60_Day_FR_Notice

60dayFRN_1218-0069(02-05-08).pdf

Commercial Diving Operations (29 CFR Part 1910, Subpart T)

60_Day_FR_Notice

OMB: 1218-0069

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6744

Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Notices

V. Authority and Signature
Edwin G. Foulke, Jr., 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. 5–2007 (72 FR 31159).
Signed at Washington, DC, on January 30,
2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–2060 Filed 2–4–08; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2007–0087]

Standard on Commercial Diving
Operations; Extension of the Office of
Management and Budget’s (OMB)
Approval of Information Collection
(Paperwork) Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comment.

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AGENCY:

SUMMARY: OSHA solicits public
comment concerning its proposal to
extend OMB approval of the
information collection requirements
specified in its Standard on Commercial
Diving Operations (29 CFR part 1910,
subpart T).
DATES: Comments must be submitted
(postmarked, sent, or received) by April
7, 2008.
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
three copies of your comments and
attachments to the OSHA Docket Office,
OSHA Docket No. OSHA–2007–0087,
U.S. Department of Labor, Occupational
Safety and Health Administration,
Room N–2625, 200 Constitution
Avenue, NW., Washington, DC 20210.
Deliveries (hand, express mail,
messenger, and courier service) are
accepted during the Department of

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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 OSHA
docket number for the ICR (OSHA–
2007–0087). 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 through the website.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may also 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 information collection
requirements in accordance with the
Paperwork Reduction Act of 1995 (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 Act
or for developing information regarding
the causes and prevention of
occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act

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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 Subpart contains a number of
paperwork requirements. The following
paragraphs describe these requirements.
Section 1910.401(b). Allows
employers to deviate from the
requirements of the Subpart to the
extent necessary to prevent or minimize
a situation that is likely to cause death,
serious physical harm, or major
environmental damage (but not
situations in which purely economic or
property damage is likely to occur).
They must notify the OSHA Area
Director within 48 hours of taking such
action; this notification must describe
the situation responsible for the
deviation and the extent of the deviation
from the requirements. On request of the
Area Director, employers must submit
this information in writing.
Sections 1910.410(a)(3) and (a)(4).
Paragraph (a)(3) requires employers to
train all dive team members in
cardiopulmonary resuscitation and first
aid (i.e., the American Red Cross
standard course or equivalent), while
paragraph (a)(4) specifies that employers
train dive team members exposed to
hyperbaric conditions, or who control
exposure of other employees to such
conditions, in diving-related physics
and physiology.
Sections 1910.420(a). Under
paragraph (a), employers must develop
and maintain a safe practices manual
and make it available to each dive team
member at the dive location. In
addition, for each diving mode used at
the dive location, the manual must
contain: Safety procedures and
checklists for diving operations;
assignments and responsibilities of the
dive team members; equipment
procedures and checklists; and
emergency procedures for fire,
equipment failures, adverse
environmental conditions, and medical
illness and injury.
Section 1910.421(b). Under this
provision, employers are to keep at the
dive location a list of telephone or call
numbers for the following emergency
facilities and services: An operational
decompression chamber (if such a
chamber is not at the dive location);
accessible hospitals; available
physicians and means of emergency
transportation; and the nearest U.S.
Coast Guard Rescue Coordination
Center.
Section 1910.421(f). Requires
employers to brief dive team members

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Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Notices
on the diving-related tasks they are to
perform, safety procedures for the
diving mode used at the dive location,
any unusual hazards or environmental
conditions likely to affect the safety of
the diving operation, and any
modifications to operating procedures
necessitated by the specific diving
operation. Before assigning divingrelated tasks, employers must ask each
dive team member about their current
state of physical fitness, and inform the
member about the procedure for
reporting physical problems or adverse
physiological effects during and after
the dive.
Section 1910.421(h). If the diving
operation occurs in an area capable of
supporting marine traffic and occurs
from a surface other than a vessel,
employers are to display a rigid replica
of the international code flag ‘‘A’’ that
is at least one meter in height so that it
is visible from any direction; the
employer must illuminate the flag
during night diving operations.
Section 1910.422(e). Employers must
develop and maintain a depth-time
profile for each diver that includes, as
appropriate, any breathing gas changes
or decompression.
Sections 1910.423(b)(1)(ii) through
(b)(2). Requires the employer to: Instruct
the diver to report any physical
symptoms or adverse physiological
effects, including symptoms of
decompression sickness (DCS); advise
the diver of the location of a
decompression chamber that is ready for
use; and alert the diver to the potential
hazards of flying after diving. For any
dive outside the no-decompression
limits, deeper than 100 feet, or that uses
mixed gas in the breathing mixture, the
employer must also inform the diver to
remain awake and in the vicinity of the
decompression chamber that is at the
dive location for at least one hour after
the dive or any decompression or
treatment associated with the dive.
Section 1910.423(d). Paragraph (d)(1)
specifies that employers are to record
and maintain the following information
for each diving operation: The names of
dive-team members; date, time, and
location; diving modes used; general
description of the tasks performed; an
estimate of the underwater and surface
conditions; and the maximum depth
and bottom time for each diver. In
addition, for each dive outside the nodecompression limits, deeper than 100
feet, or that uses mixed gas in the
breathing mixture, paragraph (d)(2)
requires the employer to record and
maintain the following information for
each diver: Depth-time and breathing
gas profiles; decompression table
designation (including any

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modifications); and elapsed time since
the last pressure exposure if less than 24
hours or the repetitive dive designation.
Under paragraph (d)(3), if the dive
results in DCS symptoms, or the
employer suspects that a diver has DCS,
the employer must record and maintain
a description of the DCS symptoms
(including the depth and time of
symptom onset) and the results of
treatment.
Section 1910.423(e). Requires
employers to assess each DCS incident
by: Investigating and evaluating it based
on the recorded information,
consideration of the past performance of
the decompression profile used, and the
diver’s individual susceptibility to DCS;
taking appropriate corrective action to
reduce the probability of a DCS
recurrence; and, within 45 days of the
DCS incident, preparing a written
evaluation of this assessment, including
any corrective action taken.
Sections 1910.430(a), (b)(4), (c)(1)(ii),
(c)(3)(i), (f)(3)(ii), and (g)(2). Description
of the requirements. Paragraph (a)
contains a general requirement that
employers must record by means of
tagging or a logging system any work
performed on equipment, including any
modifications, repairs, tests,
calibrations, or maintenance performed
on the equipment. This record is to
include a description of the work, the
name or initials of the individual who
performed the work, and the date they
completed the work.
Paragraphs (b)(4) and (c)(1)(iii) require
employers to test two specific types of
equipment, including, respectively: The
output of air compressor systems used
to supply breathing air to divers for air
purity every six months by means of
samples taken at the connection to the
distribution system; and breathing-gas
hoses at least annually at one and onehalf times their working pressure. Under
paragraph (c)(3)(i), employers must
mark each umbilical (i.e., separate lines
supplying air and communications to a
diver, as well as a safety line, tied
together in a bundle), beginning at the
diver’s end, in 10-foot increments for
100 feet, then in 50-foot increments.
Paragraph (f)(3)(ii) mandates that
employers regularly inspect and
maintain mufflers located in intake and
exhaust lines on decompression
chambers. According to paragraph
(g)(2), employers are to test depth
gauges using dead-weight testing, or
calibrate the gauges against a master
reference gauge; such testing or
calibration is to occur every six months
or if the employer finds a discrepancy
larger than two percent of the full scale
between any two equivalent gauges.
Employers must make a record of the

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tests, calibrations, inspections, and
maintenance performed on the
equipment specified by these
paragraphs in accordance with section
1910.430(a).
Sections 1910.440(a)(2) and (b).
Under paragraph (a)(2) of this provision,
employers must record any divingrelated injuries or illnesses that result in
a dive-team member remaining in
hospital for at least 24 hours. This
record is to describe the circumstances
of the incident and the extent of any
injuries or illnesses.
Paragraph (b) of this provision
regulates the availability of the records
required by the Subpart, including who
has access to these records, the retention
periods for various records, and, in
some cases, the final disposition of the
records. Under paragraph (b)(1),
employers must make any record
required by the subpart available, on
request, for inspection and copying to
an OSHA compliance officer or to a
representative of the National Institute
for Occupational Safety and Health
(NIOSH). Paragraph (b)(2) specifies that
employers are to provide employees,
their designated representatives, and
OSHA compliance officers with
exposure and medical records generated
under the Subpart in accordance with
§ 1910.1020 (‘‘Access to employee
exposure and medical records’’); these
records include safe practices manuals,
depth-time profiles, diving records, DCS
incident assessments, and
hospitalization records. This paragraph
also mandates that employers make
equipment inspection and testing
records available to employees and their
designated representative on request.
According to paragraph (b)(3),
employers must retain these records for
the following periods: Safe practices
manuals, current document only; depthtime profiles, until completing the
diving record or the DCS incident
assessment; diving records, one year,
except five years if a DCS incident
occurred during the dive; DCS incident
assessments, five years; hospitalization
records, five years; and equipment
inspections and testing records, current
tag or log entry until the employer
removes the equipment from service.
Paragraphs (b)(4) and (b)(5) specify the
requirements for disposing of these
records. Under paragraph (b)(4),
employers are to forward any record
with an expired five-year retention
period to NIOSH. Paragraph (b)(5) states
that employers who cease to do business
must transfer records without unexpired
retention dates to the successor
employer who will retain them for the
required period; however, if the
employers cease to do business without

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Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Notices

a successor employer, they must transfer
the records to NIOSH.
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 that OMB extend
its approval of the information
collection requirements contained in the
Standard on Commercial Diving
Operations (29 CFR part 1910, subpart
T). The Agency is requesting to retain its
current burden hour total of 205,397
associated with this Subpart; however,
it is adding a cost of $2,765 for
employers to transfer records to the
National Institute for Occupational
Safety and Health. The Agency will
summarize the comments submitted in
response to this notice and will include
this summary in the request to OMB.
Type of Review: Extension of a
currently approved collection.
Title: Standard on Commercial Diving
Operations (29 CFR part 1910, subpart
T).
OMB Number: 1218–0069.
Affected Public: Business or other forprofits.
Number of Respondents: 3,000.
Frequency: On occasion; annually.
Average Time per Response: Varies
from 3 minutes (.05 hour) to replace the
safe practices manual to 1 hour to
develop a new manual.
Estimated Total Burden Hours:
205,397.
Estimated Cost (Operation and
Maintenance): $2,765.

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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

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material must identify the Agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2007–0087).
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://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and date of birth.
Although all submissions are listed in
the http://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download through this website.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://
www.regulations.gov website to submit
comments and access the docket is
available at the website’s ‘‘User Tips’’
link. Contact the OSHA Docket Office
for information about materials not
available through the website, and for
assistance in using the Internet to locate
docket submissions.
V. Authority and Signature
Edwin G. Foulke, Jr., 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. 5–2007 (72 FR 31159).
Signed at Washington, DC, on January 30,
2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–2061 Filed 2–4–08; 8:45 am]
BILLING CODE 4510–26–P

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NUCLEAR REGULATORY
COMMISSION
[NUREG–1855]

‘‘Guidance on the Treatment of
Uncertainties Associated with PRAs In
Risk-Informed Decision Making, Draft
Report for Comment’’
Nuclear Regulatory
Commission.
ACTION: Notice of availability of
NUREG–1855, ‘‘Guidance on the
Treatment of Uncertainties Associated
with PRAs in Risk-Informed Decision
Making, Draft Report for Comment,’’
and request for public comment.
AGENCY:

SUMMARY: The Nuclear Regulatory
Commission (NRC) is announcing the
availability of and is seeking comments
on NUREG–1855, ‘‘Guidance on the
Treatment of Uncertainties Associated
with PRAs in Risk-Informed Decision
Making, Draft Report for Comment.’’
DATES: Comments on this document
should be submitted by March 28, 2008.
Comments received after that date will
be considered to the extent practical. To
ensure efficient and complete comment
resolution, comments should include
references to the section, page, and line
numbers of the document to which the
comment applies, if possible.
ADDRESSES: Members of the public are
invited and encouraged to submit
written comments to Michael Lesar,
Chief, Rulemaking, Directives, and
Editing Branch, Office of
Administration, Mail Stop T6–D59, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001. Handdeliver comments attention to Michael
Lesar, 11545 Rockville Pike, Rockville,
MD, between 7:30 a.m. and 4:15 p.m. on
Federal workdays. Comments may also
be sent electronically to
[email protected].
This document, NUREG–1855, is
available at the Agencywide Documents
Access and Management System
(ADAMS) Public Electronic Reading
Room on the Internet at the NRC Web
site at http://www.nrc.gov/reading-rm/
adams.html under Accession No.
ML072990412 on the NRC Web site
http://www.nrc.gov/reading-rm/doccollections/nuregs/docs4comment.html;
and at the NRC Public Document Room,
11555 Rockville Pike, Rockville, MD.
The PDR’s mailing address is USNRC
PDR, Washington, DC 20555; telephone
(301) 415–4737 or (800) 397–4205; fax
(301) 415–3548; e-mail [email protected].
FOR FURTHER INFORMATION, CONTACT:
Mary Drouin, Division of Risk
Assessment, Office of Nuclear

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File TitleDocument
SubjectExtracted Pages
AuthorU.S. Government Printing Office
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File Created2008-02-05

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