60_Day_FR_Notice

Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Notices
[FR Doc. E8–26736 Filed 11–7–08; 8:45 am]
BILLING CODE 4510–FW–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2008–0044]

Permit-Required Confined Spaces;
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.
AGENCY:

SUMMARY: OSHA solicits comments
concerning its proposal to extend OMB
approval of the information collection
requirement contained in the Standard
on Permit-Required Confined Spaces (29
CFR 1910.146). The purpose of the
information is to ensure that employers
systematically evaluate the dangers in
permit spaces before entry is attempted,
and to ensure that adequate measures
are taken to make the spaces safe for
entry.

Comments must be submitted
(postmarked, sent, or received) by
January 9, 2009.
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,
Docket No. OSHA–2008–0044, 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
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–
2008–0044). All comments, including
any personal information you provide,
are placed in the public docket without

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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 Web site.
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
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).
Section 1910.146(c)(2) requires the
employer to post danger signs to inform

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exposed employees of the existence and
location of, and the danger 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 (‘‘permit-space
program’’) required under this
paragraph.
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
§ 1910.146, the employer is required to
verify that the space is safe for entry and
that the pre-entry measures required by
paragraph (c)(5)(ii) of this section have
been taken, using a written certification
that contains the date, the location of
the space, and the signature of the
person providing the certification. The
certification is to be made before entry
and is required to be made available to
each employee entering the space or to
that employee’s authorized
representative.
Section 1910.146(c)(7)(iii) requires the
employer to document the basis for
determining that all hazards in a permit
space have been eliminated using a
certification that contains the date, the
location of the space, and the signature
of the person making the determination.
The certification is to be made available
to each employee entering the space or
to that employee’s authorized
representative.
Section 1910.146(c)(8)(i) requires that
the employer inform the contractor that
the workplace contains permit spaces
and that permit space entry is allowed
only through compliance with a permit
space program meeting the requirements
of this section.
Section 1910.146(c)(8)(ii) requires that
the employer apprise the contractor of
the elements, including the hazards
identified and the host employer’s
experience with the space, that make
the space in question a permit space.
Section 1910.146(c)(8)(iii) requires that
the employer apprise the contractor of
any precautions or procedures that the
host employer has implemented for the
protection of employees in or near
permit spaces where contractor

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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Notices

personnel will be working. Section
1910.146(c)(8)(v) requires the employer
to debrief the contractor at the
conclusion of the entry operations
regarding the permit space program
followed and regarding any hazards
confronted or created in permit spaces
during entry operations.
Section 1910.146(c)(9)(iii) requires
that the contractor inform the host
employer of the permit space program
that the contractor will follow and of
any hazards confronted or created in
permit spaces, either through a
debriefing or during the entry operation.
Section 1910.146(d)(5)(vi) requires the
employer to immediately provide each
authorized entrant or that employee’s
authorized representative with the
results of any testing conducted in
accordance with paragraph (d) of this
section.
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 § 1910.146 specifies the
information to be included on the entry
permit. Paragraph (e)(3) requires that the
employer make the completed permit
available at the time of entry to all
authorized entrants by posting the
permit at the entry portal or by any
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.
Section 1910.146(g)(4) requires that
the employer certify that the training
required by paragraphs (g)(1) through
(g)(3) has been accomplished by
preparing a written certification record.
Section 1910.146(k)(1)(iv) requires
that the employer inform each rescue
team or service of the hazards they may
confront when called on to perform
rescue at the site.
Section 1910.146(k)(2)(ii) requires
that the employer train affected
employees to perform assigned rescue
duties. The employer must ensure that
such employees successfully complete
the training required to establish
proficiency as an authorized entrant, as
provided by paragraphs (g) and (h) of
this section. Section 1910.146(k)(2)(iii)
requires that the employer train affected
employees in basic first-aid and
cardiopulmonary resuscitation (CPR).
The employer shall ensure that at least
one member of the rescue team or
service holding a current certification in
first aid and CPR is available.
Section 1910.146(k)(4) requires that if
an injured entrant is exposed to a
substance for which a Material Safety

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Data Sheet (MSDS) or other similar
written information is required to be
kept at the worksite, that the employer
make the MSDS or written information
available to the medical facility treating
the exposed entrant.
Section 1910.146(l)(2) requires that
employers make all information
required to be developed by this section
available to affected employees and
their authorized representatives.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed 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 Permit-Required Confined
Spaces (29 CFR 1910.146). OSHA is
proposing to decrease the existing
burden hour estimate for the collection
of information requirements specified
by the Standard from 1,523,763 hours to
1,475,091 hours, for a total decrease of
48,672 hours. This adjustment decrease
was due to updated data that indicated
a slight decline in the numbers of
establishments with permit spaces,
permit spaces, and permit space
entrants. 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: Permit-Required Confined
Spaces (29 CFR 1910.146).
OMB Number: 1218–0203.
Affected Public: Business or other forprofits; Not-for-profit organizations;
Federal Government; State, local, or
tribal government.
Number of Respondents: 219,456.
Frequency of Response: On occasion.
Average Time per Response: Varies
from one minute (.02 hour) to maintain
a certificate to 16 hours to develop a
written permit space entry program.
Estimated Total Burden Hours:
1,475,091.

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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 for the
ICR (Docket No. OSHA–2008–0044).
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 Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://
www.regulations.gov Web site to submit
comments and access the docket is
available at the Web site’s ‘‘User Tips’’
link. Contact the OSHA Docket Office
for information about materials not
available through the Web site, 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

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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Notices
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 November 3,
2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–26585 Filed 11–7–08; 8:45 am]
BILLING CODE 4510–26–P

date). To expedite admittance, attendees
can provide their identifying
information in advance by contacting
Dr. Miller via e-mail at
[email protected] or by telephone at
(202) 358–1527 by November 20, 2008.
Persons with disabilities who require
assistance should indicate this.
It is imperative that the meeting be
held on this date to accommodate the
scheduling priorities of the key
participants.
Dated: October 31, 2008.
P. Diane Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. E8–26632 Filed 11–7–08; 8:45 am]

NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (08–084)]

NASA International Space Station
Advisory Committee; meeting

BILLING CODE 7510–13–P

National Aeronautics and
Space Administration (NASA).
ACTION: Notice of meeting.
AGENCY:

SUMMARY: In accordance with the
Federal Advisory Committee Act, Public
Law 92–463, as amended, the National
Aeronautics and Space Administration
announces an open meeting of the
NASA International Space Station
Advisory Committee.
DATES: Thursday, December 4, 2008,
2 p.m. to 3 p.m. Eastern Standard Time.
ADDRESSES: National Aeronautics and
Space Administration, 300 E Street,
SW., Room 7H45, Washington, DC
20546.

Dr.
J. Donald Miller, Office of External
Relations, (202) 358–1527, National
Aeronautics and Space Administration,
Washington, DC 20546–0001.
SUPPLEMENTARY INFORMATION: The
purpose of the meeting is to assess
NASA and Roscosmos plans to support
a six-person crew aboard the
International Space Station, including
transportation, crew rotation, training,
and micro meteoroid and orbital debris
shielding.
This meeting will be open to the
public up to the seating capacity of the
room. Five seats will be reserved for
members of the press. Attendees will be
required to sign a register and to comply
with NASA security requirements,
including the presentation of a valid
picture ID, before receiving an access
badge. All attendees will need to
provide the following information to
receive an access badge: Full name;
gender; date/place of birth; citizenship;
employer/affiliation information (name
of institution, address, county, phone),
and title/position. Foreign nationals will
need to provide the following additional
information: Visa/green card
information (number, type, expiration

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NUCLEAR REGULATORY
COMMISSION
Draft Regulatory Guide: Issuance,
Availability
Nuclear Regulatory
Commission.
ACTION: Notice of Issuance and
Availability of Draft Regulatory Guide,
DG–4013.
AGENCY:

FOR FURTHER INFORMATION CONTACT:

Steve Garry, U. S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone: (301) 415–2766 or email to [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) has issued for public
comment a draft regulatory guide in the
agency’s ‘‘Regulatory Guide’’ series.
This series was developed to describe
and make available to the public such
information as methods that are
acceptable to the NRC staff for
implementing specific parts of the
NRC’s regulations, techniques that the
staff uses in evaluating specific
problems or postulated accidents, and
data that the staff needs in its review of
applications for permits and licenses.
The draft regulatory guide (DG), titled,
‘‘Environmental Monitoring for Nuclear
Power Plants,’’ is temporarily identified
by its task number, DG–4013, which
should be mentioned in all related
correspondence.
DG–4013, which is proposed Revision
2 of Regulatory Guide 4.1, describes a
method that the staff of the NRC
considers acceptable for use in
establishing and conducting baseline
environmental monitoring at nuclear
power plants. To meet this objective, the

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guide describes programs for
preoperational and operational
environmental monitoring, including
both onsite and offsite environmental
monitoring. The guide also describes
how information obtained in the
environmental monitoring program can
be used to document information on
residual radioactivity that may be useful
during decommissioning.
The regulatory framework that the
NRC has established as the basis for the
radiological environmental monitoring
program (REMP) appears in section IV.B
of Appendix I, ‘‘Numerical Guides for
Design Objectives and Limiting
Conditions for Operation to Meet the
Criterion ‘As Low As Is Reasonably
Achievable’ for Radioactive Material in
Light-Water-Cooled Nuclear Power
Reactor Effluents,’’ to Title 10, Part 50,
‘‘Domestic Licensing of Production and
Utilization Facilities,’’ of the Code of
Federal Regulations (10 CFR Part 50);
and in 10 CFR 20.1302, ‘‘Compliance
with Dose Limits for Individual
Members of the Public’’ (10 CFR 20).
These regulations require the
establishment of an appropriate
surveillance and monitoring program to
obtain data on measurable levels of
radiation and radioactive materials in
the environment and to perform surveys
in the unrestricted and controlled areas.
The data on measurable levels of
radiation and radioactive materials in
the environment are used to evaluate
the relationship between quantities of
radioactive materials released in
effluents and resultant radiation dose to
individuals from principal pathways of
exposure. This regulatory guide also
provides methods of evaluating the
relationship between effluents released
and environmental monitoring results.
II. Further Information
The NRC staff is soliciting comments
on DG–4013. Comments may be
accompanied by relevant information or
supporting data, and should mention
DG–4013 in the subject line. Comments
submitted in writing or in electronic
form will be made available to the
public in their entirety through the
NRC’s Agencywide Documents Access
and Management System (ADAMS).
Personal information will not be
removed from your comments. You may
submit comments by any of the
following methods:
1. Mail comments to: Rulemaking,
Directives, and Editing Branch, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
2. E-mail comments to:
[email protected].

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