[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28267]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0008]
Standard on Commercial Diving Operations; Extension of the Office
of Management and Budget's (OMB) Approval of Information Collection
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comments.
SUMMARY: OSHA solicits public comments concerning its proposal to
extend OMB approval of the information collection requirements
specified in the Commercial Diving Operations Standard (29 CFR part
1910, subpart T).
DATES: Comments must be submitted (postmarked, sent, or received) by
January 3, 2012.
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
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit your comments and attachments
to the OSHA Docket Office, Docket No. OSHA-2011-0008, 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 (OSHA-2011-0008) 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 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 also may 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-
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 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 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).
As required by the Paperwork Reduction Act of 1995 (the PRA-95) (44
U.S.C. 3506(c)(2)(A)), OSHA published a notice in the Federal Register
on March 16, 2011 (76 FR 14432, Docket No. OSHA-2011-0008) requesting
public comment on its proposed extension of the information collection
requirements referenced in the existing Standard on Commercial Diving
Operations (29 CFR part 1910, Subpart T, "the Standard"). The notice
was part of a preclearance consultation program intended to provide
those interested parties the opportunity to comment on OSHA's request
for an extension by OMB of a previous approval of the information
collection requirements in the Standard.
The Agency received nine comments in response to its notice.
However, as a result of the Standards Improvement Project--Phase
III (SIP-III) final rule published on June 8, 2011 (76 FR 33590), the
provision that required employers to "transfer records" to NIOSH when
they ceased to do business (formerly 29 CFR 1910.440(b)(5)) was
revoked. In accordance with the PRA-95, prior to issuance of the final
rule, on May 27, 2011, OSHA submitted a revised Information Collection
Request (ICR) to OMB requesting approval to remove this requirement and
the associated burden hours and costs. On August 11, 2011, OMB issued a
Notice of Action (NOA) indicating approval of the request.
In addition, the NOA instructed the Department of Labor to publish
a second notice in the Federal Register to solicit comments on its
proposal to extend OMB's approval of the information collection
requirements. In response, this notice fulfills the NOA instructions.
The Agency will respond to any comments submitted in response to this
notice and submit the final ICR to OMB.
The Standard applies to diving and related support operations
conducted by employers involved in general industry, construction, ship
repairing, shipbuilding, shipbreaking, and longshoring, and specifies
equipment and procedures that prevent injury and death among workers
exposed to hazards associated with diving and diving support
The Standard contains a number of paperwork requirements. Following
is a list of provisions containing these requirements.
Section 1910.401(b), Sections 1910.410(a)(3) and (a)(4), Section
1910.420(a), Section 1910.421(b), Section 1910.421(f), Section
1910.421(h), Section 1910.422(e), Sections 1910.423(b)(1)(ii) through
(b)(2), Section 1910.423(d), Section 1910.423(e), Sections 1910.430(a),
(b)(4), (c)(1)(iii), (c)(3)(i), (f)(3)(ii), and (g)(2), and Sections
1910.440(a)(2) and (b).
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 to
protect workers, 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
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 it retain OMB approval of its current
burden hour estimate of 205,096 hours. The Agency will summarize any
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: Commercial Diving Operations (29 CFR part 1910, subpart T).
OMB Number: 1218-0069.
Affected Public: Business or other for-profits; Not-for-profit
institutions; Federal Government; State, Local or Tribal Governments.
Number of Respondents: 3,000.
Frequency: On occasion; Annually.
Total Responses: 4,002,965.
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: 205,096.
Estimated Cost (Operation and Maintenance): $0.
IV. Public Participation--Submission of Comments on This Notice and
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 this Information Collection Request
(ICR) (Docket No. OSHA-2011-0008). You may supplement electronic
submissions by uploading document files electronically. If you wish to
mail additional materials in reference to an electronic or a fax
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
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 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 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
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 4-2010
(75 FR 55355).
Signed at Washington, DC, on October 27, 2011.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-28267 Filed 10-31-11; 8:45 am]
BILLING CODE 4510-26-P