83_FR_23823 83 FR 23724 - Permit-Required Confined Spaces; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

83 FR 23724 - Permit-Required Confined Spaces; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 83, Issue 99 (May 22, 2018)

Page Range23724-23726
FR Document2018-10889

OSHA solicits public comments concerning the proposal to extend OMB approval of the information collection requirements contained in the Standard on Permit-Required Confined Spaces.

Federal Register, Volume 83 Issue 99 (Tuesday, May 22, 2018)
[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Notices]
[Pages 23724-23726]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10889]


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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 Information Collection 
(Paperwork) Requirements

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

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning the proposal to 
extend OMB approval of the information collection requirements 
contained in the Standard on Permit-Required Confined Spaces.

DATES: Comments must be submitted (postmarked, sent, or received) by 
July 23, 2018.

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 a copy of 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-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
Deliveries (hand, express mail, messenger, and courier service) are 
accepted during the OSHA Docket Office's normal business hours, 10:00 
a.m. to 3:00 p.m., ET.
    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 above address. 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 website. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Christie Garner 
at (202) 693-2222 to obtain a copy of the ICR.

FOR FURTHER INFORMATION, CONTACT: Thomas Mockler or Christie Garner, 
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 its continuing effort to reduce 
paperwork and respondent (i.e., employer) burden, conducts a 
preclearance process 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-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 OSHA to 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 purpose of the information collection requirements specified in 
the Permit-Required Confined Spaces Standard (29 CFR 1910.146) is to 
ensure that employers systematically evaluate the dangers in permit 
spaces before entry is attempted, and to ensure that

[[Page 23725]]

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 the employer to 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 the employer to 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 the employer to 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 about the permit space program that was followed, 
and any hazards confronted or created in permit spaces during entry 
operations.
    Section 1910.146(c)(9)(iii) requires the contractor to 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 an 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 
to ensure that employees participating in entry operations are 
protected from permit space hazards, and revise the program as 
necessary.
    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 the employer to 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 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 the employer to 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 the employer to 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 the employer to 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 the 
employer to 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

[[Page 23726]]

similar written information is required to be kept at the worksite, 
then the employer must make the MSDS or written information available 
to the medical facility treating the exposed entrant.
    Section 1910.146(l)(1) requires employers to 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 employers to make all 
information required 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 information collection 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 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 an adjustment increase for the information 
collection requirements of 68,406 burden hours (from 1,573,813 to 
1,642,219). The burden hour increase is related to updated data 
estimates showing an increase in the number of permit space entrants 
(from 1,463,075 to 1,471,634) and establishments with permit spaces 
(from 205,548 to 210,281) affected by the Standard.
    Type of Review: Extension of a currently approved collection.
    Title: Permit-Required Confined Spaces (29 CFR 1910.146).
    OMB Control Number: 1218-0203.
    Affected Public: Business or other for-profits.
    Number of Respondents: 210,281.
    Frequency: On occasion.
    Average Time per Response: Varies.
    Estimated Number of Responses: 9,024,483.
    Estimated Total Burden Hours: 1,642,219.
    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 (Docket No. OSHA-2011-0858) for the ICR. 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 electronic comments by 
your name, date, and the docket number so that 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 
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 for information about materials not 
available through the website, and for assistance in using the internet 
to locate docket submissions.

V. Authority and Signature

    Loren Sweatt, 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 at Washington, DC, on May 16, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-10889 Filed 5-21-18; 8:45 am]
 BILLING CODE 4510-26-P



                                              23724                          Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices

                                                 —Enhance the quality, utility, and                     Dated: May 17, 2018.                                comments, see the ‘‘Public
                                              clarity of the information to be                        Melody Braswell,                                      Participation’’ heading in the section of
                                              collected; and/or                                       Department Clearance Officer for PRA, U.S.            this notice titled SUPPLEMENTARY
                                                 —Minimize the burden of the                          Department of Justice.                                INFORMATION.
                                              collection of information on those who                  [FR Doc. 2018–10853 Filed 5–21–18; 8:45 a.m.]            Docket: To read or download
                                              are to respond, including through the                   BILLING CODE 4410–18–P                                comments or other material in the
                                              use of appropriate automated,                                                                                 docket, go to http://www.regulations.gov
                                              electronic, mechanical, or other                                                                              or the OSHA Docket Office at the above
                                              technological collection techniques or                  DEPARTMENT OF LABOR                                   address. All documents in the docket
                                              other forms of information technology,                                                                        (including this Federal Register notice)
                                              e.g., permitting electronic submission of               Occupational Safety and Health                        are listed in the http://
                                              responses.                                              Administration                                        www.regulations.gov index; however,
                                                 Overview of this information                                                                               some information (e.g., copyrighted
                                              collection:                                             [Docket No. OSHA–2011–0858]
                                                                                                                                                            material) is not publicly available to
                                                 1. Type of Information Collection:                                                                         read or download through the website.
                                              Revision of Existing Collection.                        Permit-Required Confined Spaces;
                                                                                                      Extension of the Office of Management                 All submissions, including copyrighted
                                                 2. The Title of the Form/Collection:                                                                       material, are available for inspection
                                              Office for Victims of Crime Training and                and Budget’s (OMB) Approval of
                                                                                                      Information Collection (Paperwork)                    and copying at the OSHA Docket Office.
                                              Technical Assistance Center—                                                                                  You may also contact Christie Garner at
                                              Trafficking Information Management                      Requirements
                                                                                                                                                            (202) 693–2222 to obtain a copy of the
                                              System (TIMS).                                          AGENCY:  Occupational Safety and Health               ICR.
                                                 3. The agency form number: NA.                       Administration (OSHA), Labor.                         FOR FURTHER INFORMATION, CONTACT:
                                                 4. Affected public who will be asked
                                                                                                      ACTION: Request for public comments.                  Thomas Mockler or Christie Garner,
                                              or required to respond, as well as a brief
                                              abstract:                                                                                                     Directorate of Standards and Guidance,
                                                                                                      SUMMARY:    OSHA solicits public                      OSHA, U.S. Department of Labor,
                                                 Primary: OVC Grantees.                               comments concerning the proposal to
                                                 Abstract: The current package for                                                                          telephone (202) 693–2222.
                                                                                                      extend OMB approval of the
                                              OMB approval is designed to simplify                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                      information collection requirements
                                              performance reporting for OVC grantees                  contained in the Standard on Permit-                  I. Background
                                              through the OVC Trafficking                             Required Confined Spaces.
                                              Information Management System                                                                                    The Department of Labor, as part of its
                                                                                                      DATES: Comments must be submitted                     continuing effort to reduce paperwork
                                              (TIMS) Online system, a Web-based
                                              database and reporting system for the                   (postmarked, sent, or received) by July               and respondent (i.e., employer) burden,
                                              Victims of Human Trafficking Grant and                  23, 2018.                                             conducts a preclearance process to
                                              the Enhanced Collaborative Model                        ADDRESSES: Electronically: You may                    provide the public with an opportunity
                                              Grant initiatives. OVC will require OVC                 submit comments and attachments                       to comment on proposed and
                                              Grantees to use this electronic tool to                 electronically at http://                             continuing information collection
                                              submit grant performance data,                          www.regulations.gov, which is the                     requirements in accordance with the
                                              including demographics about human                      Federal eRulemaking Portal. Follow the                Paperwork Reduction Act of 1995
                                              trafficking victims. Since 2012, OVC has                instructions online for submitting                    (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This
                                              published annual analyses of these data                 comments.                                             program ensures that information is in
                                              to provide the crime victims’ field with                   Facsimile: If your comments,                       the desired format, reporting burden
                                              stronger evidence for practices and                     including attachments, are not longer                 (time and costs) is minimal, collection
                                              programs.                                               than 10 pages, you may fax them to the                instruments are clearly understood, and
                                                 5. An estimate of the total number of                OSHA Docket Office at (202) 693–1648.                 OSHA’s estimate of the information
                                              respondents and the amount of time                         Mail, hand delivery, express mail,                 collection burden is accurate. The
                                              estimated for an average respondent to                  messenger, or courier service: When                   Occupational Safety and Health Act of
                                              respond: There are approximately 60                     using this method, you must submit a                  1970 (the OSH Act) (29 U.S.C. 651 et
                                              OVC Services to Victims of Human                        copy of your comments and attachments                 seq.) authorizes information collection
                                              Trafficking Grantees per six-month                      to the OSHA Docket Office, Docket No.                 by employers as necessary or
                                              reporting period. On average, it should                 OSHA–2011–0858, Occupational Safety                   appropriate for enforcement of the OSH
                                              take each grantee one hour to seven                     and Health Administration, U.S.                       Act or for developing information
                                              hours, depending on client case load per                Department of Labor, Room N–3653,                     regarding the causes and prevention of
                                              reporting period, to enter information                  200 Constitution Avenue NW,                           occupational injuries, illnesses, and
                                              into TIMS Online. There are two                         Washington, DC 20210. Deliveries                      accidents (29 U.S.C. 657). The OSH Act
                                              reporting periods per year.                             (hand, express mail, messenger, and                   also requires OSHA to obtain such
                                                 6. An estimate of the total public                   courier service) are accepted during the              information with minimum burden
                                              burden (in hours) associated with the                   OSHA Docket Office’s normal business                  upon employers, especially those
                                              collection: 480 hours (average 60 OVC                   hours, 10:00 a.m. to 3:00 p.m., ET.                   operating small businesses, and to
                                              grantees * average 4 hours * 2 times per                   Instructions: All submissions must                 reduce to the maximum extent feasible
                                              year).                                                  include the Agency name and the OSHA                  unnecessary duplication of effort in
                                                 If additional information is required                docket number (OSHA–2011–0858) for                    obtaining information (29 U.S.C. 657).
amozie on DSK3GDR082PROD with NOTICES1




                                              please contact: Melody Braswell,                        the Information Collection Request                       The purpose of the information
                                              Department Clearance Officer, United                    (ICR). All comments, including any                    collection requirements specified in the
                                              States Department of Justice, Justice                   personal information you provide, are                 Permit-Required Confined Spaces
                                              Management Division, Policy and                         placed in the public docket without                   Standard (29 CFR 1910.146) is to ensure
                                              Planning Staff, Two Constitution                        change, and may be made available                     that employers systematically evaluate
                                              Square, 145 N Street NE, Suite 3E.405B,                 online at http://www.regulations.gov.                 the dangers in permit spaces before
                                              Washington, DC 20530.                                   For further information on submitting                 entry is attempted, and to ensure that


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                                                                             Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices                                               23725

                                              adequate measures are taken to make                     employees in or near permit spaces                    whenever the entrant recognizes any
                                              the spaces safe for entry. Section                      where contractor personnel will be                    warning sign or symptom of exposure to
                                              1910.146(c)(2) requires the employer to                 working. Section 1910.146(c)(8)(v)                    a dangerous situation (paragraph
                                              post danger signs to inform exposed                     requires the employer to debrief the                  (h)(4)(i)), or the entrant detects a
                                              employees of the existence and location                 contractor at the conclusion of the entry             prohibited condition (paragraph
                                              of, and the dangers posed by, permit                    operations about the permit space                     (h)(4)(ii)).
                                              spaces.                                                 program that was followed, and any                       Section 1910.146(i)(5) requires the
                                                 Section 1910.146(c)(4) requires the                  hazards confronted or created in permit               employer to ensure that each attendant
                                              employer to develop and implement a                     spaces during entry operations.                       communicate with authorized entrants
                                              written ‘‘permit-space program’’ when                      Section 1910.146(c)(9)(iii) requires the           as necessary to monitor entrant status
                                              the employer decides that its employees                 contractor to inform the host employer                and to alert entrants of the need to
                                              will enter permit spaces. The written                   of the permit space program that the                  evacuate the space under the conditions
                                              program is to be made available for                     contractor will follow and of any                     specified in paragraphs (i)(6)(i)-(i)(6)(iv)
                                              inspection by employees and their                       hazards confronted or created in permit               of the Standard. Section 1910.146(i)(7)
                                              authorized representatives. Section                     spaces, either through a debriefing or                requires the employer to ensure that the
                                              1910.146(d) provides the employer with                  during the entry operation.                           attendant summon rescue and other
                                              the requirements of a permit-required                      Section 1910.146(d)(5)(vi) requires the            emergency services as soon as the
                                              confined space program.                                 employer to immediately provide each                  attendant determines that authorized
                                                 Section 1910.146(c)(5)(i)(E) requires                authorized entrant or that an employee’s              entrants may need assistance to escape
                                              that the determinations and supporting                  authorized representative with the                    from permit space hazards. Section
                                              data specified by paragraphs (c)(5)(i)(A),              results of any testing conducted in                   1910.146(i)(8) requires the employer to
                                              (c)(5)(i)(B), and (c)(5)(i)(C) of this                  accord with paragraph (d) of the                      ensure that the attendant warn
                                              section are documented by the employer                  Standard. Section 1910.146(d)(14)                     unauthorized persons that they must
                                              and are made available to each                          requires employers to review the permit               stay away from the permit space
                                              employee who enters a permit space or                   space program, using the canceled                     (paragraph (i)(8)(i)); advise
                                              to that employee’s authorized                           permits retained under paragraph (e)(6)               unauthorized persons that they must
                                              representative. Under paragraph                         within 1 year after each entry to ensure              exit immediately if they have entered
                                              (c)(5)(ii)(H) of § 1910.146, the employer               that employees participating in entry                 the permit space (paragraph (i)(8)(ii));
                                              is required to verify that the space is                 operations are protected from permit                  and inform authorized entrants and the
                                              safe for entry and that the pre-entry                   space hazards, and revise the program                 entry supervisor if unauthorized
                                              measures required by paragraph                          as necessary.                                         persons have entered the permit space
                                              (c)(5)(ii) of this section have been taken,                Section 1910.146(e)(1) requires the                (paragraph (i)(8)(iii)).
                                              using a written certification that                      employer to document the completion                      Section 1910.146(j)(2) requires the
                                              contains the date, the location of the                  of measures required by paragraph (d)(3)              employer to ensure that each entry
                                              space, and the signature of the person                  by preparing an entry permit before                   supervisor verifies, by checking that the
                                              providing the certification. The                        employee entry is authorized. Paragraph               appropriate entries have been made on
                                              certification is to be made before entry                (f) of § 1910.146 specifies the                       the permit, that all tests specified by the
                                              and is required to be made available to                 information to be included on the entry               permit have been conducted and that all
                                              each employee entering the space or to                  permit. Paragraph (e)(3) requires the                 procedures and equipment specified by
                                              that employee’s authorized                              employer to make the completed permit                 the permit are in place, before endorsing
                                              representative.                                         available at the time of entry to all                 the permit and allowing entry to begin.
                                                 Section 1910.146(c)(7)(iii) requires the             authorized entrants by posting the                       Section 1910.146(k)(1)(i) requires the
                                              employer to document the basis for                      permit at the entry portal or by any                  employer to evaluate a prospective
                                              determining that all hazards in a permit                other equally effective means, so that                rescuer’s ability to respond to a rescue
                                              space have been eliminated using a                      the entrants can confirm that pre-entry               summons in a timely manner,
                                              certification that contains the date, the               preparations have been completed.                     considering the hazard(s) identified;
                                              location of the space, and the signature                Paragraph (e)(6) requires the employer                Section 1910.146(k)(1)(ii) requires the
                                              of the person making the determination.                 to retain each canceled entry permit for              employer to evaluate a prospective
                                              The certification is to be made available               at least one year; any problems                       rescue service’s ability, in terms of
                                              to each employee entering the space or                  encountered during an entry operation                 proficiency with rescue-related tasks
                                              to that employee’s authorized                           must be noted on the pertinent permit                 and equipment, to function
                                              representative.                                         so that revisions to the permit space                 appropriately while rescuing entrants
                                                 Section 1910.146(c)(8)(i) requires the               program can be made.                                  from the particular permit space or
                                              employer to inform the contractor that                     Section 1910.146(g)(4) requires the                types of permit spaces identified.
                                              the workplace contains permit spaces                    employer to certify that the training                 Section 1910.146(k)(1)(iv) requires the
                                              and that permit space entry is allowed                  required by paragraphs (g)(1) through                 employer to inform each rescue team or
                                              only through compliance with a permit                   (g)(3) has been accomplished by                       service of the hazards they may confront
                                              space program meeting the requirements                  preparing a written certification record.             when called on to perform rescue at the
                                              of this section. Section 1910.146(c)(8)(ii)                Section 1910.146(h)(3) requires the                site. Section 1910.146(k)(1)(v) requires
                                              requires the employer to apprise the                    employer to ensure that all authorized                the employer to provide the rescue team
                                              contractor of the elements, including the               entrants communicate with the                         or service selected with access to all
                                              hazards identified and the host                         attendant as necessary to enable the                  permit spaces from which rescue may
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                                              employer’s experience with the space,                   attendant to monitor entrant status and               be necessary so that the rescue service
                                              that make the space in question a permit                to enable the attendant to alert entrants             can develop appropriate rescue plans.
                                              space. Section 1910.146(c)(8)(iii)                      of the need to evacuate the space as                     Section 1910.146(k)(4) requires that, if
                                              requires the employer to apprise the                    required by paragraph (l)(6) of the                   an injured entrant is exposed to a
                                              contractor of any precautions or                        Standard. Section 1910.146(h)(4)                      substance for which a ‘‘Material Safety
                                              procedures that the host employer has                   requires the employer to ensure that all              Data Sheet’’ (MSDS) [now referred to as
                                              implemented for the protection of                       authorized entrants alert the attendant               an SDS (Safety Data Sheet)] or other


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                                              23726                          Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices

                                              similar written information is required                 IV. Public Participation—Submission of                  Signed at Washington, DC, on May 16,
                                              to be kept at the worksite, then the                    Comments on This Notice and Internet                  2018.
                                              employer must make the MSDS or                          Access to Comments and Submissions                    Loren Sweatt,
                                              written information available to the                       You may submit comments in                         Deputy Assistant Secretary of Labor for
                                              medical facility treating the exposed                                                                         Occupational Safety and Health.
                                                                                                      response to this document as follows:
                                              entrant.                                                (1) Electronically at http://                         [FR Doc. 2018–10889 Filed 5–21–18; 8:45 am]
                                                Section 1910.146(l)(1) requires                       www.regulations.gov, which is the                     BILLING CODE 4510–26–P
                                              employers to consult with affected                      Federal eRulemaking Portal; (2) by
                                              employees and their authorized                          facsimile (fax); or (3) by hard copy. All
                                              representatives on the development and                  comments, attachments, and other                      NUCLEAR REGULATORY
                                              implementation of all aspects of the                    material must identify the Agency name                COMMISSION
                                              permit space program required by                        and the OSHA docket number (Docket                    [Docket Nos. 50–250 and 50–251; NRC–
                                              paragraph (c). Section 1910.146(l)(2)                   No. OSHA–2011–0858) for the ICR. You                  2018–0101]
                                              requires employers to make all                          may supplement electronic submissions
                                              information required by this section                    by uploading document files                           Florida Power & Light Company:
                                              available to affected employees and                     electronically. If you wish to mail                   Turkey Point Nuclear Plant Units 3 and
                                              their authorized representatives.                       additional materials in reference to an               4
                                              II. Special Issues for Comment                          electronic or facsimile submission, you               AGENCY:  Nuclear Regulatory
                                                                                                      must submit them to the OSHA Docket                   Commission.
                                                OSHA has a particular interest in                     Office (see the section of this notice
                                              comments on the following issues:                                                                             ACTION: Intent to conduct scoping
                                                                                                      titled ADDRESSES). The additional                     process and prepare environmental
                                                • Whether the proposed information                    materials must clearly identify
                                              collection requirements are necessary                                                                         impact statement; public meeting and
                                                                                                      electronic comments by your name,                     request for comment.
                                              for the proper performance of the                       date, and the docket number so that the
                                              Agency’s functions, including whether                   Agency can attach them to your                        SUMMARY:    The U.S. Nuclear Regulatory
                                              the information is useful;                              comments.                                             Commission will conduct a scoping
                                                • The accuracy of OSHA’s estimate of                     Because of security procedures, the                process to gather information necessary
                                              the burden (time and costs) of the                      use of regular mail may cause a                       to prepare an environmental impact
                                              information collection requirements,                    significant delay in the receipt of                   statement (EIS) to evaluate the
                                              including the validity of the                           comments. For information about                       environmental impacts for the
                                              methodology and assumptions used;                       security procedures concerning the                    subsequent license renewal of the
                                                • The quality, utility, and clarity of                delivery of materials by hand, express                operating licenses for Turkey Point
                                              the information collected; and                          delivery, messenger, or courier service,              Nuclear Plant (Turkey Point) Unit Nos.
                                                • Ways to minimize the burden on                      please contact the OSHA Docket Office                 3 and 4. The NRC is seeking stakeholder
                                              employers who must comply—for                           at (202) 693–2350; TTY (877) 889–5627.                input on this action and has scheduled
                                              example, by using automated or other                       Comments and submissions are                       a public meeting.
                                              technological information collection                    posted without change at http://                      DATES: Submit comments by June 21,
                                              and transmission techniques.                            www.regulations.gov. Therefore, OSHA                  2018. Comments received after this date
                                                                                                      cautions commenters about submitting                  will be considered if it is practical to do
                                              III. Proposed Actions                                   personal information such as Social                   so, but assurance of consideration
                                                 OSHA is requesting an adjustment                     Security numbers and dates of birth.                  cannot be given to comments received
                                              increase for the information collection                 Although all submissions are listed in                after this date.
                                              requirements of 68,406 burden hours                     the http://www.regulations.gov index,                 ADDRESSES: You may submit comments
                                              (from 1,573,813 to 1,642,219). The                      some information (e.g., copyrighted                   by any of the following methods (unless
                                              burden hour increase is related to                      material) is not publicly available to                this document describes a different
                                              updated data estimates showing an                       read or download through this website.                method for submitting comments on a
                                              increase in the number of permit space                  All submissions, including copyrighted                specific subject):
                                              entrants (from 1,463,075 to 1,471,634)                  material, are available for inspection                   • Federal Rulemaking Website: Go to
                                              and establishments with permit spaces                   and copying at the OSHA Docket Office.                http://www.regulations.gov and search
                                              (from 205,548 to 210,281) affected by                   Information on using the http://                      for Docket ID NRC–2018–0101. Address
                                              the Standard.                                           www.regulations.gov website to submit                 questions about NRC dockets to Jennifer
                                                 Type of Review: Extension of a                       comments and access the docket is                     Borges; telephone: 301–287–9127;
                                              currently approved collection.                          available at the website’s ‘‘User Tips’’              email: Jennifer.Borges@nrc.gov. For
                                                 Title: Permit-Required Confined                      link. Contact the OSHA Docket Office                  technical questions, contact the
                                              Spaces (29 CFR 1910.146).                               for information about materials not                   individual listed in the FOR FURTHER
                                                 OMB Control Number: 1218–0203.                       available through the website, and for                INFORMATION CONTACT section of this
                                                 Affected Public: Business or other for-              assistance in using the internet to locate            document.
                                              profits.                                                docket submissions.                                      • Mail comments to: May Ma, Office
                                                                                                                                                            of Administration, Mail Stop: TWFN–7–
                                                 Number of Respondents: 210,281.                      V. Authority and Signature
                                                                                                                                                            A60M, U.S. Nuclear Regulatory
                                                 Frequency: On occasion.                                 Loren Sweatt, Deputy Assistant                     Commission, Washington, DC 20555–
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                                                 Average Time per Response: Varies.                   Secretary of Labor for Occupational                   0001.
                                                 Estimated Number of Responses:                       Safety and Health, directed the                          For additional direction on obtaining
                                              9,024,483.                                              preparation of this notice. The authority             information and submitting comments,
                                                 Estimated Total Burden Hours:                        for this notice is the Paperwork                      see ‘‘Obtaining Information and
                                              1,642,219.                                              Reduction Act of 1995 (44 U.S.C. 3506                 Submitting Comments’’ in the
                                                 Estimated Cost (Operation and                        et seq.) and Secretary of Labor’s Order               SUPPLEMENTARY INFORMATION section of
                                              Maintenance): $0.                                       No. 1–2012 (77 FR 3912).                              this document.


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Document Created: 2018-11-02 11:09:56
Document Modified: 2018-11-02 11:09:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionRequest for public comments.
DatesComments must be submitted (postmarked, sent, or received) by July 23, 2018.
FR Citation83 FR 23724 

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