[Federal Register Volume 59, Number 213 (Friday, November 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27413]
[[Page Unknown]]
[Federal Register: November 4, 1994]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
RIN 1218-AA51
Permit-Required Confined Spaces
AGENCY: Occupational Safety and Health Administration (OSHA), U.S.
Department of Labor.
ACTION: Final rule: technical amendment to preamble.
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SUMMARY: On January 14, 1993 at 58 FR 4462, the Occupational Safety and
Health Administration (OSHA) published a final rule on Permit-Required
Confined Spaces, 29 CFR 1910.146 in the Federal Register. On June 29,
1993 at 58 FR 34844, OSHA published a corrections document for that
final rule which contained corrections to the regulatory text and to
several appendices of the final rule. Another document was published on
May 19, 1994 at 59 FR 26114 which added a metric equivalent in
paragraph (k)(3)(ii) and further revised the ``Atmospheric monitoring''
section of Appendix E, ``Sewer System Entry'', of the final rule. This
document revises one paragraph of the preamble discussion of the
definition of confined space in the January 14, 1993 document.
EFFECTIVE DATE: November 4, 1994.
FOR FURTHER INFORMATION CONTACT: Office of Information, Division of
Consumer Affairs, Room N-3647, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210, Telephone: (202) 219-
8151.
SUPPLEMENTARY INFORMATION: OSHA published its final rule on Permit-
Required Confined Spaces (PRCS), 29 CFR 1910.146, on January 14, 1993
at 58 FR 4462. Corrections to the regulatory text and to several
appendices were published on June 29, 1993 at 58 FR 34844. A technical
amendment was published on May 19, 1994 at 59 FR 26114.
Amendment to Preamble of 29 CFR 1910.146
In the Permit-Required Confined Spaces standard, on pages 4477 and
4478 of the January 14, 1993 Federal Register document preamble, OSHA
made the following statement:
As indicated in the preamble to the proposal [54 FR 24089], OSHA
notes that doorways and other portals through which a person can
walk are not to be considered limited means for entry or exit.
This sentence was intended to limit the application of the
definition of confined spaces to those areas where an employee would be
forced to enter or exit in a posture that might slow self-rescue, or
make rescue more difficult. These spaces warrant additional
consideration as to whether they pose a hazard to entrants and would,
therefore, be regulated as permit-required confined spaces (permit
spaces). For example, even if the door or portal of a space is of
sufficient size, obstructions could make entry into or exit from the
space difficult. The Agency intended that spaces which otherwise meet
the definition of confined spaces, and which have obstructed entry or
exits even though the portal is a standard size doorway, be classified
as confined spaces. OSHA acknowledges that the preamble to the final
rule did not clearly express that intent.
Accordingly, OSHA is adding preamble language to follow the above-
mentioned statement. This text will make OSHA's original intent clear,
without changing the PRCS standard.
Exemption From Notice and Comment Procedures
With regard to this action, OSHA has determined that it is not
required to follow procedures for public notice and comment rulemaking
under either section 4 of the Administrative Procedure Act (5 U.S.C.
553) or under section 6(b) of the Occupational Safety and Health Act
(29 U.S.C. 655(b)). This action does not affect the substantive
requirements or coverage of the standards themselves. This technical
amendment does not modify or revoke existing rights or obligations, nor
does it establish new ones. This action simply provides additional
information on the existing regulatory burden. OSHA, therefore, finds
that notice and public procedure are impracticable and unnecessary
within the meaning of 5 U.S.C. 553(b)(3)(B). For the same reasons, OSHA
also finds that, in accordance with 29 CFR 1911.5, good cause exists
for dispensing with the public notice and comment procedures prescribed
in section 6(b) of the Occupational Safety and Health Act.
Exemption From Delayed Effective Date Requirement
Under 5 U.S.C. 553, OSHA finds that is good cause for making this
technical amendment effective upon publication in the Federal Register.
This technical amendment simply provides additional information on the
existing regulatory burden without increasing that burden.
Authority: This document was prepared under the direction of
Joseph A. Dear, Assistant Secretary of Labor for Occupational Safety
and Health, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210.
Signed at Washington, DC, this 1st day of November 1994.
Joseph A. Dear,
Assistant Secretary of Labor.
Accordingly, in the January 14, 1993, Final Rule for Permit-
Required Confined Spaces for General Industry (58 FR 4462), the
preamble section on page 4477, column 3 and page 4478, column 1, is
revised to read as follows:
As indicated in the preamble to the proposal [54 FR 24089], OSHA
notes that doorways and other portals through which a person can walk
are not to be considered limited means for entry or exit. However, a
space containing such a door or portal may still be deemed a confined
space if an entrant's ability to escape in an emergency would be
hindered.
[FR Doc. 94-27413 Filed 11-3-94; 8:45 am]
BILLING CODE 4510-26-M
