60-day Preclearance FRN

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extension by the due date for comments.
OSHA will limit any extension to 10
days unless the requester justifies a
longer period. OSHA may deny a
request for an extension if the request is
not adequately justified. To obtain or
review copies of the exhibits identified
in this notice, as well as comments
submitted to the docket, contact the
Docket Office, Occupational Safety and
Health Administration, U.S. Department
of Labor. These materials also are
available online at http://
www.regulations.gov under Docket No.
OSHA–2007–0041.
OSHA staff will review all comments
to the docket submitted in a timely
manner and, after addressing the issues
raised by these comments, will make a
recommendation to the Assistant
Secretary for Occupational Safety and
Health whether to grant FM’s
application for expansion of the scope
of recognition. The Assistant Secretary
will make the final decision on granting
the application. In making this decision,
the Assistant Secretary may undertake
other proceedings prescribed in
Appendix A to 29 CFR 1910.7.
OSHA will publish a public notice of
TABLE 2—STANDARD OSHA IS PRO- the final decision in the Federal
POSING TO ADD TO THE NRTL PRO- Register.

example, OSHA may become aware of
new test standards by: (1) Monitoring
notifications issued by certain
Standards Development Organizations;
(2) reviewing applications by NRTLs or
applicants seeking recognition to
include new test standard in their
scopes of recognition; and (3) obtaining
notification from manufacturers,
manufacturing organizations,
government agencies, or other parties.
OSHA may determine to include a new
test standard in the list, for example, if
the test standard is for a particular type
of product that another test standard
also covers or it covers a type of product
that no standard previously covered.
In this notice, OSHA proposes to add
one new test standard to the NRTL
Program’s list of appropriate test
standards. Table 2, below, lists the test
standard that is new to the NRTL
Program. OSHA preliminarily
determined that this test standard is
appropriate and proposes to include it
in the NRTL Program’s list of
appropriate test standards. OSHA seeks
public comment on this preliminary
determination.

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GRAM’S LIST OF
STANDARDS

APPROPRIATE TEST V. Authority and Signature

Test standard

Test standard title

ANSI FM 3265

Spark Detection and Extinguishing
Systems.

IV. Preliminary Findings on the
Application
FM submitted an acceptable
application for expansion of the scope
of recognition. OSHA’s review of the
application files, and pertinent
documentation, indicate that FM can
meet the requirements prescribed by 29
CFR 1910.7 for expanding the
recognition to include the addition of
these five test standards for NRTL
testing and certification listed above.
This preliminary finding does not
constitute an interim or temporary
approval of FM’s application.
OSHA welcomes public comment as
to whether FM meets the requirements
of 29 CFR 1910.7 for expansion of the
recognition as a NRTL. OSHA
additionally welcomes comments on the
proposal to add five additional test
standards to the NRTL Program’s list of
appropriate test standards. Comments
should consist of pertinent written
documents and exhibits. Commenters
needing more time to comment must
submit a request in writing, stating the
reasons for the request. Commenters
must submit the written request for an

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Amanda L. Edens, Deputy Assistant
Secretary of Labor for Occupational
Safety and Health, 200 Constitution
Avenue NW, Washington, DC 20210,
authorized the preparation of this
notice. Accordingly, the agency is
issuing this notice pursuant to Section
29 U.S.C. 655(6)(d), Secretary of Labor’s
Order No. 8–2020 (85 FR 58393; Sept.
18, 2020), and 29 CFR 1905.11.
Signed at Washington, DC, on February 17,
2021.
Amanda L. Edens,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2021–03943 Filed 2–25–21; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2017–0014]

Standard on Confined Spaces in
Construction; 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 comments.
AGENCY:

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OSHA solicits public
comments concerning the proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
contained in the Confined Spaces in
Construction Standard.
DATES: Comments must be submitted
(postmarked, sent, or received) by April
27, 2021.
ADDRESSES:
Electronically: You may submit
comments, including attachments,
electronically at http://
www.regulations.gov, the Federal
eRulemaking Portal. Follow the
instructions online for submitting
comments.
Docket: To read or download
comments or other material in the
docket, go to http://
www.regulations.gov. Documents in the
docket 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
through the OSHA Docket Office.
Contact the OSHA Docket Office for
assistance in locating docket
submissions.
Instructions: All submissions must
include the agency name and the OSHA
docket number for this Federal Register
notice (OSHA–2017–0014). OSHA will
place comments and requests to speak,
including personal information, in the
public docket, which may be available
online. Therefore, OSHA cautions
interested parties about submitting
personal information such as Social
Security numbers and birthdates. For
further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor,
telephone (202) 693–2222.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Background
The Department of Labor, as part of a
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)
(44 U.S.C. 3506(c)(2)(A)). This program
ensures that information is in the

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desired format, the reporting burden
(time and costs) is minimal, the
collection instruments are clearly
understood, and OSHA’s estimate of the
information collection burden is
accurate. The Occupational Safety and
Health Act of 1970 (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 a minimum burden
upon employers, especially those
operating small businesses, and to
reduce to the maximum extent feasible
unnecessary duplication of effort in
obtaining said information (29 U.S.C.
657).
The Standard specifies several
information collection requirements.
The following sections describe who
uses the information collected under
each requirement, as well as how they
use it. Employers and employees would
use these information collection
requirements when they identify a
confined space at a construction
worksite. The purpose of the
information would permit employers
and employees to systematically
evaluate the dangers in confined spaces
before entry is attempted, and to ensure
that adequate measures have been
implemented to make the spaces safe for
entry. In addition, the information
collection requirements of the Standard
specify requirements for developing and
maintaining a number of records and
other documents. Further, OSHA
compliance safety and health officers
would need the information to
determine, during an inspection,
whether employers are complying with
the requirements.
29 CFR 1926.1203—General
Requirements

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29 CFR 1926.1203(b)(1)—Informing
Employees of Permit Required Confined
Spaces Dangers
Paragraph (b)(1) requires employers
who identify a permit required confined
space (PRCS) to post danger signs or
take other equally effective means to
inform employees of the existence and
location of, and the danger posed by,
permit spaces. The note following
paragraph (b)(1) provides an example of
the content of the optional danger sign.

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29 CFR 1926.1203(b)(2)—Informing
Controlling Contractors and Employees’
Authorized Representatives About PRCS
Hazards
Paragraph (b)(2) requires employers to
inform, in a timely manner and in a
manner other than posting, the
employees’ authorized representatives
and the controlling contractor, of the
hazards of confined spaces and the
location of those spaces.
29 CFR 1926.1203(d)—Written Permit
Space Program
Paragraph (d) requires any employer
that has employees who will enter a
confined space to have and implement
a written permit confined space
program and to make the program
available for inspection by employees
and their representatives. Employers
may write detailed permit space
programs, while making the entry
permits associated with the written
programs less specific than the
programs, provided the permits address
the hazards of the particular space;
conversely, the program may be less
specific than the entry permit, in which
case the employer must draft a detailed
permit.
29 CFR 1926.1203(e)(1)(v) and
1926.1203(e)(2)(ix)—Alternate
Procedure Documentation and
Availability
Paragraph (e)(1) sets forth the six
conditions that an employer must meet
before the employees can enter a permit
space under the alternate procedures
specified in paragraph (e)(2).
Paragraph (e)(1)(v) requires employers
to document the initial conditions
before entry, including the
determinations and supporting data
required by paragraphs (e)(1)(i) through
(e)(1)(iii) of the Standard (develop
monitoring 1 and inspection data that
supports the demonstrations required by
paragraphs (e)(1)(i) and (e)(1)(ii), i.e., the
elimination or isolation of physical
hazards such that the only hazard in the
space is an actual or potential hazardous
atmosphere, and that continuous forcedair ventilation is sufficient to maintain
the space safe for entry), and make this
documentation available to employees
who enter the spaces under the alternate
procedures, or to their authorized
representatives.
In addition, paragraph (e)(2)(ix)
requires the employer to verify that the
permit space is safe for entry and that
the employer took the measures
1 In this context, the final rule uses ‘‘monitoring’’
to match the general industry language, and the
term encompasses both the initial testing of
atmosphere and the subsequent measurements.

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11797

required by paragraph (e)(2) (the
procedures that employers must follow
for permit space entries made under
paragraph (e)(1)). The verification must
be in the form of a certification that
contains the date, the location of the
space, and the signature of the certifying
individual. The employer must make
the alternate procedure documentation
of paragraphs (e)(1)(v) and (e)(2)(ix)
available to entrants or to their
employees’ authorized representatives
before entry.
29 CFR 1926.1203(e)(2)(viii)—Written
Approval for Job-Made Hoisting
Systems
Paragraph (e)(2)(vii) allows for the use
of job-made hoisting systems if a
registered professional engineer
approves these systems for personnel
hoisting prior to use in entry operations
regulated by § 1926.1203(e). Unlike the
proposed rule, the final rule requires an
engineer’s approval to be in writing to
ensure that the specifications and
limitations of use are conveyed
accurately to the employees
implementing the job-made hoist, and
that the approval can be verified.
29 CFR 1926.1203(g)(3)—Certification of
Former Permit Spaces as Non-Permit
Spaces
Paragraph (g)(3) requires an entry
employer seeking to reclassify a space
from permit to non-permit status to
document the basis for determining that
it eliminated all permit space hazards
through a certification that contains the
date, the location of the space, and the
signature of the certifying individual. In
addition, the employer must make the
certification available to each employee
entering the space or his or her
authorized representative. A
reevaluation aimed at reestablishing
compliance with paragraph (g) will
involve the demonstrations, testing,
inspection, and documentation required
in paragraphs (g)(1) through (g)(3). The
employer must substantiate all
determinations so that employers,
employees, and the agency have the
means necessary to evaluate those
determinations and ensure compliance
with the conditions that would enable
the employer to conduct entry
operations using the alternate
procedures specified by § 1926.1203
following reclassification.
29 CFR 1926.1203(h)—Permit Space
Entry Communication and Coordination
In paragraph (h), OSHA designates the
controlling contractor, rather than the
host employer, as the information hub
for confined spaces information-sharing
and coordination because the

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controlling contractor’s function at a
construction site makes it better situated
than the host employer (assuming that
the host employer is not also the
controlling contractor) to contribute to
and to facilitate a timely and accurate
information exchange among all
employers who have employees
involved in confined space work. On a
construction worksite, the controlling
contractor has overall authority for the
site and is best situated to receive and
disseminate information about the
previous and current work performed
there.
29 CFR 1926.1203(h)(1)—Pre-Entry
Duties of Host Employer
Paragraph (h)(1) requires the host
employer to share with the controlling
contractor information that the host has
about the location of known permit
spaces, the hazards or potential hazards
in each space or the reason it is a permit
space, and any previous steps that it
took, or that other employers took, to
protect workers from the hazards in
those spaces.
29 CFR 1926.1203(h)(2)—Pre-Entry
Information-Sharing Duties of
Controlling Contractors
OSHA requires controlling contractors
to obtain the information specified in
paragraph (h)(1) from the host employer
(i.e., the location of permit spaces, the
known hazards in those spaces, and
measures employed previously to
protect employees in that space). Then,
before permit space entry, it must relay
that information to any entity entering
the permit space and to any entity
whose activities could foreseeably result
in a hazard in the confined space. (See
paragraph (h)(2)(ii).) The controlling
contractor must also share any other
information that it has gathered about
the permit space, such as information
received from prior entrants.

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29 CFR 1926.1203(h)(2)(i)—Controlling
Contractor Obtains Information From
Host Employer
Paragraph (h)(2)(i) requires the
controlling contractor to obtain from the
host employer, before permit space
entry, available information regarding
permit space hazards and previous entry
operations.
29 CFR 1926.1203(h)(2)(ii)—Controlling
Contractor Provides Information to
Entities Entering a Permit Space and
Other Entities at the Worksite
Paragraph (h)(2)(ii)(A) and (B) require
the controlling contractor, before entry
operations begin, to share with the
entrants, and any other entity at the
worksite whose activities could

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foreseeably result in a hazard in the
permit space, the information that the
controlling contractor received from the
host employer, as well as any additional
information the controlling contractor
has about the topics listed in paragraphs
(h)(1)(i) through (iii) (i.e., the location of
permit spaces, the hazards in those
spaces, and any previous efforts to
address those hazards).
Paragraph (h)(2)(ii)(C) requires the
controlling contractor, before entry
operations begin, to share with each
specified entity any precautions or
procedures that the host employer,
controlling contractor, or any entry
employer implemented earlier for the
protection of employees working in
permit spaces.

29 CFR 1926.1203(h)(5)—Post-Entry
Duties of Controlling Contractors and
Entry Employers

29 CFR 1203(h)(3)—Pre-Entry
Information-Sharing Duties of Entry
Employers

Paragraph (i) provides that, in the
event no employer meets the definition
of a controlling contractor on a
particular worksite, the host employer
or other employer that arranges for
permit space entry work must fulfill the
information exchange and coordination
duties of a controlling contractor.

This provision sets forth the
information-exchange requirements for
entry employers.
29 CFR 1926.1203(h)(3)(i)
Paragraph (h)(3)(i) requires an entry
employer to obtain information about
the permit space entry operations from
the controlling contractor, and works
with paragraph (h)(2), which requires
the controlling contractor to share
information about permit-space entry
operations with the entry employer.
29 CFR 1926.1203(h)(3)(ii)
Paragraph (h)(3)(ii) requires an entry
employer to inform the controlling
contractor of the permit space program
that the entry employer will follow,
including information about any
hazards likely to be confronted or
created in each permit space. This
exchange must take place prior to entry
to ensure that the controlling contractor
is informed of all the hazards in a timely
manner and can take action, if needed,
to prevent an accident or injury before
entry operations begin.
29 CFR 1926.1203(h)(4)—Coordination
Duties of Controlling Contractors and
Entry Employers
Paragraph 1203(h)(4) requires
controlling contractors and entry
employers to coordinate permit space
entry operations in two circumstances:
(1) When more than one entity performs
entry operations at the same time, or (2)
when permit space entry is performed at
the same time that any activities that
could foreseeably result in a hazard in
the permit space are performed.

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Paragraph (h)(5)(i) requires the
controlling contractor to debrief each
entity that entered a permit space, at the
end of entry operations, about the
permit space program followed, and any
hazards confronted or created in the
permit space(s) during entry operations,
and then, as required by paragraph
(h)(5)(iii), relay appropriate information
to the host employer. Paragraph
(h)(5)(ii) requires the entry employer to
share the same information with the
controlling contractor in a timely
manner.
29 CFR 1926.1203(i)—Absence of a
Controlling Contractor

29 CFR 1926.1204—Permit Required
Confined Space Program
The agency requires each employer
with employees who will enter a permit
space to have and implement a written
permit space program at the
construction site (with the exception of
ventilation-only entries conducted in
accordance with § 1926.1203(e)). Also
see discussion of 29 CFR 1926.1203(d)
and 29 CFR 1926.1212(a), requirements
that pertain to the written program.
As required elements of the written
program, OSHA considers all provisions
of § 1926.1204 to be information
collection requirements: e.g., paragraphs
(a) (implementation of the measures
necessary to prevent unauthorized
entry); (b) (identification and evaluation
of the hazards of PRCSs); (c) (safe permit
space entry operations); (d) (equipment);
(e) (evaluation of PRCS conditions
during entry operations); (f) (attendant
required); (g) (attendant emergency
procedures); (h) (designation of entry
operation duties); (i) (summoning rescue
and emergency services procedures); (j)
(system for cancellation of entry
permits, including safe termination of
entry operations); (k) (entry operation
coordination procedures); (l) (entry
operation conclusion procedures); (m)
(entry operation review); and (n) (permit
space program review). In addition,
some provisions of § 1926.1204
constitute information collection
requirements for reasons other than
inclusion in the written program, as
described below.

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29 CFR 1926.1204(c), (g), (h), (i), (j), (k)
and (l))—Development of Procedures

employers to ‘‘lockout or tagout . . . all
sources of energy.’’

Paragraph 1926.1204(c) requires an
employer to develop procedures needed
to facilitate safe entry operations into
permit spaces. The subparagraphs in (c)
provide specific elements of the
required procedures that employers
must include in the permit program:
Identifying safe entry conditions that
employers must meet to initiate and
conduct the entry safely (paragraph
(c)(1)); providing each authorized
entrant with the opportunity to observe
monitoring or testing (paragraph (c)(2));
isolating the PRCS (paragraph (c)(3));
purging, inerting, flushing, or
ventilating the permit space (paragraph
(c)(4)); ensuring that monitoring devices
will detect an increase in atmospheric
hazard levels in the event that the
ventilation system malfunctions, and to
do so in adequate time for employees to
safely exit the space (paragraph (c)(5));
providing barriers to protect entrants
from external hazards (paragraph (c)(6));
verifying that conditions are acceptable
for entry and preventing employees
from entering the permit space with a
hazardous atmosphere unless
demonstrating that personal protective
equipment (PPE) will be effective for
each employee (paragraph (c)(7)); and
eliminating any conditions that could
make it unsafe to remove an entrance
cover (paragraph (c)(8)). Before entry is
authorized, each entry employer must
document the completion of these
measures by preparing an entry permit,
as required by paragraph 1926.1205(a).
Under paragraphs (g) through (l),
entry employers are also required to
develop procedures for: Having an
attendant respond to emergencies
affecting multiple permit spaces
monitored (paragraph (g)); specifying
employees’ name, confined space entry
roles and duties (paragraph (h));
summoning rescue and emergency
services, rescuing entrants from permit
spaces, providing necessary emergency
services to rescued employees,
preventing unauthorized personnel from
attempting a rescue (paragraph (i));
cancelling entry permits (paragraph (j));
coordinating entry operations
(paragraph (k)); and for terminating an
entry permit and entry operations
(paragraph (l)).

29 CFR 1926.1204(e)(6)—Providing
Testing and Monitoring Results to
Employees

29 CFR 1926.1204(c)(3) and
1203(e)(1)(i)—Lockout/Tagout
Paragraphs (c)(3) and (e)(1)(i) (for
PRCSs using alternate procedures)
require tagging in accordance with the
definition of ‘‘isolate’’ or ‘‘isolation’’
(see paragraph 1202), which requires

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Paragraph (e)(6) requires each entry
employer to immediately provide the
results of any testing conducted in
accordance with paragraph 1204 to each
authorized entrant or that employee’s
authorized representative.
29 CFR 1926.1204(m)—Review of Entry
Operations and Revision of Procedures
When Inadequate
Paragraph (m) requires each entry
employer to review the permit space
program whenever the procedures are
inadequate, and to revise those
procedures when necessary.
29 CFR 1926.1204(n)—Annual Review
of Written Program
Paragraph (n) requires each entry
employer to review the permit space
program at least every year and make
revisions to the procedures as necessary.
This provision requires an employer to
review cancelled permits within one
year after each entry.
29 CFR 1926.1205—Permitting Process
An employer conducting a permit
space entry must post an entry permit
outside the permit space to document
the employer’s efforts to identify and
control conditions in that permit space.
Section 1205 sets forth the required
process for establishing entry permits
and § 1926.1206 sets forth the required
specific information that must be
identified on the permit.
29 CFR 1926.1205(a)—Preparing an
Entry Permit
Paragraph (a) requires each entry
employer to prepare, prior to entry into
a PRCS, an entry permit containing all
the information specified in
§ 1926.1204(c) (practices and
procedures for ensuring safe entry).
29 CFR 1926.1205(b) and
1926.1210(b)—Signing the Permit
Paragraph (b) requires the entry
supervisor to sign the permit before
entry begins. Similarly, paragraph
1926.1210(b) requires the entry
supervisor to verify that the employer
performed all tests specified by the
entry permit, and that all procedures
and equipment so specified are in place
before he or she may sign the permit
and allow entry. The paragraph also
specifies that the entry supervisor must
verify this information by checking that
the corresponding entries made on the
permit.

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29 CFR 1926.1205(c)—Posting the
Permit
Paragraph (c) requires an employer to
make the completed entry permit
available to all authorized entrants, or
their authorized representatives, at the
time each employee enters the space, by
posting it at the entry portal or by any
other equally effective means, so that
entrants can confirm that pre-entry
preparations have been accomplished.
29 CFR 1926.1205(f)—Retaining the
Permit
Paragraph (f) requires the employer to
retain each entry permit for at least 1
year to facilitate the review of the
permit required by paragraph
1926.1204(n) of the Standard. Any
problems encountered during an entry
operation must be noted on the
pertinent permit so that appropriate
revisions to the permit space program
can be made. Employers should list the
problems encountered during entry
resulting in the cancellation or
suspension of a permit on the entry
permit.
29 CFR 1926.1206—Entry Permit
An employer conducting a permit
space entry must post an entry permit
outside the permit space to document
the employer’s efforts to identify and
control conditions in that permit space
(see § 1926.1205(c)).
29 CFR 1926.1206 (a)–(p) and 29 CFR
1926.1209(c)—Contents of the Permit
Paragraphs 1926.1206(a)–(p) and
1926.1209(c) set forth the information
which must be identified on the permit.
Paragraph (a) requires the employer to
identify the permit space workers are
planning to enter. Paragraph (b) requires
the employer to record the purpose of
the entry. This information must be
sufficiently specific, such as identifying
specific tasks or jobs that employees are
to perform within the space, to confirm
that the employer considered
performance of each specific
construction activity in the hazard
assessment of the PRCS. Paragraph (c)
requires the employer to record the date
and authorized duration of the planned
entry. Paragraph (d) and paragraph
1209(c) require the employer to record
the identity of the authorized entrants
so that the attendant is capable of safely
overseeing the entry operations.
Employers can meet this requirement by
referring in the entry permit to a system
such as a roster or tracking system used
to keep track of who is currently in the
PRCS. Under paragraph (e), when a
permit program requires ventilation,
OSHA requires employers to ensure that
they have a monitoring system in place

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that will alert employees of increased
atmospheric hazards in the event the
ventilation system stops working. (See
§ 1926.1204(c)(5).) This provision
requires the employer to record the
means of detecting an increase in
atmospheric-hazard levels if the
ventilation system stops working.
Paragraph (f) requires the employer to
record the names of each attendant
required to be stationed outside each
permit space for the duration of entry
operations. Paragraph (g) requires the
employer to record the name of each
employee currently serving as entry
supervisor. Paragraph (h) requires the
employer to record the hazards
associated with the planned confined
space entry operations. This list must
include all hazards, regardless of
whether the employer protects the
authorized entrants from the hazards by
isolation, control, or PPE. Paragraph (i)
requires the employer to record the
measures used to isolate or control the
hazards prior to entry. Paragraph (j)
requires the employer to specify the
acceptable entry conditions. Paragraph
(j) also requires employers, when
applicable, to provide the ventilation
malfunction determinations made in
paragraph (c)(5) of § 1926.1204.
Paragraph (k) requires the employer to
record the dates, times, and results of
the tests and monitoring performed
prior to entry, and the names or initials
of the individual/s who performed each
test. Employers also must include the
initial entry monitoring results on the
entry permit; these results serve as a
baseline for subsequent measurements.
Paragraph (l) requires the employer to
identify the rescue and emergency
services required by the Standard, and
the means by which these services will
be summoned when needed. In some
cases, an employer must include
pertinent information, such as
communication equipment and
emergency telephone numbers, on the
permit to sufficiently identify the means
by which the rescue services will be
summoned. Paragraph (m) requires the
employer to record all the methods of
communication used by authorized
entrants and attendants during entry
operations. Paragraph (o) requires the
employer to record any additional
information needed to ensure safe
confined space entry operations.
Paragraph (p) requires the employer to
record information about any other
permits, such as for hot work, issued for
work inside the confined space. If the
employer identifies additional permits,
these additional permits may be, but are
not required to be, attached to the entry
permit.

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29 CFR 1926.1207(d)—Training Records
Under paragraph (d), employers must
maintain training records. In addition,
the employer record must contain the
names of each employee trained, the
trainer’s name, and the dates of training,
and the employer must make these
records available for inspection by
employees and their authorized
representatives for the period of time
that the employee is employed by the
employer. This documentation can take
any form that reasonably demonstrates
the employee’s completion of the
training.
29 CFR 1926.1208—Duties of
Authorized Entrants
29 CFR 1926.1208(c)) and 29 CFR
1926.1208(d)—Communicate With
Attendant
Paragraph (c) requires an employer to
ensure that an authorized entrant
communicates effectively with the
attendant to facilitate the assessment of
entrant status and timely evacuation as
required by § 1209(f).
Paragraph (d) requires an employer to
ensure that an authorized entrant alerts
the attendant whenever one of the
following circumstances in paragraphs
1926.1208(d)(1)–(2) arises: (1) There is a
warning sign or symptom of exposure to
a dangerous situation; or (2) the entrant
recognizes a prohibited condition. In
some instances, a properly trained
authorized entrant may be able to
recognize and report his/her own
symptoms, such as headache, dizziness,
or slurred speech, and take the required
action. In other cases, the authorized
entrant, once the effects begin, may be
unable to recognize or report them. In
these latter cases, this provision requires
that other, unimpaired, authorized
entrants in the PRCS, who employers
must properly train to recognize signs,
symptoms, and other hazard exposure
effects in other authorized entrants,
report these effects to the attendant.
29 CFR 1926.1209—Duties of
Attendants
29 CFR 1926.1209(e)—Communicate
With Authorized Entrants
Paragraph (e) requires the attendant to
communicate with authorized entrants
as necessary to assess and keep track of
the entrants’ status and to notify
entrants if evacuation under paragraph
1926.1209(f) of the Standard is
necessary. Use of the word ‘‘assess’’
connotes an interactive duty in which
the attendant may ask questions of the
entrant, or ask the entrant to perform a
task so that the attendant can evaluate
the entrant’s status.

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29 CFR 1926.1209(f)—Order Evacuation
Paragraph 1926.1209(f) requires the
attendant to assess the activities and
conditions inside and outside the space
to determine if it is safe for entrants to
stay in the space. OSHA requires the
attendant to evacuate the permit space
under any of the four ‘‘conditions’’
listed in paragraphs 1926.1209(f)(1)
through (f)(4): (1) The attendant notices
a prohibited condition, (2) the attendant
identifies the behavioral effects of
hazard exposure in an authorized
entrant, (3) there is a condition outside
the space that could endanger the
authorized entrants, or (4) the attendant
cannot effectively and safely perform
the duties required under § 1926.1209. If
the attendant notices a condition or
activity outside the space not addressed
by the entry coordination procedures,
then the attendant or entry supervisor
could, directly or through the
controlling contractor, seek to correct
the condition or stop the activity (such
as described in the above example). If
the attendant cannot address the
situation immediately, then the
attendant must order the entrants to
evacuate the permit space until the
employer resolves the problem.
29 CFR 1926.1209(g)—Summon Rescue
Services
Paragraph (g) requires the attendant to
call upon rescue and other emergency
services as soon as he or she decides
that authorized entrants may need
assistance to escape from permit space
hazards.
29 CFR 1926.1209(h)—Entry Employer
Duties
Paragraph (h) requires the attendant to
take the actions specified in
§ 1926.1209(h)(1) through (h)(3) to
prevent unauthorized persons from
entering a permit space while entry is
taking place.
29 CFR 1926.1209(h)(1)—Warn NonAuthorized Entrants to Stay Away
If someone other than an authorized
entrant happens to approach the PRCS,
paragraph (h)(1) specifies that the
attendant must make that individual
aware that he/she must stay away from
the PRCS. Some construction sites may
be accessible to the public, so the
attendant also would be responsible for
warning members of the public who
may attempt to enter a permit space at
the site.
29 CFR 1926.1209(h)(2)—Advise NonAuthorized Entrants to Exit the PRCS
Immediately
Paragraph (h)(2) requires the
attendant, should an unauthorized

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person enter the PRCS, to advise him/
her to exit the space immediately.
29 CFR 1926.1209(h)(3)—Notify the
Entry Supervisor of Unauthorized
Persons in the PRCS
Paragraph (h)(3) requires the
attendant to notify the entry supervisor,
along with the authorized entrants, of
unauthorized persons who have entered
the PRCS.
29 CFR 1926.1210—Duties of Entry
Supervisors
Paragraph (b) is described above in
the discussion of paragraph
1926.1205(a). Paragraph (d) is described
below in the discussion of paragraph (c).
29 CFR 1926.1211—Rescue and
Emergency Services

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29 CFR 1926.1211(a)(1) and (a)(2)—
Assess Prospective Rescue Service’s
Response Abilities
Paragraph (a)(1) requires an employer
to assess a prospective rescue service’s
ability to respond to a rescue summons
in a timely manner. Paragraph (a)(2)
requires an employer to assess a
prospective rescue service’s ability to
provide adequate and effective rescue
services. In evaluating a prospective
rescue provider’s abilities, the employer
also must consider the willingness of
the service to become familiar with the
particular hazards and circumstances
faced during the permit space entries.
Paragraphs (a)(4) and (a)(5) of
§ 1926.1211 require the employer to
provide the designated rescuers with
information about the confined spaces
and access to those spaces to allow the
rescuers to develop appropriate rescue
plans and to perform rescue drills.
29 CFR 1926.1211(a)(4)—Communicate
With Rescue Services
Paragraph (a)(4) requires an employer
to inform the designated rescue service
of the known hazards associated with
the permit space in the event that a
rescue becomes necessary. To meet the
requirements of this provision, the
employer would have to inform the
rescue service prior to issuing a permit
that the employer selected the service to
rescue the employees in the event of an
emergency, and that the employer is
relying on the rescue services to perform
these rescues when necessary.
Compliance with this paragraph, as well
as with paragraphs (a)(1) and (a)(2) of
this section, often requires the employer
to provide this information to the rescue
service immediately prior to each
permit space entry. Similarly, if an entry
involves hazards not usually
encountered by the rescue service, or
hazards or a configuration that would

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require the rescue service to use
equipment that it does not always have
available, then the employer would
have to notify the rescue service of these
hazards and conditions prior to
beginning the entry operation.
29 CFR 1926.1211(a)(5)—Develop a
Rescue Service Plan
Paragraph (a)(5) requires an employer
to provide the designated rescue team or
service with access to all permit spaces
from which the rescue may need to
perform a rescue so that the rescue team
or service, whether in-house or third
party, can develop appropriate rescue
plans.
29 CFR 1926.1210(d) and 29 CFR
1926.1211(c)—Confirm Rescue Service
Availability
If an entry employer determines that
it will use non-entry rescue, it must
confirm, prior to entry, that emergency
assistance will be available in the event
that non-entry rescue fails. Likewise,
paragraph (d) requires the entry
supervisor to verify that rescue services
are available, and that the means for
obtaining such services are operable.
29 CFR 1926.1211(d)—Provide Safety
Data Sheet (SDS) to Treating Medical
Facilities
Paragraph (d) requires an employer to
provide relevant information about a
hazardous substance to a medical
facility treating an entrant exposed to
the hazardous substance if the substance
is one for which the employer must
keep a SDS or other similar information
at the worksite.
29 CFR 1926.1212—Employee
Participation
29 CFR 1926.1212(a)—Consult With
Employees/Authorized Representatives
on Development and Implementation of
a Written Program
Paragraph (a) requires employers to
consult with affected employees and
their authorized representatives in the
development and implementation of the
written permit space program required
by § 1926.1203.
29 CFR 1926.1212(b)—Employee Access
Paragraph (b) requires that affected
employees and their authorized
representatives have access to all
information developed under this
standard. Other sections of this standard
already specifically require that
employers make information available
to employees and their representatives.
These provisions include
§§ 1926.1203(d) (written program);
1926.1203(e)(1)(v) and (e)(2)(ix)
(alternate procedure certification);

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11801

1926.1203(g) (reclassification
certification); 1926.1204(e)(6)
(monitoring and testing results);
1926.1205(c) (completed permit); and
1926.1207(d) (training records).
29 CFR 1926.1213—Disclosure
Paragraph 1926.1213 requires an
employer, who must retain
documentation under the Standard, to
make this information available to the
Secretary of Labor, or a designee, upon
request. The request from the Secretary
or the Secretary’s designee (for example,
OSHA) may be either oral or written.
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
The agency requests approval for an
adjustment increase of 47,047.02 burden
hours (from 660,103 to 707,150.02) to
adjust for an increase in the estimated
number of affected employers. For the
same reason, the agency also requests
approval for an increase of $82,670.19
in capital costs (from $1,017,859 to
$1,100,529.19) for signs, tags, and gas
monitors.
Type of Review: Extension of a
currently approved collection.
Title: Confined Spaces in
Construction (29 CFR part 1926 subpart
AA).
OMB Control Number: 1218–0258.
Affected Public: Business or other forprofits.
Number of Respondents: 32,510.
Frequency: Initially; Annually; On
occasion.
Average Time per Response: Varies.
Estimated Number of Responses:
4,426,655.
Estimated Total Burden Hours:
707,150.02.
Estimated Cost (Operation and
Maintenance): $1,100,529.19.

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Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Notices

IV. Public Participation—Submission of
Comments on This Notice and Internet
Access to Comments and Submissions

Reduction Act of 1995 (44 U.S.C. 3506
et seq.) and Secretary of Labor’s Order
No. 1–2012 (77 FR 3912).

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.
Please note: While OSHA’s Docket
Office is continuing to accept and
process submissions by regular mail,
due to the COVID–19 pandemic, the
Docket Office is closed to the public and
not able to receive submissions to the
docket by hand, express mail,
messenger, and courier service. All
comments, attachments, and other
material must identify the agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2017–0014).
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.
Due to security procedures, the use of
regular mail may cause a significant
delay in the receipt of comments.
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 at
(202) 693–2350, (TTY (877) 889–5627)
for information about materials not
available through the website, and for
assistance in using the internet to locate
docket submissions.

Signed at Washington, DC, on February 19,
2021.
Amanda L. Edens,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.

2021 Council Meetings; and any
unfinished business before
adjournment.
Agenda: The times provided below
are approximations for when each
agenda item is anticipated to be
discussed (all times Eastern Standard
Time):

[FR Doc. 2021–04044 Filed 2–25–21; 8:45 am]

Thursday, March 11, 2021

BILLING CODE 4510–26–P

1:00–1:10 p.m. Welcome and Call to
Order
1:10–1:30 p.m. Chairman’s Report
1:30–2:00 p.m. Open Items from
November 2020 Council Meeting
2:00–2:15 p.m. Executive Director’s
Report
2:15–2:45 p.m. Executive Committee
Report
2:45–3:15 p.m. Policy Project Updates,
Remainder FY21
3:15–3:45 p.m. Follow-up Projects on
Former Policy Reports
3:45–4:00 p.m. Schedule of 2021
Council Meetings, Unfinished
Business
4:00 p.m. Adjourn
Public Comment: There is no inperson public comment session during
this council meeting, however the
Council is soliciting public comment by
email, providing an opportunity to hear
from you—individuals, businesses,
providers, educators, parents and
advocates. Your comments are
important in bringing attention to the
issues in your community. Of specific
interest is your feedback to the Vision
and Priority Statement released by NCD
Chairman Andre´s Gallegos, available at:
https://ncd.gov/newsroom/2021/visionand-priority-statement-ncd-chairmangallegos, and any general topics you
would like to share with the Council. To
provide comments, please send an email
to [email protected] with the
subject line ‘‘Public Comment’’ and
your name, organization, state, and
topic of comment included in the body
of your email.
CONTACT PERSON FOR MORE INFORMATION:
Nicholas Sabula, NCD, 1331 F Street
NW, Suite 850, Washington, DC 20004;
202–272–2004 (V), or [email protected].
Accommodations: An ASL interpreter
will be available on video during the
meeting, and a CART streamtext link
has been arranged for this meeting. The
web link to access CART (in English) is:
https://www.streamtext.net/player?
event=NCD-QUARTERLY. If you require
additional accommodations, please
notify Anthony Simpson by sending an
email to [email protected] as soon
as possible and no later than 24 hours
prior to the meeting.
Due to last-minute confirmations or
cancellations, NCD may substitute

V. Authority and Signature
Amanda L. Edens, Deputy 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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NATIONAL COUNCIL ON DISABILITY
Sunshine Act Meetings
The Members of the
National Council on Disability (NCD)
will hold a quarterly business meeting
on Thursday, March 11, 2021, 1:00
p.m.–4:00 p.m., Eastern Standard Time
(EST).
PLACE: This meeting will occur via
Zoom videoconference. Registration is
not required. Interested parties are
encouraged to join the meeting in an
attendee status by Zoom Desktop Client,
Mobile App, or Telephone to dial-in.
Updated information is available on
NCD’s event page at https://ncd.gov/
events/2021/upcoming-council-meeting.
To join the Zoom webinar, Please use
the following URL: https://zoom.us/j/
91726349831?pwd=dTNxNHFoWUd
YRVRGaER1SG53Qm01dz09 or enter
Webinar ID: 917 2634 9831 in the Zoom
app. The Passcode is: 271768.
To join the Council Meeting by
telephone, dial one of the preferred
numbers listed. The following numbers
are (for higher quality, dial a number
based on your current location): (312)
626–6799; (646) 876–9923; (301) 715–
8592; (346) 248–7799; (408) 638–0968;
(669) 900–6833; or (253) 215–8782. You
will be prompted to enter the meeting
ID 917–2634–9831 and passcode
271768.
In the event of teleconference
disruption or failure, attendees can
follow the meeting by accessing the
Communication Access Realtime
Translation (CART) link provided.
CART is text-only translation that
occurs real time during the meeting and
is not an exact transcript.
MATTERS TO BE CONSIDERED: Following
welcome remarks and introductions, the
Chairman will provide a report;
followed by a discussion on open items
from the November 2020 Council
Meeting; reports provided by the
Executive Director and representatives
from the Executive Committee; an
update on policy projects for the
remainder of Fiscal Year 2021;
discussion of follow-up projects on
former policy reports; a schedule of
TIME AND DATE:

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