96-33223. Safety Standards for Fire Protection for Shipyard Employment

[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Proposed Rules]
[Pages 69058-69059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33223]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1915

[Docket No. S-051]
RIN No. 1218-AB51


Safety Standards for Fire Protection for Shipyard Employment

AGENCY: Occupational Safety and Health Administration (OSHA), U.S. 
Department of Labor.

ACTION: Notice of public meeting.

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SUMMARY: The Occupational Safety and Health Administration is 
announcing the second public meeting of the Fire Protection for 
Shipyard Employment Negotiated Rulemaking Advisory Committee.

DATES: The public meeting will be held on February 4 through February 
6, 1997. The sessions will run from 9:00 a.m. to approximately 4:00 
p.m. each day.
    Membership for this Committee has been drawn from shipyard 
operators, labor, professional associations, public interests and 
government agencies. Members of the Committee represent the interests 
of all groups interested in, or significantly affected by, the outcome 
of the rulemaking.

ADDRESSES: The public meeting will be in Jacksonville, Florida, at the 
Holiday Inn, 1617 North First Street, Jacksonville, Florida 32250; 
telephone numbers [phone] and [phone].
    Any written comments in response to this notice should be sent, in 
quadruplicate, to the following address: Docket Office, Docket S-051, 
Room N-2625, 200 Constitution Ave., N.W., Washington, D.C. 20210; 
Telephone [phone].

FOR FURTHER INFORMATION CONTACT:
OSHA, U.S. Department of Labor, Office of Information and Consumer 
Affairs, Room N-3647, 200 Constitution Avenue, N.W., Washington, D.C. 
20210; Telephone: [phone].

SUPPLEMENTARY INFORMATION: 

I. Background

    Fire protection in shipyard employment has been regulated by OSHA'S 
general industry standards for fire protection, 29 CFR 1910.155 through 
1910.165, Subpart L. In enforcement activities, OSHA has also used 
Section (5)(a)(1) of the Occupational Safety Health Act (``the Act''), 
the General Duty Clause, which requires each employer to,

furnish to each of his employees employment and a place of 
employment which are free from recognized hazards causing or likely 
to cause death or serious physical harm.

    The general industry standards, which address fire brigades, 
portable fire extinguishers, standpipe and hose systems, automatic 
sprinkler systems, fixed extinguishing systems, fire detection systems, 
and employee alarm systems, cover primarily landside shipyard 
operations. Fire hazards on board vessels are not covered by the 
general industry standards. Moreover, the general industry standards 
are in need of review and revision and do not completely address 
hazards that are unique to shipyard employment. The Agency believes a 
standard promulgated under Sec. 6(b) of the Act will more effectively 
reduce the risks of fire in the shipyard and on board vessels.
    OSHA is using the negotiated rulemaking (Neg/Reg) process to 
develop a proposed standard for fire protection covering all shipyard 
employment. The shipyard stakeholders from all sectors strongly support 
consensual rulemaking efforts like negotiated rulemaking. OSHA believes 
this process will result in a proposed standard whose provisions will 
effectively protect employees working throughout the shipyard. (See 
OSHA's Notice of Intent to Form a Negotiated Rulemaking Committee to 
Develop a Proposed Rule on Fire Protection in Shipyard Employment, 61 
FR 28824, June 6, 1996, for a detailed explanation of why OSHA is using 
negotiated rulemaking to develop its proposed standard and for general 
information on the negotiated rulemaking process). The goal of this 
negotiated rulemaking is a proposed rule and supporting documentation 
that is acceptable to all members.
    The first meeting of this Advisory Committee took place in 
Portland, Oregon, October 15-17, 1996. The Members were introduced and 
the negotiated rulemaking process and the legal requirements for OSHA 
rulemaking were explained to them. Following discussion, the Members

[[Page 69059]]

adopted ground rules for the Committee. In addition, the Committee set 
forth substantive issues that needed to be resolved, established work 
groups and began discussing scope and application, fire prevention and 
fire fighting.

II. The Key Issues in this Rulemaking

    The key issues to be addressed as part of these negotiations 
include:
    1. Scope and Application
    Should Subpart P apply to all shipyard employment? How will the 
standard affect out-of-yard/plant firefighters such as those employed 
by a municipal fire department?
    2. Controls and Work Practices
    What controls and work practices will provide adequate protection 
for employees? Should OSHA require hot work permits? Should OSHA 
require training for all fire fighters? Should OSHA incorporate U.S. 
Coast Guard regulations in this standard? Is there any difference in 
controls and work practices on landside vs. onboard vessels and vessel 
sections? Should OSHA require the employer to secure (deactivate) all 
fire fighting systems onboard vessels when they arrive in the yard?
    3. Fire Brigades
    Should OSHA require each shipyard to have an in-yard/plant fire 
brigade?
    4. Written Fire Plans
    Should OSHA require written fire plans for landside and onboard 
vessels? If so, what provisions need to be included in the plans? 
Should OSHA include a requirement for de-watering (removal of 
firefighting water from the vessel) of vessels when fighting a fire on 
board a vessel?
    5. Technological Advances
    What advances in fire technology have occurred since OSHA's general 
industry standards were promulgated? Which of these advances should be 
incorporated into the shipyard standard?
    6. Costs of Fire Protection
    What costs would be incurred by shipyards in meeting the various 
provisions of a new standard? Calculations should include costs of 
acquiring new equipment, instituting new engineering controls and work 
practices, and costs of training employees. Are there cost savings or 
other benefits that could be expected with the promulgation of 
identical rules for all of shipyard employment? If so, what would be 
the magnitude of savings?
    7. Appendices
    Should OSHA include technical information in an appendix or 
appendices? If so, should it (they) be mandatory?

III. The Agenda for the February 4-6, 1996, Meeting

1. The meeting will be opened and the roll taken.
2. The minutes from the first meeting which was held October 15-17, 
1996, in Portland, Oregon will be presented for acceptance by the 
Committee.
3. The tentative agenda for this meeting will be reviewed and changes 
made, if necessary.
4. The Fire Watches work group will present its draft regulatory text 
and preamble.
5. Each work group chairperson will report on his or her work group's 
progress.
6. The draft Scope and Application section will be presented for the 
Committee's review.
7. Breakout sessions will occur as needed throughout the meeting.
8. The Committee will establish the time and date for the next meeting.

    The Advisory Committee's facilitator, relying on the information 
presented to him by OSHA as well as the considerable input from the 
various interests during convening efforts, will identify and present 
other substantive issues to be resolved by this Committee, as time 
permits. OSHA requests that all interested parties bring their 
calendars to facilitate the development of a tentative schedule of 
committee meetings, site visits and workgroup meetings.

IV. Public Participation

    All interested parties are invited to attend this public meeting at 
the time and place indicated above. No advanced registration is 
required. Seating will be available to the public on a first-come, 
first-served basis. Individuals with disabilities wishing to attend 
should contact Ms. Theda Kenney at [phone] to obtain appropriate 
accommodations no later than January 17, 1997.
    In addition, members of the general public may request an 
opportunity to make oral presentations to the Committee. The 
facilitator of the Committee will decide to what extent oral 
presentations by members of the public may be permitted at the meeting. 
Oral presentations may include statements of fact and opinions, but 
shall not include any questioning of the Committee Members or other 
participants unless these questions have been specifically approved by 
the facilitator.
    Part 1912 of Title 29 of the Code of Federal Regulations will apply 
generally. The reporting requirements of Sec. 1912.33 have been changed 
pursuant to Sec. 1912.42 to help meet the special needs of this 
Committee. Specifically, Sec. 1912.33 requires that verbatim 
transcripts be kept of all advisory committee meetings. Producing a 
coherent transcript requires a certain degree of formality. The 
Assistant Secretary has determined pursuant to Sec. 1912.42 that such 
formality might interfere with the free exchange of information and 
ideas during the negotiations, and that the OSH Act would be better 
served by simply requiring detailed minutes of the proceedings without 
a formal transcript.
    Minutes of the previous meeting and materials prepared for the 
Committee will be available for public inspection at the OSHA Docket 
Office, N-2625, 200 Constitution Ave., NW., Washington, D.C. 20210; 
Telephone [phone].
    Any written comments should be directed to Docket No. S-051, and 
sent in quadruplicate to the following address: OSHA Docket Office, 
U.S. Department of Labor, Room N-2625, 200 Constitution Ave., NW., 
Washington, DC 20210; Telephone [phone].

V. 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, pursuant to section 3 of the Negotiated Rulemaking Act of 1990, 
104 Stat. 4969, Title 5 U.S.C. 561 et seq.; and Section 7(b) of the 
Occupational Safety and Health Act of 1970, 84 Stat. 1597, Title 29 
U.S.C. 656.

    Signed at Washington, D.C., this 24th day of December, 1996.
Joseph A. Dear,
Assistant Secretary of Labor.
[FR Doc. 96-33223 Filed 12-30-96; 8:45 am]
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