[Federal Register Volume 73, Number 15 (Wednesday, January 23, 2008)]
[Proposed Rules]
[Pages 3893-3894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1081]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket ID-OSHA-2007-0026]
RIN 1218-AB47


Confined Spaces in Construction

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

ACTION: Notice of Proposed Rulemaking; extension of written comment 
period.

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SUMMARY: On November 28, 2007, OSHA published a Notice of Proposed 
Rulemaking (NPRM) titled ``Confined Spaces in Construction.'' The 
period for submitting written comments is being extended 30 days to 
allow parties affected by the rule more time to review the proposed 
rule and collect information and data necessary for comments.

DATES: Comments must be submitted (postmarked or sent) by February 28, 
2008.

ADDRESSES: You may submit written comments, identified by Docket No. 
OSHA-2007-0026, by any of the following methods:
    Electronically: You may submit comments and attachments 
electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for making 
electronic submissions.
    Fax: If your comments, including attachments, do not exceed 10 
pages, you may fax them to the OSHA Docket Office at (202) 693-1648.
    Mail, hand delivery, express mail, messenger or courier service: 
You must submit three copies of your comments and attachments to the 
OSHA Docket Office, Docket No. OSHA-2007-0026, U.S. Department of 
Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210; 
telephone (202) 693-2350 (OSHA's TTY number is (877) 889-5627). 
Deliveries (hand, express mail, messenger and courier service) are 
accepted during the Department of Labor's and Docket Office's normal 
business hours, 8:15 a.m.-4:45 p.m., E.T.
    Instructions: All submissions must include the Agency name and the 
docket number for this rulemaking (Docket No. OSHA-2007-0026). All 
comments, including any personal information you provide, are placed in 
the public docket without change and may be made available online at 
http://www.regulations.gov. Therefore, OSHA cautions you about 
submitting personal information such as social security numbers and 
birthdates. For further information on submitting comments, plus 
additional information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: To read or download comments and materials submitted in 
response to this Federal Register notice, go to Docket No. OSHA-2007-
0026 at http://www.regulations.gov or at the OSHA Docket Office at the 
above address. All comments and submissions are listed in the http://www.regulations.gov index; however, some information (e.g., copyrighted 
material) is not publicly available to read or download through that 
Web page. All comments and submissions, including copyrighted material, 
are available for inspection and copying at the OSHA Docket Office.
    For information on accessing exhibits referenced in the Confined 
Spaces in Construction proposal, see the ``Public Participation'' 
heading in the SUPPLEMENTARY INFORMATION section of this document.
    Electronic copies of this Federal Register document are available 
at http://www.regulations.gov. Copies also are available from the OSHA 
Office of Publications, Room N-3101, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
1888. This document, as well as news releases and other relevant 
information, also are available at OSHA's Web page at http://www.osha.gov.

FOR FURTHER INFORMATION CONTACT: General information and press 
inquiries: Contact Mr. Kevin Ropp, Office of Communications, Room N-
3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Washington, DC 20210; telephone (202) 693-1999.
    Technical inquiries: Contact Mr. Garvin Branch, Directorate of 
Construction, Room N-3468, OSHA, U.S. Department of Labor, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2020 or fax (202) 693-1689.

SUPPLEMENTARY INFORMATION: 

I. Extension of Comment Period

    On November 28, 2007, at 72 FR 67351, OSHA published a Notice of 
Proposed Rulemaking (NPRM) titled ``Confined Spaces in Construction.'' 
In this NPRM, OSHA announced a proposed rule for confined spaces in 
construction; provided an explanation of the rule and its economic 
analysis; and solicited comments from the public regarded various 
confined-spaces issues. The period for submitting written comments was 
to expire on January 28, 2008. However, the following associations have 
requested a 60-day extension for submitting their written comments and 
information: The National Association of Home Builders (NAHB), the 
National Utility Contractors Association (NUCA), and the Associated 
Builders and Contractors Association (ABC). The NAHB cites as reasons 
for its request the complexity of the rule and its need for additional 
time to enable them to consult with their members. The ABC cites these 
reasons and notes that the comment period coincided with the holiday 
season, which made it more difficult for ABC to survey its members on 
the NPRM.
    OSHA believes that a 30-day extension will be sufficient to 
accommodate these considerations, facilitate the submission of more 
thorough reviews, and provide OSHA with a complete record for this

[[Page 3894]]

proposed rule. Accordingly, the comment period has been extended by 30 
days and written comments must now be submitted (sent or postmarked) by 
February 28, 2008.

II. Submission of Comments and Access to Comments

    You may submit comments in response to this document (1) 
electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All 
comments, attachments and other material must identify the Agency name 
and the OSHA docket number for this rulemaking (Docket No. OSHA-2007-
0026). You may supplement electronic submissions by uploading document 
files electronically. If, instead, you wish to mail additional 
materials in reference to an electronic or fax submission, you must 
submit three copies to the OSHA Docket Office (see ADDRESSES section). 
The additional materials must clearly identify your electronic comments 
by name, date, and docket number so OSHA can attach them to your 
comments.
    Because of security-related procedures, the use of regular mail may 
cause a significant delay in the receipt of comments. For information 
about security procedures concerning the delivery of materials by hand, 
express delivery, messenger or courier service, please contact the OSHA 
Docket Office (see ADDRESSES section).
    Comments and submissions in response to this Federal Register 
notice are posted without change at http://www.regulations.gov (Docket 
No. OSHA-2007-0026). Therefore, OSHA cautions commenters about 
submitting personal information such as social security numbers and 
date of birth.
    Although all submissions in response to this Federal Register 
notice and all supporting materials cited in the Confined Spaces in 
Construction proposal are listed in the http://www.regulations.gov and 
http://dockets.osha.gov indexes, some information (e.g., copyrighted 
material) is not publicly available to read or download from that Web 
page. All submissions and supporting materials, including copyrighted 
material, are available for inspection and copying at the OSHA Docket 
Office.
    Information on using the http://www.regulations.gov Web page to 
submit comments is available at the Web page's User Tips link. Contact 
the OSHA Docket Office for information about materials not available 
through the Web pages and for assistance in using the Internet to 
locate docket submissions.
    Electronic copies of this Federal Register document are available 
at http://www.regulations.gov. This document, as well as news releases 
and other relevant information, also are available at OSHA's Web page 
at http://www.osha.gov.

Authority and Signature

    This document was prepared under the authority of Edwin G. Foulke, 
Jr., Assistant Secretary of Labor for Occupational Safety and Health, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210, pursuant to Sections 4, 6, and 8 of the OSH Act of 1970 (29 
U.S.C. 653, 655, 657), Secretary of Labor's Order 5-2007 (72 FR 31159), 
and 29 CFR part 1911.

    Signed at Washington, DC this 17th day of January, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E8-1081 Filed 1-22-08; 8:45 am]
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