80 FR 23297 - Permit-Required Confined Spaces; Extension of the Office of Management and Budget's (OMB) Approval of Collection of Information (Paperwork) Requirements

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 80, Issue 80 (April 27, 2015)

Page Range		23297-23300
FR Document		2015-09698
OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget's (OMB) approval of the collection of information requirements contained in the Standard on Permit-Required Confined Spaces (29 CFR 1910.146).
Federal Register, Volume 80 Issue 80 (Monday, April 27, 2015)
[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Notices]
[Pages 23297-23300]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09698]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0858]


Permit-Required Confined Spaces; Extension of the Office of 
Management and Budget's (OMB) Approval of Collection of Information 
(Paperwork) Requirements

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

ACTION: Request for public comments.

-----------------------------------------------------------------------

SUMMARY: OSHA solicits public comments concerning its proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
collection of information requirements contained in the Standard on 
Permit-Required Confined Spaces (29 CFR 1910.146).

DATES: Comments must be submitted (postmarked, sent, or received) by 
June 26, 2015.

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

[[Page 23298]]

using this method, you must submit your comments and attachments to the 
OSHA Docket Office, Docket No. OSHA-2011-0858, Occupational Safety and 
Health Administration, U.S. Department of Labor, 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 the 
OSHA docket number (OSHA-2011-0858) 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 from 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 collection of 
information requirements in accord 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 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).
    The purpose of the collection of information requirements specified 
in the Permit-Required Confined Spaces Standard is to ensure that 
employers systematically evaluate the dangers in permit spaces before 
entry is attempted, and to ensure that adequate measures are taken to 
make the spaces safe for entry. Section 1910.146(c)(2) requires the 
employer to post danger signs to inform exposed employees of the 
existence and location of, and the dangers posed by, permit spaces.
    Section 1910.146(c)(4) requires the employer to develop and 
implement a written ``permit-space program'' when the employer decides 
that its employees will enter permit spaces. The written program is to 
be made available for inspection by employees and their authorized 
representatives. Section 1910.146(d) provides the employer with the 
requirements of a permit-required confined space program.
    Section 1910.146(c)(5)(i)(E) requires that the determinations and 
supporting data specified by paragraphs (c)(5)(i)(A), (c)(5)(i)(B), and 
(c)(5)(i)(C) of this section are documented by the employer and are 
made available to each employee who enters a permit space or to that 
employee's authorized representative.
    Under paragraph (c)(5)(ii)(H) of Sec.  1910.146, the employer is 
required to verify that the space is safe for entry and that the pre-
entry measures required by paragraph (c)(5)(ii) of this section have 
been taken, using a written certification that contains the date, the 
location of the space, and the signature of the person providing the 
certification. The certification is to be made before entry and is 
required to be made available to each employee entering the space or to 
that employee's authorized representative.
    Section 1910.146(c)(7)(iii) requires the employer to document the 
basis for determining that all hazards in a permit space have been 
eliminated using a certification that contains the date, the location 
of the space, and the signature of the person making the determination. 
The certification is to be made available to each employee entering the 
space or to that employee's authorized representative.
    Section 1910.146(c)(8)(i) requires that the employer inform the 
contractor that the workplace contains permit spaces and that permit 
space entry is allowed only through compliance with a permit space 
program meeting the requirements of this section. Section 
1910.146(c)(8)(ii) requires that the employer apprise the contractor of 
the elements, including the hazards identified and the host employer's 
experience with the space, that make the space in question a permit 
space. Section 1910.146(c)(8)(iii) requires that the employer apprise 
the contractor of any precautions or procedures that the host employer 
has implemented for the protection of employees in or near permit 
spaces where contractor personnel will be working. Section 
1910.146(c)(8)(v) requires the employer to debrief the contractor at 
the conclusion of the entry operations regarding the permit space 
program followed and regarding any hazards confronted or created in 
permit spaces during entry operations.
    Section 1910.146(c)(9)(iii) requires that the contractor inform the 
host employer of the permit space program that the contractor will 
follow and of any hazards confronted or created in permit spaces, 
either through a debriefing or during the entry operation.
    Section 1910.146(d)(5)(vi) requires the employer to immediately 
provide each authorized entrant or that employee's authorized 
representative with the results of any testing conducted in accord with 
paragraph (d) of the Standard.
    Section 1910.146(d)(14) requires employers to review the permit 
space program, using the canceled permits retained under paragraph 
(e)(6) within 1 year after each entry and revise the program as 
necessary, to ensure that employees participating in entry operations 
are protected from permit space hazards.
    Section 1910.146(e)(1) requires the employer to document the 
completion of measures required by paragraph (d)(3) by preparing an 
entry permit before employee entry is authorized. Paragraph (f) of 
Sec.  1910.146 specifies the information to be included on the entry 
permit. Paragraph (e)(3) requires that the employer make the completed 
permit available at the time of entry to all authorized entrants by 
posting the permit at the entry portal or by any

[[Page 23299]]

other equally effective means, so that the entrants can confirm that 
pre-entry preparations have been completed. Paragraph (e)(6) requires 
the employer to retain each canceled entry permit for at least one 
year; any problems encountered during an entry operation must be noted 
on the pertinent permit so that revisions to the permit space program 
can be made.
    Section 1910.146(g)(4) requires that the employer certify that the 
training required by paragraphs (g)(1) through (g)(3) has been 
accomplished by preparing a written certification record.
    Section 1910.146(h)(3) requires the employer to ensure that all 
authorized entrants communicate with the attendant as necessary to 
enable the attendant to monitor entrant status and to enable the 
attendant to alert entrants of the need to evacuate the space as 
required by paragraph (l)(6) of the Standard. Section 1910.146(h)(4) 
requires the employer to ensure that all authorized entrants alert the 
attendant whenever the entrant recognizes any warning sign or symptom 
of exposure to a dangerous situation (paragraph ((h)(4)(i)), or the 
entrant detects a prohibited condition (paragraph (h)(4)(ii)).
    Section 1910.146(i)(5) requires the employer to ensure that each 
attendant communicate with authorized entrants as necessary to monitor 
entrant status and to alert entrants of the need to evacuate the space 
under the conditions specified in paragraphs (i)(6)(i)-(i)(6)(iv) of 
the Standard. Section 1910.146(i)(7) requires the employer to ensure 
that the attendant summon rescue and other emergency services as soon 
as the attendant determines that authorized entrants may need 
assistance to escape from permit space hazards. Section 1910.146(i)(8) 
requires that the employer ensure that the attendant warn unauthorized 
persons that they must stay away from the permit space (paragraph 
(i)(8)(i)); advise unauthorized persons that they must exit immediately 
if they have entered the permit space (paragraph (i)(8)(ii)); and 
inform authorized entrants and the entry supervisor if unauthorized 
persons have entered the permit space (paragraph (i)(8)(iii)).
    Section 1910.146(j)(2) requires the employer to ensure that each 
entry supervisor verifies, by checking that the appropriate entries 
have been made on the permit, that all tests specified by the permit 
have been conducted and that all procedures and equipment specified by 
the permit are in place before endorsing the permit and allowing entry 
to begin.
    Section 1910.146(k)(1)(i) requires the employer to evaluate a 
prospective rescuer's ability to respond to a rescue summons in a 
timely manner, considering the hazard(s) identified; Section 
1910.146(k)(1)(ii) requires the employer to evaluate a prospective 
rescue service's ability, in terms of proficiency with rescue-related 
tasks and equipment, to function appropriately while rescuing entrants 
from the particular permit space or types of permit spaces identified. 
Section 1910.146(k)(1)(iv) requires that the employer inform each 
rescue team or service of the hazards they may confront when called on 
to perform rescue at the site. Section 1910.146(k)(1)(v) requires that 
the employer provide the rescue team or service selected with access to 
all permit spaces from which rescue may be necessary so that the rescue 
service can develop appropriate rescue plans.
    Section 1910.146(k)(4) requires that if an injured entrant is 
exposed to a substance for which a ``Material Safety Data Sheet'' 
(MSDS) [now referred to as an SDS (Safety Data Sheet)] or other similar 
written information is required to be kept at the worksite, that the 
employer make the MSDS or written information available to the medical 
facility treating the exposed entrant.
    Section 1910.146(l)(1) requires that employers consult with 
affected employees and their authorized representatives on the 
development and implementation of all aspects of the permit space 
program required by paragraph (c). Section 1910.146(l)(2) requires that 
employers make all information required to be developed by this section 
available to affected employees and their authorized representatives.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed collection of information 
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 collection of information 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 of 78,602 burden 
hours (from 1,433,443 to 1,512,045 burden hours). The Agency's 
estimates, based on updated data, that the number of establishments and 
workers affected by the Standard have decreased; however, this 
reduction is partially off-set by the inclusion of burden hours and 
costs associated with the newly-identified collection of information 
requirement related to annual review of the written permit space entry 
program and cancelled permits.
    Type of Review: Extension of a currently approved collection.
    Title: Permit-Required Confined Spaces (29 CFR 1910.146).
    OMB Number: 1218-0203.
    Affected Public: Business or other for-profits.
    Number of Respondents: 1,303,846.
    Frequency of Response: On occasion.
    Total Responses: 7,977,651.
    Average Time per Response: Varies from one minute (.02 hour) to 
maintain a certificate to 16 hours to develop a written permit-space 
entry program.
    Estimated Total Burden Hours: 1,512,045.
    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. All 
comments, attachments, and other material must identify the Agency name 
and the OSHA docket number for this ICR (Docket No. OSHA-2011-0858). 
You may supplement electronic submissions by uploading document files 
electronically. If you wish to mail additional materials in reference 
to an electronic or 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 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://

[[Page 23300]]

www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting personal information such as their social security number 
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 from 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 from 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. 1-2012 
(77 FR 3912).

    Signed at Washington, DC, on April 22, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-09698 Filed 4-24-15; 8:45 am]
 BILLING CODE 4510-26-P
Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Notices 23297

APPENDIX—Continued
[16 TAA petitions instituted between 3/23/15 and 3/27/15]

Subject firm Date of Date of
TA–W Location
(Petitioners) institution petition

85896 ........... Minntac (State/One-Stop) ........................................................ Mt. Iron, MN ............................ 03/24/15 03/23/15
85897 ........... American Cotton Growers LLC (State/One-Stop) ................... Littlefield, TX ........................... 03/24/15 03/23/15
85898 ........... Siemens Energy Inc. (Union) ................................................... Mount Vernon, OH .................. 03/25/15 03/19/15
85899 ........... Smiths Connectors (State/One-Stop) ...................................... Costa Mesa & Irvine, CA ........ 03/25/15 03/24/15
85900 ........... Fort Dearborn Company (Company) ....................................... Bowling Green, KY ................. 03/26/15 03/25/15
85901 ........... United States Steel—Granite City Works (State/One-Stop) .... Granite City, IL ........................ 03/26/15 03/25/15
85902 ........... Surgical Specialties of Puerto Rico (State/One-Stop) ............. Aguadilla, PR .......................... 03/26/15 03/25/15
85903 ........... Verizon Communications Inc. (Workers) ................................. Richardson, TX ....................... 03/26/15 03/25/15
85904 ........... Maverick Tube Corporation b/b/a Tenaris Texas Arai (State/ Houston, TX ............................ 03/26/15 03/25/15
One-Stop).
85905 ........... Hampton Products International Corporation (Workers) ......... Shell Lake, WI ........................ 03/26/15 03/16/15
85906 ........... Finisar Corporation (Company) ................................................ Horsham, PA .......................... 03/27/15 03/26/15

[FR Doc. 2015–09651 Filed 4–24–15; 8:45 am] considered eligible to apply for Signed in Washington, DC, this 14th day of
BILLING CODE 4510–FN–P adjustment assistance under Section 223 April, 2015.
of the Trade Act of 1974, the worker Michael W. Jaffe,
group seeking certification (or on whose Certifying Officer, Office of Trade Adjustment
DEPARTMENT OF LABOR behalf certification is being sought) Assistance.
must work for a ‘‘firm’’ or appropriate [FR Doc. 2015–09659 Filed 4–24–15; 8:45 am]
Employment and Training
subdivision that produces an article. BILLING CODE 4510–FN–P
Administration
The definition of a firm includes an
[TA–W–85,808] individual proprietorship, partnership,
DEPARTMENT OF LABOR
joint venture, association, corporation
Jones Apparel US LLC, Lawrenceburg, (including a development corporation),
Tennessee; Notice of Negative Occupational Safety and Health
business trust, cooperative, trustee in Administration
Determination Regarding Application
bankruptcy, and receiver under decree
for Reconsideration [Docket No. OSHA–2011–0858]
of any court.
By application dated March 10, 2015, In the request for reconsideration the Permit-Required Confined Spaces;
workers requested administrative petitioner, the petitioner did not supply Extension of the Office of Management
reconsideration of the Department of facts not previously considered; nor and Budget’s (OMB) Approval of
Labor’s negative determination provide additional documentation Collection of Information (Paperwork)
regarding eligibility to apply for worker Requirements
indicating that there was either (1) a
adjustment assistance, applicable to
mistake in the determination of facts not AGENCY: Occupational Safety and Health
workers and former workers of Jones
Apparel US LLC, Lawrenceburg, previously considered or (2) a Administration (OSHA), Labor.
Tennessee. The denial notice was misinterpretation of facts or of the law ACTION: Request for public comments.
signed on February 12, 2015, and the justifying reconsideration of the initial
Notice of Determination was published determination. Based on these findings, SUMMARY: OSHA solicits public
in the Federal Register on March 18, the Department determines that 29 CFR comments concerning its proposal to
2015 (80 FR 14166). 90.18(c) has not been met. extend the Office of Management and
Pursuant to 29 CFR 90.18(c) Budget’s (OMB) approval of the
The original investigation confirmed
reconsideration may be granted under collection of information requirements
that the workers’ firm did not produce contained in the Standard on Permit-
the following circumstances: an article. Rather, the workers’ firm
(1) If it appears on the basis of facts Required Confined Spaces (29 CFR
supplied services related to the supply 1910.146).
not previously considered that the of warehousing, distribution, quality
determination complained of was DATES: Comments must be submitted
control, and retail services. The
erroneous; (postmarked, sent, or received) by June
investigation confirmed that production
(2) If it appears that the determination 26, 2015.
of the firm’s apparel product lines
complained of was based on a mistake ADDRESSES:
in the determination of facts not occurs outside of the United States.
Electronically: You may submit
previously considered; or Conclusion comments and attachments
(3) If in the opinion of the Certifying electronically at http://
Officer, a misinterpretation of facts or of After careful review of the application www.regulations.gov, which is the
the law justified reconsideration of the and investigative findings, I conclude Federal eRulemaking Portal. Follow the
decision. that there has been no error or instructions online for submitting
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The negative determination of the misinterpretation of the law or of the comments.
TAA petition filed on behalf of workers facts which would justify Facsimile: If your comments,
at Jones Apparel US LLC, reconsideration of the Department of including attachments, are not longer
Lawrenceburg, Tennessee was based on Labor’s prior decision. Accordingly, the than 10 pages you may fax them to the
the firm not producing an article within application is denied. OSHA Docket Office at (202) 693–1648.
the meaning of Section 222(a) or Section Mail, hand delivery, express mail,
222(b) of the Act. In order to be messenger, or courier service: When

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23298 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Notices

using this method, you must submit instruments are clearly understood, and space have been eliminated using a
your comments and attachments to the OSHA’s estimate of the information certification that contains the date, the
OSHA Docket Office, Docket No. collection burden is accurate. The location of the space, and the signature
OSHA–2011–0858, Occupational Safety Occupational Safety and Health Act of of the person making the determination.
and Health Administration, U.S. 1970 (the OSH Act) (29 U.S.C. 651 et The certification is to be made available
Department of Labor, Room N–2625, seq.) authorizes information collection to each employee entering the space or
200 Constitution Avenue NW., by employers as necessary or to that employee’s authorized
Washington, DC 20210. Deliveries appropriate for enforcement of the OSH representative.
(hand, express mail, messenger, and Act or for developing information Section 1910.146(c)(8)(i) requires that
courier service) are accepted during the regarding the causes and prevention of the employer inform the contractor that
Department of Labor’s and Docket occupational injuries, illnesses, and the workplace contains permit spaces
Office’s normal business hours, 8:15 accidents (29 U.S.C. 657). The OSH Act and that permit space entry is allowed
a.m. to 4:45 p.m., e.t. also requires that OSHA obtain such only through compliance with a permit
Instructions: All submissions must information with minimum burden space program meeting the requirements
include the Agency name and the OSHA upon employers, especially those of this section. Section 1910.146(c)(8)(ii)
docket number (OSHA–2011–0858) for operating small businesses, and to requires that the employer apprise the
the Information Collection Request reduce to the maximum extent feasible contractor of the elements, including the
(ICR). All comments, including any unnecessary duplication of efforts in hazards identified and the host
personal information you provide, are obtaining information (29 U.S.C. 657). employer’s experience with the space,
placed in the public docket without The purpose of the collection of that make the space in question a permit
change, and may be made available information requirements specified in space. Section 1910.146(c)(8)(iii)
online at http://www.regulations.gov. the Permit-Required Confined Spaces requires that the employer apprise the
For further information on submitting Standard is to ensure that employers contractor of any precautions or
comments see the ‘‘Public systematically evaluate the dangers in procedures that the host employer has
Participation’’ heading in the section of permit spaces before entry is attempted, implemented for the protection of
this notice titled SUPPLEMENTARY and to ensure that adequate measures employees in or near permit spaces
INFORMATION. are taken to make the spaces safe for where contractor personnel will be
Docket: To read or download entry. Section 1910.146(c)(2) requires working. Section 1910.146(c)(8)(v)
comments or other material in the the employer to post danger signs to requires the employer to debrief the
docket, go to http://www.regulations.gov inform exposed employees of the contractor at the conclusion of the entry
or the OSHA Docket Office at the existence and location of, and the operations regarding the permit space
address above. All documents in the dangers posed by, permit spaces. program followed and regarding any
docket (including this Federal Register Section 1910.146(c)(4) requires the hazards confronted or created in permit
notice) are listed in the http:// employer to develop and implement a spaces during entry operations.
www.regulations.gov index; however, written ‘‘permit-space program’’ when Section 1910.146(c)(9)(iii) requires
the employer decides that its employees that the contractor inform the host
some information (e.g., copyrighted
will enter permit spaces. The written employer of the permit space program
material) is not publicly available to
program is to be made available for that the contractor will follow and of
read or download from the Web site. All
inspection by employees and their any hazards confronted or created in
submissions, including copyrighted
authorized representatives. Section permit spaces, either through a
material, are available for inspection
1910.146(d) provides the employer with debriefing or during the entry operation.
and copying at the OSHA Docket Office. Section 1910.146(d)(5)(vi) requires the
the requirements of a permit-required
You also may contact Theda Kenney at employer to immediately provide each
confined space program.
the address below to obtain a copy of Section 1910.146(c)(5)(i)(E) requires authorized entrant or that employee’s
the ICR. that the determinations and supporting authorized representative with the
FOR FURTHER INFORMATION CONTACT: data specified by paragraphs (c)(5)(i)(A), results of any testing conducted in
Theda Kenney or Todd Owen, (c)(5)(i)(B), and (c)(5)(i)(C) of this accord with paragraph (d) of the
Directorate of Standards and Guidance, section are documented by the employer Standard.
OSHA, U.S. Department of Labor, Room and are made available to each Section 1910.146(d)(14) requires
N–3609, 200 Constitution Avenue NW., employee who enters a permit space or employers to review the permit space
Washington, DC 20210; telephone (202) to that employee’s authorized program, using the canceled permits
693–2222. representative. retained under paragraph (e)(6) within 1
SUPPLEMENTARY INFORMATION: Under paragraph (c)(5)(ii)(H) of year after each entry and revise the
§ 1910.146, the employer is required to program as necessary, to ensure that
I. Background
verify that the space is safe for entry and employees participating in entry
The Department of Labor, as part of its that the pre-entry measures required by operations are protected from permit
continuing effort to reduce paperwork paragraph (c)(5)(ii) of this section have space hazards.
and respondent (i.e., employer) burden, been taken, using a written certification Section 1910.146(e)(1) requires the
conducts a preclearance consultation that contains the date, the location of employer to document the completion
program to provide the public with an the space, and the signature of the of measures required by paragraph (d)(3)
opportunity to comment on proposed person providing the certification. The by preparing an entry permit before
and continuing collection of certification is to be made before entry employee entry is authorized. Paragraph
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information requirements in accord and is required to be made available to (f) of § 1910.146 specifies the
with the Paperwork Reduction Act of each employee entering the space or to information to be included on the entry
1995 (PRA–95) (44 U.S.C. that employee’s authorized permit. Paragraph (e)(3) requires that the
3506(c)(2)(A)). This program ensures representative. employer make the completed permit
that information is in the desired Section 1910.146(c)(7)(iii) requires the available at the time of entry to all
format, reporting burden (time and employer to document the basis for authorized entrants by posting the
costs) is minimal, collection determining that all hazards in a permit permit at the entry portal or by any

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other equally effective means, so that rescuer’s ability to respond to a rescue hours (from 1,433,443 to 1,512,045
the entrants can confirm that pre-entry summons in a timely manner, burden hours). The Agency’s estimates,
preparations have been completed. considering the hazard(s) identified; based on updated data, that the number
Paragraph (e)(6) requires the employer Section 1910.146(k)(1)(ii) requires the of establishments and workers affected
to retain each canceled entry permit for employer to evaluate a prospective by the Standard have decreased;
at least one year; any problems rescue service’s ability, in terms of however, this reduction is partially off-
encountered during an entry operation proficiency with rescue-related tasks set by the inclusion of burden hours and
must be noted on the pertinent permit and equipment, to function costs associated with the newly-
so that revisions to the permit space appropriately while rescuing entrants identified collection of information
program can be made. from the particular permit space or requirement related to annual review of
Section 1910.146(g)(4) requires that types of permit spaces identified. the written permit space entry program
the employer certify that the training Section 1910.146(k)(1)(iv) requires that and cancelled permits.
required by paragraphs (g)(1) through the employer inform each rescue team Type of Review: Extension of a
(g)(3) has been accomplished by or service of the hazards they may currently approved collection.
preparing a written certification record. confront when called on to perform Title: Permit-Required Confined
Section 1910.146(h)(3) requires the rescue at the site. Section Spaces (29 CFR 1910.146).
employer to ensure that all authorized 1910.146(k)(1)(v) requires that the OMB Number: 1218–0203.
entrants communicate with the employer provide the rescue team or Affected Public: Business or other for-
attendant as necessary to enable the service selected with access to all profits.
attendant to monitor entrant status and permit spaces from which rescue may Number of Respondents: 1,303,846.
to enable the attendant to alert entrants be necessary so that the rescue service Frequency of Response: On occasion.
of the need to evacuate the space as can develop appropriate rescue plans. Total Responses: 7,977,651.
required by paragraph (l)(6) of the Section 1910.146(k)(4) requires that if Average Time per Response: Varies
Standard. Section 1910.146(h)(4) an injured entrant is exposed to a from one minute (.02 hour) to maintain
requires the employer to ensure that all substance for which a ‘‘Material Safety a certificate to 16 hours to develop a
authorized entrants alert the attendant Data Sheet’’ (MSDS) [now referred to as written permit-space entry program.
whenever the entrant recognizes any an SDS (Safety Data Sheet)] or other Estimated Total Burden Hours:
warning sign or symptom of exposure to similar written information is required 1,512,045.
a dangerous situation (paragraph Estimated Cost (Operation and
to be kept at the worksite, that the
((h)(4)(i)), or the entrant detects a Maintenance): $0.
employer make the MSDS or written
prohibited condition (paragraph information available to the medical IV. Public Participation—Submission of
(h)(4)(ii)). facility treating the exposed entrant. Comments on This Notice and Internet
Section 1910.146(i)(5) requires the Section 1910.146(l)(1) requires that Access to Comments and Submissions
employer to ensure that each attendant employers consult with affected
communicate with authorized entrants You may submit comments in
employees and their authorized
as necessary to monitor entrant status response to this document as follows:
representatives on the development and
and to alert entrants of the need to (1) Electronically at http://
implementation of all aspects of the
evacuate the space under the conditions www.regulations.gov, which is the
permit space program required by
specified in paragraphs (i)(6)(i)–(i)(6)(iv) Federal eRulemaking Portal; (2) by
paragraph (c). Section 1910.146(l)(2)
of the Standard. Section 1910.146(i)(7) facsimile; or (3) by hard copy. All
requires that employers make all
requires the employer to ensure that the comments, attachments, and other
information required to be developed by
attendant summon rescue and other material must identify the Agency name
this section available to affected
emergency services as soon as the and the OSHA docket number for this
employees and their authorized
attendant determines that authorized ICR (Docket No. OSHA–2011–0858).
representatives.
entrants may need assistance to escape You may supplement electronic
from permit space hazards. Section II. Special Issues for Comment submissions by uploading document
1910.146(i)(8) requires that the OSHA has a particular interest in files electronically. If you wish to mail
employer ensure that the attendant warn comments on the following issues: additional materials in reference to an
unauthorized persons that they must • Whether the proposed collection of electronic or facsimile submission, you
stay away from the permit space information requirements are necessary must submit them to the OSHA Docket
(paragraph (i)(8)(i)); advise for the proper performance of the Office (see the section of this notice
unauthorized persons that they must Agency’s functions, including whether titled ADDRESSES). The additional
exit immediately if they have entered the information is useful; materials must clearly identify your
the permit space (paragraph (i)(8)(ii)); • The accuracy of OSHA’s estimate of electronic comments by your name,
and inform authorized entrants and the the burden (time and costs) of the date, and the docket number so the
entry supervisor if unauthorized collection of information requirements, Agency can attach them to your
persons have entered the permit space including the validity of the comments.
(paragraph (i)(8)(iii)). methodology and assumptions used; Because of security procedures, the
Section 1910.146(j)(2) requires the • The quality, utility, and clarity of use of regular mail may cause a
employer to ensure that each entry the information collected; and significant delay in the receipt of
supervisor verifies, by checking that the • Ways to minimize the burden on comments. For information about
appropriate entries have been made on employers who must comply; for security procedures concerning the
Rmajette on DSK2VPTVN1PROD with NOTICES

the permit, that all tests specified by the example, by using automated or other delivery of materials by hand, express
permit have been conducted and that all technological information collection delivery, messenger, or courier service,
procedures and equipment specified by and transmission techniques. please contact the OSHA Docket Office
the permit are in place before endorsing at (202) 693–2350, (TTY (877) 889–
the permit and allowing entry to begin. III. Proposed Actions 5627).
Section 1910.146(k)(1)(i) requires the The Agency is requesting an Comments and submissions are
employer to evaluate a prospective adjustment increase of 78,602 burden posted without change at http://

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Document Created: 2015-12-16 08:29:40
Document Modified: 2015-12-16 08:29:40
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Request for public comments.
Dates		Comments must be submitted (postmarked, sent, or received) by June 26, 2015.
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.
FR Citation		80 FR 23297
80 FR 23297 - Permit-Required Confined Spaces; Extension of the Office of Management and Budget's (OMB) Approval of Collection of Information (Paperwork) Requirements

DEPARTMENT OF LABOROccupational Safety and Health Administration

Federal Register Volume 80, Issue 80 (April 27, 2015)

DEPARTMENT OF LABOR
Occupational Safety and Health Administration
