81_FR_53424 81 FR 53268 - Confined Spaces in Construction; Approval of Collections of Information

81 FR 53268 - Confined Spaces in Construction; Approval of Collections of Information

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 156 (August 12, 2016)

Page Range53268-53268
FR Document2016-18965

This rule is a technical amendment revising OSHA's regulations to reflect the approval by the Office of Management and Budget (OMB) of the collections of information contained in OSHA's standard for Confined Spaces in Construction.

Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016)
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Page 53268]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18965]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket No. OSHA-2007-0026]
RIN 1218-AB47


Confined Spaces in Construction; Approval of Collections of 
Information

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

ACTION: Final rule.

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

SUMMARY: This rule is a technical amendment revising OSHA's regulations 
to reflect the approval by the Office of Management and Budget (OMB) of 
the collections of information contained in OSHA's standard for 
Confined Spaces in Construction.

DATES: Effective August 12, 2016.

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

SUPPLEMENTARY INFORMATION: OSHA published a final rule for Confined 
Spaces in Construction on May 4, 2015 (80 FR 25365) to provide new 
protections to employees working in confined spaces in construction. 
This new subpart replaced OSHA's general training requirement for work 
in confined spaces (29 CFR 1926.21(b)(6)) with a comprehensive 
standard. The new standard includes a permit program designed to 
protect employees from exposure to many hazards associated with work in 
confined spaces, including atmospheric and physical hazards. Those 
requirements contained collections of information approved by OMB under 
control number 1218-0258, which OSHA publicized in the Federal Register 
document announcing the new rule (see 80 FR 22514-22517). This 
technical amendment codifies the OMB control number for the Confined 
Spaces in Construction standard into Sec.  1926.5, which is the central 
section in which OSHA displays its approved collections under the 
Paperwork Reduction Act.
    Additional opportunity for public comment on this rule is 
unnecessary because the public has already had the opportunity to 
comment on the collections of information and OMB has approved them. 
This revision of Sec.  1926.5 is a purely technical step to increase 
public awareness of OMB's approval of the collections of information.

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 1-2012 (77 
FR 3912 (1/25/2012)).

List of Subjects in 29 CFR Part 1926

    Occupational safety and health, Reporting and recordkeeping 
requirements.

    Signed at Washington, DC, on August 2, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

    For the reasons stated in the preamble in this document, the 
Occupational Safety and Health Administration amends 29 CFR part 1926 
as follows:

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

Subpart A--General

0
1. The authority citation for part 1926, subpart A, continues to read 
as follows:

    Authority:  40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; 
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160), 
5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), 
as applicable; and 29 CFR part 1911.

0
2. Amend Sec.  1926.5 by adding to the table, in the proper numerical 
sequence, the entries for ``1926.1203,'' ``1926.1204,'' ``1926.1205,'' 
``1926.1206,'' ``1926.1207,'' ``1926.1208,'' ``1926.1209,'' 
``1926.1210,'' ``1926.1211,'' ``1926.1212,'' and ``1926.1213'' to read 
as follows:


Sec.  1926.5   OMB control numbers under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                           OMB  Control
                     29 CFR Citation                            No.
------------------------------------------------------------------------
 
                                * * * * *
1926.1203...............................................       1218-0258
1926.1204...............................................       1218-0258
1926.1205...............................................       1218-0258
1926.1206...............................................       1218-0258
1926.1207...............................................       1218-0258
1926.1208...............................................       1218-0258
1926.1209...............................................       1218-0258
1926.1210...............................................       1218-0258
1926.1211...............................................       1218-0258
1926.1212...............................................       1218-0258
1926.1213...............................................       1218-0258
 
                                * * * * *
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[FR Doc. 2016-18965 Filed 8-11-16; 8:45 am]
 BILLING CODE 4510-26-P



                                           53268              Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations

                                           we know that funds are more likely to close             contained in OSHA’s standard for                        Signed at Washington, DC, on August 2,
                                           the gates on redemptions when market                    Confined Spaces in Construction.                      2016.
                                           dislocation happens. That is just the time                                                                    David Michaels,
                                           when futures commission merchants (FCMs)                DATES:   Effective August 12, 2016.
                                           and customers would need access to their                                                                      Assistant Secretary of Labor for Occupational
                                           money, and a multi-day delay can mean                   FOR FURTHER INFORMATION CONTACT:                      Safety and Health.
                                           catastrophe for some businesses.                        Todd Owen, OSHA, Directorate of
                                              For that very reason, I have concerns about          Standards and Guidance, Room N–3609,                    For the reasons stated in the preamble
                                           the Division of Swap Dealer and                         U.S. Department of Labor, 200                         in this document, the Occupational
                                           Intermediary Oversight’s (DSIO) ‘‘No-Action             Constitution Avenue NW., Washington,                  Safety and Health Administration
                                           Relief With Respect to CFTC Regulation 1.25             DC 20210; telephone (202) 693–2222.                   amends 29 CFR part 1926 as follows:
                                           Regarding Money Market Funds.’’ While the
                                           4(c) exemption and the DCR interpretation               SUPPLEMENTARY INFORMATION:     OSHA                   PART 1926—SAFETY AND HEALTH
                                           are clearly customer protection initiatives,            published a final rule for Confined                   REGULATIONS FOR CONSTRUCTION
                                           the DSIO no action letter is not. This no               Spaces in Construction on May 4, 2015
                                           action letter would allow FCMs to keep                                                                        Subpart A—General
                                           money in segregated customer accounts that              (80 FR 25365) to provide new
                                           actually would not be readily available in a            protections to employees working in
                                           crisis. Thus, while it may appear that an FCM           confined spaces in construction. This                 ■ 1. The authority citation for part 1926,
                                           had considerable funds available to settle              new subpart replaced OSHA’s general                   subpart A, continues to read as follows:
                                           customer accounts during a market                       training requirement for work in                        Authority: 40 U.S.C. 3701 et seq.; 29
                                           dislocation, in fact that would be only be an           confined spaces (29 CFR 1926.21(b)(6))                U.S.C. 653, 655, 657; Secretary of Labor’s
                                           illusion; a portion of those funds could be
                                           locked down behind the prime money market
                                                                                                   with a comprehensive standard. The                    Order No. 12–71 (36 FR 8754), 8–76 (41 FR
                                           funds’ gates and therefore not actually be              new standard includes a permit program                25059), 9–83 (48 FR 35736), 1–90 (55 FR
                                           available when needed.                                  designed to protect employees from                    9033), 6–96 (62 FR 111), 3–2000 (65 FR
                                              I do not think that the staff of the                 exposure to many hazards associated                   50017), 5–2002 (67 FR 65008), or 5–2007 (72
                                           Commission should be supporting this kind               with work in confined spaces, including               FR 31160), 5–2007 (72 FR 31160), 4–2010 (75
                                           of ‘‘window dressing’’—giving the                       atmospheric and physical hazards.                     FR 55355), or 1–2012 (77 FR 3912), as
                                           impression of greater security than there                                                                     applicable; and 29 CFR part 1911.
                                                                                                   Those requirements contained
                                           actually is. If the funds are not suitable
                                           investments for customer funds, then they               collections of information approved by                ■  2. Amend § 1926.5 by adding to the
                                           are not suitable for the additional capital that        OMB under control number 1218–0258,                   table, in the proper numerical sequence,
                                           the FCMs put in those accounts to protect               which OSHA publicized in the Federal                  the entries for ‘‘1926.1203,’’
                                           against potential shortfalls. Having lived              Register document announcing the new                  ‘‘1926.1204,’’ ‘‘1926.1205,’’
                                           through bankruptcies, such as MF Global and             rule (see 80 FR 22514–22517). This                    ‘‘1926.1206,’’ ‘‘1926.1207,’’
                                           Peregrine, I have a healthy respect for the             technical amendment codifies the OMB
                                           importance of having strong clearing                                                                          ‘‘1926.1208,’’ ‘‘1926.1209,’’
                                           members with a large cushion of funds that
                                                                                                   control number for the Confined Spaces                ‘‘1926.1210,’’ ‘‘1926.1211,’’
                                           can be accessed when needed. This no action             in Construction standard into § 1926.5,               ‘‘1926.1212,’’ and ‘‘1926.1213’’ to read
                                           letter undermines that effort. Given the                which is the central section in which                 as follows:
                                           importance of this topic to the general public,         OSHA displays its approved collections
                                           we should at least have asked for comments              under the Paperwork Reduction Act.                    § 1926.5 OMB control numbers under the
                                           or even held a roundtable before making this                                                                  Paperwork Reduction Act.
                                           change. I therefore hope to reexamine this                 Additional opportunity for public
                                                                                                   comment on this rule is unnecessary                   *        *    *          *         *
                                           subject in the near future.
                                           [FR Doc. 2016–19211 Filed 8–11–16; 8:45 am]             because the public has already had the
                                                                                                                                                                                                        OMB
                                           BILLING CODE 6351–01–P
                                                                                                   opportunity to comment on the                                  29 CFR Citation                     Control No.
                                                                                                   collections of information and OMB has
                                                                                                   approved them. This revision of
                                                                                                   § 1926.5 is a purely technical step to                   *            *              *             *         *
                                           DEPARTMENT OF LABOR
                                                                                                   increase public awareness of OMB’s                    1926.1203    .............................       1218–0258
                                           Occupational Safety and Health                          approval of the collections of                        1926.1204    .............................       1218–0258
                                           Administration                                          information.                                          1926.1205    .............................       1218–0258
                                                                                                                                                         1926.1206    .............................       1218–0258
                                                                                                   Authority and Signature                               1926.1207    .............................       1218–0258
                                           29 CFR Part 1926
                                                                                                                                                         1926.1208    .............................       1218–0258
                                                                                                     David Michaels, Ph.D., MPH,                         1926.1209    .............................       1218–0258
                                           [Docket No. OSHA–2007–0026]
                                                                                                   Assistant Secretary of Labor for                      1926.1210    .............................       1218–0258
                                           RIN 1218–AB47                                           Occupational Safety and Health,                       1926.1211    .............................       1218–0258
                                                                                                   directed the preparation of this notice.              1926.1212    .............................       1218–0258
                                           Confined Spaces in Construction;                        The authority for this notice is the                  1926.1213    .............................       1218–0258
                                           Approval of Collections of Information                  Paperwork Reduction Act of 1995 (44
                                           AGENCY:  Occupational Safety and Health                 U.S.C. 3506 et seq.) and Secretary of                     *          *               *             *        *
                                           Administration (OSHA), Department of                    Labor’s Order 1–2012 (77 FR 3912 (1/
                                                                                                   25/2012)).                                            [FR Doc. 2016–18965 Filed 8–11–16; 8:45 am]
                                           Labor.
                                                                                                                                                         BILLING CODE 4510–26–P
                                           ACTION: Final rule.
ehiers on DSK5VPTVN1PROD with RULES




                                                                                                   List of Subjects in 29 CFR Part 1926
                                           SUMMARY:   This rule is a technical                       Occupational safety and health,
                                           amendment revising OSHA’s                               Reporting and recordkeeping
                                           regulations to reflect the approval by the              requirements.
                                           Office of Management and Budget
                                           (OMB) of the collections of information


                                      VerDate Sep<11>2014   14:21 Aug 11, 2016   Jkt 238001   PO 00000   Frm 00024   Fmt 4700   Sfmt 9990   E:\FR\FM\12AUR1.SGM   12AUR1



Document Created: 2018-02-09 11:33:33
Document Modified: 2018-02-09 11:33:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective August 12, 2016.
ContactTodd Owen, OSHA, Directorate of Standards and Guidance, Room N-3609, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693- 2222.
FR Citation81 FR 53268 
RIN Number1218-AB47
CFR AssociatedOccupational Safety and Health and Reporting and Recordkeeping Requirements

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