50652 Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Notices

APPENDIX—Continued [66 TAA petitions instituted between 6/29/15 and 7/24/15]

Subject firm Date of Date of TA–W (petitioners) Location institution petition

90058 ...... ICON Health & Fitness Inc. (Company) ...... Ogden, UT ...... 07/23/15 07/22/15 90059 ...... Radiant Thermal Prods Inc. (Workers) ...... Roselle, NJ ...... 07/23/15 07/21/15 90060 ...... Lenovo (State/One-Stop) ...... Morrisville, NC ...... 07/24/15 07/24/15

[FR Doc. 2015–20539 Filed 8–19–15; 8:45 am] I. Notice of Application recently developed equipment and BILLING CODE 4510–FN–P On April 3, 2014, Impregilo Healy procedures for soft-ground tunneling. Parsons Joint Venture, (‘‘IHP JV’’ or ‘‘the The applicant’s workers engage in the applicant’’), 2600 Independence Avenue construction of subaqueous tunnels DEPARTMENT OF LABOR SE., Washington, DC 20003, submitted below the water table through soft soils an application for a permanent variance consisting of clay, silt, and sand using Occupational Safety and Health advanced shielded mechanical Administration and interim order under Section 6(d) of the Occupational Safety and Health Act excavation techniques in conjunction [Docket No. OSHA–2014–0011] of 1970 (‘‘OSH Act’’; 29 U.S.C. 655) and with an Earth Balanced Tunnel 29 CFR 1905.11 (‘‘Variances and other Boring Machine (EPBTBM). Impregilo Healy Parsons Joint Venture; relief under section 6(d)’’) from several IHP JV employs specially trained Grant of a Permanent Variance provisions of the OSHA standard that personnel for the construction of the tunnel, and states that this construction AGENCY: Occupational Safety and Health regulates work in compressed air at 29 Administration (OSHA), Labor. CFR 1926.803. IHP JV also requested an project uses shielded mechanical- excavation techniques. IHP JV asserts ACTION: Notice. interim order pending OSHA’s decision on the application for a variance that its workers perform hyperbaric SUMMARY: In this notice, OSHA grants a (Exhibit OSHA–2014–0011–0001, interventions at greater than permanent variance to Impregilo Healy Request for Variance). Specifically, the 50 p.s.i.g. in the excavation chamber of Parsons Joint Venture from the applicant seeks a variance from the the EPBTBM. The hyperbaric provisions of OSHA standards that provisions of the standard that: (1) interventions consist of conducting regulate work in compressed-air Prohibit compressed-air worker inspections and maintenance work on environments at 29 CFR 1926.803. exposure to pressures exceeding 50 the cutter-head structure and cutting DATES: The permanent variance pounds per square inch (p.s.i.) except in tools of the EPBTBM. specified by this notice becomes an emergency (29 CFR 1926.803(e)(5)); 1 OSHA considered IHP JV’s effective on August 20, 2015, and shall (2) require the use of the application for a permanent variance remain in effect until the completion of values specified in decompression and interim order. On February 11, the Anacostia River Tunnel Project, but tables in Appendix A of the 2015, OSHA published a preliminary no later than December 31, 2016. compressed-air standard for Federal Register notice announcing IHP JV’s application for a permanent FOR FURTHER INFORMATION CONTACT: construction (29 CFR 1926.803(f)(1)); Information regarding this notice is and (3) require the use of automated variance and interim order, grant of an available from the following sources: operational controls and a special interim order, and request for comments Press inquiries: Contact Mr. Frank decompression chamber (29 CFR (80 FR 7636) for the Anacostia River Meilinger, Director, OSHA Office of 1926.803(g)(1)(iii) and .803(g)(1)(xvii), Tunnel project. respectively). Communications, U.S. Department of II. The Variance Application Labor, 200 Constitution Avenue NW., According to its application, IHP JV is Room N–3647, Washington, DC 20210; currently the general contractor for the A. Background District of Columbia Water and Sewer telephone: (202) 693–1999; email: IHP JV asserts that innovations in Authority’s (‘‘DC Water’’) project to [email protected]. tunnel excavation, specifically with construct the Anacostia River Tunnel. General and technical information: EPBTBMs, have, in most cases, The Anacostia River Tunnel project Contact Mr. Kevin Robinson, Director, eliminated the need to pressurize the design requires the ability to safely Office of Technical Programs and entire tunnel. These advances in perform hyperbaric interventions in Coordination Activities, Directorate of technology modified substantially the compressed air at pressures higher than Technical Support and Emergency methods used by the construction allowed in the existing OSHA standard Management, Occupational Safety and industry to excavate subaqueous tunnels 29 CFR 1926.803(e)(5) which states: ‘‘No Health Administration, U.S. Department compared to the caisson work regulated employee shall be subjected to pressure of Labor, 200 Constitution Avenue NW., by the OSHA compressed-air exceeding 50 p.s.i.g. except in Room N–3655, Washington, DC 20210; standard for construction at 29 CFR emergency’’ (see footnote 1). phone: (202) 693–2110 or email: 1926.803. Such advances reduce the The applicant is a contractor that [email protected]. number of workers exposed, and the works on complex tunnel projects using SUPPLEMENTARY INFORMATION: Copies of total duration of exposure, to hyperbaric this Federal Register notice. Electronic 1 The decompression tables in Appendix A of pressure during tunnel construction. copies of this Federal Register notice subpart S express the maximum working pressures Using shielded mechanical- are available at http:// as pounds per square inch gauge (p.s.i.g.), with a excavation techniques, in conjunction www.regulations.gov. This Federal maximum working pressure of 50 p.s.i.g. Therefore, with precast concrete tunnel liners and throughout this notice, OSHA expresses the 50 p.s.i. Register notice and other relevant value specified by § 1926.803(e)(5) as 50 p.s.i.g., backfill grout, EPBTBMs provide information are also available at OSHA’s consistent with the terminology in Appendix A, methods to achieve the face pressures Web page at http://www.osha.gov. Table 1 of subpart S. required to maintain a stabilized tunnel

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face through various geologies, and informed its workers and their certain hyperbaric pressures (i.e., when isolate that pressure to the forward representatives of their rights to petition decompression times are greater than section (the working chamber) of the the Assistant Secretary of Labor for work times), the twin man locks allow EPBTBM. Interventions in the working Occupational Safety and Health for a for crew rotation. During crew rotation, chamber take place only after halting hearing on the variance application. one crew can be compressing or tunnel excavation and preparing the decompressing while the second crew is B. Variance From Paragraph (e)(5) of 29 machine and crew for an intervention. working. Therefore, the working crew CFR 1926.803, Prohibition of Exposure Interventions occur to inspect or always has an unoccupied man lock at to Pressure Greater Than 50 p.s.i.g. (See maintain the mechanical-excavation its disposal. Footnote 1) components located in the working The applicant developed a project- chamber. Maintenance conducted in the The applicant states that it may specific HOM for the Anacostia River working chamber includes changing perform hyperbaric interventions at Tunnel project (Exhibit OSHA–2014– replaceable cutting tools and disposable pressures greater than 50 p.s.i.g. in the 0011–0003, IHP JV Project-Specific wear bars, and, in rare cases, repairing working chamber of the EPBTBM; this HOM) that describes in detail the structural damage to the cutter head. pressure exceeds the pressure limit of hyperbaric procedures and required In addition to innovations in tunnel- 50 p.s.i.g. specified for nonemergency medical examinations used during the excavation methods, research conducted purposes by 29 CFR 1926.803(e)(5). The tunnel-construction project. The HOM after OSHA published its compressed- EPBTBM has twin man locks, with each is project-specific, and discusses air standard for construction in 1971, man lock having two compartments. standard operating procedures and resulted in advances in hyperbaric This configuration allows workers to emergency and contingency procedures. medicine. In this regard, the applicant access the man locks for compression The procedures include using asserts that the use of decompression and decompression, and medical experienced and knowledgeable man- protocols incorporating is more personnel to access the man locks if lock attendants who have the training efficient, effective, and safer for tunnel required in an emergency. and experience necessary to recognize workers than compliance with the EPBTBMs are capable of maintaining and treat decompression illnesses and existing OSHA standard (29 CFR 1926, pressure at the tunnel face, and injuries. The attendants are under the subpart S, Appendix A decompression stabilizing existing geological direct supervision of the hyperbaric tables). According to the applicant, conditions, through the controlled use supervisor and attending physician. In contractors routinely and safely expose of propel cylinders, a mechanically addition, procedures include medical employees performing interventions in driven cutter head, bulkheads within screening and review of prospective the working chamber of EPBTBMs to the shield, ground-treatment foam, and compressed-air workers (CAWs). The hyperbaric pressures up to 75 p.s.i.g., a screw conveyor that moves excavated purpose of this screening procedure is which is 50% higher than maximum material from the working chamber. As to vet prospective CAWs with medical pressure specified by the existing OSHA noted earlier, the forward-most portion conditions (e.g., deep vein thrombosis, standard (see 29 CFR 1926.803(e)(5)). of the EPBTBM is the working chamber, poor vascular circulation, and muscle The applicant asserts that these and this chamber is the only pressurized cramping) that could be aggravated by hyperbaric exposures are possible segment of the EPBTBM. Within the sitting in a cramped space (e.g., a man because of advances in hyperbaric shield, the working chamber consists of lock) for extended periods or by technology, a better understanding of two sections: The staging chamber and exposure to elevated pressures and , and the the forward working chamber. The compressed gas mixtures. A development of a project-specific HOM staging chamber is the section of the transportable recompression chamber (Hyperbaric ) that working chamber between the man-lock (shuttle) is available to extract workers requires specialized medical support door and the entry door to the forward from the hyperbaric working chamber and hyperbaric supervision to provide working chamber. The forward working for and medical assistance to a team of specially trained chamber is immediately behind the treatment; the shuttle attaches to the man-lock attendants and hyperbaric cutter head and tunnel face. topside medical lock, which is a large workers. The applicant will pressurize the recompression chamber. The applicant The applicant contends that the working chamber to the level required believes that the procedures included in alternative safety measures included in to maintain a stable tunnel face. the HOM provide safe work conditions its application provide its workers with Pressure in the staging chamber ranges when interventions are necessary, a place of employment that is at least as from atmospheric (no increased including interventions above 50 p.s.i.g. safe and healthful as they would obtain pressure), to a maximum pressure equal C. Variance From Paragraph (f)(1) of 29 under the existing provisions of OSHA’s to the pressure in the working chamber. The applicant asserts that most of the CFR 1926.803, Requirement To Use compressed-air standard for OSHA Decompression Tables construction. The applicant certifies hyperbaric interventions will be at or that it provided employee near . However, OSHA’s compressed-air standard for representatives of affected workers with the applicant maintains that they may construction requires decompression in a copy of the variance application.2 The have to perform interventions at accordance with the decompression applicant also certifies that it notified its pressures up to 52 p.s.i.g. tables in Appendix A of 29 CFR part workers of the variance application by During interventions, workers enter 1926, subpart S (see 29 CFR posting, at prominent locations where it the working chamber through one of the 1926.803(f)(1)). As an alternative to the normally posts workplace notices, a twin man locks that open into the OSHA decompression tables, the summary of the application and staging chamber. To reach the forward applicant proposes to use newer information specifying where the part of the working chamber, workers decompression schedules that workers can examine a copy of the pass through a door in a bulkhead that supplement air used during application. In addition, the applicant separates the staging chamber from the decompression with pure oxygen. The forward working chamber. The applicant asserts that these 2 See the definition of ‘‘Affected employee or maximum crew size allowed in the decompression protocols are safer for worker’’ in section VI. D. forward working chamber is three. At tunnel workers than the decompression

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protocols specified in Appendix A of 29 increases the amount of nitrogen gas 1. A hyperbaric supervisor (a CFR part 1926, subpart S. Accordingly, dissolved in a CAW’s tissues. The competent person experienced and the applicant proposes to use the 1992 greater the hyperbaric pressure under trained in hyperbaric operations, French Decompression Tables to these conditions, and the more time procedures, and safety) directly decompress CAWs after they exit the spent under the increased pressure, the supervises all hyperbaric interventions hyperbaric conditions in the working greater the amount of nitrogen gas and ensures that the man-lock chamber. dissolved in the tissues. When the attendant, who is a competent person in Depending on the maximum working pressure decreases during the manual control of hyperbaric pressure and exposure times, the 1992 decompression, tissues release the systems, follows the schedule specified French Decompression Tables provide dissolved nitrogen gas into the blood in the decompression tables, including for air decompression with or without system, which then carries the nitrogen stops; and oxygen. IHP JV asserts that oxygen gas to the lungs for elimination through 2. The use of the 1992 French decompression has many benefits, exhalation. Releasing hyperbaric Decompression Tables for staged including (1) keeping the too rapidly during decompression offers an equal or better pressure of nitrogen in the lungs as low decompression can increase the size of level of management and control over as possible; (2) keeping external the bubbles formed by nitrogen gas in the decompression process than an pressure as low as possible to reduce the the blood system, resulting in DCI, automatic controller and results in formation of bubbles in the blood; (3) commonly referred to as ‘‘the bends.’’ lower occurrences of DCI. removing nitrogen from the lungs and This description of the etiology of DCI Accordingly, the applicant is applying arterial blood and increasing the rate of is consistent with current scientific for a permanent variance from the elimination of nitrogen; (4) improving theory and research on the issue (see OSHA standard at 29 CFR the quality of breathing during footnote 12 in this notice discussing a 1926.803(g)(1)(iii), which requires decompression stops so that workers are 1985 NIOSH report on DCI). automatic controls to regulate less tired and to prevent bone necrosis; decompression. As noted above, the (5) reducing decompression time by The 1992 French Decompression applicant is committed to conduct the about 33 percent as compared to air Tables proposed for use by the applicant staged decompression according to the decompression; and (6) reducing provide for stops during worker 1992 French Decompression Tables inflammation. decompression (i.e., staged under the direct control of the trained In addition, the HOM requires a decompression) to control the release of man-lock attendant and under the physician certified in hyperbaric nitrogen gas from tissues into the blood oversight of the hyperbaric supervisor. medicine to manage the medical system. Studies show that staged E. Variance From Paragraph (g)(1)(xvii) condition of CAWs during hyperbaric decompression, in combination with of 29 CFR 1926.803, Requirement of exposures and decompression. A other features of the 1992 French Special Decompression Chamber trained and experienced man-lock Decompression Tables such as the use attendant also will be present during of oxygen, result in a lower incidence of The OSHA compressed-air standard hyperbaric exposures and DCI than the OSHA decompression for construction requires employers to decompression. This man-lock requirements of 29 CFR 1926.803, use a special decompression chamber attendant will operate the hyperbaric which specify the use of automatically when total decompression time exceeds system to ensure compliance with the regulated continuous decompression 75 minutes (see 29 CFR specified decompression table. A (see footnotes 10 through 14 in this 1926.803(g)(1)(xvii)). Use of the special hyperbaric supervisor (competent notice for references to these studies).3 decompression chamber enables CAWs person), trained in hyperbaric In addition, the applicant asserts that to move about and flex their joints to operations, procedures, and safety, will staged decompression is at least as prevent neuromuscular problems during directly oversee all hyperbaric effective as an automatic controller in decompression. interventions, and ensure that staff regulating the decompression process As an alternative to using a special follow the procedures delineated in the because: decompression chamber, the applicant HOM or by the attending physician. notes that since only the working The applicant asserts that at higher 3 In the study cited in footnote 10 of this notice, chamber of the EPBTBM is under hyperbaric pressures, decompression starting at page 338, Dr. Eric Kindwall notes that the pressure, and only a few workers out of use of automatically regulated continuous the entire crew are exposed to times exceed 75 minutes. The HOM decompression in the Washington State safety establishes protocols and procedures standards for compressed-air work (from which hyperbaric pressure, the man locks that provide the basis for alternate OSHA derived its decompression tables) was at the (which, as noted earlier, connect means of protection for CAWs under insistence of contractors and the union, and against directly to the working chamber) and the advice of the expert who calculated the the staging chamber are of sufficient size these conditions. Accordingly, based on decompression table and recommended using these protocols and procedures, the staged decompression. Dr. Kindwall then states, to accommodate the exposed workers. applicant requests to use the 1992 ‘‘Continuous decompression is inefficient and In addition, available space in the French Decompression Tables for wasteful. For example, if the last stage from 4 EPBTBM does not allow for an p.s.i.g. . . . to the surface took 1 h, at least half the additional special decompression lock. hyperbaric interventions up to 52 p.s.i.g. time is spent at pressures less than 2 p.s.i.g. . . ., for the Anacostia River Tunnel project. which provides less and less meaningful bubble Again, the applicant uses the man locks, The applicant is committed to follow suppression. . . .’’ In addition, the report each of which adequately the decompression procedures referenced in footnote 5 under the section titled, accommodates a three-member crew, for ‘‘Background on the Need for Interim this purpose when decompression lasts described in the project-specific HOM Decompression Tables’’ addresses the continuous- during these interventions. decompression protocol in the OSHA compressed- up to 75 minutes. When decompression air standard for construction, noting that ‘‘[a]side exceeds 75 minutes, crews can open the D. Variance From Paragraph (g)(1)(iii) of from the tables for to deep depths, door connecting the two compartments 29 CFR 1926.803, Automatically no other widely used or officially approved diving in each man lock during decompression Regulated Continuous Decompression decompression tables use straight line, continuous decompressions at varying rates. Stage stops or exit the man lock and move According to the applicant, breathing decompression is usually the rule, since it is into the staging chamber where air under hyperbaric conditions simpler to control.’’ additional space is available. This

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alternative enables CAWs to move about promulgated new standards 5 for similar the permanent variance to standardize and flex their joints to prevent sub-aqueous tunnel construction work. and clarify their meaning. Defining neuromuscular problems during these terms serves to enhance the III. Description of the Conditions decompression. applicant’s and its employees’ Specified for the Permanent Variance understanding of the conditions F. Previous Tunnel Construction This section describes the alternative specified by the permanent variance. Variances means of compliance with 29 CFR 1926.803(e)(5), (f)(1), (g)(1)(iii), and Condition E: Safety and Health OSHA notes that on May 23, 2014, it Practices granted a sub-aqueous tunnel (g)(1)(xvii) and provides additional construction permanent variance to detail regarding the conditions that form This condition requires the applicant Tully/OHL USA Joint Venture (79 FR the basis of IHP JV’s permanent to develop and submit to OSHA an 29809) from the same provisions of the variance. HOM specific to the Anacostia River Tunnel project at least six months standard that regulate work in Condition A: Scope compressed air (at 29 CFR before using the EPBTBM for tunneling The scope of the permanent variance 1926.803(e)(5), (f)(1), (g)(1)(iii), and operations. Additionally, the condition limits coverage to the work situations (g)(1)(xvii)) that are the subject of the includes a series of related specified under this condition. Clearly present application. On March 27, 2015, prevention and control requirements defining the scope of the permanent OSHA also granted another sub-aqueous and methods (e.g., decompression variance provides IHP JV, IHP JV’s tunnel construction permanent variance tables, job (JHA), employees, other stakeholders, the operations and inspections , to Traylor/Skanska/Jay Dee Joint public, and OSHA with necessary Venture (80 FR 16440) from the same incident investigation, recording and information regarding the work notification to OSHA of recordable provisions of the standard that are the situations in which the permanent subject of the present application. hyperbaric injuries and illnesses, etc.) variance applies. designed to ensure the continued Generally, the alternate conditions in According to 29 CFR 1905.11, an this notice are based on and very similar effective functioning of the hyperbaric employer (or class or group of equipment and operating system. to the alternate conditions of the employers 6) may request a permanent previous permanent variances. Review of the HOM enables OSHA to: variance for a specific workplace or (1) Determine that the safety and health G. Multi-State Variance workplaces (multiple sites). If granted, instructions and measures it specifies the variance applies to the specific As stated earlier in this notice, IHP JV are appropriate and do adequately employer(s) that submitted the protect the safety and health of the applied for a permanent variance and application. In this instance, the interim order for its Anacostia River CAWs and that it conforms to the permanent variance applies to the conditions of the variance; and (2) Tunnel project only. The Anacostia applicant, IHP JV, for its Anacostia River Tunnel project is located entirely request the applicant to revise or modify River Tunnel project, and does not the HOM if it finds that the hyperbaric in the District of Columbia and thus apply to any other employers. under Federal OSHA’s exclusive safety and health procedures are not jurisdiction. Therefore, any variance Condition B: Application suitable for the specific project and do not adequately protect the safety and OSHA grants IHP JV will have effect This condition specifies the health of the CAWs. Once approved, the only in the District of Columbia. circumstances under which the project-specific HOM becomes part of Twenty-eight state safety and health permanent variance is in effect, notably the variance, thus enabling OSHA to plans have been approved by OSHA only for hyperbaric work performed enforce its safety and health procedures under section 18 of the (OSH) Act.4 As during interventions. The condition and measures.7 part of the permanent variance process, places clear limits on the circumstances the Directorate of Cooperative and State under which the applicant can expose Condition F: Communication Programs will notify the State Plans of its employees to hyperbaric pressure. This condition requires the applicant IHP JV’s variance application and grant Condition C: List of Abbreviations to develop and implement an effective of the Anacostia River Tunnel project system of information sharing and This condition defines a number of permanent variance. communication. Effective information abbreviations used in the permanent Additionally, in considering IHP JV’s sharing and communication ensures variance. OSHA believes that defining application for a permanent variance that affected workers receive updated these abbreviations serves to clarify and and interim order, OSHA noted that information regarding any safety-related standardize their usage, thereby four State Plans have previously granted and incidents, and corrective enhancing the applicant’s and its sub-aqueous tunnel construction actions taken, prior to the start of each employees’ understanding of the variances and imposed different or shift. The condition also requires the conditions specified by the permanent additional requirements and conditions applicant to ensure that reliable means variance. (California, Nevada, Oregon, and of emergency communications are Washington). California also Condition D: Definitions available and maintained for affected The condition defines a series of 4 Six State Plans (Connecticut, Illinois, New terms, mostly technical terms, used in 7 Publication of the preliminary Federal Register Jersey, New York, Maine and the Virgin Islands) notice (80 FR 7636) announcing IHP JV’s limit their occupational safety and health authority application for a permanent variance and grant of to state and local government employers only. State 5 See California Code of Regulations, Title 8, a project-specific interim order constituted Plans that exercise their occupational safety and Subchapter 7, Group 26, Article 154, available at acknowledgement by OSHA of the acceptability of health authority over both public- and private- http://www.dir.ca.gov/title8/sb7g26a154.html. the HOM provided by IHP JV for the Anacostia sector employers are: Alaska, Arizona, California, 6 A class or group of employers (such as members River Tunnel project. Further, publication of this Hawaii, Indiana, Iowa, Kentucky, Maryland, of a trade alliance or association) may apply jointly Federal Register notice announcing grant of a Michigan, Minnesota, Nevada, New Mexico, North for a variance provided an authorized project-specific permanent variance constitutes Carolina, Oregon, Puerto Rico, South Carolina, representative for each employer signs the acknowledgement by OSHA of the acceptability of Tennessee, Utah, Vermont, Virginia, Washington, application and the application identifies each IHP JV’s revised HOM (Rev 1) (Ex. OSHA–2014– and Wyoming. employer’s affected facilities. 0011–0009).

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workers and support personnel during information needed to schedule tests that occur as a result of hyperbaric hyperbaric operations. Availability of and inspections to ensure the continued exposures during EPBTBM operations; such reliable means of communication safe operation of the equipment and (2) provide OSHA with a copy of the enable affected workers and support systems, and to determine that the incident investigation report (using personnel to respond quickly and actions taken to correct defects in OSHA 301 form) of these events; (3) effectively to hazardous conditions or hyperbaric equipment and systems were include on the 301 form information on emergencies that may develop during appropriate, prior to returning them to the hyperbaric conditions associated EPBTBM operations. service. with the recordable injury or illness, the root-cause determination, and Condition G: Worker Qualification and Condition I: Compression and preventive and corrective actions Training Decompression identified and implemented by the This condition requires the applicant This condition requires the applicant applicant; and (4) its certification that it to develop and implement an effective to consult with its designated medical informed affected workers of the qualification and training program for advisor regarding special compression incident and the results of the incident affected workers. The condition or decompression procedures investigation. specifies the factors that an affected appropriate for any unacclimated CAW. This condition also requires the worker must know to perform safely This provision ensures that the applicant to: Notify the Office of during hyperbaric operations, including applicant consults with the medical Technical Programs and Coordination how to enter, work in, and exit from advisor, and involves the medical Activities (OTPCA) and the Baltimore/ hyperbaric conditions under both advisor in the evaluation, development, Washington DC Area Office within 15 normal and emergency conditions. and implementation of compression or working days should the applicant need Having well-trained and qualified decompression protocols appropriate for to revise its HOM to accommodate workers performing hyperbaric any CAW requiring acclimation to the changes in its compressed-air operations intervention work ensures that they hyperbaric conditions encountered that affect its ability to comply with the recognize, and respond appropriately to, during EPBTBM operations. conditions of the permanent variance; hyperbaric safety and health hazards. Accordingly, CAWs requiring and provide OSHA’s OTPCA and the These qualification and training acclimation have an opportunity to Baltimore/Washington DC Area Office, requirements enable affected workers to acclimate prior to exposure to these at the end of the project, with a report cope effectively with emergencies, as hyperbaric conditions. OSHA believes evaluating the effectiveness of the well as the discomfort and physiological this condition will prevent or reduce decompression tables. effects of hyperbaric exposure, thereby adverse reactions among CAWs to the These notification requirements preventing injury, illness, and fatalities effects of compression or decompression enable the applicant, its employees, and among workers. associated with the intervention work OSHA to determine the effectiveness of As part of the qualification and they perform in the EPBTBM. the permanent variance in providing the training program, paragraph (G)(2)(e) of requisite level of safety to the this condition also requires the Condition J: Recordkeeping applicant’s workers and, based on this applicant to provide affected workers This condition requires the applicant determination, whether to revise or with information they can use to contact to maintain records of specific factors revoke the conditions of the permanent the appropriate healthcare professionals associated with each hyperbaric variance. Timely notification permits if they believe that they are developing intervention. The information gathered OSHA to take whatever action may be hyperbaric-related health effects. This and recorded under this provision, in necessary and appropriate to prevent requirement provides for early concert with the information provided further injuries and illnesses. Providing intervention and treatment of DCI and under Condition K (using OSHA 301 notification to employees informs them other health effects resulting from Incident Report form to investigate and of the precautions taken by the hyperbaric exposure, thereby reducing record hyperbaric recordable injuries as applicant to prevent similar incidents in the potential severity of these effects. defined by 29 CFR 1904.4, 1904.7, the future. 1904.8 through 1904.12), enables the This condition also requires the Condition H: Inspections, Tests, and applicant and OSHA to determine the applicant to notify OSHA if it ceases to Accident Prevention effectiveness of the permanent variance do business, has a new address or This condition requires the applicant in preventing location for its main office, or transfers to develop, implement, and operate a (DCI) and other hyperbaric-related the operations covered by the program of frequent and regular effects.8 permanent variance to a successor inspections of the EPBTBM’s hyperbaric company. In addition, the condition equipment and support systems, and Condition K: Notifications specifies that OSHA must approve the associated work areas. This condition Under this condition, the applicant transfer of the permanent variance to a helps to ensure the safe operation and must, within specified periods: (1) successor company. These requirements physical integrity of the equipment and Notify OSHA of any recordable injuries, allow OSHA to communicate effectively work areas necessary to conduct illnesses, in-patient hospitalizations, with the applicant regarding the status hyperbaric operations. The condition amputations, loss of an eye, or fatality of the permanent variance, and expedite also enhances worker safety by reducing the Agency’s administration and the risk of hyperbaric-related 8 See 29 CFR 1904 Recording and Reporting enforcement of the permanent variance. emergencies. Occupational Injuries and Illnesses (http:// Stipulating that an applicant must have www.osha.gov/pls/oshaweb/owadisp.show_ Paragraph (H)(3) of this condition document?p_table=STANDARDS&p_id=9631); OSHA’s approval to transfer a variance requires the applicant to document recordkeeping forms and instructions (http:// to a successor company provides tests, inspections, corrective actions, www.osha.gov/recordkeeping/RKform300pkg- assurance that the successor company and repairs involving the EPBTBM, and fillable-enabled.pdf); OSHA Recordkeeping has knowledge of, and will comply Handbook (http://www.osha.gov/recordkeeping/ maintain these documents at the job site handbook/index.html); and updates to OSHA’s with, the conditions specified by the for the duration of the job. This recordkeeping rule Web page ((79 FR 56130); http:// permanent variance, thereby ensuring requirement provides the applicant with www.osha.gov/recordkeeping2014/index.html)). the safety of workers involved in

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performing the operations covered by (exceeding 50 p.s.i.g.) in the excavation If SIP–IV is completed (including the the permanent variance. chamber of the EPBTBM during planned update of the decompression interventions; and (2) maintain tables in Appendix A (1926.803 (f)(1)), IV. Comments on the Proposed consistency with the upper hyperbaric OSHA will modify IHP JV’s and similar Variance Application pressure limit of 52 p.s.i.g. included in variances granted to other employers to OSHA received one public comment the variance OSHA granted to Traylor include the applicable SIP–IV on the proposed variance application. Skanska Jay Dee Joint Venture (80 FR provisions as appropriate. Mr. Barry Cole (safety specialist) 16440) for completing the Blue Plains V. Decision representing Cole-Preferred Safety Tunnel, another phase of the District of Consulting, Inc., supported granting the Columbia Water and Sewer Authority’s As noted earlier, on February 11, permanent variance (Exhibit OSHA– (‘‘DC Water’’) Clean Rivers project. 2015, OSHA published a preliminary 2014–0011–0008). In his comment, Mr. Subsequently, IHP JV submitted a Federal Register notice announcing IHP Cole made two suggestions. First, he revised Anacostia River Tunnel project- JV’s application for a permanent proposed that OSHA should allow the specific HOM (Rev. 1; see Ex. OSHA– variance and interim order, grant of an applicant substantially more room to 2014–0011–0009) for work in interim order, and request for comments work beyond the anticipated hyperbaric hyperbaric environments up to 52 (80 FR 7636). pressure of 52 p.s.i.g., by changing the p.s.i.g. During the period starting with the upper hyperbaric pressure limit of the Second, OSHA finds that the February 11, 2015, publication of the variance from 52 p.s.i.g. to ‘‘the level recommendation to publish a LOI on preliminary Federal Register notice necessary to maintain safety on the face, stepped decompression using the announcing grant of the interim order, and/up to the design/rating limits of the French or other tables is well beyond until completion of the Anacostia River machinery described.’’ Second, he the scope of this variance. Therefore, Tunnel or the Agency modifies or recommended that OSHA should issue OSHA will not undertake issuing an LOI revokes the interim order or makes a a letter of interpretation (LOI) that that allows tunnel construction decision on its application for a allows all tunnel construction companies working under hyperbaric permanent variance, the applicant was companies working under hyperbaric conditions to operate under the required to comply fully with the conditions ‘‘to be allowed to use the conditions of previously granted conditions of the interim order as an stepped method of depressurization, as variances. Moreover, the grant of this alternative to complying with the per engineering/medical data and variance is conditioned on OSHA’s requirements of 29 CFR 1926.803 schedules (such as but not limited to the approval of the applicant’s HOM, and (hereafter, ‘‘the standard’’) that: French scale), as it is the best/safest such a procedure would not be possible A. Prohibit employers using practice, and the original standard under a LOI. compressed air under hyperbaric should have included it, even if the Further, broader, industry-wide issues conditions from subjecting workers to preference was for some reason to use such as the setting of hyperbaric pressure exceeding 50 p.s.i.g., except in auto/straight line [decompression]. exposure and decompression limits for emergency (29 CFR 1926.803(e)(5)); Either may be allowed, under my all tunneling work would be more B. Require the use of decompression proposed letter of interpretation.’’ appropriately resolved through the values specified by the decompression The remainder of this section rulemaking process. In recognition of tables in Appendix A of the describes OSHA’s response to Mr. Cole’s this, on December 6, 2012, OSHA compressed-air standard (29 CFR comments. published a Federal Register notice (77 1926.803(f)(1)); and First, OSHA finds that the FR 72781) announcing a request for C. Require the use of automated recommendation to increase the upper information (RFI) for its continuing operational controls and a special hyperbaric pressure limit of the variance regulatory reviews named standards decompression chamber (29 CFR from 52 p.s.i.g. to the level necessary to improvement projects (SIPs). The 1926.803(g)(1)(iii) and .803(g)(1)(xvii), maintain safety at the face of the Agency is currently working on SIP– respectively). EPBTBM (up to 75 p.s.i.g.), is well Phase IV (SIP–IV). As part of SIP–IV, After reviewing the proposed beyond the scope of the requested OSHA is considering updating the alternative measures, OSHA determined variance. Therefore, OSHA will not decompression tables in Appendix A that: modify the permanent variance. (1926.803 (f)(1)). This proposed action A. IHP JV developed, and proposed to Initially, IHP JV sought a permanent would permit employers to use implement, effective alternative variance for work in hyperbaric decompression procedures and updated measures to the prohibition of using environments up to 50 p.s.i.g., as decompression tables that take compressed air under hyperbaric indicated in its Anacostia River Tunnel advantage of new hyperbaric conditions exceeding 50 p.s.i.g. The project-specific HOM. The HOM stated technologies used widely in extreme alternative measures include use of that in the unlikely event that working hyperbaric exposures. If the planned engineering and pressures exceeding the anticipated SIP–IV revises Appendix A, IHP JV (and of the hazards associated with work maximum of 50 p.s.i.g. are required similar tunneling contractors previously performed in compressed-air conditions during interventions, an amendment granted a variance) will no longer need exceeding 50 p.s.i.g. while engaged in will be prepared and added to the HOM. to obtain a variance from the use of the construction of a subaqueous tunnel Following discussions with the decompression values specified in using advanced shielded mechanical- applicant, and in response to the decompression tables in Appendix A of excavation techniques in conjunction applicant’s request, OSHA is granting an the compressed-air standard for with an EPBTBM. Prior to conducting increase in the upper hyperbaric construction (29 CFR 1926.803(f)(1)). interventions in the EPBTBM’s pressure limit of the variance from 50 However, they would still require pressurized working chamber, the p.s.i.g. to 52 p.s.i.g. This increase will: hyperbaric tunneling variances to applicant halts tunnel excavation and (1) Provide greater flexibility and address portions of the standard not prepares the machine and crew to timeliness for responding to proposed to be covered by SIP–IV (i.e., conduct the interventions. Interventions unanticipated conditions such as the 29 CFR 1926.803(e)(5); .803(g)(1)(iii) involve inspection, maintenance, or need for increased face pressure and .803(g)(1)(xvii)). repair of the mechanical-excavation

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components located in the working tunnel’s work areas to be at atmospheric The review conducted by OSHA chamber. pressure, with only the face of the found several research studies B. IHP JV developed, and proposed to EPBTBM (i.e., the working chamber) at supporting the determination that the implement, safe hyperbaric work elevated pressure. The applicant limits 1992 French Decompression Tables procedures, emergency and contingency interventions conducted in the working result in a lower rate of DCI than the procedures, and medical examinations chamber to performing required decompression tables specified by the for the project’s CAWs. The applicant inspection, maintenance, and repair of standard. For example, H. L. Anderson compiled these standard operating the cutting tools on the face of the studied the occurrence of DCI at procedures into a project-specific HOM. EPBTBM. The EPBTBM’s man lock and maximum hyperbaric pressures ranging The HOM discusses the procedures and working chamber provide sufficient from 4 p.s.i.g. to 43 p.s.i.g. during personnel qualifications for performing space for the maximum crew of three construction of the Great Belt Tunnel in work safely during the compression and CAWs to stand up and move around, Denmark (1992–1996); 13 this project decompression phases of interventions. and safely accommodate decompression used the 1992 French Decompression The HOM also specifies the times up to 360 minutes. Therefore, Tables to decompress the workers decompression tables the applicant OSHA preliminarily determined that the during part of the construction. proposes to use. Depending on the EPBTBM’s man lock and working Anderson observed 6 DCI cases out of maximum working pressure and chamber function as effectively as the 7,220 decompression events, and exposure times during the interventions, special decompression chamber reported that switching to the 1992 the tables provide for decompression required by the standard. French Decompression tables reduced using air, pure oxygen, or a combination OSHA conducted a review of the the DCI incidence to 0.08%. The DCI of air and oxygen. The decompression scientific literature regarding incidence in the study by H.L. Andersen tables also include delays or stops for decompression to determine whether is substantially less than the DCI various time intervals at different the alternative decompression method incidence reported for the pressure levels during the transition to (i.e., the 1992 French Decompression decompression tables specified in atmospheric pressure (i.e., staged Tables) proposed by the applicant Appendix A. OSHA found no studies in decompression). In all cases, a provide a workplace as safe and which the DCI incidence reported for physician certified in hyperbaric healthful as that provided by the the 1992 French Decompression Tables medicine will manage the medical standard. Based on this review, OSHA were higher than the DCI incidence condition of CAWs during preliminarily determined that reported for the OSHA decompression decompression. In addition, a trained decompressions conducted in tunneling tables, nor did OSHA find any studies and experienced man-lock attendant, operations performed with tables 9 indicating that the 1992 French experienced in recognizing result in a lower occurrence of DCI than Decompression Tables were more or illnesses and the decompression tables specified by hazardous to employees than the OSHA injuries, will be present. Of key the standard.10 11 12 decompression tables.14 Therefore, importance, a hyperbaric supervisor OSHA concludes that use of the 1992 (competent person), trained in 9 In 1992, the French Ministry of Labour replaced French Decompression Tables protect hyperbaric operations, procedures, and the 1974 French Decompression Tables with the workers at least as effectively as the 1992 French Decompression Tables, which differ safety, will directly supervise all from OSHA’s decompression tables in Appendix A OSHA decompression tables. hyperbaric operations to ensure by using: (1) Staged decompression as opposed to Based on a review of available compliance with the procedures continuous (linear) decompression; (2) evidence, the experience of State Plans delineated in the project-specific HOM decompression tables based on air or both air and that either granted variances (Nevada, pure oxygen; and (3) emergency tables when 15 or by the attending physician. unexpected exposure times occur (up to 30 minutes Oregon, and Washington) or C. IHP JV developed, and proposed to above the maximum allowed working time). promulgated a new standard implement, a training program to 10 Kindwall, EP (1997). Compressed-air tunneling (California)16 for hyperbaric exposures instruct affected workers in the hazards and caisson work decompression procedures: occurring during similar subaqueous associated with conducting hyperbaric Development, problems, and . Undersea and Hyperbaric Medicine, 24(4), pp. 337–345. This tunnel-construction work, and the operations. article reported 60 treated cases of DCI among 4,168 information provided in the applicant’s D. IHP JV developed, and proposed to exposures between 19 and 31 p.s.i.g. over a 51-week variance application, OSHA is granting implement, an effective alternative to contract period, for a DCI incidence of 1.44% for the permanent variance. the use of automatic controllers that the decompression tables specified by the OSHA Under Section 6(d) of the continuously decrease pressure to standard. 11 Sealey, JL (1969). Safe exit from the hyperbaric Occupational Safety and Health Act of achieve decompression in accordance environment: Medical experience with pressurized 1970 (29 U.S.C. 655(d)), and based on with the tables specified by the tunnel operations. Journal of Occupational the record discussed above, the Agency standard. The alternative includes using Medicine, 11(5), pp. 273–275. This article reported finds that when the employer complies 210 treated cases of DCI among 38,600 hyperbaric the 1992 French Decompression Tables exposures between 13 and 34 p.s.i.g. over a 32- for guiding staged decompression to month period, for an incidence of 0.54% for the 13 Anderson HL (2002). Decompression sickness achieve lower occurrences of DCI, using decompression tables specified by the Washington during construction of the Great Belt tunnel, a trained and competent attendant for State safety standards for compressed-air work, Denmark. Undersea and Hyperbaric Medicine, which are similar to the tables in the OSHA 29(3), pp. 172–188. implementing appropriate hyperbaric standard. Moreover, the article reported 51 treated 14 Le Pe´chon JC, Barre P, Baud JP, Ollivier F entry and exit procedures, and cases of DCI for 3,000 exposures between 30 and 34 (September 1996). Compressed-air work—French providing a competent hyperbaric p.s.i.g., for an incidence of 1.7% for the Washington tables 1992—operational results. JCLP Hyperbarie supervisor, and attending physician State tables. Paris, Centre Medical Subaquatique Interentreprise, 12 In 1985, the National Institute for Occupational Marseille: Communication a l’EUBS, pp. 1–5 (see certified in hyperbaric medicine, to Safety and Health (NIOSH) published a report Ex. OSHA–2014–0011–0004). oversee all hyperbaric operations. entitled ‘‘Criteria for Interim Decompression Tables 15 These state variances are available in the E. IHP JV developed, and proposed to for Caisson and Tunnel Workers;’’ this report docket: Exs. OSHA–2014–0011–0005 (Nevada), implement, an effective alternative to reviewed studies of DCI and other hyperbaric- OSHA–2014–0011–0006 (Oregon), and OSHA– the use of the special decompression related injuries resulting from use of OSHA’s tables. 2014–0011–0007 (Washington). This report is available on NIOSH’s Web site: 16 See California Code of Regulations, Title 8, chamber required by the standard. http://www.cdc.gov/niosh/topics/decompression/ Subchapter 7, Group 26, Article 154, available at EPBTBM technology permits the default.html. http://www.dir.ca.gov/title8/sb7g26a154.html.

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with the conditions of the following 4. Except for the requirements are unsanitary, hazardous, or dangerous order, the working conditions of the specified by 29 CFR 1926.803(e)(5), to employees, and who has employer’s workers are at least as safe (f)(1), (g)(1)(iii), and (g)(1)(xvii), IHP JV authorization to take prompt corrective and healthful as if the employer must comply fully with all other measures to eliminate them.17 complied with the working conditions applicable provisions of 29 CFR part 5. Decompression illness—an illness specified by paragraphs (e)(5), (f)(1), 1926; and (also called decompression sickness (g)(1)(iii), and (g)(1)(xvii) of 29 CFR 5. This order will remain in effect (DCS) or the bends) caused by gas 1926.803. Under the terms of this until one of the following conditions bubbles appearing in body variance, IHP JV must: (1) Comply with occurs: (1) Completion of the Anacostia compartments due to a reduction in the conditions listed below under River Tunnel project, but no later than . Examples of ‘‘Specific Conditions of the Permanent December 31, 2016; or (2) OSHA symptoms of decompression illness Variance’’ for the period between the modifies or revokes this final order in include (but are not limited to): joint date of this notice and completion of the accordance with 29 CFR 1905.13. pain (also known as the ‘bends’ for Anacostia River Tunnel project, but no B. Application agonizing pain or the ‘niggles’ for slight later than December 31, 2016; (2) pain); areas of bone destruction (termed comply fully with all other applicable The permanent variance applies only ); skin disorders provisions of 29 CFR part 1926; and (3) when IHP JV stops the tunnel-boring (such as cutis marmorata, which causes provide a copy of this Federal Register work, pressurizes the working chamber, a pink marbling of the skin); spinal cord notice to all employees affected by the and the CAWs either enter the working and brain disorders (such as stroke, conditions, including the affected chamber to perform interventions (i.e., paralysis, paresthesia, and bladder employees of other employers, using the inspect, maintain, or repair the dysfunction); cardiopulmonary same means it used to inform these mechanical-excavation components), or disorders, such as shortness of breath; employees of its application for a exit the working chamber after and arterial gas embolism (gas bubbles permanent variance. This order will performing interventions. in the arteries that block blood flow).18 remain in effect until one of the C. List of Abbreviations Note: Health effects associated with following conditions occurs: (1) Abbreviations used throughout this hyperbaric intervention but not Completion of the IHP JV Anacostia permanent variance include the considered symptoms of DCI can River Tunnel project but no later than following: include: (direct damage to December 31, 2016; or (2) OSHA air-containing cavities in the body such modifies or revokes this final order in 1. CAW—Compressed-air worker as ears, sinuses and lungs); nitrogen accordance with 29 CFR 1905.13. 2. CFR—Code of Federal Regulations narcosis (reversible alteration in 3. DCI—Decompression Illness VI. Order 4. EPBTBM—Earth Pressure Balanced Tunnel consciousness that may occur in Boring Machine hyperbaric environments and is caused As of the effective date of this final 5. HOM—Hyperbaric Operations and Safety by the anesthetic effect of certain gases order, OSHA is revoking the interim Manual at high pressure); and (a order granted to the employer on 6. JHA—Job hazard analysis central nervous system condition February 11, 2015 (80 FR 7636). 7. OSHA—Occupational Safety and Health resulting from the harmful effects of OSHA issues this final order Administration breathing molecular oxygen (O2) at authorizing Impregilo Healy Parsons 8. OTPCA—Office of Technical Programs and elevated partial pressures). Joint Venture, (‘‘IHP JV’’ or ‘‘the Coordination Activities 6. Earth Pressure Balanced Tunnel applicant’’), to comply with the D. Definitions Boring Machine—the machinery used to following conditions instead of The following definitions apply to excavate the tunnel. complying with the requirements of this permanent variance. These 7. Hot work—any activity performed paragraphs 29 CFR 1926.803(e)(5), (f)(1), definitions supplement the definitions in a hazardous location that may (g)(1)(iii), and (g)(1)(xvii). This final in IHP JV’s project-specific HOM. introduce an ignition source into a order applies to Impregilo Healy 1. Affected employee or worker—an potentially flammable atmosphere.19 Parsons Joint Venture at the Anacostia employee or worker who is affected by 8. Hyperbaric—at a higher pressure River Tunnel project in Washington, the conditions of this permanent than atmospheric pressure. DC. These conditions are: variance, or any one of his or her 9. Hyperbaric intervention—a term A. Scope authorized representatives. The term that describes the process of stopping ‘‘employee’’ has the meaning defined the EPBTBM and preparing and The permanent variance applies only and used under the Occupational Safety executing work under hyperbaric to work: and Health Act of 1970 (29 U.S.C. 651 pressure in the working chamber for the 1. That occurs in conjunction with et seq.) purpose of inspecting, replacing, or construction of the Anacostia River 2. Atmospheric pressure—the repairing cutting tools and/or the Tunnel project, a subaqueous tunnel pressure of air at sea-level, generally, cutterhead structure. constructed using advanced shielded 14.7 p.s.i.a., 1 atmosphere absolute, or 0 10. Hyperbaric Operations Manual—a mechanical-excavation techniques and p.s.i.g. detailed, project-specific health and involving operation of an EPBTBM; 3. Compressed-air worker—an safety plan developed and implemented 2. Performed under compressed-air individual who is specially trained and by IHP JV for working in compressed air and hyperbaric conditions up to 52 medically qualified to perform work in p.s.i.g. at the Anacostia River Tunnel a pressurized environment while 17 Adapted from 29 CFR 1926.32(f). project; breathing air at pressures up to 52 18 See Appendix 10 of ‘‘A Guide to the Work in 3. In the EPBTBM’s forward section p.s.i.g. Compressed-Air Regulations 1996,’’ published by (the working chamber) and associated 4. Competent person—an individual the United Kingdom Health and Safety Executive available from NIOSH at http://www.cdc.gov/niosh/ hyperbaric chambers used to pressurize who is capable of identifying existing docket/archive/pdfs/NIOSH–254/ and decompress employees entering and and predictable hazards in the compReg1996.pdf. exiting the working chamber; surroundings or working conditions that 19 Also see 29 CFR 1910.146(b).

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during the construction of the Anacostia manufacturer’s operations manuals for conditions of any hazardous River Tunnel. the EPBTBM, and the safety and health occurrences or conditions that might 11. Job hazard analysis—an instructions provided by the affect their safety, including hyperbaric evaluation of tasks or operations to manufacturer for the operation of incidents, gas releases, equipment identify potential hazards and to . failures, earth or rock slides, cave-ins, determine the necessary controls. 3. IHP JV must use air as the only flooding, fires, or explosions. 12. Man lock—an enclosed space in the working chamber. 2. IHP JV must provide a power- capable of pressurization, and used for 4. IHP JV must use the 1992 French assisted means of communication compressing or decompressing any Decompression Tables for air, air- among affected workers and support employee or material when either is oxygen, and oxygen decompression personnel in hyperbaric conditions passing into or out of a working specified in the HOM, specifically, the where unassisted voice communication chamber. tables titled, ‘‘French Regulation Air is inadequate. 13. Pressure—a acting on a unit Standard Tables.’’ (a) IHP JV must use an independent area. Usually expressed as pounds per 5. IHP JV must equip man locks used power supply for powered square inch (p.s.i.). by its employees with an oxygen- communication systems, and these 14. p.s.i.—pounds per square inch, a delivery system as specified by the systems must operate such that use or common unit of measurement of HOM. IHP JV must not store oxygen or disruption of any one phone or signal pressure; a pressure given in p.s.i. other compressed gases used in location will not disrupt the operation corresponds to absolute pressure. conjunction with hyperbaric work in the of the system from any other location. 15. p.s.i.a—pounds per square inch tunnel. (b) IHP JV must test communication absolute, or absolute pressure, is the 6. Workers performing hot work systems at the start of each shift and as sum of the atmospheric pressure and under hyperbaric conditions must use necessary thereafter to ensure proper gauge pressure. At sea-level, flame-retardant personal protective operation. atmospheric pressure is approximately equipment and clothing. 14.7 p.s.i. Adding 14.7 to a pressure 7. In hyperbaric work areas, IHP JV G. Worker Qualifications and Training expressed in units of p.s.i.g. will yield must maintain an adequate fire- IHP JV must: the absolute pressure, expressed as suppression system approved for 1. Ensure that each affected worker p.s.i.a. hyperbaric work areas. receives effective training on how to 16. p.s.i.g.—pounds per square inch 8. IHP JV must develop and safely enter, work in, exit from, and gauge, a common unit of pressure; implement one or more JHAs for work undertake emergency evacuation or pressure expressed as p.s.i.g. in the hyperbaric work areas, and rescue from, hyperbaric conditions, and corresponds to pressure relative to review, periodically, and as necessary document this training. atmospheric pressure. At sea-level, (e.g., after making changes to a planned 2. Provide effective instruction, before atmospheric pressure is approximately intervention that affects its operation), beginning hyperbaric operations, to 14.7 p.s.i. Subtracting 14.7 from a the contents of the JHAs with affected each worker who performs work, or pressure expressed in units of p.s.i.a. employees. The JHAs must include all controls the exposure of others, in yields the gauge pressure, expressed as the job functions that the risk hyperbaric conditions, and document 22 p.s.i.g. assessment indicates are essential to this instruction. The instruction must 17. Qualified person—an individual prevent injury or illness. include topics such as: who, by possession of a recognized 9. IHP JV must develop a set of (a) The physics and physiology of degree, certificate, or professional checklists to guide compressed-air work hyperbaric work; standing, or who, by extensive and ensure that employees follow the (b) Recognition of pressure-related knowledge, training, and experience, procedures required by this permanent injuries; successfully demonstrates an ability to variance (including all procedures (c) Information on the causes and solve or resolve problems relating to the required by the HOM, which this recognition of the signs and symptoms subject matter, the work, or the permanent variance incorporates by associated with decompression illness, project.20 reference). The checklists must include and other hyperbaric intervention- 18. Working chamber—an enclosed all steps and equipment functions that space in the EPBTBM in which CAWs related health effects (e.g., barotrauma, the indicates are , and oxygen toxicity); perform interventions, and which is essential to prevent injury or illness accessible only through a man lock. (d) How to avoid discomfort during during compressed-air work. compression and decompression; and 10. IHP JV must ensure that the safety E. Safety and Health Practices (e) Information the workers can use to and health provisions of the HOM contact the appropriate healthcare 1. IHP JV must develop and adequately protect the workers of all professionals should the workers have implement a project-specific HOM, and contractors and subcontractors involved concerns that they may be experiencing submit the HOM to OSHA for approval in hyperbaric operations.23 at least six months before using the adverse health effects from hyperbaric EPBTBM. IHP JV must receive a written F. Communication exposure. acknowledgement from OSHA regarding 1. Prior to beginning a shift, IHP JV 3. Repeat the instruction specified in the acceptability of the HOM.21 The must implement a system that informs paragraph (2) of this condition HOM shall provide the governing safety workers exposed to hyperbaric periodically, and as necessary (e.g., after and health requirements regarding making changes to its hyperbaric hyperbaric exposures during the tunnel- 22 See ANSI/AIHA Z10–2012, American National operations). construction project. Standard for Occupational Health and Safety 4. When conducting training for its 2. IHP JV must implement the safety Management Systems, for reference. hyperbaric workers, make this training and health instructions included in the 23 See ANSI/ASSE A10.33–2011, American available to OSHA personnel and notify National Standard for Construction and Demolition Operations—Safety and Health Program the OTPCA at OSHA’s national office 20 Adapted from 29 CFR 1926.32(m). Requirements for Multi-Employer Projects, for and the Baltimore/Washington DC Area 21 See footnote 7. reference. Office before the training takes place.

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H. Inspections, Tests, and Accident of the illness or injury (Q 16); duration 301, the incident-investigation report Prevention of the hyperbaric intervention (Q 17); must include a root-cause 1. IHP JV must initiate and maintain any possible contributing factors (Q 17); determination, and the preventive and a program of frequent and regular the number of prior interventions corrective actions identified and inspections of the EPBTBM’s hyperbaric completed by injured or ill CAW (Q 17); implemented. the number of prior interventions (b) Provide certification within 15 equipment and support systems (such as completed by injured or ill CAW at that days of the incident that the employer control, illumination, pressure (Q 17); the contact information informed affected workers of the ventilation, and fire-prevention and fire- for the treating healthcare provider (Q incident and the results of the incident suppression systems), and hyperbaric 17); and the date and time of last investigation (including the root-cause work areas, as required under 29 CFR hyperbaric exposure for this CAW. determination and preventive and 1926.20(b)(2) by: In addition to completing the OSHA corrective actions identified and (a) Developing a set of checklists to be 301 Incident Report form and OSHA implemented). used by a competent person in 300 Log of Work Related Injuries and (c) Notify the OTPCA and the conducting weekly inspections of Illnesses, IHP JV must maintain records Baltimore/Washington DC Area Office hyperbaric equipment and work areas; of: within 15 working days in writing of and 1. The date, times (e.g., began any change in the compressed-air (b) Ensuring that a competent person compression, time spent compressing, operations that affects IHP JV’s ability to conducts daily visual checks and time performing intervention, time comply with the conditions specified weekly inspections of the EPBTBM. spent decompressing), and pressure for herein. 2. If the competent person determines each hyperbaric intervention. (d) Upon completion of the Anacostia that the equipment constitutes a safety 2. The name of each individual River Tunnel project, evaluate the hazard, IHP JV must remove the worker exposed to hyperbaric pressure effectiveness of the decompression equipment from service until it corrects and the decompression protocols and tables used throughout the project, and the hazardous condition and has the results for each worker. provide a written report of this correction approved by a qualified 3. The total number of interventions evaluation to the OTPCA and the person. and the amount of hyperbaric work time Baltimore/Washington DC Area Office. 3. IHP JV must maintain records of all at each pressure. tests and inspections of the EPBTBM, as 4. The post-intervention physical Note: The evaluation report is to contain well as associated corrective actions and summaries of: (1) The number, dates, assessment of each individual CAW for durations, and pressures of the hyperbaric repairs, at the job site for the duration signs and symptoms of decompression interventions completed; (2) decompression of the job. illness, barotrauma, nitrogen narcosis, protocols implemented (including I. Compression and Decompression oxygen toxicity or other health effects composition of gas mixtures (air and/or associated with work in compressed air oxygen), and the results achieved; (3) the IHP JV must consult with its attending or mixed gasses for each hyperbaric total number of interventions and the number physician concerning the need for intervention. of hyperbaric incidents (decompression special compression or decompression illnesses and/or health effects associated exposures appropriate for CAWs not K. Notifications with hyperbaric interventions as recorded on acclimated to hyperbaric exposure. 1. To assist OSHA in administering OSHA 301 and 300 forms, and relevant medical diagnoses and treating physicians’ the conditions specified herein, IHP JV J. Recordkeeping opinions); and (4) root-causes, and must: preventive and corrective actions identified IHP JV must maintain a record of any (a) Notify the OTPCA and the and implemented. recordable injuries, illnesses, in-patient Baltimore/Washington DC Area Office (e) To assist OSHA in administering hospitalizations, amputations, loss of an of any recordable injuries, illnesses, in- the conditions specified herein, inform eye, or fatality (as defined by 29 CFR patient hospitalizations, amputations, the OTPCA and the Baltimore/ part 1904 Recording and Reporting loss of an eye, or fatality (by submitting Washington DC Area Office as soon as Occupational Injuries and Illnesses), the completed OSHA 301 Incident possible after it has knowledge that it resulting from exposure of an employee Report form 24) resulting from exposure to hyperbaric conditions by completing will: of an employee to hyperbaric conditions (i) Cease to do business; the OSHA 301 Incident Report form and including those that do not require (ii) Change the location and address of OSHA 300 Log of Work Related Injuries recompression treatment (e.g., nitrogen the main office for managing the and Illnesses. narcosis, oxygen toxicity, barotrauma), tunneling operations specified by the Note: Examples of important but still meet the recordable injury or project-specific HOM; or information to include on the OSHA illness criteria (of 29 CFR 1904). The (iii) Transfer the operations specified 301 Incident Report form (along with employer shall provide the notification herein to a successor company. the corresponding question on the form) within 8 hours of the incident, or 8 (f) Notify all affected employees of must address the following: the task hours after becoming aware of a this permanent variance by the same performed (Question (Q) 14); an recordable injury, illness, in-patient means required to inform them of its estimate of the CAW’s workload (Q 14); hospitalization, amputation, loss of an application for a variance. the composition of the gas mixture (e.g., eye, or fatality, and submit a copy of the 2. OSHA must approve the transfer of air or oxygen); the pressure worked at incident investigation (OSHA form 301) this permanent variance to a successor (Q 14); temperature in the work and within 24 hours of the incident, or 24 company. decompression environments (Q 14); hours after becoming aware of a did something unusual occur during the recordable injury, illness, in-patient Authority and Signature task or decompression (Q 14); time of hospitalization, amputation, loss of an David Michaels, Ph.D., MPH, symptom onset (Q 15); duration of time eye, or fatality. In addition to the Assistant Secretary of Labor for between decompression and onset of information required by the OSHA form Occupational Safety and Health, 200 symptoms (Q 15); nature and duration Constitution Avenue NW., Washington, of symptoms (Q 16); a medical summary 24 See footnote 8. DC 20210, authorized the preparation of

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this notice. Accordingly, the Agency is Attendees will be requested to sign a we are providing an opportunity for issuing this notice pursuant to 29 U.S.C. register and to comply with NASA public comment on this action. After 655(d), Secretary of Labor’s Order No. security requirements, including the obtaining and considering public 1–2012 (77 FR 3912, Jan. 25, 2012), and presentation of a valid picture ID to comment, NSF will prepare the 29 CFR 1905.11. Security before access to NASA submission requesting that OMB Signed at Washington, DC, August 14, Headquarters. approve clearance of this collection for 2015. Due to the Real ID Act, Public Law no longer than 3 years. David Michaels, 109–13, any attendees with drivers DATES: Interested persons are invited to licenses issued from non-compliant Assistant Secretary of Labor for Occupational send comments regarding the burden or Safety and Health. states/territories must present a second any other aspect of this collection of form of ID [Federal employee badge; [FR Doc. 2015–20571 Filed 8–19–15; 8:45 am] information requirements by October passport; active military identification 19, 2015. BILLING CODE 4510–26–P card; enhanced driver’s license; U.S. ADDRESSES: Written comments Coast Guard Merchant Mariner card; regarding the information collection and Native American tribal document; requests for copies of the proposed NATIONAL AERONAUTICS AND school identification accompanied by an information collection request should be SPACE ADMINISTRATION item from LIST C (documents that addressed to Suzanne Plimpton, Reports establish employment authorization) [Notice: (15–069)] Clearance Officer, National Science from the ‘‘List of the Acceptable Foundation, 4201 Wilson Blvd., Rm. NASA Advisory Council; Science Documents’’ on Form I–9]. Non- Committee; Heliophysics compliant states/territories are: 1265, Arlington, VA 22230, or by email Subcommittee; Meeting American Samoa, Arizona, Idaho, to [email protected]. Comments: Written comments are Louisiana, Maine, Minnesota, New AGENCY: National Aeronautics and invited on (a) whether the proposed Hampshire, and New York. Foreign Space Administration. collection of information is necessary nationals attending this meeting will be ACTION: for the proper performance of the Notice of meeting. required to provide a copy of their passport and visa in addition to functions of the Agency, including SUMMARY: In accordance with the whether the information shall have Federal Advisory Committee Act, Public providing the following information no less than 10 working days prior to the practical utility; (b) the accuracy of the Law 92–463, as amended, the National Agency’s estimate of the burden of the Aeronautics and Space Administration meeting: Full name; gender; date/place of birth; citizenship; visa information proposed collection of information; (c) (NASA) announces a meeting of the ways to enhance the quality, utility, and Heliophysics Subcommittee of the (number, type, expiration date); passport information (number, country, clarity of the information on NASA Advisory Council (NAC). This respondents, including through the use subcommittee reports to the Science expiration date); employer/affiliation information (name of institution, of automated collection techniques or Committee of the NAC. The meeting other forms of information technology; will be held for the purpose of address, country, telephone); title/ position of attendee; and home address or (d) ways to minimize the burden of soliciting, from the scientific the collection of information on those community and other persons, scientific to Ann Delo via at [email protected] who are to respond, including through and technical information relevant to or by fax at (202) 358–2779. U.S. the use of appropriate automated, program planning. citizens and Permanent Residents (green electronic, mechanical, or other DATES: Tuesday, September 29, 2015, card holders) are requested to submit their name and affiliation 3 working technological collection techniques or 9:00 a.m.–5:00 p.m., and Wednesday, other forms of information technology. September 30, 2015, 9:00 a.m.–5:00 days prior to the meeting to Ann Delo. FOR FURTHER INFORMATION CONTACT: p.m., Local Time. It is imperative that the meeting be held on these dates to the scheduling Suzanne H. Plimpton, Reports Clearance ADDRESSES: NASA Headquarters, Room priorities of the key participants. Officer, National Science Foundation, 6H41, 300 E Street SW., Washington, DC 4201 Wilson Boulevard, Suite 1265, 20546. Patricia D. Rausch, Arlington, Virginia 22230; telephone FOR FURTHER INFORMATION CONTACT: Ms. Advisory Committee Management Officer, (703) 292–7556; or send email to Ann Delo, Science Mission Directorate, National Aeronautics and Space [email protected]. Individuals who use NASA Headquarters, Washington, DC Administration. a telecommunications device for the 20546, (202) 358–0750, fax (202) 358– [FR Doc. 2015–20606 Filed 8–19–15; 8:45 am] deaf (TDD) may call the Federal 2779, or [email protected]. BILLING CODE 7510–13–P Information Relay Service (FIRS) at 1– SUPPLEMENTARY INFORMATION: The 800–877–8339, which is accessible 24 meeting will be open to the public up hours a day, 7 days a week, 365 days a to the capacity of the room. This NATIONAL SCIENCE FOUNDATION year (including federal holidays). meeting will also be available SUPPLEMENTARY INFORMATION: telephonically. Any interested person Notice of Intent To Seek Approval To Renew an Information Collection Title: Grantee Reporting Requirements may call the USA toll free conference for the Research Experiences for call number 888–769–8915, passcode AGENCY: National Science Foundation. Undergraduates (REU) Program. 1573979, both days, to participate in ACTION: Notice and request for OMB Approval Number: 3145–0224. this meeting by telephone. The agenda comments. Expiration Date: December 31, 2015. for the meeting includes the following topics: SUMMARY: The National Science Overview of this information collection —Heliophysics Division Overview and Foundation (NSF) is announcing plans The Research Experiences for Program Status to request approval of this collection. In Undergraduates (REU) Reporting —Flight Mission Status Report accordance with the requirement of Module is a component of the NSF —Heliophysics Science Performance Section 3506(c)(2)(A) of the Paperwork Project Reports System that is designed Assessment Reduction Act of 1995 (Pub. L. 104–13), to gather information about students

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