[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Notices]
[Pages 45026-45028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11174]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0035]


Subpart A (General Provisions) and Subpart B (Confined and 
Enclosed Spaces and other Dangerous Atmospheres in Shipyard 
Employment); 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 the Office of Management and Budget's (OMB) approval of the 
information collection requirements specified in the subpart A (General 
Provisions) and subpart B (Confined and Enclosed Spaces and other 
Dangerous Atmospheres in Shipyard Employment).

DATES: Comments must be submitted (postmarked, sent, or received) by 
July 22, 2024.

ADDRESSES: 
    Electronically: You may submit comments and attachments

[[Page 45027]]

electronically at https://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 https://www.regulations.gov. Documents in the docket are 
listed in the https://www.regulations.gov index; however, some 
information (e.g., copyrighted material) is not publicly available to 
read or download through the websites. 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-2011-0035) for the Information Collection Request 
(ICR). OSHA will place all comments, including any personal 
information, in the public docket, which may be made 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, Directorate of 
Standards and Guidance, 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, the 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 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 effort in 
obtaining information (29 U.S.C. 657).
    The following is a description of the requirements in subparts A 
and B that pertain to the collection and retention of information. Two 
provisions in subpart A contains paperwork requirements (Sec.  1915.7). 
Section 1915.7(b)(2) specifies that shipyard employers must maintain a 
roster of designated competent persons (for inspecting and testing 
spaces covered by subpart B), or a statement that a marine chemist will 
perform these inspections and tests. Section 1915.7(d) requires 
employers to ensure that competent persons, marine chemists, and 
certified industrial hygienists (CIHs) make a record of each inspection 
and test they conduct, post the record near the covered space while 
work is in progress, and retain the record for at least three months. 
In addition, employers must make the roster or statement, and the 
inspection and test records available by designated parties.
    Subpart B consists of several standards governing entry into 
confined and enclosed spaces and other dangerous atmospheres in 
shipyard employment. These standards require that employers:
     Ensure that competent persons conduct inspections and 
atmospheric testing prior to workers entering a confined or enclosed 
space (Sec. Sec.  1915.12(a)-(c));
     Warn workers not to enter hazardous spaces and other 
dangerous atmospheres (Sec. Sec.  1915.12(a)-(c) and 1915.16);
     Certify that workers who will be entering confined or 
enclosed spaces have been trained (Sec.  1915.12(d)(5));
     Establish and train shipyard rescue teams or arrange for 
outside rescue teams, and provide them with information on the hazards 
that they may encounter (Sec.  1915.12(e));
     Ensure that one person on each rescue team maintains a 
current first aid training certificate (Sec.  1915.12(e)(1)(iv));
     Exchange information regarding hazards, safety rules, and 
emergency procedures concerning confined and enclosed spaces, and 
atmospheres with other employers whose workers may enter these spaces 
and atmospheres (Sec.  1915.12(f));
     Ensure testing of spaces having contained bulk quantities 
of combustible or flammable liquids or gases, and toxic, corrosive, or 
irritating substances before cleaning and other cold work is started, 
and as necessary thereafter while the operations are ongoing 
(Sec. Sec.  1915.13(b)(2) and (4));
     Posting signs prohibiting ignition sources within or near 
a space that has contained bulk quantities of flammable or combustible 
liquids or gases (Sec.  1915.13(b)(10));
     Ensure that confined and enclosed spaces and other 
atmospheres, and boundaries of spaces or pipelines are tested before 
workers perform hot work in these work areas (Sec.  1915.14(a)(1));
     Post certificates of testing conducted by a Marine Chemist 
or Coast Guard authorized person, indicating it is ``Safe for Hot 
Work,'' in the immediate vicinity of the hot-work operation while the 
operation is in progress (Sec. Sec.  1915.14(a));
     Retain certificates of testing conducted by a Marine 
Chemist or Coast Guard authorized person on file for at least three 
months after completing the operation (Sec.  1915.14(a)(2)); and
     Post warning labels, indicating it is ``Not Safe for Hot 
Work,'' where testing of a space or adjacent space where the hot work 
is to be done has a concentration of flammable vapors or gases equal to 
or greater than 10 percent of the lower explosive limit.

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, and 
transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend the approval of the information 
collection requirements contained in Subpart A (General Provisions) and 
Subpart B (Confined and Enclosed Spaces and other Dangerous Atmospheres 
in Shipyard Employment). The agency is requesting an adjustment 
decrease in burden from 566,818 hours to 558,598 hours, a difference of 
8,220

[[Page 45028]]

hours. This adjustment decrease is due to the decrease in the number of 
establishments from 4,716 to 4,674 and a decrease in the number of 
employees from 150,866 to 150,158.
    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: Subpart A (General Provisions) and Subpart B (Confined and 
Enclosed Spaces and other Dangerous Atmospheres in Shipyard 
Employment).
    OMB Control Number: 1218-0011.
    Affected Public: Business or other for-profits.
    Number of Respondents: 4,674.
    Number of Responses: 3,505,495.
    Frequency of Responses: 1.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 558,598.
    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 https://www.regulations.gov, which is the Federal 
eRulemaking Portal; or (2) by facsimile (fax), if your comments, 
including attachments, are not longer than 10 pages you may fax them to 
the OSHA Docket Office at 202-693-1648. All comments, attachments, and 
other material must identify the agency name and the OSHA docket number 
for the ICR (OSHA-2011-0035). You may supplement electronic submission 
by uploading document files electronically.
    Comments and submissions are posted without change at https://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 https://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download from this 
website. All submission, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the https://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. 8-2020 
(85 FR 58393).

    Signed at Washington, DC, on May 15, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-11174 Filed 5-21-24; 8:45 am]
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