[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Notices]
[Pages 67480-67481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28267]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0008]


Standard on Commercial Diving Operations; 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 comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to 
extend OMB approval of the information collection requirements 
specified in the Commercial Diving Operations Standard (29 CFR part 
1910, subpart T).

DATES: Comments must be submitted (postmarked, sent, or received) by 
January 3, 2012.

ADDRESSES: Electronically: You may submit comments and attachments 
electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit your comments and attachments 
to the OSHA Docket Office, Docket No. OSHA-2011-0008, U.S. Department 
of Labor, Occupational Safety and Health Administration, Room N-2625, 
200 Constitution Avenue NW., Washington, DC 20210. 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. to 4:45 p.m., E.T.
    Instructions: All submissions must include the Agency name and OSHA 
docket number (OSHA-2011-0008) for the Information Collection Request 
(ICR). 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. For further information 
on submitting comments see the ``Public Participation'' heading in the 
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket (including this Federal 
Register notice) 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 the Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You also may contact Theda Kenney at 
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate 
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

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 (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 OSH Act) (29 U.S.C. 651 
et seq.) authorizes information collection by employers as necessary or 
appropriate for enforcement of the OSH Act or for developing 
information regarding the causes and prevention of occupational 
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also 
requires that OSHA obtain such information with minimum burden upon 
employers, especially those operating small businesses, and to reduce 
to the maximum extent feasible unnecessary duplication of efforts in 
obtaining information (29 U.S.C. 657).
    As required by the Paperwork Reduction Act of 1995 (the PRA-95) (44 
U.S.C. 3506(c)(2)(A)), OSHA published a notice in the Federal Register 
on March 16, 2011 (76 FR 14432, Docket No. OSHA-2011-0008) requesting 
public comment on its proposed extension of the information collection 
requirements referenced in the existing Standard on Commercial Diving 
Operations (29 CFR part 1910, Subpart

[[Page 67481]]

T, ``the Standard''). The notice was part of a preclearance 
consultation program intended to provide those interested parties the 
opportunity to comment on OSHA's request for an extension by OMB of a 
previous approval of the information collection requirements in the 
Standard. The Agency received nine comments in response to its notice.
    However, as a result of the Standards Improvement Project--Phase 
III (SIP-III) final rule published on June 8, 2011 (76 FR 33590), the 
provision that required employers to ``transfer records'' to NIOSH when 
they ceased to do business (formerly 29 CFR 1910.440(b)(5)) was 
revoked. In accordance with the PRA-95, prior to issuance of the final 
rule, on May 27, 2011, OSHA submitted a revised Information Collection 
Request (ICR) to OMB requesting approval to remove this requirement and 
the associated burden hours and costs. On August 11, 2011, OMB issued a 
Notice of Action (NOA) indicating approval of the request.
    In addition, the NOA instructed the Department of Labor to publish 
a second notice in the Federal Register to solicit comments on its 
proposal to extend OMB's approval of the information collection 
requirements. In response, this notice fulfills the NOA instructions. 
The Agency will respond to any comments submitted in response to this 
notice and submit the final ICR to OMB.
    The Standard applies to diving and related support operations 
conducted by employers involved in general industry, construction, ship 
repairing, shipbuilding, shipbreaking, and longshoring, and specifies 
equipment and procedures that prevent injury and death among workers 
exposed to hazards associated with diving and diving support 
operations.
    The Standard contains a number of paperwork requirements. Following 
is a list of provisions containing these requirements.
    Section 1910.401(b), Sections 1910.410(a)(3) and (a)(4), Section 
1910.420(a), Section 1910.421(b), Section 1910.421(f), Section 
1910.421(h), Section 1910.422(e), Sections 1910.423(b)(1)(ii) through 
(b)(2), Section 1910.423(d), Section 1910.423(e), Sections 1910.430(a), 
(b)(4), (c)(1)(iii), (c)(3)(i), (f)(3)(ii), and (g)(2), and Sections 
1910.440(a)(2) and (b).

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 to 
protect workers, 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 is requesting that it retain OMB approval of its current 
burden hour estimate of 205,096 hours. The Agency will summarize any 
comments submitted in response to this notice and will include this 
summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Commercial Diving Operations (29 CFR part 1910, subpart T).
    OMB Number: 1218-0069.
    Affected Public: Business or other for-profits; Not-for-profit 
institutions; Federal Government; State, Local or Tribal Governments.
    Number of Respondents: 3,000.
    Frequency: On occasion; Annually.
    Total Responses: 4,002,965.
    Average Time per Response: Varies from 3 minutes (.05 hour) to 
replace the safe practices manual to 1 hour to develop a new manual.
    Estimated Total Burden Hours: 205,096.
    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 in response to this document as follows: 
(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 Information Collection Request 
(ICR) (Docket No. OSHA-2011-0008). You may supplement electronic 
submissions by uploading document files electronically. If you wish to 
mail additional materials in reference to an electronic or a fax 
submission, you must submit them to the OSHA Docket Office (see the 
section of this notice titled ADDRESSES). The additional materials must 
clearly identify your electronic comments by your name, date, and 
docket number so the Agency can attach them to your comments.
    Because of security 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 at (202) 693-2350, (TTY (877) 889-5627).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting personal information, such as social security numbers and 
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download through this 
Web site. All submissions, including copyrighted material, are 
available for inspection and copying at the OSHA Docket Office. 
Information on using the http://www.regulations.gov Web site to submit 
comments and access the docket is available at the Web site's ``User 
Tips'' link. Contact the OSHA Docket Office for information about 
materials not available through the Web site, and for assistance in 
using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, 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. 4-2010 
(75 FR 55355).

    Signed at Washington, DC, on October 27, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-28267 Filed 10-31-11; 8:45 am]
BILLING CODE 4510-26-P