[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54536-54547]
[FR Doc No: 2022-19118]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2022-0009]

Traylor Bros. Inc.; Application for Modification of Permanent
Variance and Interim Order; Grant of Interim Order; Request for
Comments

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces an application for modification
of a permanent variance and for an interim order submitted by Traylor
Bros. Inc. (Traylor). The application seeks to modify a permanent
variance relating to work in compressed air environments previously
granted to Traylor to add Traylor-Shea Joint Venture (TSJV) as an
additional employer and to add a new project, the Alexandria, Virginia
RiverRenew tunneling project. Traylor also requests an interim order to
be effective until OSHA issues a final decision on the application.
This notice presents the agency's preliminary findings on Traylor's
application and announces the

granting of an Interim Order. OSHA invites the public to submit
comments on the variance modification application to assist the agency
in determining whether to grant the applicant a modified permanent
variance based on the conditions specified in this application.

DATES: Submit comments, information, documents in response to this
notice, and request for a hearing on or before October 6, 2022. The
Interim Order described in this notice will become effective on
September 6, 2022, and shall remain in effect until the completion of
the Alexandria RiverRenew project for Alexandria, Virginia and
Washington, DC, the Interim Order is modified or revoked, or OSHA makes
a final decision on the application for a modified permanent variance.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at: http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2022-0009). All comments, including any personal
information you provide, are placed in the public docket without
change, and may be made available online at http://www.regulations.gov.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office. All
documents in the docket (including this Federal Register notice) are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection at the OSHA Docket
Office. Contact the OSHA Docket Office at<PHONE_NUMBER> (TTY (877)
889-5627) for assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor; telephone:<PHONE_NUMBER>;
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor; telephone:
(202) 693-2110; email: [email protected].
    Copies of this Federal Register notice. Electronic copies of this
Federal Register notice are available at http://www.regulations.gov.
This Federal Register notice, as well as news releases and other
relevant information, also are available at OSHA's web page at http://www.osha.gov.
    Hearing Requests. According to 29 CFR 1905.15, hearing requests
must include: (1) a concise statement of facts detailing how the
proposed Variance modification would affect the requesting party; (2) a
specification of any statement or representation in the Variance
application that the commenter denies, and a concise summary of the
evidence offered in support of each denial; and (3) any views or
arguments on any issue of fact or law presented in the variance
application.

SUPPLEMENTARY INFORMATION:

I. Notice of Application

    This notice addresses Traylor's application, by letter dated March
15, 2021, to modify the permanent variance granted to Traylor on March
11, 2016 (``2016 Variance'') (81 FR 12954) to include an additional
employer, the Traylor Shea Joint Venture (TSJV), which is a joint
venture made up of two construction companies, Traylor and J.F. Shea
Construction, Inc. (Shea). TSJV was awarded the tunneling contract for
the Alexandria RiverRenew Tunnel Project in Alexandria, Virginia and
Washington, DC (OSHA-2022-0009-0002). Traylor also requested an Interim
Order while OSHA evaluates the application (OSHA-2022-0009-0005). This
notice covers the Alexandria RiverRenew tunneling project only and is
not applicable to future tunneling projects by Traylor, Shea or TSJV.
    Specifically, this notice addresses the application by Traylor and
TSJV (the applicant) for a modification of the 2016 Variance and
Interim Order from the provisions of the standard governing compressed
air work that: (1) prohibit compressed-air worker exposure to pressures
exceeding 50 pounds per square inch (p.s.i.) except in an emergency (29
CFR 1926.803(e)(5)); \1\ (2) require the use of the decompression
values specified in decompression tables in Appendix A of the
compressed-air standard for construction (29 CFR 1926.803(f)(1)); and
(3) require the use of automated operational controls and a special
decompression chamber (29 CFR 1926.803(g)(1)(iii) and .803(g)(1)(xvii),
respectively).
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    \1\ The decompression tables in Appendix A of subpart S express
the maximum working pressures as pounds per square inch gauge
(p.s.i.g.), with a maximum working pressure of 50 p.s.i.g.
Therefore, throughout this notice, OSHA expresses the 50 p.s.i.
value specified by Sec.  1926.803(e)(5) as 50 p.s.i.g., consistent
with the terminology in Appendix A, Table 1 of subpart S.
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    OSHA has previously approved nearly identical provisions when
granting several other very similar variances, as discussed in more
detail in Section II. OSHA preliminarily concludes that the proposed
modification to the 2016 Variance (81 FR 12954) is appropriate, grants
an Interim Order temporarily allowing the proposed activity, and seeks
comment on the proposed variance modification.

A. Background

    The application for a modified permanent variance seeks to add a
new employer, Traylor Shea Joint Venture (TSJV). TSJV is a contractor
that works on complex tunnel projects using innovations in tunnel-
excavation methods. The applicant's workers engage in the construction
of tunnels using advanced shielded mechanical excavation techniques in
conjunction with an earth pressure balance tunnel boring machine (TBM).
Using shielded mechanical excavation techniques, in conjunction with
precast concrete tunnel liners and backfill grout, TBMs provide methods
to achieve the face pressures required to maintain a stabilized tunnel
face through various geologies, and isolate that pressure to the
forward section (the working chamber) of the TBM.
    TSJV asserts that it bores tunnels using an TBM at levels below the
water table through soft soils consisting of clay, silt, and sand. TBMs
are capable of maintaining pressure at the tunnel face, and stabilizing
existing geological conditions, through the controlled use of a
mechanically driven cutter head, bulkheads within the shield, ground-
treatment foam, and a screw conveyor that moves excavated material from
the working chamber. The forward-most portion of the TBM is the working
chamber, and this chamber is the only pressurized segment of the TBM.
Within the shield, the working chamber consists of two sections: the
forward working chamber and the staging chamber. The forward working
chamber is immediately behind the cutter head

and tunnel face. The staging chamber is behind the forward working
chamber and between the man-lock door and the entry door to the forward
working chamber.
    The TBM has twin man-locks located between the pressurized working
chamber and the non-pressurized portion of the machine. Each man-lock
has two compartments. This configuration allows workers to access the
man-locks for compression and decompression, and medical personnel to
access the man-locks if required in an emergency.
    TSJV's HOM for the Alexandria RiverRenew Project indicated that the
maximum pressure to which it is likely to expose workers during project
interventions for the Alexandria RiverRenew Tunnel Project is 52.5
p.s.i. Therefore, to work effectively, TSJV must perform hyperbaric
interventions in compressed air at pressures nearly 5% higher than the
maximum pressure specified by the existing OSHA standard, 29 CFR
1926.803(e)(5), which states: ``No employee shall be subjected to
pressure exceeding 50 p.s.i. except in emergency'' (see footnote 1).
    TSJV employs specially trained personnel for the construction of
the tunnel. To keep the machinery working effectively, TSJV asserts
that these workers must periodically enter the excavation working
chamber of the TBM to perform hyperbaric interventions during which
workers would be exposed to air pressures up to 52.5 p.s.i., which
exceeds the maximum pressure specified by the existing OSHA standard at
29 CFR 1926.803(e)(5). These interventions consist of conducting
inspections or maintenance work on the cutter-head structure and
cutting tools of the TBM, such as changing replaceable cutting tools
and disposable wear bars, and, in rare cases, repairing structural
damage to the cutter head. These interventions are the only time that
workers are exposed to compressed air. Interventions in the working
chamber (the pressurized portion of the TBM) take place only after
halting tunnel excavation and preparing the machine and crew for an
intervention.
    During interventions, workers enter the working chamber through one
of the twin man-locks that open into the staging chamber. To reach the
forward part of the working chamber, workers pass through a door in a
bulkhead that separates the staging chamber from the forward working
chamber. The man-locks and the working chamber are designed to
accommodate three people, which is the maximum crew size allowed under
the proposed variance. When the required decompression times are
greater than work times, the twin man-locks allow for crew rotation.
During crew rotation, one crew can be compressing or decompressing
while the second crew is working. Therefore, the working crew always
has an unoccupied man-lock at its disposal.
    TSJV asserts that these innovations in tunnel excavation have
greatly reduced worker exposure to hazards of pressurized air work
because they have eliminated the need to pressurize the entire tunnel
for the project and would thereby reduce the number of workers exposed,
as well as the total duration of exposure, to hyperbaric pressure
during tunnel construction. These advances in technology substantially
modified the methods used by the construction industry to excavate
subaqueous tunnels compared to the caisson work regulated by the
current OSHA compressed-air standard for construction at 29 CFR
1926.803.
    In addition to the reduced exposures resulting from the innovations
in tunnel-excavation methods, TSJV asserts that innovations in
hyperbaric medicine and technology improve the safety of decompression
from hyperbaric exposures. These procedures, however, would deviate
from the decompression process that OSHA requires for construction in
29 CFR 1926.803(e)(5) and (f)(1) and the decompression tables in
Appendix A of 29 CFR 1926, subpart S. Nevertheless, according to TSJV,
their use of decompression protocols incorporating oxygen is more
efficient, effective, and safer for tunnel workers than compliance with
the decompression tables specified by the existing OSHA standard.
    TSJV therefore believes its workers will be at least as safe under
its proposed alternatives as they would be under OSHA's standard
because of the reduction in number of workers and duration of
hyperbaric exposures, better application of hyperbaric medicine, and
the development of a project-specific HOM, (OSHA-2022-0009-0002) that
requires specialized medical support and hyperbaric supervision to
provide assistance to a team of specially trained man-lock attendants
and hyperbaric or compressed-air workers (CAWs).
    Based on an initial review of the application for a modified
permanent variance and interim order for the construction of the
Alexandria RiverRenew Tunnel Project in Alexandria, Virginia and
Washington, DC, OSHA has preliminarily determined that Traylor/TSJV
have proposed an alternative that would provide a workplace at least as
safe and healthful as that provided by the standard.

II. The Variance Application

    Pursuant to the requirements of OSHA's variance regulations (29 CFR
1905.11), the applicant has certified that it notified its workers \2\
of the variance modification application and request for interim order
by posting, at prominent locations where it normally posts workplace
notices, a summary of the application and information specifying where
the workers can examine a copy of the application. In addition, the
applicant has certified that it informed its workers of their right to
petition the Assistant Secretary of Labor for Occupational Safety and
Health for a hearing on the variance modification application.
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    \2\ See the definition of ``Affected employee or worker'' in
section V.D of this Notice.
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A. OSHA History of Approval of Nearly Identical Variance Requests

    OSHA has previously approved several nearly identical variances
involving the same types of tunneling equipment used for similar
projects (tunnel construction variances). OSHA notes that it granted
five subaqueous tunnel construction permanent variances from the same
provisions of OSHA's compressed-air standard (29 CFR 1926.803(e)(5),
(f)(1), (g)(1)(iii), and (g)(1)(xvii)) that are the subject of the
present application: (1) Impregilo, Healy, Parsons, Joint Venture (IHP
JV) for the completion of the Anacostia River Tunnel in Washington, DC
(80 FR 50652 (August 20, 2015)); (2) Traylor JV for the completion of
the Blue Plains Tunnel in Washington, DC (80 FR 16440, March 27,
2015)); (3) Tully/OHL USA Joint Venture for the completion of the New
York Economic Development Corporation's New York Siphon Tunnel project
(79 FR 29809, May 23, 2014)); and (4) Salini-Impregilo/Healy Joint
Venture for the completion of the Northeast Boundary Tunnel in
Washington, DC (85 FR 27767, May 11, 2020). OSHA also granted an
Interim Order to Ballard Marine for the Suffolk County Outfall Tunnel
project in West Babylon, New York (86 FR 5253, January 19, 2021). The
proposed alternate conditions in this notice are nearly identical to
the alternate conditions of the previous Permanent Variances.\3\ OSHA
is not aware of any

injuries or other safety issues that arose from work performed under
these conditions in accordance with the previous variances.
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    \3\ The previous tunnel construction variances allowed further
deviation from OSHA standards by permitting employee exposures above
50 p.s.i.. based on the composition of the soil and the amount of
water that will be above the tunnel for various sections of this
project. The current proposed modified permanent variance includes
substantively the same safeguards as the variances that OSHA granted
previously even though employees will not be exposed to pressures
higher than 52.5 p.s.i.g.
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B. Variance From Paragraph (e)(5) of 29 CFR 1926.803, Prohibition of
Exposure to Pressure Greater Than 50 p.s.i.

    The applicant states that it may perform hyperbaric interventions
at pressures greater than 50 p.s.i. in the working chamber of the TBM;
this pressure exceeds the pressure limit of 50 p.s.i. specified for
nonemergency purposes by 29 CFR 1926.803(e)(5). The TBM has twin man-
locks, with each man-lock having two compartments. This configuration
allows workers to access the man-locks for compression and
decompression, and medical personnel to access the man-locks if
required in an emergency.
    TBMs are capable of maintaining pressure at the tunnel face, and
stabilizing existing geological conditions, through the controlled use
of a mechanically driven cutter head, bulkheads within the shield,
ground-treatment foam, and a screw conveyor that moves excavated
material from the working chamber. As noted earlier, the forward-most
portion of the TBM is the working chamber, and this chamber is the only
pressurized segment of the TBM. Within the shield, the working chamber
consists of two sections: the staging chamber and the forward working
chamber. The staging chamber is the section of the working chamber
between the man-lock door and the entry door to the forward working
chamber. The forward working chamber is immediately behind the cutter
head and tunnel face.
    TSJV will pressurize the working chamber to the level required to
maintain a stable tunnel face. Pressure in the staging chamber ranges
from atmospheric (no increased pressure) to a maximum pressure equal to
the pressure in the working chamber. The applicant asserts that they
may have to perform interventions at pressures up to 52.5 p.s.i.
    During interventions, workers enter the working chamber through one
of the twin man-locks that open into the staging chamber. To reach the
forward part of the working chamber, workers pass through a door in a
bulkhead that separates the staging chamber from the forward working
chamber. The maximum crew size allowed in the forward working chamber
is three. At certain hyperbaric pressures (i.e., when decompression
times are greater than work times), the twin man-locks allow for crew
rotation. During crew rotation, one crew can be compressing or
decompressing while the second crew is working. Therefore, the working
crew always has an unoccupied man-lock at its disposal.
    Further, the applicant asserts that TSJV has developed a project-
specific HOM (OSHA-2022-0009-0003) that describes in detail the
hyperbaric procedures, the required medical examination used during the
tunnel-construction project, the standard operating procedures and the
emergency and contingency procedures. The procedures include using
experienced and knowledgeable man-lock attendants who have the training
and experience necessary to recognize and treat decompression illnesses
and injuries. The attendants are under the direct supervision of the
hyperbaric supervisor and attending physician. In addition, procedures
include medical screening and review of prospective compressed-air
workers (CAWs). The purpose of this screening procedure is to vet
prospective CAWs with medical conditions (e.g., deep vein thrombosis,
poor vascular circulation, and muscle cramping) that could be
aggravated by sitting in a cramped space (e.g., a man-lock) for
extended periods or by exposure to elevated pressures and compressed
gas mixtures. A transportable recompression chamber (shuttle) is
available to extract workers from the hyperbaric working chamber for
emergency evacuation and medical treatment; the shuttle attaches to the
topside medical lock, which is a large recompression chamber. The
applicant believes that the procedures included in the HOM provide safe
work conditions when interventions are necessary, including
interventions above 50 p.s.i. or 50 p.s.i.g.
    OSHA comprehensively reviewed the project-specific HOM and
determined that the safety and health instructions and measures it
specifies are appropriate, conform with the conditions in the 2016
Variance, and adequately protect the safety and health of the CAWs.

C. Variance From Paragraph (f)(1) of 29 CFR 1926.803, Requirement To
Use OSHA Decompression Tables

    OSHA's compressed-air standard for construction requires
decompression in accordance with the decompression tables in Appendix A
of 29 CFR 1926, subpart S (see 29 CFR 1926.803(f)(1)). As an
alternative to the OSHA decompression tables, the applicant proposes to
use newer decompression schedules (the 1992 French Decompression
Tables) that rely on staged decompression and supplement breathing air
used during decompression with air or oxygen (as appropriate).\4\ The
applicant asserts decompression protocols using the 1992 French
Decompression Tables for air or oxygen as specified by the Alexandria
RiverRenew Tunnel Project-specific HOM are safer for tunnel workers
than the decompression protocols specified in Appendix A of 29 CFR
1926, subpart S. Accordingly, the applicant would commit to following
the decompression procedures described in that HOM, which would require
it to follow the 1992 French Decompression Tables to decompress
compressed-air worker (CAWs) after they exit the hyperbaric conditions
in the working chamber.
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    \4\ In 1992, the French Ministry of Labour replaced the 1974
French Decompression Tables with the 1992 French Decompression
Tables, which differ from OSHA's decompression tables in Appendix A
by using: (1) staged decompression as opposed to continuous (linear)
decompression; (2) decompression tables based on air or both air and
pure oxygen; and (3) emergency tables when unexpected exposure times
occur (up to 30 minutes above the maximum allowed working time).
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    Depending on the maximum working pressure and exposure times, the
1992 French Decompression Tables provide for air decompression with or
without oxygen. Traylor asserts that oxygen decompression has many
benefits, including (1) keeping the partial pressure of nitrogen in the
lungs as low as possible; (2) keeping external pressure as low as
possible to reduce the formation of bubbles in the blood; (3) removing
nitrogen from the lungs and arterial blood and increasing the rate of
nitrogen elimination; (4) improving the quality of breathing during
decompression stops so that workers are less tired and to prevent bone
necrosis; (5) reducing decompression time by about 33 percent as
compared to air decompression; and (6) reducing inflammation.
    In addition, the project-specific HOM requires a physician
certified in hyperbaric medicine to manage the medical condition of
CAWs during hyperbaric exposures and decompression. A trained and
experienced man-lock attendant is also required to be present during
hyperbaric exposures and decompression. This man-lock attendant is to
operate the hyperbaric system to ensure compliance with the specified
decompression table. A hyperbaric supervisor (competent person), who is
trained in hyperbaric operations, procedures, and safety, directly
oversees all hyperbaric interventions and ensures that staff

follow the procedures delineated in the HOM or by the attending
physician.

D. Variance From Paragraph (g)(1)(iii) of 29 CFR 1926.803,
Automatically Regulated Continuous Decompression

    TSJV is applying for a permanent variance from the OSHA standard at
29 CFR 1926.803(g)(1)(iii), which requires automatic controls to
regulate decompression. As noted above, the applicant is committed to
conducting the staged decompression according to the 1992 French
Decompression Tables under the direct control of the trained man-lock
attendant and under the oversight of the hyperbaric supervisor.
    Breathing air under hyperbaric conditions increases the amount of
nitrogen gas dissolved in a CAW's tissues. The greater the hyperbaric
pressure under these conditions and the more time spent under the
increased pressure, the greater the amount of nitrogen gas dissolved in
the tissues. When the pressure decreases during decompression, tissues
release the dissolved nitrogen gas into the blood system, which then
carries the nitrogen gas to the lungs for elimination through
exhalation. Releasing hyperbaric pressure too rapidly during
decompression can increase the size of the bubbles formed by nitrogen
gas in the blood system, resulting in decompression illness (DCI),
commonly referred to as ``the bends.'' This description of the etiology
of DCI is consistent with current scientific theory and research on the
issue (see footnote 16 in this notice discussing a 1985 NIOSH report on
DCI).
    The 1992 French Decompression Tables proposed for use by the
applicant provide for stops during worker decompression (i.e., staged
decompression) to control the release of nitrogen gas from tissues into
the blood system. Studies show that staged decompression, in
combination with other features of the 1992 French Decompression Tables
such as the use of oxygen, result in a lower incidence of DCI than the
use of automatically regulated continuous decompression.\5\ In
addition, the applicant asserts that staged decompression administered
in accordance with its HOM is at least as effective as an automatic
controller in regulating the decompression process because the HOM
includes a hyperbaric supervisor (a competent person experienced and
trained in hyperbaric operations, procedures, and safety) who directly
supervises all hyperbaric interventions and ensures that the man-lock
attendant, who is a competent person in the manual control of
hyperbaric systems, follows the schedule specified in the decompression
tables, including stops.
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    \5\ See, e.g., Dr. Eric Kindwall, EP (1997), Compressed air
tunneling and caisson work decompression procedures: development,
problems, and solutions. Undersea and Hyperbaric Medicine, 24(4),
pp. 337-345. This article reported 60 treated cases of DCI among
4,168 exposures between 19 and 31 p.s.i.g. over a 51-week contract
period, for a DCI incidence of 1.44% for the decompression tables
specified by the OSHA standard. Dr. Kindwall notes that the use of
automatically regulated continuous decompression in the Washington
State safety standards for compressed-air work (from which OSHA
derived its decompression tables) was at the insistence of
contractors and the union, and against the advice of the expert who
calculated the decompression table and recommended using staged
decompression. Dr. Kindwall then states, ``Continuous decompression
is inefficient and wasteful. For example, if the last stage from 4
p.s.i.g. . . . to the surface took 1h, at least half the time is
spent at pressures less than 2 p.s.i.g. . . ., which provides less
and less meaningful bubble suppression . . . .'' In addition, Dr.
Kindwall addresses the continuous-decompression protocol in the OSHA
compressed-air standard for construction, noting that ``[a]side from
the tables for saturation diving to deep depths, no other widely
used or officially approved diving decompression tables use straight
line, continuous decompressions at varying rates. Stage
decompression is usually the rule, since it is simpler to control.''
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E. Variance From Paragraph (g)(1)(xvii) of 29 CFR 1926.803, Requirement
of Special Decompression Chamber

    The OSHA compressed-air standard for construction requires
employers to use a special decompression chamber of sufficient size to
accommodate all CAWs being decompressed at the end of the shift when
total decompression time exceeds 75 minutes (see 29 CFR
1926.803(g)(1)(xvii)). Use of the special decompression chamber enables
CAWs to move about and flex their joints to prevent neuromuscular
problems during decompression.
    Space limitations in the TBM do not allow for the installation and
use of an additional special decompression lock or chamber. The
applicant proposes that it be permitted to rely on the man-locks and
staging chamber in lieu of adding a separate, special decompression
chamber. Because only a few workers out of the entire crew are exposed
to hyperbaric pressure, the man-locks (which, as noted earlier, connect
directly to the working chamber) and the staging chamber are of
sufficient size to accommodate all of the exposed workers during
decompression. The applicant uses the existing man-locks, each of which
adequately accommodates a three-member crew for this purpose when
decompression lasts up to 75 minutes. When decompression exceeds 75
minutes, crews can open the door connecting the two compartments in
each man-lock (during decompression stops) or exit the man-lock and
move into the staging chamber where additional space is available. The
applicant asserts that this alternative arrangement is as effective as
a special decompression chamber in that it has sufficient space for all
the CAWs at the end of a shift and enables the CAWs to move about and
flex their joints to prevent neuromuscular problems.

F. Multi-State Variance

    As previously stated in this notice, Traylor seeks a modified
permanent variance from several provisions of OSHA's standards
regulating work in compressed-air environments for TSJV's tunneling
work on the Alexandria RiverRenew Project in Alexandria, Virginia and
Washington, DC. The Commonwealth of Virginia has an OSHA-approved State
Plan.
    Twenty-eight state safety and health plans have been approved by
OSHA under section 18 of the OSH Act.\6\ Under 29 CFR 1902.8(c), an
employer may apply to Federal OSHA for a variance where a state
standard is identical to a federal standard addressed to the same
hazard, and the variance would be applicable to employment or places of
employment in more than one state, including at least one state with an
approved plan.
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    \6\ Six State Plans (Connecticut, Illinois, Maine, New Jersey,
New York, and the Virgin Islands) limit their occupational safety
and health authority to state and local employers only. State Plans
that exercise their occupational safety and health authority over
both public- and private-sector employers are: Alaska, Arizona,
California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan,
Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico,
South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and
Wyoming.
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    Traylor's variance modification application fits the parameters of
29 CFR 1902.8, and Federal OSHA's action on this application will be
deemed prospectively an authoritative interpretation of Traylor/TSJV's
compliance obligations regarding the applicable state standards in the
places of employment covered by the application. As part of the process
of evaluating this request to modify the previously granted permanent
variance, OSHA's Directorate of Cooperative and State Programs
requested approval from the Virginia State Plan regarding this
modification request. On May 26, 2022, the Virginia State Plan provided
notice to OSHA that it will honor OSHA's actions on the variance
modification request (see OSHA-2022-0009-0004).

III. Agency Preliminary Determinations

    After reviewing the proposed alternatives, OSHA has preliminarily

determined that the applicant's proposed alternatives on the whole,
subject to the conditions in the request and imposed by this Interim
Order, provide measures that are as safe and healthful as those
required by the cited OSHA standards addressed in section II of this
notice.
    In addition, OSHA has preliminarily determined that each of the
following alternatives are at least as effective as the specified OSHA
requirements:

A. 29 CFR 1926.803(e)(5)

    The applicant has developed, and proposed to implement, effective
alternative measures to the prohibition of using compressed air under
hyperbaric conditions exceeding 50 p.s.i. The proposed alternative
measures include use of engineering and administrative controls of the
hazards associated with work performed in compressed-air conditions
exceeding 50 p.s.i. while engaged in the construction of a subaqueous
tunnel using advance shielded mechanical-excavation techniques in
conjunction with the TBM. Prior to conducting interventions in the
TBM's pressurized working chamber, TSJV halts tunnel excavation and
prepares the machine and crew to conduct the interventions.
Interventions involve inspection, maintenance, or repair of the
mechanical-excavation components located in the working chamber.

B. 29 CFR 1926.803(f)(1)

    The applicant has proposed to implement equally effective
alternative measures to the requirement in 29 CFR 1926.803(f)(1) for
compliance with OSHA's decompression tables. The HOM specifies the
procedures and personnel qualifications for performing work safely
during the compression and decompression phases of interventions. The
HOM also specifies the decompression tables the applicant proposes to
use (the 1992 French Decompression Tables). Depending on the maximum
working pressure and exposure times during the interventions, the
tables provide for decompression using air, pure oxygen, or a
combination of air and oxygen. The decompression tables also include
delays or stops for various time intervals at different pressure levels
during the transition to atmospheric pressure (i.e., staged
decompression). In all cases, a physician certified in hyperbaric
medicine will manage the medical condition of CAWs during
decompression. In addition, a trained and experienced man-lock
attendant, experienced in recognizing decompression sickness or
illnesses and injuries, will be present. Of key importance, a
hyperbaric supervisor (competent person), trained in hyperbaric
operations, procedures, and safety, will directly supervise all
hyperbaric operations to ensure compliance with the procedures
delineated in the project-specific HOM or by the attending physician.
    As it did when granting the five previous permanent variances to
IHP JV, Traylor JV, Tully JV, Salini-Impregilo Joint Venture, and
Ballard, OSHA conducted a review of the scientific literature and
concluded that the alternative decompression method (i.e., the 1992
French Decompression Tables) TSJV proposed would be at least as safe as
the decompression tables specified by OSHA when applied by trained
medical personnel under the conditions that would be imposed by the
2016 Variance.
    Some of the literature indicates that the alternative decompression
method may be safer, concluding that decompression performed in
accordance with these tables resulted in a lower occurrence of DCI than
decompression conducted in accordance with the decompression tables
specified by the standard. For example, H. L. Anderson studied the
occurrence of DCI at maximum hyperbaric pressures ranging from 4
p.s.i.g. to 43 p.s.i.g. during construction of the Great Belt Tunnel in
Denmark (1992-1996).\7\ This project used the 1992 French Decompression
Tables to decompress the workers during part of the construction.
Anderson observed 6 DCI cases out of 7,220 decompression events, and
reported that switching to the 1992 French Decompression tables reduced
the DCI incidence to 0.08% compared to a previous incidence rate of
0.14%. The DCI incidence in the study by H. L. Andersen is
substantially less than the DCI incidence reported for the
decompression tables specified in Appendix A.
---------------------------------------------------------------------------

    \7\ Anderson HL (2002) Decompression sickness during
construction of the Great Belt tunnel, Denmark. Undersea and
Hyperbaric Medicine, 29(3), pp. 172-188.
---------------------------------------------------------------------------

    OSHA found no studies in which the DCI incidence reported for the
1992 French Decompression Tables were higher than the DCI incidence
reported for the OSHA decompression tables.\8\
---------------------------------------------------------------------------

    \8\ Le P[eacute]chon JC, Barre P, Baud JP, Ollivier F (September
1996). Compressed air work--French Tables 1992--operational results.
JCLP Hyperbarie Paris, Centre Medical Subaquatique Interentreprise,
Marseille: Communication a l'EUBS, pp. 1-5 (see Ex. OSHA-2012-0036-
0005).
---------------------------------------------------------------------------

    OSHA's experience with the previous five variances, which all
incorporated nearly identical decompression plans and did not result in
safety issues, also provide evidence that the alternative procedure as
a whole is at least as effective for this type of tunneling project as
compliance with OSHA's decompression tables. The experience of State
Plans \9\ that either granted variances (Nevada, Oregon and Washington)
\10\ or promulgated a new standard (California) \11\ for hyperbaric
exposures occurring during similar subaqueous tunnel-construction work,
provide additional evidence of the effectiveness of this alternative
procedure.
---------------------------------------------------------------------------

    \9\ Under Section 18 of the OSH Act, Congress expressly provides
that States and U.S. territories may adopt, with Federal approval, a
plan for the development and enforcement of occupational safety and
health standards. OSHA refers to such States and territories as
``State Plan States'' Occupational safety and health standards
developed by State Plan States must be at least as effective in
providing safe and healthful employment and places of employment as
the Federal standards (29 U.S.C. 667).
    \10\ These state variances are available in the docket for the
2015 Traylor JV variance: Exs. OSHA-2012-0035-0006 (Nevada), OSHA-
2012-0035-0005 (Oregon), and OSHA-2012-0035-0004 (Washington).
    \11\ See California Code of Regulations, Title 8, Subchapter 7,
Group 26, Article 154, available at http://www.dir.ca.gov/title8/sb7g26a154.html.
---------------------------------------------------------------------------

C. 29 CFR 1926.803(g)(1)(iii)

    The applicant developed, and proposed to implement, an equally
effective alternative to 29 CFR 1926.803(g)(1)(iii), which requires the
use of automatic controllers that continuously decrease pressure to
achieve decompression in accordance with the tables specified by the
standard. The applicant's alternative includes using the 1992 French
Decompression Tables for guiding staged decompression to achieve lower
occurrences of DCI, using a trained and competent attendant for
implementing appropriate hyperbaric entry and exit procedures, and
providing a competent hyperbaric supervisor and attending physician
certified in hyperbaric medicine to oversee all hyperbaric operations.
    In reaching this preliminary conclusion, OSHA again notes the
experience of previous nearly identical tunneling variances, the
experiences of State Plan States, and a review of the literature and
other information noted earlier.

D. 29 CFR 1926.803(g)(1)(xvii)

    The applicant developed, and proposed to implement, an effective
alternative to the use of the special decompression chamber required by
29 CFR 1926.803(g)(1)(xvii). The TBM's man-lock and working chamber
appear

to satisfy all of the conditions of the special decompression chamber,
including that they provide sufficient space for the maximum crew of
three CAWs to stand up and move around, and safely accommodate
decompression times up to 360 minutes. Therefore, again noting OSHA's
previous experience with nearly identical variances including the same
alternative, OSHA preliminarily determined that the TBM's man-lock and
working chamber function as effectively as the special decompression
chamber required by the standard.
    Pursuant to section 6(d) of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 655), and based on the record discussed above, the
agency preliminarily finds that when the employer complies with the
conditions of the proposed modified variance, the working conditions of
the employer's workers would be at least as safe and healthful as if
the employer complied with the working conditions specified by
paragraphs (e)(5), (f)(1), (g)(1)(iii), and (g)(1)(xvii) of 29 CFR
1926.803.

IV. Grant of Interim Order, Proposal for Modification of Permanent
Variance, and Request for Comment

    OSHA hereby announces the preliminary decision to grant an Interim
Order modifying the previously granted permanent variance (81 FR
12954), March 11, 2016 to include a new Joint Venture Partner, Shea and
a new tunneling project, the Alexandria RiverRenew project in
Alexandria, VA and Washington, DC. This Interim Order permits TSJV's
CAWs to perform interventions in hyperbaric conditions not exceeding
52.5 p.s.i.g. during the Alexandria RiverRenew Tunnel Project, subject
to the conditions that follow in this document. This Interim Order will
remain in effect until completion of the Alexandria RiverRenew Tunnel
Project or until the agency modifies or revokes the Interim Order or
makes a final decision on the application for a modified permanent
variance. During the period starting with the publication of this
notice until completion of the Alexandria RiverRenew Tunnel, or until
the agency modifies or revokes the Interim Order or makes a final
decision on the application for a modification of permanent variance,
TSJV is required to comply fully with the conditions of the Interim
Order as an alternative to complying with the following requirements of
29 CFR 1926.803 (hereafter, ``the standard'') that:
    1. Prohibit Exposure to Pressure Greater than 50 p.s.i. (29 CFR
1926.803(e)(5));
    2. Require the use of decompression values specified by the
decompression tables in Appendix A of the compressed-air standard (29
CFR 1926.803(f)(1));
    3. Require the use of automated operational controls (29 CFR
1926.803(g)(1)(iii)); and
    4. Require the use of a special decompression chamber
(1926.803(g)(1)(xvii)).
    In order to avail itself of the Interim Order, TSJV must: (1)
comply with the conditions listed in the Interim Order for the period
starting with the grant of the Interim Order and ending with TSJV's
completion of the Alexandria RiverRenew Tunnel Project (or until the
agency modifies or revokes the Interim Order or makes a decision on its
application for a modified permanent variance); (2) comply fully with
all other applicable provisions of 29 CFR part 1926; and (3) provide a
copy of this Federal Register notice to all employees affected by the
proposed conditions, including the affected employees of other
employers, using the same means it used to inform these employees of
its application for a modified permanent variance.
    OSHA is also proposing that the same requirements (see above
section III, parts A through D) would apply to a modified permanent
variance if OSHA ultimately issues one for this project. OSHA requests
comment on those conditions as well as OSHA's preliminary determination
that the specified alternatives and conditions would provide a
workplace as safe and healthful as those required by the standard from
which a variance is sought. After reviewing comments, OSHA will publish
in the Federal Register the agency's final decision approving or
rejecting the request for a modified permanent variance.

V. Description of the Specified Conditions of the Interim Order and the
Application for a Modified Permanent Variance

    This section describes the alternative means of compliance with 29
CFR 1926.803(e)(5),(f)(1), (g)(1)(iii), and (g)(1)(xvii) and provides
additional detail regarding the proposed conditions that form the basis
of Traylor's application for an Interim Order and for a modified
permanent variance. The conditions are listed in Section VI. For
brevity, the discussion that follows refers only to the modified
permanent variance, but the same conditions apply to the Interim Order.

Proposed Condition A: Scope

    The scope of the proposed modified permanent variance would limit
coverage to the work situations specified. Clearly defining the scope
of the proposed modified permanent variance provides Traylor, TSJV's
employees, potential future applicants, other stakeholders, the public,
and OSHA with necessary information regarding the work situations in
which the proposed modified permanent variance would apply. To the
extent that Traylor or TSJV exceeds the defined scope of this variance,
it would be required to comply with OSHA's standards.
    Pursuant to 29 CFR 1905.11, an employer (or class or group of
employers) \12\ may request a permanent variance for a specific
workplace or workplaces. If OSHA approves a permanent variance, it
would apply only to the specific employer(s) that submitted the
application and only to the specific workplace or workplaces designated
as part of the project. In this instance, if OSHA were to grant a
modified permanent variance, it would apply to only the applicant,
Traylor and TSJV, and only the Alexandria RiverRenew Tunnel Project.
---------------------------------------------------------------------------

    \12\ A class or group of employers (such as members of a trade
alliance or association) may apply jointly for a variance provided
an authorized representative for each employer signs the application
and the application identifies each employer's affected facilities.
---------------------------------------------------------------------------

Proposed Condition B: Duration

    The Interim Order is only intended as a temporary measure pending
OSHA's decision on the modified permanent variance, so this condition
specifies the duration of the Order. If OSHA approves a modified
permanent variance, it would specify the duration of the modified
permanent variance as the remainder of the Alexandria RiverRenew Tunnel
Project.

Proposed Condition C: List of Abbreviations

    Proposed condition C defines a number of abbreviations used in the
proposed modified permanent variance. OSHA believes that defining these
abbreviations serves to clarify and standardize their usage, thereby
enhancing the applicant's and its employees' understanding of the
conditions specified by the proposed modified permanent variance.

Proposed Condition D: Definitions

    The proposed condition defines a series of terms, mostly technical
terms, used in the proposed modified permanent variance to standardize
and

clarify their meaning. OSHA believes that defining these terms serves
to enhance the applicant's and its employees' understanding of the
conditions specified by the proposed modified permanent variance.

Proposed Condition E: Safety and Health Practices

    This proposed condition requires the applicant to develop and
submit to OSHA an HOM specific to the Alexandria RiverRenew Tunnel
Project at least six months before using the TBM for tunneling
operations. The applicant must also submit, at least six months before
using the TBM, proof that the TBM's hyperbaric chambers have been
designed, fabricated, inspected, tested, marked, and stamped in
accordance with the requirements of ASME PVHO-1.2019 (or the most
recent edition of Safety Standards for Pressure Vessels for Human
Occupancy). These requirements ensure that the applicant develops
hyperbaric safety and health procedures suitable for the project.
    The submission of the HOM to OSHA, which TSJV has already
completed, enables OSHA to determine whether the safety and health
instructions and measures it specifies are appropriate to the field
conditions of the tunnel (including expected geological conditions),
conform to the conditions of the variance, and adequately protect the
safety and health of the CAWs. It also facilitates OSHA's ability to
ensure that the applicant is complying with these instructions and
measures. The requirement for proof of compliance with ASME PVHO-1.2019
is intended to ensure that the equipment is structurally sound and
capable of performing to protect the safety of the employees exposed to
hyperbaric pressure.
    Additionally, the proposed condition includes a series of related
hazard prevention and control requirements and methods (e.g.,
decompression tables, job hazard analyses (JHA), operations and
inspections checklists, incident investigation, and recording and
notification to OSHA of recordable hyperbaric injuries and illnesses)
designed to ensure the continued effective functioning of the
hyperbaric equipment and operating system.

Proposed Condition F: Communication

    This proposed condition requires the applicant to develop and
implement an effective system of information sharing and communication.
Effective information sharing and communication are intended to ensure
that affected workers receive updated information regarding any safety-
related hazards and incidents, and corrective actions taken, prior to
the start of each shift. The proposed condition also requires the
applicant to ensure that reliable means of emergency communications are
available and maintained for affected workers and support personnel
during hyperbaric operations. Availability of such reliable means of
communications would enable affected workers and support personnel to
respond quickly and effectively to hazardous conditions or emergencies
that may develop during TBM operations.

Proposed Condition G: Worker Qualification and Training

    This proposed condition requires the applicant to develop and
implement an effective qualification and training program for affected
workers. The proposed condition specifies the factors that an affected
worker must know to perform safely during hyperbaric operations,
including how to enter, work in, and exit from hyperbaric conditions
under both normal and emergency conditions. Having well-trained and
qualified workers performing hyperbaric intervention work is intended
to ensure that they recognize, and respond appropriately to, hyperbaric
safety and health hazards. These qualification and training
requirements enable affected workers to cope effectively with
emergencies, as well as the discomfort and physiological effects of
hyperbaric exposure, thereby preventing worker injury, illness, and
fatalities.
    Paragraph (2)(e) of this proposed condition requires the applicant
to provide affected workers with information they can use to contact
the appropriate healthcare professionals if the workers believe they
are developing hyperbaric-related health effects. This requirement
provides for early intervention and treatment of DCI and other health
effects resulting from hyperbaric exposure, thereby reducing the
potential severity of these effects.

Proposed Condition H: Inspections, Tests, and Accident Prevention

    Proposed Condition H requires the applicant to develop, implement,
and operate a program of frequent and regular inspections of the TBM's
hyperbaric equipment and support systems, and associated work areas.
This condition would help to ensure the safe operation and physical
integrity of the equipment and work areas necessary to conduct
hyperbaric operations. The condition would also enhance worker safety
by reducing the risk of hyperbaric-related emergencies.
    Paragraph (3) of this proposed condition requires the applicant to
document tests, inspections, corrective actions, and repairs involving
the TBM, and maintain these documents at the jobsite for the duration
of the job. This requirement would provide the applicant with
information needed to schedule tests and inspections to ensure the
continued safe operation of the equipment and systems, and to determine
that the actions taken to correct defects in hyperbaric equipment and
systems were appropriate, prior to returning them to service.

Proposed Condition I: Compression and Decompression

    This proposed condition would require the applicant to consult with
the designated medical advisor regarding special compression or
decompression procedures appropriate for any unacclimated CAW and then
implement the procedures recommended by the medical consultant. This
proposed provision would ensure that the applicant consults with the
medical advisor, and involves the medical advisor in the evaluation,
development, and implementation of compression or decompression
protocols appropriate for any CAW requiring acclimation to the
hyperbaric conditions encountered during TBM operations. Accordingly,
CAWs requiring acclimation would have an opportunity to acclimate prior
to exposure to these hyperbaric conditions. OSHA believes this
condition would prevent or reduce adverse reactions among CAWs to the
effects of compression or decompression associated with the
intervention work they perform in the TBM.

Proposed Condition J: Recordkeeping

    Under OSHA's existing recordkeeping requirements in 29 CFR part
1904 regarding Recording and Reporting Occupational Injuries and
Illnesses, the employer must maintain a record of any recordable
injury, illness, or fatality (as defined by 29 CFR part 1904) resulting
from exposure of an employee to hyperbaric conditions by completing the
OSHA Form 301 Incident Report and OSHA Form 300 Log of Work Related
Injuries and Illnesses. The applicant did not seek a variance from this
standard and therefore TSJV must comply fully with those requirements.
    Examples of important information to include on the OSHA Form 301
Injury and Illness Incident Report (along with the corresponding
question on the form) are:
Q14
 the task performed;

 the composition of the gas mixture (e.g., air or oxygen);
 an estimate of the CAW's workload;
 the maximum working pressure;
 temperature in the work and decompression environments;
 unusual occurrences, if any, during the task or decompression
Q15
 time of symptom onset;
 duration between decompression and onset of symptoms
Q16
 type and duration of symptoms;
 a medical summary of the illness or injury
Q17
 duration of the hyperbaric intervention;
 possible contributing factors;
 the number of prior interventions completed by the injured or
ill CAW; and the pressure to which the CAW was exposed during those
interventions.\13\
---------------------------------------------------------------------------

    \13\ See 29 CFR 1904 Recording and Reporting Occupational
Injuries and Illnesses (http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9631); recordkeeping
forms and instructions (http://www.osha.gov/recordkeeping/RKform300pkg-fillable-enabled.pdf); and OSHA Recordkeeping Handbook
(http://www.osha.gov/recordkeeping/handbook/index.html).

    Proposed Condition J would add additional reporting
responsibilities, beyond those already required by the OSHA standard.
The applicant would be required to maintain records of specific factors
associated with each hyperbaric intervention. The information gathered
and recorded under this provision, in concert with the information
provided under proposed Condition K (using OSHA Form 301 Injury and
Illness Incident Report to investigate and record hyperbaric recordable
injuries as defined by 29 CFR 1904.4, 1904.7, 1904.8-1904.12), would
enable the applicant and OSHA to assess the effectiveness of the
modified permanent variance in preventing DCI and other hyperbaric-
related effects.

Proposed Condition K: Notifications

    Under the proposed condition, the applicant is required, within
specified periods of time, to notify OSHA of: (1) any recordable
injury, illness, in-patient hospitalization, amputation, loss of an
eye, or fatality that occurs as a result of hyperbaric exposures during
TBM operations; (2) provide OSHA a copy of the hyperbaric exposures
incident investigation report (using OSHA Form 301 Injury and Illness
Incident Report) of these events within 24 hours of the incident; (3)
include on OSHA Form 301 Injury and Illness Incident Report information
on the hyperbaric conditions associated with the recordable injury or
illness, the root-cause determination, and preventive and corrective
actions identified and implemented; (4) provide the certification that
affected workers were informed of the incident and the results of the
incident investigation; (5) notify OSHA's Office of Technical Programs
and Coordination Activities (OTPCA) and the OSHA Area Offices in
Norfolk, Virginia and Baltimore/Washington within 15 working days
should the applicant need to revise the HOM to accommodate changes in
its compressed-air operations that affect TSJVs ability to comply with
the conditions of the proposed modified permanent variance; and (6)
provide OTPCA and the OSHA Area Offices in Norfolk, Virginia and
Baltimore/Washington, at the end of the project, with a report
evaluating the effectiveness of the decompression tables.
    It should be noted that the requirement for completing and
submitting the hyperbaric exposure-related (recordable) incident
investigation report (OSHA 301 Injury and Illness Incident Report) is
more restrictive than the current recordkeeping requirement of
completing OSHA Form 301 Injury and Illness Incident Report within 7
calendar days of the incident (1904.29(b)(3)). This modified, more
stringent incident investigation and reporting requirement is
restricted to intervention-related hyperbaric (recordable) incidents
only. Providing rapid notification to OSHA is essential because time is
a critical element in OSHA's ability to determine the continued
effectiveness of the variance conditions in preventing hyperbaric
incidents, and the applicant's identification and implementation of
appropriate corrective and preventive actions.
    Further, these notification requirements also enable the applicant,
its employees, and OSHA to assess the effectiveness of the modified
permanent variance in providing the requisite level of safety to the
applicant's workers and, based on this assessment, whether to revise or
revoke the conditions of the proposed modified permanent variance.
Timely notification permits OSHA to take whatever action may be
necessary and appropriate to prevent possible further injuries and
illnesses. Providing notification to employees informs them of the
precautions taken by the applicant to prevent similar incidents in the
future.
    Additionally, this proposed condition requires the applicant to
notify OSHA if it ceases to do business, has a new address or location
for the main office, or transfers the operations covered by the
proposed modified permanent variance to a successor company. In
addition, the condition specifies that the transfer of the modified
permanent variance to a successor company must be approved by OSHA.
These requirements allow OSHA to communicate effectively with the
applicant regarding the status of the proposed modified permanent
variance, and expedite the agency's administration and enforcement of
the modified permanent variance. Stipulating that an applicant is
required to have OSHA's approval to transfer a variance to a successor
company provides assurance that the successor company has knowledge of,
and will comply with, the conditions specified by proposed modified
permanent variance, thereby ensuring the safety of workers involved in
performing the operations covered by the proposed modified permanent
variance.

VI. Specific Conditions of the Interim Order and the Proposed Modified
Permanent Variance

    The following conditions apply to the Interim Order OSHA is
granting to Traylor/TSJV for the Alexandria RiverRenew Tunnel Project.
These conditions specify the alternative means of compliance with the
requirements of paragraphs 29 CFR 1926.803(e)(5), (f)(1), (g)(1)(iii),
and (g)(1)(xvii). In addition, these conditions are specific to the
alternative means of compliance with these requirements that OSHA is
proposing for Traylor/TSJV's modified permanent variance. To simplify
the presentation of the conditions, OSHA generally refers only to the
conditions of the proposed modified permanent variance, but the same
conditions apply to the Interim Order except where otherwise noted.\14\
---------------------------------------------------------------------------

    \14\ In these conditions, OSHA is using the future conditional
form of the verb (e.g., ``would''), which pertains to the
application for a modified permanent variance (designated as
``Permanent Variance'') but the conditions are mandatory for
purposes of the Interim Order.
---------------------------------------------------------------------------

    The conditions would apply with respect to all employees of TSJV
exposed to hyperbaric conditions. These conditions are outlined in this
Section:

A. Scope

    The Interim Order applies, and the Modified Permanent Variance
would apply, only when TSJV stops the tunnel-

boring work, pressurizes the working chamber, and the CAWs either enter
the working chamber to perform an intervention (i.e., inspect,
maintain, or repair the mechanical-excavation components), or exit the
working chamber after performing interventions.
    The Interim Order and proposed modified permanent variance apply
only to work:
    1. That occurs in conjunction with construction of the Alexandria
RiverRenew Tunnel Project, a tunnel constructed using advanced shielded
mechanical-excavation techniques and involving operation of an TBM;
    2. In the TBM's forward section (the working chamber) and
associated hyperbaric chambers used to pressurize and decompress
employees entering and exiting the working chamber; and
    3. Performed in compliance with all applicable provisions of 29 CFR
part 1926 except for the requirements specified by 29 CFR
1926.803(e)(5),(f)(1), (g)(1)(iii), and (g)(1)(xvii).

B. Duration

    The Interim Order granted to Traylor will remain in effect until
TSJV completes the Alexandria RiverRenew Tunnel Project, OSHA modifies
or revokes this Interim Order, or OSHA grants Traylor's request for a
modified permanent variance in accordance with 29 CFR 1905.13. The
proposed modified permanent variance, if granted, would remain in
effect until the completion of TSJV's Alexandria RiverRenew Tunnel
Project.

C. List of Abbreviations

    Abbreviations used throughout this proposed modified permanent
variance would include the following:

1. CAW--Compressed-air worker
2. CFR--Code of Federal Regulations
3. DCI--Decompression Illness
4. DMT--Diver Medical Technician
5. TBM--Earth Pressure Balanced Tunnel Boring Machine
6. HOM--Hyperbaric Operations Manual
7. JHA--Job hazard analysis
8. OSHA--Occupational Safety and Health Administration
9. OTPCA--Office of Technical Programs and Coordination Activities

D. Definitions

    The following definitions would apply to this proposed modified
permanent variance. These definitions would supplement the definitions
in TSJV's project-specific HOM.
    1. Affected employee or worker--an employee or worker who is
affected by the conditions of this proposed modified permanent
variance, or any one of his or her authorized representatives. The term
``employee'' has the meaning defined and used under the Occupational
Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
    2. Atmospheric pressure--the pressure of air at sea level,
generally 14.7 pounds per square inch absolute (p.s.i.a)., 1 atmosphere
absolute, or 0 p.s.i.g.
    3. Compressed-air worker--an individual who is specially trained
and medically qualified to perform work in a pressurized environment
while breathing air at pressures not exceeding 52.5 p.s.i.g.
    4. Competent person--an individual who is capable of identifying
existing and predictable hazards in the surroundings or working
conditions that are unsanitary, hazardous, or dangerous to employees,
and who has authorization to take prompt corrective measures to
eliminate them.\15\
---------------------------------------------------------------------------

    \15\ Adapted from 29 CFR 1926.32(f).
---------------------------------------------------------------------------

    5. Decompression illness--an illness (also called decompression
sickness or ``the bends'') caused by gas bubbles appearing in body
compartments due to a reduction in ambient pressure. Examples of
symptoms of decompression illness include, but are not limited to:
joint pain (also known as the ``bends'' for agonizing pain or the
``niggles'' for slight pain); areas of bone destruction (termed
dysbaric osteonecrosis); skin disorders (such as cutis marmorata, which
causes a pink marbling of the skin); spinal cord and brain disorders
(such as stroke, paralysis, paresthesia, and bladder dysfunction);
cardiopulmonary disorders, such as shortness of breath; and arterial
gas embolism (gas bubbles in the arteries that block blood flow).\16\
---------------------------------------------------------------------------

    \16\ See Appendix 10 of ``A Guide to the Work in Compressed-Air
Regulations 1996,'' published by the United Kingdom Health and
Safety Executive available from NIOSH at http://www.cdc.gov/niosh/docket/archive/pdfs/NIOSH-254/compReg1996.pdf
---------------------------------------------------------------------------

    Note: Health effects associated with hyperbaric intervention, but
not considered symptoms of DCI, can include: barotrauma (direct damage
to air-containing cavities in the body such as ears, sinuses, and
lungs); nitrogen narcosis (reversible alteration in consciousness that
may occur in hyperbaric environments and is caused by the anesthetic
effect of certain gases at high pressure); and oxygen toxicity (a
central nervous system condition resulting from the harmful effects of
breathing molecular oxygen (O2) at elevated partial
pressures).
    6. Diver Medical Technician--Member of the dive team who is
experienced in first aid.
    7. Earth Pressure Balanced Tunnel Boring Machine--the machinery
used to excavate a tunnel.
    8. Hot work--any activity performed in a hazardous location that
may introduce an ignition source into a potentially flammable
atmosphere.\17\
---------------------------------------------------------------------------

    \17\ Also see 29 CFR 1910.146(b).
---------------------------------------------------------------------------

    9. Hyperbaric--at a higher pressure than atmospheric pressure.
    10. Hyperbaric intervention--a term that describes the process of
stopping the EPBTBM and preparing and executing work under hyperbaric
pressure in the working chamber for the purpose of inspecting,
replacing, or repairing cutting tools and/or the cutterhead structure.
    11. Hyperbaric Operations Manual--a detailed, project-specific
health and safety plan developed and implemented by TSJV for working in
compressed air during the Alexandria RiverRenew Tunnel Project.
    12. Job hazard analysis--an evaluation of tasks or operations to
identify potential hazards and to determine the necessary controls.
    13. Man-lock--an enclosed space capable of pressurization, and used
for compressing or decompressing any employee or material when either
is passing into, or out of, a working chamber.
    14. Pressure--a force acting on a unit area. Usually expressed as
pounds per square inch (p.s.i.).
    15. p.s.i.a.--pounds per square inch absolute, or absolute
pressure, is the sum of the atmospheric pressure and gauge pressure. At
sea-level, atmospheric pressure is approximately 14.7 p.s.i.a. Adding
14.7 to a pressure expressed in units of p.s.i.g. will yield the
absolute pressure, expressed as p.s.i.a.
    16. p.s.i.g.--pounds per square inch gauge, a common unit of
pressure; pressure expressed as p.s.i.g. corresponds to pressure
relative to atmospheric pressure. At sea-level, atmospheric pressure is
approximately 14.7 p.s.i.a Subtracting 14.7 from a pressure expressed
in units of p.s.i.a. yields the gauge pressure, expressed as p.s.i.g.
At sea level the gauge pressure is 0 psig.
    17. Qualified person--an individual who, by possession of a
recognized degree, certificate, or professional standing, or who, by
extensive knowledge, training, and experience, successfully
demonstrates an ability to solve or resolve problems relating to the

subject matter, the work, or the project.\18\
---------------------------------------------------------------------------

    \18\ Adapted from 29 CFR 1926.32(m).
---------------------------------------------------------------------------

    18. Working chamber--an enclosed space in the TBM in which CAWs
perform interventions, and which is accessible only through a man-lock.

E. Safety and Health Practices

    1. TSJV would have to adhere to the project-specific HOM submitted
to OSHA as part of the application (see OSHA-2022-0009-0002). The HOM
provides the minimum requirements regarding expected safety and health
hazards (including anticipated geological conditions) and hyperbaric
exposures during the tunnel-construction project.
    2. TSJV would have to demonstrate that the TBM on the project is
designed, fabricated, inspected, tested, marked, and stamped in
accordance with the requirements of ASME PVHO-1.2019 (or most recent
edition of Safety Standards for Pressure Vessels for Human Occupancy)
for the TBM's hyperbaric chambers.
    3. TSJV would have to implement the safety and health instructions
included in the manufacturer's operations manuals for the TBM, and the
safety and health instructions provided by the manufacturer for the
operation of decompression equipment.
    4. TSJV would have to ensure that there are no exposures to
pressures greater than 52.5 p.s.i.g.
    5. TSJV would have to ensure that air or oxygen is the only
breathing gas in the working chamber.
    6. TSJV would have to follow the 1992 French Decompression Tables
for air or oxygen decompression as specified in the HOM; specifically,
the extracted portions of the 1992 French Decompression tables titled,
``French Regulation Air Standard Tables.''
    7. TSJV would have to equip man-locks used by employees with an air
or oxygen delivery system, as specified by the HOM for the project.
TSJV would be prohibited from storing in the tunnel any oxygen or other
compressed gases used in conjunction with hyperbaric work.
    8. Workers performing hot work under hyperbaric conditions would
have to use flame-retardant personal protective equipment and clothing.
    9. In hyperbaric work areas, TSJV would have to maintain an
adequate fire-suppression system approved for hyperbaric work areas.
    10. TSJV would have to develop and implement one or more Job Hazard
Analysis (JHA) for work in the hyperbaric work areas, and review,
periodically and as necessary (e.g., after making changes to a planned
intervention that affects its operation), the contents of the JHAs with
affected employees. The JHAs would have to include all the job
functions that the risk assessment \19\ indicates are essential to
prevent injury or illness.
---------------------------------------------------------------------------

    \19\ See ANSI/AIHA Z10-2012, American National Standard for
Occupational Health and Safety Management Systems, for reference.
---------------------------------------------------------------------------

    11. TSJV would have to develop a set of checklists to guide
compressed-air work and ensure that employees follow the procedures
required by the proposed modified permanent variance and this Interim
Order (including all procedures required by the HOM approved by OSHA
for the project, which this proposed variance would incorporate by
reference). The checklists would have to include all steps and
equipment functions that the risk assessment indicates are essential to
prevent injury or illness during compressed-air work.
    12. TSJV would have to ensure that the safety and health provisions
of this project-specific HOM adequately protect the workers of all
contractors and subcontractors involved in hyperbaric operations for
the project to which the HOM applies.

F. Communication

    TSJV would have to:
    1. Prior to beginning a shift, implement a system that informs
workers exposed to hyperbaric conditions of any hazardous occurrences
or conditions that might affect their safety, including hyperbaric
incidents, gas releases, equipment failures, earth or rock slides,
cave-ins, flooding, fires, or explosions.
    2. Provide a power-assisted means of communication among affected
workers and support personnel in hyperbaric conditions where unassisted
voice communication is inadequate.
    (a) Use an independent power supply for powered communication
systems, and these systems would have to operate such that use or
disruption of any one phone or signal location will not disrupt the
operation of the system from any other location.
    (b) Test communication systems at the start of each shift and as
necessary thereafter to ensure proper operation.

G. Worker Qualifications and Training

    TSJV would have to:
    1. Ensure that each affected worker receives effective training on
how to safely enter, work in, exit from, and undertake emergency
evacuation or rescue from, hyperbaric conditions, and document this
training.
    2. Provide effective instruction on hyperbaric conditions, before
beginning hyperbaric operations, to each worker who performs work, or
controls the exposure of others, and document this instruction. The
instruction would need to include:
    (a) The physics and physiology of hyperbaric work;
    (b) Recognition of pressure-related injuries;
    (c) Information on the causes and recognition of the signs and
symptoms associated with decompression illness, and other hyperbaric
intervention-related health effects (e.g., barotrauma, nitrogen
narcosis, and oxygen toxicity);
    (d) How to avoid discomfort during compression and decompression;
    (e) Information the workers can use to contact the appropriate
healthcare professionals should the workers have concerns that they may
be experiencing adverse health effects from hyperbaric exposure; and
    (f) Procedures and requirements applicable to the employee in the
project-specific HOM.
    3. Repeat the instruction specified in paragraph (G) of this
proposed condition periodically and as necessary (e.g., after making
changes to its hyperbaric operations).
    4. When conducting training for its hyperbaric workers, make this
training available to OSHA personnel and notify the OTPCA at OSHA's
national office and OSHA's nearest affected Area Office(s) before the
training takes place.

H. Inspections, Tests, and Accident Prevention

    1. TSJV would have to initiate and maintain a program of frequent
and regular inspections of the TBM's hyperbaric equipment and support
systems (such as temperature control, illumination, ventilation, and
fire-prevention and fire-suppression systems), and hyperbaric work
areas, as required under 29 CFR 1926.20(b)(2), including:
    (a) Developing a set of checklists to be used by a competent person
in conducting weekly inspections of hyperbaric equipment and work
areas; and
    (b) Ensuring that a competent person conducts daily visual checks
and weekly inspections of the TBM.
    2. Remove from service any equipment that constitutes a safety
hazard until it corrects the hazardous condition and has the correction
approved by a qualified person.
    3. TSJV would have to maintain records of all tests and inspections
of the TBM, as well as associated

corrective actions and repairs, at the job site for the duration of the
job.

I. Compression and Decompression

    TSJV would have to consult with its attending physician concerning
the need for special compression or decompression exposures appropriate
for CAWs not acclimated to hyperbaric exposure.

J. Recordkeeping

    In addition to completing OSHA Form 301 Injury and Illness Incident
Report and OSHA Form 300 Log of Work-Related Injuries and Illnesses,
TSJV would have to maintain records of:
    1. The date, times (e.g., time compression started, time spent
compressing, time performing intervention, time spent decompressing),
and pressure for each hyperbaric intervention.
    2. The names of all supervisors and DMTs involved for each
intervention.
    3. The name of each individual worker exposed to hyperbaric
pressure and the decompression protocols and results for each worker.
    4. The total number of interventions and the amount of hyperbaric
work time at each pressure.
    5. The results of the post-intervention physical assessment of each
CAW for signs and symptoms of decompression illness, barotrauma,
nitrogen narcosis, oxygen toxicity or other health effects associated
with work in compressed air for each hyperbaric intervention.

K. Notifications

    1. To assist OSHA in administering the conditions specified herein,
TSJV would have to:
    (a) Notify the OTPCA and the OSHA Area Offices in Norfolk, Virginia
and Baltimore/Washington of any recordable injury, illness, or fatality
(by submitting the completed OSHA Form 301 Injuries and Illness
Incident Report) \20\ resulting from exposure of an employee to
hyperbaric conditions, including those that do not require
recompression treatment (e.g., nitrogen narcosis, oxygen toxicity,
barotrauma), but still meet the recordable injury or illness criteria
of 29 CFR 1904. The notification would have to be made within 8 hours
of the incident or 8 hours after becoming aware of a recordable injury,
illness, or fatality; a copy of the incident investigation (OSHA Form
301 Injuries and Illness Incident Report) must be submitted to OSHA
within 24 hours of the incident or 24 hours after becoming aware of a
recordable injury, illness, or fatality. In addition to the information
required by OSHA Form 301 Injuries and Illness Incident Report, the
incident-investigation report would have to include a root-cause
determination, and the preventive and corrective actions identified and
implemented.
---------------------------------------------------------------------------

    \20\ See footnote 13.
---------------------------------------------------------------------------

    (b) Provide certification to the OSHA Area Offices in Norfolk,
Virginia and Baltimore/Washington within 15 working days of the
incident that TSJV informed affected workers of the incident and the
results of the incident investigation (including the root-cause
determination and preventive and corrective actions identified and
implemented).
    (c) Notify the OTPCA and the OSHA Area Offices in Norfolk, Virginia
and Baltimore/Washington within 15 working days and in writing, of any
change in the compressed-air operations that affects TSJV's ability to
comply with the proposed conditions specified herein.
    (d) Upon completion of the Alexandria RiverRenew Tunnel Project,
evaluate the effectiveness of the decompression tables used throughout
the project, and provide a written report of this evaluation to the
OTPCA and the OSHA Area Offices in Norfolk, Virginia and Baltimore/
Washington.
    Note: The evaluation report would have to contain summaries of: (1)
The number, dates, durations, and pressures of the hyperbaric
interventions completed; (2) decompression protocols implemented
(including composition of gas mixtures (air and/or oxygen), and the
results achieved; (3) the total number of interventions and the number
of hyperbaric incidents (decompression illnesses and/or health effects
associated with hyperbaric interventions as recorded on OSHA Form 301
Injuries and Illness Incident Report and OSHA Form 300 Log of Work-
Related Injuries and Illnesses, and relevant medical diagnoses, and
treating physicians' opinions); and (4) root causes of any hyperbaric
incidents, and preventive and corrective actions identified and
implemented.
    (e) To assist OSHA in administering the proposed conditions
specified herein, inform the OTPCA and the OSHA Area Offices in
Norfolk, Virginia and Baltimore/Washington as soon as possible, but no
later than seven (7) days, after it has knowledge that it will:
    (i) Cease doing business;
    (ii) Change the location and address of the main office for
managing the tunneling operations specified herein; or
    (iii) Transfer the operations specified herein to a successor
company.
    (f) Notify all affected employees of this proposed modified
permanent variance by the same means required to inform them of its
application for a modified permanent variance.
    2. OSHA would have to approve the transfer of the proposed modified
permanent variance to a successor company through a new application for
a modified variance.

VII. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW, Washington,
DC 20210, authorized the preparation of this notice. Accordingly, the
agency is issuing this notice pursuant to 29 U.S.C. 655(6)(d),
Secretary of Labor's Order No. 8-2020 (85 FR 58393, Sept. 18, 2020),
and 29 CFR 1905.11.

    Signed at Washington, DC, on August 29, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-19118 Filed 9-2-22; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: March 18, 2010 (Volume 75, Number 52)]
[Rules and Regulations]
[Page 12979-12981]
[DOCID:fr18mr10-12]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

14 CFR Part 97

[Docket No. 30715; Amdt. No. 3365]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective March 18, 2010. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 18, 2010.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169, or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a),1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, and
Navigation (air).

    Issued in Washington, DC, on March 5, 2010.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal regulations, Part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for Part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
      AIRAC date           State              City                 Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
8-Apr-10.............  NY             ISLIP...............  LONG ISLAND MAC            9/9568      2/23/10  RNAV (GPS) RWY 6, ORIG.
                                                             ARTHUR.
8-Apr-10.............  ID             BOISE...............  BOISE AIR TERMINAL/        0/2553      2/23/10  LOC BC RWY 28L, AMDT 1.
                                                             GOWEN FLD.
8-Apr-10.............  ID             BOISE...............  BOISE AIR TERMINAL/        0/2554      2/23/10  VOR/DME OR TACAN RWY 10L, AMDT 1B.
                                                             GOWEN FLD.
8-Apr-10.............  ID             BOISE...............  BOISE AIR TERMINAL/        0/2556      2/23/10  ILS OR LOC RWY 10R, AMDT 10; ILS RWY 10R
                                                             GOWEN FLD.                                      (CAT II), AMDT 10.
8-Apr-10.............  MD             CLINTON.............  WASHINGTON EXECUTIVE/      0/4027      2/23/10  RNAV (GPS) RWY 5, ORIG.
                                                             HYDE FIELD.
8-Apr-10.............  KS             GREAT BEND..........  GREAT BEND MUNI.....       0/4495      2/23/10  NDB OR GPS A, AMDT 5.
8-Apr-10.............  SD             PIERRE..............  PIERRE REGIONAL.....       0/4897      2/16/10  ILS OR LOC RWY 31, AMDT 12A.
8-Apr-10.............  SD             BRITTON.............  BRITTON MUNI........       0/4899      2/16/10  RNAV (GPS) RWY 13, ORIG.
8-Apr-10.............  SD             BRITTON.............  BRITTON MUNI........       0/4900      2/16/10  RNAV (GPS) RWY 31, ORIG.
8-Apr-10.............  TX             AMARILLO............  RICK HUSBAND               0/4901      2/16/10  ILS RWY 4, AMDT 22.
                                                             AMARILLO INTL.
8-Apr-10.............  TX             AUSTIN..............  AUSTIN-BERGSTROM           0/4902      2/16/10  ILS OR LOC RWY 17R, AMDT 3.
                                                             INTL.
8-Apr-10.............  OK             HENRYETTA...........  HENRYETTA MUNI......       0/4941      2/16/10  RNAV (GPS) RWY 36, ORIG-A.
8-Apr-10.............  OK             NORMAN..............  UNIVERSITY OF              0/4943      2/16/10  NDB RWY 35, ORIG-B.
                                                             OKLAHOMA WESTHEIMER.
8-Apr-10.............  TX             LUBBOCK.............  LUBBOCK PRESTON            0/4968      2/16/10  VOR A, AMDT 6A.
                                                             SMITH INTL.
8-Apr-10.............  MT             HAMILTON............  RAVALLI COUNTY......       0/4994      2/23/10  RNAV (GPS) B, ORIG.
8-Apr-10.............  MT             HAMILTON............  RAVALLI COUNTY......       0/4997      2/23/10  RNAV (GPS) A, ORIG.
8-Apr-10.............  LA             DE QUINCY...........  DE QUINCY INDUSTRIAL       0/5003      2/16/10  NDB RWY 15, AMDT 1A.
                                                             AIRPARK.
8-Apr-10.............  LA             ALEXANDRIA..........  ALEXANDRIA INTL.....       0/5004      2/23/10  RNAV (GPS) RWY 36, ORIG.
8-Apr-10.............  LA             DE RIDDER...........  BEAUREGARD REGIONAL.       0/5005      2/16/10  RNAV (GPS) RWY 36, AMDT 1.
8-Apr-10.............  LA             DE RIDDER...........  BEAUREGARD REGIONAL.       0/5006      2/16/10  RNAV (GPS) RWY 18, ORIG.
8-Apr-10.............  LA             DE RIDDER...........  BEAUREGARD REGIONAL.       0/5007      2/16/10  NDB RWY 36, AMDT 5.
8-Apr-10.............  LA             DE RIDDER...........  BEAUREGARD REGIONAL.       0/5008      2/16/10  LOC RWY 36, AMDT 3.
8-Apr-10.............  LA             DE RIDDER...........  BEAUREGARD REGIONAL.       0/5056      2/16/10  RADAR-1, ORIG.
8-Apr-10.............  OH             AKRON...............  AKRON FULTON INTL...       0/5059      2/16/10  NDB OR GPS RWY 25, AMDT 13A.
8-Apr-10.............  OH             AKRON...............  AKRON FULTON INTL...       0/5060      2/16/10  LOC RWY 25, AMDT 13A.
8-Apr-10.............  OH             AKRON...............  AKRON FULTON INTL...       0/5061      2/16/10  TAKEOFF MINIMUMS AND
                                                                                OBSTACLE DP, AMDT 1.
8-Apr-10.............  IA             BURLINGTON..........  SOUTHEAST IOWA             0/5066      2/16/10  VOR RWY 30, AMDT 13.
                                                             REGIONAL.
8-Apr-10.............  IA             BURLINGTON..........  SOUTHEAST IOWA             0/5067      2/16/10  ILS OR LOC RWY 36, AMDT 10.
                                                             REGIONAL.
8-Apr-10.............  IA             BURLINGTON..........  SOUTHEAST IOWA             0/5068      2/16/10  VOR/DME RWY 12, AMDT 6.
                                                             REGIONAL.
8-Apr-10.............  IA             CLINTON.............  CLINTON MUNI........       0/5079      2/16/10  VOR RWY 3, AMDT 15.
8-Apr-10.............  IA             CLINTON.............  CLINTON MUNI........       0/5084      2/16/10  RNAV (GPS) RWY 21, ORIG.
8-Apr-10.............  IA             CLINTON.............  CLINTON MUNI........       0/5085      2/16/10  ILS RWY 3, AMDT 4A.
8-Apr-10.............  IA             CLINTON.............  CLINTON MUNI........       0/5086      2/16/10  RNAV (GPS) RWY 3, ORIG.
8-Apr-10.............  IA             CLINTON.............  CLINTON MUNI........       0/5087      2/16/10  VOR/DME RWY 21, AMDT 9A.
8-Apr-10.............  ME             PRESQUE ISLE........  NORTHERN MAINE             0/5151      2/16/10  VOR/DME RWY 1, AMDT 12A.
                                                             REGIONAL ARPT AT
                                                             PRESQUE IS.
8-Apr-10.............  WV             MARTINSBURG.........  EASTERN WV REGIONAL/       0/5197      2/16/10  VOR A, AMDT 9.
                                                             SHEPHERD.
8-Apr-10.............  TX             AMARILLO............  RICK HUSBAND               0/5201      2/16/10  RNAV (GPS) RWY 31, ORIG.
                                                             AMARILLO INTL.
8-Apr-10.............  TX             AUSTIN..............  AUSTIN-BERGSTROM           0/5203      2/16/10  ILS RWY 17L, AMDT 1.
                                                             INTL.
8-Apr-10.............  TX             AUSTIN..............  AUSTIN-BERGSTROM           0/5204      2/16/10  ILS RWY 35R, AMDT 1.
                                                             INTL.
8-Apr-10.............  PA             COLLEGEVILLE........  PERKIOMEN VALLEY....       0/5649      2/16/10  VOR A, ORIG.
8-Apr-10.............  MN             ST PAUL.............  ST PAUL DOWNTOWN           0/5661      2/16/10  ILS OR LOC RWY 14, AMDT 1.
                                                             HOLMAN FLD.
8-Apr-10.............  MI             LANSING.............  CAPITAL CITY........       0/6591      2/23/10  ILS OR LOC RWY 28L, AMDT 26.

8-Apr-10.............  AL             TUSCALOOSA..........  TUSCALOOSA REGIONAL.       0/6915      2/23/10  VOR OR TACAN RWY 22, AMDT 14C.
8-Apr-10.............  MI             SAGINAW.............  MBS INTL............       0/7049      2/23/10  ILS RWY 23, AMDT 4A.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2010-5284 Filed 3-17-10; 8:45 am]
BILLING CODE 4910-13-P