[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Notices]
[Pages 11733-11735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04367]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0008]


Commercial Diving Operations Standard; 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 the proposal to 
extend OMB approval of the information collection requirements 
specified by the Commercial Diving Operations Standard.

DATES: Comments must be submitted (postmarked, sent, or received) by 
May 2, 2022.

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.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket 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 website. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY 
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2011-0008) for the Information Collection Request 
(ICR). OSHA will place all comments, including personal information in 
the public docket, which may be available online. Therefore, OSHA 
cautions interested parties about submitting personal information such 
as social security numbers and birthdates. For further information on 
submitting comments, see the ``Public Participation'' heading in the 
section of this notice titled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney, 
Directorate of Standards and Guidance,

[[Page 11734]]

OSHA, U.S. Department of Labor; telephone (202) 693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of the 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) (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 (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 incidents (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 effort in 
obtaining information (29 U.S.C. 657).
    The information collection requirements specified in the Commercial 
Diving Operations (CDO) Standard (29 CFR part 1910, subpart T) for 
general industry helps protect workers from the adverse health effects 
that may result from their involvement in CDO, and provide access to 
these records by OSHA, the National Institute for Occupational Safety 
and Health, the affected workers, and designated representatives. The 
major information collection requirements of the CDO Standard include 
the following elements of the Standard.
    Sec.  1910.401(b). Allows employers to deviate from the 
requirements of the subpart to the extent necessary to prevent or 
minimize a situation that is likely to cause death, serious physical 
harm, or major environmental damage. They must provide written notice 
to the OSHA Area Director within 48 hours and must describe the reason 
for and extent of the deviation.
    Sec. Sec.  1910.410(a)(3) and (a)(4). Employers must train all dive 
team members in cardiopulmonary resuscitation and first aid (i.e., the 
American Red Cross standard course or equivalent). Additionally, 
employers must train dive team members exposed to hyperbaric 
conditions, or who control exposure of other workers to such 
conditions, in diving-related physics and physiology.
    Sec. Sec.  1910.420(a) and (b). Employers must develop and maintain 
a safe practices manual and make it available to each dive team member 
at the dive location. For each diving mode used at the dive location, 
the manual must contain: Safety procedures and checklists for diving 
operations; assignments and responsibilities of the dive team members; 
equipment procedures and checklists; and emergency procedures for fire, 
equipment failures, adverse environmental conditions, and medical 
illness and injury.
    Sec.  1910.421(b). Employers are to keep at the dive location a 
list of telephone or call numbers for the following emergency 
facilities and services: An operational decompression chamber (if such 
a chamber is not at the dive location), accessible hospitals, available 
physicians and means of emergency transportation, and the nearest U.S. 
Coast Guard Rescue Coordination Center.
    Sec.  1910.421(f). Requires employers to brief dive team members on 
the diving-related tasks they are to perform, safety procedures for the 
diving mode used at the dive location, any unusual hazards or 
environmental conditions likely to affect the safety of the diving 
operation, and any modifications to operating procedures necessitated 
by the specific diving operation. Before assigning diving-related 
tasks, employers must ask each dive team member about their current 
state of physical fitness, and inform the member about the procedure 
for reporting physical problems or adverse physiological effects during 
and after the dive.
    Sec.  1910.421(h). If the diving operation occurs in an area 
capable of supporting marine traffic and occurs from a surface other 
than a vessel, employers are to display a rigid replica of the 
international code flag ``A'' that is at least one meter in height so 
that it is visible from any direction; the employer must illuminate the 
flag during night diving operations.
    Sec.  1910.422(e). Employers must develop and maintain a depth-time 
profile for each diver that includes, as appropriate, any breathing gas 
changes or decompression.
    Sec. Sec.  1910.423(b)(1)(ii) through (b)(2). Requires the employer 
to: Instruct the diver to report any physical symptoms or adverse 
physiological effects, including symptoms of decompression sickness 
(DCS); advise the diver of the location of a decompression chamber that 
is ready for use; and alert the diver to the potential hazards of 
flying after diving. For any dive outside the no-decompression limits, 
deeper than 100 feet, or that uses mixed gas in the breathing mixture, 
the employer must also inform the diver to remain awake and in the 
vicinity of the decompression chamber that is at the dive location for 
at least one hour after the dive or any decompression or treatment 
associated with the dive.
    Sec.  1910.423(d). Employers are to record and maintain the 
following information for each diving operation: The names of dive-team 
members; date, time, and location; diving modes used; general 
description of the tasks performed; an estimate of the underwater and 
surface conditions; and the maximum depth and bottom time for each 
diver. In addition, for each dive outside the no-decompression limits, 
deeper than 100 feet, or that uses mixed gas in the breathing mixture, 
the employer must record and maintain the following information for 
each diver: Depth-time and breathing gas profiles; decompression table 
designation (including any modifications); and elapsed time since the 
last pressure exposure if less than 24 hours or the repetitive dive 
designation. If the dive results in DCS symptoms, or the employer 
suspects that a diver has DCS, the employer must record and maintain a 
description of the DCS symptoms (including the depth and time of 
symptom onset) and the results of treatment.
    Sec.  1910.423(e). Requires employers to assess each DCS incident 
by: Investigating and evaluating it based on the recorded information, 
consideration of the past performance of the decompression profile 
used, and the diver's individual susceptibility to DCS; taking 
appropriate corrective action to reduce the probability of a DCS 
recurrence; and, within 45 days of the DCS incident, preparing a 
written evaluation of this assessment, including any corrective action 
taken.
    Sec. Sec.  1910.430(a), (b)(4), (c)(1)(i) through (c)(1)(iii), 
(c)(3)(i), (f)(3)(ii), and (g)(2). Employers must record by means of 
tagging or a logging system any work performed on equipment, including 
any modifications, repairs, tests, calibrations, or maintenance 
performed on the equipment. This record is to include the date and 
description of the work, as well as the name or initials of the 
individual who performed the work.
    Employers must test two specific types of equipment, including, 
respectively: The output of air compressor systems used to supply

[[Page 11735]]

breathing air to divers for air purity every six months by means of 
samples taken at the connection to the distribution system; and 
breathing-gas hoses at least annually at one and one-half times their 
working pressure. Employers must mark each umbilical (i.e., separate 
lines supplying air and communications to a diver, as well as a safety 
line, tied together in a bundle), beginning at the diver's end, in 10-
foot increments for 100 feet, then in 50-foot increments thereafter. 
Employers must also regularly inspect and maintain mufflers located in 
intake and exhaust lines on decompression chambers and test depth 
gauges using dead-weight testing, or calibrate the gauges against a 
master reference gauge; such testing or calibration is to occur every 
six months or if the employer finds a discrepancy larger than two 
percent of the full scale between any two equivalent gauges. Employers 
must make a record of the tests, calibrations, inspections, and 
maintenance performed on the equipment.
    Sec. Sec.  1910.440(a)(2) and (b). Employers must record any 
diving-related injuries or illnesses that result in a dive-team member 
remaining in the hospital for at least 24 hours. This record is to 
describe the circumstances of the incident and the extent of any 
injuries or illnesses.
    Employers must make any record required by the Subpart available, 
on request, for inspection and copying to an OSHA compliance officer or 
to a representative of the National Institute for Occupational Safety 
and Health (NIOSH). Employers are to provide workers, their designated 
representatives, and OSHA compliance officers with exposure and medical 
records generated under the Subpart in accordance with Sec.  1910.1020 
(``Access to worker exposure and medical records''); these records 
include safe practices manuals, depth-time profiles, diving records, 
DCS incident assessments, and hospitalization records. Additionally, 
employers must make equipment inspection and testing records available 
to workers and their designated representative on request.
    Employers must retain these records for the following periods: Safe 
practices manuals, current document only; depth-time profiles, until 
completing the diving record or the DCS incident assessment; diving 
records, one year, except five years if a DCS incident occurred during 
the dive; DCS incident assessments, five years; hospitalization 
records, five years; and equipment inspections and testing records, 
current tag or log entry until the employer removes the equipment from 
service.

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

    The agency is requesting an adjustment increase in burden from 
67,168 hours to 170,806 hours, a difference of 103,638 hours. The 
increase in burden is due to the increase in the number of professional 
divers going from 3,280 to 3,460 in which increased the number of 
affected facilities.
    OSHA will summarize the comments submitted in response to this 
notice and will include this summary in the request to OMB to extend 
the approval of the information collection requirements.
    Type of Review: Extension of a currently approved collection.
    Title: Commercial Diving Operations Standard (29 CFR part 1910, 
subpart T).
    OMB Control Number: 1218-0069.
    Affected Public: Business or other for-profits.
    Number of Respondents: 1,153.
    Number of Responses: 1,397,799.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 170,806.
    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; or (3) by hard copy. Please note: 
While OSHA's Docket Office is continuing to accept and process 
submissions by hand, express mail, messenger, and courier service, all 
comments, attachments, and other material must identify the agency name 
and the OSHA docket number for the 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 facsimile 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 the docket number so that the agency can attach 
them to your comments.
    Due to security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments.
    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 
date 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 
website. All submissions, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the http://www.regulations.gov website to submit comments and 
access the docket is available at the website's ``User Tips'' link. 
Contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627) 
for information about materials not available from the website, and for 
assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Deputy 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. 1-2012 
(77 FR 3912).

    Signed in Washington, DC, on February 15, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-04367 Filed 3-1-22; 8:45 am]
BILLING CODE 4510-26-P