NASA Neutral Buoyancy Laboratory Operations Contract; Grant of Permanent Variance

Issuing agencies

Abstract

In this notice, OSHA grants a permanent variance to NASA's Neutral Buoyancy Laboratory Operations Contract (NOC or the applicants) from a provision of the OSHA standard that regulates commercial diving operations.

Full Text

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<title>Federal Register, Volume 91 Issue 161 (Friday, August 21, 2026)</title>
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[Federal Register Volume 91, Number 161 (Friday, August 21, 2026)]
[Notices]
[Pages 54387-54392]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17136]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2023-0009]


NASA Neutral Buoyancy Laboratory Operations Contract; Grant of 
Permanent Variance

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA grants a permanent variance to NASA's 
Neutral Buoyancy Laboratory Operations Contract (NOC or the applicants) 
from a provision of the OSHA standard that regulates commercial diving 
operations.

DATES: The permanent variance specified by this notice becomes 
effective on August 21, 2026 and shall remain in effect until it is 
modified or revoked, whichever occurs first.

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: (202) 693-1999; 
email: <a href="/cdn-cgi/l/email-protection#c5a8a0aca9acaba2a0b7eba3b7a4aba6acb6f785a1aaa9eba2aab3"><span class="__cf_email__" data-cfemail="3c5159555055525b594e125a4e5d525f554f0e7c585350125b534a">[email&#160;protected]</span></a>.
    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, phone: 
(202) 693-1911 or email: <a href="/cdn-cgi/l/email-protection#e0928f82898e938f8ece8b8596898ea0848f8cce878f96"><span class="__cf_email__" data-cfemail="bfcdd0ddd6d1ccd0d191d4dac9d6d1ffdbd0d391d8d0c9">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    Copies of this Federal Register notice: Electronic copies of this 
Federal Register notice are available at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 
This Federal Register notice, as well as news releases and other 
relevant information are also available at OSHA's web page at <a href="http://www.osha.gov">http://www.osha.gov</a>.

I. Overview

    OSHA's standards in subpart T of 29 CFR 1910 govern commercial 
diving operations. On April 6, 2022, the eight companies comprising 
NASA's Neutral Buoyancy Laboratory Operations Contract, Vertex TTS, 
Oceaneering International Inc., Bastion Technologies, Inc., Rothe 
Enterprises, Rothe Development, International Preparedness Associates, 
Inc., MRI, and EPro (collectively NOC or the applicants), submitted an 
application for a permanent variance under Section 6(d) of the 
Occupational Safety and Health Act of 1970 (OSH Act; 29 U.S.C. 655) and 
29 CFR 1905.11 (Variances and other relief under section 6(d)), from a 
provision of OSHA's commercial diving operations (CDO) standard that 
regulates the use of decompression chambers (Docket No. OSHA-2023-0009-
0001). NOC's application also requested an interim order pending OSHA's 
decision on the variance application. NOC is located at 13000 Space 
Center Boulevard, Houston, Texas 77059.
    This notice addresses NOC's application for a permanent variance 
and interim order from the provision of OSHA's CDO standard at 29 CFR 
1910.423(b)(2) that requires the employer to instruct divers engaged in 
commercial diving operations to remain awake and in the vicinity of the 
decompression chamber at the dive location for at least one hour after 
the dive (including decompression or treatment as appropriate) for any 
dive outside the no-decompression limits, deeper than 100 feet of sea 
water (fsw), or using mixed gas as a breathing mixture.
    OSHA reviewed NOC's application for the variance and interim order 
based on the alternate standard OSHA granted NASA on June 30, 2021, and 
determined that NOC were appropriately submitted in compliance with the 
applicable variance procedures in Section 6(d) of the Occupational 
Safety and Health Act of 1970 (OSH Act, 29 U.S.C. 655(d)) and OSHA's 
regulations at 29 CFR 1905.11 (Variances and other relief under section 
6(d)), including the requirement that the applicant inform workers and 
their representatives of their rights to petition the Assistant 
Secretary of Labor for Occupational Safety and Health for a hearing on 
the variance application.
    OSHA additionally reviewed the alternative procedures in NOC's 
application, along with the alternate standard granted to NASA on June 
30, 2021, and preliminarily determined that NOC's proposed alternative, 
subject to the conditions in the request and imposed by the interim 
order, provides measures that are as safe and healthful as those 
required by the cited OSHA standard. On November 20, 2023, OSHA 
published a Federal Register notice announcing NOC's application for a 
permanent variance, stating the preliminary determination along with 
the basis of that determination, and granting the interim order (88 FR 
80764). OSHA requested comments on each.
    OSHA did not receive any comments or other information disputing 
the preliminary determination that the alternative was at least as safe 
as OSHA's standard, nor any objections to

[[Page 54388]]

OSHA granting a permanent variance. Accordingly, through this notice, 
OSHA grants NOC a permanent variance subject to the conditions set out 
in this document.

II. NASA's Alternate Diving Standard and NOC's Variance Application

A. Background on NASA Alternate Standard

    On December 15, 2020, NASA submitted a request to OSHA proposing 
one alternate standard to 29 CFR 1910.423(b)(2), Subpart T, and 
included with their request extensive introductory, background, and 
explanatory information in support of the request (OSHA-2023-0009-
0003). NASA sought an alternate standard that would permit the NBL to 
conduct post-dive health monitoring that is tailored to NASA's specific 
dive operations and medical surveillance capabilities.
    The alternate standard request stated that NASA operates training 
and simulation activities for space operations that routinely involve 
underwater diving operations in preparation for upcoming missions. NASA 
described the NBL as a large, indoor tank of water, where astronauts 
perform simulated extravehicular activities (EVAs), also known as 
spacewalks, in preparation for upcoming space missions. The NBL is a 
controlled environment with a maximum depth of 40 feet. Its primary 
purpose is to provide a large-scale underwater environment where NASA 
personnel can simulate a weightless environment by balancing the 
buoyancy of a suited subject submerged in the water. Astronaut 
trainees, suited in Extravehicular Mobility Units (EMUs) adapted for 
use in water, can then perform a variety of specialized activities on 
spacecraft and Space Station analogs in the water. The NBL uses nitrox 
(46% enriched air nitrox (EAN<INF>46</INF>)) as the standard breathing 
gas for self-contained underwater breathing apparatus (SCUBA) while 
working in the tank.
    NASA asserted in its request for the alternate standard that diving 
on nitrox in the NBL is safer and less likely to cause decompression 
sickness (DCS) than diving on compressed air due to the lower partial 
pressure of nitrogen in the gas mixture, giving a shallower equivalent 
air depth (EAD). The EAD formula can accurately estimate the depth 
allowing for DCS risk calculation based on equivalent nitrogen 
pressures and dive durations used in air diving. In other words, 
breathing EAN<INF>46</INF> at 40 feet is like breathing air at 17 feet, 
essentially eliminating the risk of DCS in nominal operations.
    Additionally, the alternate standard request examined the use of 
nitrox in the water, and the risk of oxygen toxicity, specifically the 
risk of seizure resulting from central nervous system (CNS) oxygen 
toxicity. NASA asserted in the alternate standard request that with the 
hard floor at 40 feet in the tank, there are no cases in medical or 
diving literature of seizure in water at pressures of PO<INF>2</INF> of 
1.0 ata. Further, NASA asserted that there have been no instances of 
CNS oxygen toxicity with NBL operations to date.
    The alternate standard request asserted that the proposed alternate 
standard provides equivalent protection to the OSHA standard. First, 
NASA stated that the fixed diving depth of the pool has eliminated the 
risk of decompression sickness. As a result, the need to remain in the 
vicinity of the chamber is for the control and treatment of arterial 
gas embolism only. Second, NASA asserted that a shorter observation 
period would be sufficient: ``At the NBL, a ten-minute observation 
provides the equivalent protection as a one-hour observation in the 
outside environment. Moreover, implementation of this standard will 
provide greater protection for divers by allowing them to dive on 
Nitrox rather than air routinely. This will reduce recurrent 
decompression stress experienced by the divers, along with the 
resulting long-term health problems that occur from repetitive 
decompression stress, such as the risk of dysbaric osteonecrosis (bone 
death).'' Additionally: ``NBL divers operate under no-decompression 
limits that are more conservative than the U.S. Navy. The OSHA 
regulations for mixed gas diving enhance safety when applied to gas 
mixtures used on long, deep, complex dives because of increased risk of 
DCS and oxygen toxicity. However, diving with nitrox at shallower 
depths, such as the NBL, is in fact safer than diving on air.'' 
Further: ``The NBL adheres to strict oxygen clean handling and 
compatibility requirements that exceed the industry standard for 
concentrations greater than 40% by volume. The alternate standard 
allows divers to breathe a safer gas during all NBL events, in addition 
to allowing for fewer total diving events.''
    NASA's alternate standard request also explained that NASA 
employees working within the NBL work together to ensure the 
availability of qualified personnel and certified systems to meet 
NASA's EVA requirements. NASA stated that safety and utility divers 
support suited trainees at all times in the water. Suited crew utilize 
surface-supplied nitrox via an umbilical, and support divers breathe 
nitrox via self-contained underwater breathing apparatus (SCUBA) while 
working in the tank. NBL activities routinely involve dozens of 
trainees and divers, requiring hundreds of dive hours per week. NASA 
asserted in the alternate standard request that the NBL medical officer 
or a human test support group medical technician physically examines 
all divers for fitness prior to entering the water. Only the medical 
officer performs fitness to dive exams for suited subjects. These exams 
include obtaining vital signs and information on any changes to medical 
history, including but not limited to, medications; physical fitness; 
and cardiopulmonary and ear, nose, and throat examinations. Divers and 
suited subjects may be disqualified pending treatment or further 
evaluation and management if there are any concerning abnormalities. 
NASA also certified that it will apply and use the alternate standard 
only at the NBL and that NASA will not apply or use the alternate 
standard at any other location or during the other underwater 
activities that NASA performs.
    After fully considering NASA's application and its responses to 
OSHA's follow-up questions (OSHA-2023-0009-0004), OSHA approved the 
alternate standard that NASA proposed for use solely at NASA's NBL 
(OSHA-2023-0009-0005). NOC now seeks a permanent variance covering its 
employees conducting commercial diving operations at the NBL based on 
NASA's approved alternate standard.

B. NOC Variance Application

    The information that follows about NOC comes from the NOC variance 
application.
    NOC is a team of contractors for NASA, a federal government agency 
that is responsible for science and technology related to air and 
space. NOC is comprised of prime contractor Vertex TTS and sub-
contractors Oceaneering International Inc. (Oll); Bastion Technologies, 
Inc.; Rothe Enterprises; Rothe Development; International Preparedness 
Associates, Inc. (IPA); MRI; and EPro; a group of companies working at 
NASA's Neutral Buoyancy Laboratory, within the NASA Space Center in 
Houston, Texas. On June 30, 2021, OSHA approved an alternate standard 
\1\ for NASA regulating

[[Page 54389]]

its use of decompression chambers during diving operations at NASA's 
National Buoyancy Laboratory (NBL) (OSHA-2023-0009-0002), OSHA's 
Comments and Decisions to NASA's Request for an Alternate Standard on 
Diving (NASA Alternate Diving Standard). To account for technological 
advances in the use of elevated oxygen levels in nitrox breathing-gas 
mixtures and the use of the equivalent-air-depth (EAD) formula (see 
OSHA's 2004 Final Rule amending 29 CFR part 1910, subpart T, Appendix C 
(69 FR 7351, 7356)), the NASA alternate standard provides NASA with 
modified requirements regarding the use of decompression chambers, 
including requiring the diver to remain awake and in the vicinity of 
the decompression chamber at the dive location for at least 10 minutes 
after the dive.
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    \1\ Federal agency heads may seek and obtain approval for 
alternate standards from OSHA pursuant to the procedures described 
in 29 CFR 1960.17. According to 29 CFR 1960.17(b), the Secretary 
will not approve an alternate standard, ``unless it unless it 
provides equivalent or greater protection for affected employees'' 
as compliance with the OSHA standard.
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    NOC's divers conduct diving operations for NASA at the NBL facility 
in Houston, Texas. NASA requires all divers to follow all their 
internal requirements, including the NBL Diving Program and the NASA 
alternate standard, which only cover NASA employees. To permit NOC's 
divers to dive under the same standards as their NASA-employed 
colleagues, NOC seeks a permanent variance from 29 CFR 1910.423(b)(2) 
based on the same conditions that apply to NASA divers under the NASA 
alternate standard.
    NOC contends that the proposed variance conditions outlined in the 
application provide NOC's workers with a place of employment that is at 
least as safe and healthful as they would obtain under the provisions 
of OSHA's CDO standard. NOC has also certified that they are not 
contesting any citations involving the standards that are the subject 
of this application. As a NASA contractor, NOC asserts that their 
divers must strictly follow the requirements of the NBL, which include 
following the conditions of the NASA alternate standard. However, the 
NASA alternate standard's coverage does not include NOC-employed 
divers, even though they work side-by-side with NASA-employed divers 
during NBL operations. NOC states that their divers undergo the same 
training as NASA NBL employees, and that there are no differences 
between NASA and NOC divers regarding medical clearance procedures and 
standards, training materials, equipment used, equipment maintenance, 
and diving procedures used. Accordingly, NOC seeks permission from OSHA 
to conduct dive activities for NASA at the NBL under the same standard 
regulating the time required for NASA employees diving at the NBL, on 
nitrox and within the no-decompression limits, pursuant to the NASA 
alternate standard rather than the requirements of 29 CFR 
1910.423(b)(2).

C. Variance From 29 CFR 1910.423(b)(2), Requirements for Decompression 
Chambers <SUP>2</SUP>
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    \2\ A decompression chamber is ``a pressure vessel for human 
occupancy such as a surface decompression chamber, closed bell, or 
deep diving system used to decompress divers and to treat 
decompression sickness'' (29 CFR 1910.402).
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    OSHA's standards regulating the availability and use of 
decompression chambers require that for any dive within the no-
decompression limits, deeper than 100 fsw, or using mixed gas as a 
breathing mixture, the employer must instruct the diver to remain awake 
and in the vicinity of the decompression chamber that is at the dive 
location for at least one hour after the dive (including decompression 
or treatment as appropriate) (29 CFR 1910.423(b)(2)).
    In adopting the conditions of the NASA alternate standard, NOC's 
application proposes deviating from the decompression chamber 
availability and capability requirements in OSHA's CDO standard. As 
OSHA explained when it granted the NASA Alternate Diving Standard, the 
purpose of having a decompression chamber available and ready for use 
at a dive site is to treat DCS and arterial gas embolism (AGE). DCS may 
occur from breathing air or mixed gases at diving depths and durations 
that require decompression, while AGE may result from over-pressurizing 
the lungs, usually following a rapid ascent to the surface without 
proper exhalation. If DCS or AGE develops, a decompression chamber, 
oxygen or treatment gas mixtures, and treatment tables and instructions 
must be readily available to treat these conditions effectively. 
Decompression chambers provide the most effective therapy--
recompression--for DCS and AGE.
    NOC's proposed variance would adopt the conditions of the NASA 
alternate standard that permit NASA to deviate from the requirement 
that the employer instruct all divers who dive deeper than 100 fsw or 
who dive using mixed breathing gas to remain awake and in the vicinity 
of a decompression chamber for one hour after the dive. The NASA 
alternate standard allows divers at NASA's NBL who are diving on 
nitrox, within the no-decompression limits, to be instructed to remain 
awake and in the vicinity of the decompression chamber at the dive 
location for at least 10 minutes after the dive. In other words, the 
NASA alternate Section 1910.423(b)(2) requires that any NASA diver at 
NASA's NBL who dives using nitrox within the no-decompression limits 
will be instructed to remain awake and in the vicinity of the 
decompression chamber for at least ten minutes after the completion of 
the dive.
    When approving NASA's request for an alternate standard to 29 CFR 
1910.423(b)(2), OSHA explained that the CDO standard sets the 100 fsw 
limit based on the increased risk of developing DCS and AGE on dives 
deeper than 100 fsw. However, OSHA explained that the agency amended 
the CDO standard in 2004 to permit employers of recreational diving 
instructors and diving guides to comply with an alternative set of 
decompression chamber requirements (see 69 FR 7351 (February 17, 
2004)).\3\ Under the conditions articulated in Appendix C to Subpart T, 
OSHA does not require eligible employers to provide a decompression 
chamber at the dive site when engaged in SCUBA diving to 130 fsw while 
breathing a nitrox gas mixture within the no-decompression limits.
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    \3\ Appendix C incorporated into the CDO standard essentially 
the same terms as those used in a variance that OSHA granted to 
Dixie Divers, Inc., a diving school that employed several 
recreational diving instructors, in 1999 (see 64 FR 71242, December 
20, 1999).
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    OSHA explained in the NASA alternate standard that it created this 
exemption for diving guides because the agency determined that the 
elevated levels of oxygen in nitrox breathing-gas mixtures reduced the 
incidence of DCS compared to breathing air at the same depths, and 
therefore found that the risk of DCS was minimal.
    After considering the statistics and information regarding NBL 
operations that NASA submitted, OSHA concluded that NASA's proposed 
alternate standard would provide equivalent protection to the CDO 
standard when NBL divers use nitrox breathing-gas mixtures. NOC's 
proposed variance would adopt conditions identical to those for which 
OSHA approved NASA's alternate standard to 29 CFR 1910.423(b)(2).

D. Technical Review

    OSHA conducted a review of NOC's variance application and the 
supporting technical documentation. After completing the review of the 
variance application, the NASA alternate standard, and related 
supporting materials, OSHA concludes that:
    1. The proposed conditions would provide NOC's divers with 
protection equivalent to the CDO standard;

[[Page 54390]]

    2. There are no differences in the training requirements, medical 
clearance procedures and standards, equipment use and maintenance 
requirements, or diving procedures that apply to NASA-employed and NOC-
employed divers who dive at the NBL; and
    3. Diving safety for the NBL will be maximized when the diving 
practices of NOC-employed divers are identical to those of NASA-
employed divers.

III. Decision

    After reviewing the proposed alternative, OSHA determined that NOC 
proposed to implement effective alternative means of protection that 
will protect its employees as effectively as the requirements of 
paragraph 29 CFR 1910.423(b)(2) of the standard governing commercial 
diving operations. Further, under section 6(d) of the OSH Act (29 
U.S.C. 655(d)), and based on the record discussed above, OSHA finds 
that when the employer complies with the conditions of the variance, 
the working conditions of the employer's workers are at least as safe 
and healthful as if the employer complied with the working conditions 
specified by paragraph 29 CFR 1910.423(b)(2) OSHA's standard for 
commercial diving operations. Therefore, under the terms of this 
variance, NOC must: (1) comply with the conditions listed below under 
section V of this notice (Order) for the period between the effective 
date of this notice and until the agency modifies or revokes this final 
order in accordance with 29 CFR 1905.13; (2) comply fully with all 
other applicable provisions of 29 CFR part 1910; and (3) provide a copy 
of this Federal Register notice to all employees affected by the 
conditions using the same means they used to inform these employees of 
the application for a permanent variance.

IV. Description of the Conditions Specified by the Permanent Variance

    The conditions for the variance are set out in the Order at the end 
of this document. This section provides additional detail regarding the 
conditions in the permanent variance that OSHA is granting to NOC.

Condition A: Scope

    The scope of the permanent variance limits coverage only to the 
commercial diving operations performed at NASA's NBL. Clearly defining 
the scope of the permanent variance provides NOC, NOC's employees, 
potential future applicants, other stakeholders, the public, and OSHA 
with necessary information regarding the work situations to which the 
permanent variance applies. To the extent that NOC exceeds the defined 
scope of this variance, they must comply with OSHA's standards.
    OSHA's grant of a permanent variance applies only to the applicants 
that comprise the NOC (Vertex TTS, Oll, Bastion Technologies Inc., 
Rothe Enterprises, Rothe Development, IPA, MRI, and EPro), and only to 
work performed at NASA's Neutral Buoyancy Laboratory. The permanent 
variance does not apply to any other employers or any other worksite. 
Additionally, coverage is limited to the work situations specified 
under the ``Scope and Application'' section of Subpart T, Commercial 
Diving Operations (1910.401(a)), and does not apply to commercial 
diving operations that are already exempted under 1910.401(a)(2).\4\ 
When implementing the conditions of the permanent variance, NOC must 
comply fully with all safety and health provisions that are applicable 
to commercial diving operations as specified by 29 CFR 1910, Subpart T, 
except for the requirements specified by 29 CFR 1910.423(b)(2). The 
permanent variance only applies to NOC's employees when they conduct 
diving operations at NASA's Neutral Buoyancy Laboratory.
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    \4\ Section 1910.401(a)(2) provides that the CDO standard does 
not apply to any dive (i) performed solely for instructional 
purposes, using open-circuit, compressed-air SCUBA and conducted 
within the no-decompression limits; (ii) performed solely for 
search, rescue, or related public safety purposes by or under the 
control of a governmental agency; (iii) governed by 45 CFR part 46 
(Protection of Human Subjects, U.S. Department of Health and Human 
Services) or equivalent rules or regulations established by another 
federal agency, which regulate research, development, or related 
purposes involving human subjects; or (iv) fitting the standard's 
definition of ``scientific diving.''
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Condition B: List of Abbreviations

    Condition B defines abbreviations used in the permanent variance. 
OSHA believes that defining these abbreviations serves to clarify and 
standardize their use, thereby enhancing the applicants' and their 
employees' understanding of the conditions specified by the permanent 
variance.

Condition C: Requirements for Decompression Chambers

    This condition requires that, for any dive within the no-
decompression limits and using nitrox as a breathing mixture, NOC will 
instruct the diver to remain awake and in the vicinity of the 
decompression chamber at the dive location for at least ten minutes 
after the dive (including decompression or treatment as appropriate). 
When using a nitrox breathing-gas mixture, NOC must meet the no-
decompression provisions of Appendix C to the CDO standard (Use of No-
Decompression Limits).

Condition D: Communication

    This condition requires the applicants to 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. This condition also requires the applicants to ensure that 
reliable means of emergency communications are available and maintained 
for affected workers and support personnel during diving activities. 
Availability of such reliable means of communications enables affected 
workers and support personnel to respond quickly and effectively to 
hazardous conditions or emergencies that may develop during diving 
activities at NASA's NBL.

Proposed Condition E: Worker Qualification and Training

    This condition requires NOC to follow the requirements of the NASA 
NBL Safety Program, including the NBL Safe Practices Manual, and any 
instruction NASA's Dive Safety Board (DSB) provides, to qualify their 
employees to perform diving activities at the NBL. Further, NOC must 
ensure that the NBL medical officer of the day or a human test support 
group medical technician physically examines all employees conducting 
dives at the NBL for fitness to dive prior to entering the water. This 
condition specifies actions an affected worker must be able to perform 
safely during diving activities, including how to enter, work in, and 
exit from hyperbaric conditions under both normal and emergency 
conditions. Having well-trained and qualified workers performing the 
required dive tasks ensures that they recognize and respond 
appropriately to underwater safety and health hazards. These 
qualification and training requirements enable NOC divers to cope 
effectively with emergencies, as well as the discomfort and 
physiological effects of hyperbaric exposure, thereby preventing worker 
injury, illness, and fatalities.

[[Page 54391]]

Proposed Condition F: Recordkeeping

    Under OSHA's existing recordkeeping requirements in 29 CFR part 
1904 regarding Recording and Reporting Occupational Injuries and 
Illnesses, NOC 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, or any other work 
conditions, by completing the OSHA Form 301, Injury and Illness 
Incident Report, and OSHA Form 300 Log of Work-Related Injuries and 
Illnesses. NOC did not seek a variance from this standard and therefore 
must comply fully with those requirements.

Proposed Condition G: Notifications

    Under this condition, the applicants must, within specified periods 
of time: (1) notify OSHA of any recordable injury, illness, in-patient 
hospitalization, amputation, loss of an eye, or fatality that occurs as 
a result of diving operations within eight (8) hours of the incident; 
(2) provide OSHA's Office of Technical Programs and Coordination 
Activities (OTPCA) and the Houston South Texas OSHA Area Office within 
twenty-four (24) hours of the incident with a copy of the incident 
investigation report (using OSHA Form 301, Injury and Illness Incident 
Report) of the event; (3) include on OSHA Form 301, Injury and Illness 
Incident Report, information on the diving 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 
OTPCA and the Houston South Texas OSHA Area Office at least 15 working 
days in advance should the applicants need to revise the dive 
procedures to accommodate changes in diving operations that affect 
NOC's ability to comply with the conditions of the permanent variance; 
(6) obtain OSHA's written approval prior to implementing the revision 
in their dive procedures to accommodate changes in their diving 
operations that affect NOC's ability to comply with the conditions in 
the permanent variance; and (7) by January 31 of each calendar year 
provide OTPCA and the Houston South Texas OSHA Area Office with a 
report summarizing the dives completed during the previous calendar 
year and evaluating the effectiveness of the variance conditions in 
providing a safe and healthful work environment and in preventing dive-
related incidents.
    OSHA notes that the requirement for completing and submitting the 
hyperbaric exposure-related (recordable) incident investigation report 
(OSHA Form 301, Injury and Illness Incident Report) is more restrictive 
than the current recordkeeping requirement of completing the form 
within seven (7) calendar days of the incident (1904.29(b)(3)). This 
modified, more stringent incident investigation and reporting 
requirement is restricted to intervention-related (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 
injuries and illnesses, and NOC's identification and implementation of 
appropriate corrective and preventive actions.
    Further, these notification requirements also enable the 
applicants, NOC's employees, and OSHA to assess the effectiveness of 
the permanent variance in providing the requisite level of safety to 
the NOC's workers and, based on this assessment, decide whether to 
revise or revoke the conditions of the 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 NOC 
has taken to prevent similar incidents in the future.
    Additionally, this condition requires NOC 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 permanent variance 
to a successor company. In addition, the condition specifies that OSHA 
must approve any potential transfer of the permanent variance to a 
successor company. These requirements allow OSHA to communicate 
effectively with the applicants regarding the status of the permanent 
variance, and expedite the agency's administration and enforcement of 
the permanent variance. Stipulating that an applicant must 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 the permanent variance specifies, thereby ensuring 
the safety of workers involved in performing the operations covered by 
the permanent variance.

V. Order

    As of the effective date of this final order, OSHA is revoking the 
interim order granted to the employer on November 20, 2023 (88 FR 
80764).
    OSHA issues this final order authorizing NASA's Neutral Buoyancy 
Laboratory Operations Contract (NOC or the applicants) to comply with 
the following condition instead of complying with the requirements of 
paragraphs 29 CFR 1910.423(b)(2) of OSHA's commercial diving standard. 
This final order applies to all NOC employees located at 13000 Space 
Center Boulevard, Houston, Texas, 77059.

A. Scope

    The permanent variance applies only to NOC's diving operations 
conducted for NASA and performed at NASA's NBL; and
    Performed in compliance with all applicable conditions of Subpart T 
of 29 CFR 1910 except for the requirement specified by 29 CFR 
1910.423(b)(2) when conducting commercial diving operations.

B. List of Abbreviations

    The following abbreviations apply to this permanent variance:

ATA--Atmosphere Absolute
BCD--Buoyancy Compensator Device
CDO--Commercial Diving Operations
CFR--Code of Federal Regulations
DCS--Decompression Sickness
DSB--Dive Safety Board
EAD--Equivalent Air Depth
EAN<INF>X</INF>--Enriched Air Nitrox (where X denotes percentage of 
oxygen)
EVA--Extravehicular Activities
fsw--feet of seawater
NBL--NASA Neutral Buoyancy Laboratory
NOC--NASA's Neutral Buoyancy Laboratory Operations Contract
OSHA--Occupational Safety and Health Administration
OTPCA--OSHA's Office of Technical Programs and Coordination 
Activities
PO<INF>2</INF>--Partial Pressure of Oxygen in ATA
SCUBA--Self-Contained Underwater Breathing Apparatus

C. Requirements for Decompression Chambers

    For any dive at the NBL that is within the no-decompression limits 
and using nitrox as a breathing mixture, NOC must instruct the diver to 
remain awake and in the vicinity of the decompression chamber at the 
dive location for at least ten (10) minutes after the dive (including 
decompression or treatment as appropriate).

D. Communication

    This condition requires the applicants to 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

[[Page 54392]]

incidents, and corrective actions taken, prior to the start of each 
shift. This condition also requires the applicants to ensure that 
reliable means of emergency communications are available and maintained 
for affected workers and support personnel during diving activities. 
Availability of such reliable means of communications enables affected 
workers and support personnel to respond quickly and effectively to 
hazardous conditions or emergencies that may develop during diving 
activities at NASA's NBL.

E. Worker Qualification and Training

    This permanent variance requires NOC to:
    1. Follow the requirements of the NASA NBL Safety Program, 
including the NBL Safe Practices Manual, as well as any instruction 
provided by NASA's DSB;
    2. Ensure that prior to entering the water, the NBL medical officer 
of the day or a human test support group medical technician physically 
examines all NOC employees conducting dives at the NBL for fitness to 
dive.

F. Recordkeeping

    In addition to completing OSHA Form 301, Injury and Illness 
Incident Report, and OSHA Form 300, Log of Work-Related Injuries and 
Illnesses, NOC must maintain records of recordable injuries that occur 
as a result of diving operations conducted for NASA under the NBL.
    Information gathered and recorded under this provision, in concert 
with the information provided under condition G (using OSHA Form 301, 
Injury and Illness Incident Report Form) to investigate and record 
dive-related recordable injuries as defined by 29 CFR 1904.4, 1904.7, 
1904.8 through 1904.12, will enable NOC and OSHA to determine the 
effectiveness of the permanent variance in preventing DCS and other 
dive-related injuries and illnesses.

G. Notifications

    1. To assist OSHA in administering the conditions specified herein, 
NOC must:
    (a) Notify OTPCA and the Houston South Texas OSHA Area Office at 
<a href="http://www.osha.gov/contactus/byoffice">www.osha.gov/contactus/byoffice</a> of any recordable injury illness or 
fatality (by submitting the completed OSHA Form 301, Injury and Illness 
Incident Report) \5\ that occurs as a result of diving operations, or 
meets the recordable injury or illness criteria of 29 CFR 1904. NOC 
must ensure the notification occurs within eight (8) hours of the 
incident or 8 hours after becoming aware of a recordable injury, 
illness, or fatality; NOC must submit a copy of the incident 
investigation (OSHA Form 301, Injury and Illness Incident Report) 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 the OSHA Form 301, Injury and Illness Incident Report, 
requires, the incident-investigation report must include a root-cause 
determination, and the preventive and corrective actions identified and 
implemented.
---------------------------------------------------------------------------

    \5\ See 29 CFR 1904 (Recording and Reporting Occupational 
Injuries and Illnesses) (<a href="http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9631">http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9631</a>); recordkeeping 
forms and instructions <a href="https://www.osha.gov/recordkeeping/forms">https://www.osha.gov/recordkeeping/forms</a>.
---------------------------------------------------------------------------

    (b) Provide OTPCA and the Houston South Texas OSHA Area Office 
within twenty-four (24) hours of the incident with a copy of the 
incident investigation report (using OSHA Form 301, Injury and Illness 
Incident Report);
    (c) Provide certification to OTPCA and the Houston South Texas OSHA 
Area Office within 15 working days of the incident that NOC 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).
    (d) Include on the OSHA Form 301, Injury and Illness Incident 
Report, information on the diving conditions associated with the 
recordable injury or illness, the root-cause determination, and 
preventive and corrective actions identified and implemented;
    (e) Provide certification that NOC informed affected divers of the 
incident and the results of the incident investigation;
    (f) Notify OTPCA and the Houston South Texas OSHA Area Office 
within fifteen (15) working days should NOC need to revise their dive 
procedures to accommodate changes in their diving operations that 
affect NOC's ability to comply with the conditions of the permanent 
variance;
    (g) Obtain OSHA's written approval prior to implementing the 
revision in their dive procedures to accommodate changes in their 
diving operations that affect NOC's ability to comply with the 
conditions in the permanent variance;
    (h) By the fifteenth (15th) of January, at the beginning of each 
new calendar year, provide OTPCA and Houston South Texas OSHA Area 
Office, with a report summarizing the dives completed during the 
previous year and evaluating the effectiveness of the variance 
conditions in providing a safe and healthful work environment and in 
preventing dive-related incidents;
    (i) Notify the OTPCA and the Houston South OSHA Area Office as soon 
as possible, but no later than seven (7) days, after NOC has knowledge 
that they will:
    a. Cease doing business;
    b. Change the location and address of the main office for managing 
the diving operations specified herein; or
    c. Transfer the operations specified herein to a successor company.
    (j) Notify all affected employees of this permanent variance by the 
same means required to inform them of its application for a permanent 
variance.
    2. This permanent variance cannot be transferred to another 
company.
    OSHA hereby grants a permanent variance to NOC, subject to the 
conditions outlined above.

VII. Authority and Signature

    David L. Keeling, 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(d), Secretary of Labor's 
Order No. 7-2025 (90 FR 27878, June 30, 2025), and 29 CFR 1905.11.

    Signed at Washington, DC, on July 29, 2026.
David L. Keeling,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2026-17136 Filed 8-20-26; 8:45 am]
BILLING CODE 4510-26-P


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