(b), the term ``enter with 
restrictions'' means ``[denoting] a space where entry for work is 
permitted only if engineering controls, personal protective 
equipment, clothing, and time limitations are as specified by the 
Marine Chemist, Certified Industrial Hygienist, or the shipyard 
competent person.''
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    Training of Employees Entering Confined and Enclosed Spaces or 
Other Dangerous Atmospheres and Training Certification Records (Sec.  
1915.12(d)). Paragraphs (d)(1) through (d)(4) require employers to 
train employees who enter a confined and enclosed space or other 
dangerous atmospheres so they can perform their duties safely. 
Employees must receive the required training before they begin to work 
in the space, and if a change in operations or their duties results in 
a new hazard not previously addressed by the training. Employers must 
train employees to recognize the characteristics of the confined space; 
anticipate and be aware of the hazards that may be present in the 
space; recognize the adverse health effects that these hazards may 
cause; understand the physical signs and reactions that may result from 
exposure to these hazards; know what personal protective equipment is 
needed for safe entry in and exit from the space; and be aware of and 
know the proper use of barriers that may be needed to protect employees 
from the hazards. In addition, paragraph (d)(3) specifies that 
employees be trained to exit the space if the employer or employer 
representative orders an evacuation, an evacuation signal or alarm is 
activated, or the employee perceives there is a dangerous condition.
    Under paragraph (d)(5), employers must certify that each employee 
received the required training. The certification is to contain the 
employee's name, the name of the certifier, and the certification date, 
and be available for inspection by OSHA compliance officers, NIOSH, and 
employees and their representatives.
    Rescue Teams (Sec.  1915.12(e)). Under paragraph (e), employers 
must establish a shipyard rescue team, or arrange for an outside rescue 
team that will respond promptly to the employer's request for rescue 
service. For shipyard-based rescue teams, paragraph (e)(1) specifies 
that employers must provide and train team members to use personal 
protective equipment necessary to make a rescue, train each team member 
to perform his/her rescue functions, ensure that the team practices its 
skills at least once a year,\4\ and have at least one person on a team 
maintain current first aid certification.\5\ If employers use an 
outside rescue team, paragraph (e)(2) requires them to inform the 
members of the team of the hazards they may encounter when called to 
rescue employees from confined and enclosed spaces or other dangerous 
atmospheres at the shipyard facility.
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    \4\ During practice drills, team members must do rescue 
simulations using mannequins and rescue equipment involving physical 
facilities that closely approximate the facilities from which they 
may make a rescue.
    \5\ Including maintenance of an airway, control of bleeding, 
maintenance of circulation, and cardiopulmonary resuscitation (CPR) 
skills.
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    Exchanging Hazard Information Between Employers (Sec.  1915.12(f)). 
If an employer has employees who work in confined and enclosed spaces 
or other dangerous atmospheres, this paragraph requires the employer to 
inform other employers whose employees may enter the same space about 
the hazards, safety rules, and emergency procedures concerning those 
spaces and atmospheres.
(B) Cleaning and Other Cold Work (Sec.  1915.13)
    Requirements for Performing Cleaning and Cold Work (Sec.  
1915.12(b)(10)). Paragraph (b)(2) requires that a competent person test 
the concentration of flammable, combustible, toxic, corrosive or 
irritant vapors within the confined or enclosed space prior to 
employees beginning cleaning or cold work. Paragraph (b)(3) specifies 
that continuous ventilation must be provided at volumes and flow rates 
that ensure that the concentration of flammable vapor is maintained 
below 10 percent of the LEL, and toxic, corrosive or irritant vapors 
are maintained within the PELs and below IDLH levels. Paragraph (b)(4) 
requires that the competent person also conduct testing as often as 
necessary during cleaning or cold work to ensure that air 
concentrations remain at the levels specified in paragraph (b)(3).
    Paragraph (b)(7) requires that the competent person test 
ventilation discharge areas and other areas where discharge vapors may 
collect to determine whether those vapors are accumulating in 
concentrations that are hazardous to employees. If accumulations are 
hazardous, all work in the contaminated areas must be stopped until the 
vapors have dissipated or been removed.
    Paragraph (b)(10) requires that employers post signs in a prominent 
location prohibiting sources of ignition within or near a space that 
previously contained flammable or combustible liquids or gases in bulk 
quantities. Employers must post these signs at the entrance to the 
space, in adjacent spaces, and in the open area adjacent to these 
spaces.
(C) Hot Work (Sec.  1915.14)
    Hot Work Requiring Testing by a Marine Chemist or Coast Guard 
Authorized Person (Sec.  1915.14(a)(1) and (a)(2)). Under paragraph 
(a)(1), employers must have a Marine Chemist or a U.S. Coast Guard 
authorized person test and certify a work area as safe for hot work if 
the area is in or on any of the following confined and enclosed spaces 
and other dangerous atmospheres, boundaries of spaces, or pipelines: 
Within, on, or immediately adjacent to spaces that contain or 
previously contained combustible or flammable liquids or gases or fuel 
tanks that contain or previously contained fuel; or pipelines, heating 
coils, pump fittings, or other accessories connected to spaces that 
contain or previously contained fuel.\6\ Under paragraph (a)(2), 
employers must post the certificate in the immediate vicinity of the 
hot work operation while the operation is in progress. On completion of 
the operation, they must file the certificate for at least three 
months.
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    \6\ The provision specifies an exception for hot work performed 
on dry cargo, miscellaneous, or passenger vessels and land-side 
operations in spaces that meet the requirements for oxygen, 
flammability, and toxicity specified in Sec.  1915.12, but only if 
the flammable gases or liquids in the adjacent spaces have a flash 
point below 150[deg] F (65.6[deg] C) and the distance between these 
spaces and the hot work is at least 15 feet (7.62 m).
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    Hot Work Requiring Testing by a Competent Person (Sec.  
1915.14(b)(1) and (b)(2). Paragraph (b)(1) specifies that before 
starting any hot work in or on the following spaces or adjacent spaces 
or other dangerous atmospheres, employers must have a competent person 
test and determine that the space

[[Page 16874]]

does not contain concentrations of flammable vapors equal to or greater 
than 10 percent of the LEL: Dry cargo holds; bilges; and engine rooms; 
boiler spaces; vessels and vessel sections; landside confined and 
enclosed spaces; or other dangerous atmospheres not requiring 
certification by a Marine Chemist or Coast Guard authorized person. If 
the concentration of flammable vapors or gases is equal to or greater 
than 10 percent of the LEL in these or adjacent spaces, paragraph 
(b)(2) specifies that the employer must label the space ``Not Safe for 
Hot Work.'' Employers must provide ventilation in the space at a volume 
and flow rate that maintains the concentration of flammable vapors 
below 10 percent of the LEL, after which they may remove the warning 
label.
(C) Maintenance of Safe Conditions (Sec.  1915.15)
    Alteration of Existing Conditions (Sec.  1915.15(b)). If a change 
occurs that may alter the atmospheric conditions within a tested 
confined or enclosed space or other dangerous atmosphere (e.g., opening 
a manhole or other closures, adjusting a valve that regulates the flow 
of hazardous materials), this provision requires employers to stop work 
in the affected space or work area. Work may resume only after visual 
inspection and retesting finds that the affected space or work area 
meets the requirements of the subpart.
    Test to Maintain the Conditions of a Marine Chemist's or Coast 
Guard Authorized Person's Certificates (Sec.  1915.15(c)). This 
paragraph requires employers to ensure that a competent person visually 
inspects and tests each space certified as ``Safe for Workers'' or 
``Safe for Hot Work'' as often as necessary to ensure that the 
atmospheric conditions in the space conform to the conditions 
established by the certificate.
    Change in the Conditions of a Marine Chemist's or Coast Guard 
Authorized Person's Certificates (Sec.  1915.15(d)). If a competent 
person finds that the atmospheric conditions in a certified space fail 
to meet the applicable requirements of the subpart, employers must stop 
work in the space until a Marine Chemist or Coast guard authorized 
person retests the space and issues a new certificate.
    Tests to Maintain a Competent Person's Findings (Sec.  
1915.156(e)); and Changes in the Conditions Determined by a Competent 
Person's Findings (Sec.  1915.15(f)). Paragraph (3) specifies that 
after a competent person conducts the required initial visual 
inspection and tests and determines that a space is safe for employee 
entry, employers must ensure that the required atmospheric conditions 
are being maintained by having a competent person continue to test and 
visually inspect the space as often as necessary. Paragraph (f) 
specifies that if the atmospheric conditions do not meet the 
requirements of the subpart, employers must stop work in the space 
until conditions in the space are brought into compliance.
(D) Warning Signs and Labels (Sec.  1915.16)
    This paragraph establishes protocols for preparing the sign and 
labels required in previous paragraphs.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the purposed 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 (paperwork) requirements 
necessitated 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 will include 
this summary in its request to OMB to extend the approval of these 
collection of information requirements.
    Type of Review: Extension of currently approved information 
collection requirements.
    Title: Subpart A (``General Provisions'') and Subpart B (``Confined 
and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard 
Employment'') of 29 CFR part 1915.
    OMB Number: 1218-0011.
    Affected Public: Business or other for-profits; Not-for-profit 
organizations; Federal Government; State, Local or Tribal Government.
    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 
shipyard.
    Estimated Total Burden Hours: 348,394.
    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 and supporting materials in response to 
this notice by (1) hard copy, (2) FAX transmission (facsimile), or (3) 
electronically through the OSHA Webpage. Because of security-related 
problems, there may be a significant delay in the receipt of comments 
by regular mail. Please contact the OSHA Docket Office at (202) 693-
2350 (TTY (877) 889-5627) for information about security procedures 
concerning the delivery of submissions by express delivery, hand 
delivery and courier service.
    All comments, submissions and background documents are available 
for inspection and copying at the OSHA Docket Office at the above 
address. Comments and submissions posted on OSHA's Webpage are 
available at http://www.OSHA.gov. Contact the OSHA Docket Office for 
information about materials not available through the OSHA Webpage and 
for assistance using the Webpage to locate docket submissions.
    Electronic copies of the Federal Register notice as well as other 
relevant documents are available on OSHA's Webpage. Since all 
submissions become public, private information such as social security 
numbers should not be submitted.

V. Authority and Signature

    Jonathan L. Snare, Acting 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-
2002 (67 FR 65008).

    Signed at Washington, DC, on March 28, 2005.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
[FR Doc. 05-6487 Filed 3-31-05; 8:45 am]
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