KBR Wyle Services, LLC; Grant of Permanent Variance

Issuing agencies

Abstract

In this notice, OSHA grants a permanent variance to KBR Wyle Services, LLC (KBR) 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 54395-54401]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17138]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2022-0010]


KBR Wyle Services, LLC; 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 KBR Wyle 
Services, LLC (KBR) 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.

[[Page 54396]]


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#5538303c393c3b3230277b3327343b363c266715313a397b323a23"><span class="__cf_email__" data-cfemail="f79a929e9b9e99909285d991859699949e84c5b793989bd9909881">[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#65170a070c0b160a0b4b0e00130c0b25010a094b020a13"><span class="__cf_email__" data-cfemail="fb8994999295889495d5909e8d9295bb9f9497d59c948d">[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 June 20, 2022, KBR Wyle Services, LLC (KBR or the 
applicant), 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-2022-0010-0002). KBR's application also 
requested an interim order pending OSHA's decision on the variance 
application. KBR's corporate offices are located at 601 Jefferson 
Street, Houston, Texas 77002, and KBR identified an additional place of 
employment involved in the variance application: NASA's Neutral 
Buoyancy Laboratory, 13000 Space Center Boulevard, Houston, Texas 
77059.
    This notice addresses KBR'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 KBR's application for the variance and interim order 
based on the alternate standard OSHA granted NASA on June 30, 2021, and 
determined that KBR 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 KBR's 
application, along with the alternate standard granted to NASA on June 
30, 2021, and preliminarily determined that KBR'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 KBR's application for a 
permanent variance, stating the preliminary determination along with 
the basis of that determination, and granting the interim order (88 FR 
80771). 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 OSHA granting a permanent 
variance. Accordingly, through this notice, OSHA grants KBR a permanent 
variance subject to the conditions set out in this document.

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

A. Background on NASA Alternate Standard

    On December 15, 2020, NASA submitted an application (Docket No. 
OSHA-2022-0010-0001) to OSHA proposing one alternate standard to 29 CFR 
1910.423(b)(2), Subpart T, and included with its application extensive 
supporting introductory, background, and explanatory information 
(Docket No. OSHA-2022-0010-0003). NASA sought an alternate standard 
that would permit the NBL to conduct post-dive health monitoring 
tailored to NASA's specific dive operations and medical surveillance 
capabilities.
    The alternate standard application stated that NASA operates 
training and simulation activities for space operations that routinely 
involve underwater diving operations in preparation of 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 application 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 application 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 application 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

[[Page 54397]]

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 application 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 use 
surface-supplied nitrox via an umbilical, and support divers breath 
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 application that the NBL medial 
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 NASA performs.
    After fully considering NASA's application and its responses to 
OSHA's follow-up questions (Docket No. OSHA-2022-0010-0004), OSHA 
approved the alternate standard that NASA proposed for use solely at 
NASA's NBL (Docket No. OSHA-2022-0010-0002). KBR now seeks a permanent 
variance covering its employees conducting commercial diving operations 
at the NBL based on NASA's approved alternate standard.

B. KBR Variance Application

    The information that follows about KBR comes from the KBR variance 
application. KBR is a contractor for NASA, a federal government agency 
that is responsible for science and technology related to air and 
space. On June 30, 2021, OSHA granted an alternate standard \1\ for 
NASA regulating its use of decompression chambers during diving 
operations at NASA's National Buoyancy Laboratory (NBL) (Docket No. 
OSHA-2022-0010-0002), 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 provides 
equivalent or greater protection for affected employees'' as 
compliance with the OSHA standard.
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    KBR'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 can only cover NASA employees. To permit 
KBR's divers to dive under the same standards as their NASA-employed 
colleagues, KBR 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.
    KBR contends that the proposed variance conditions outlined in its 
application provide KBR'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. KBR also certified that it is not contesting 
any citations involving the standards that are the subject of this 
application. As a NASA contractor, KBR asserts that its 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, and cannot, include KBR-
employed divers, or any private-sector employees, even though they work 
side-by-side with NASA-employed divers during NBL operations. KBR 
states that its divers undergo the same training as NASA NBL employees, 
and that there are no differences between NASA and KBR divers regarding 
medical clearance procedures and standards, training materials, 
equipment used, equipment maintenance, and diving procedures. 
Accordingly, KBR 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 1910.432(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) (1910.423(b)(2)).
    In adopting the conditions of the NASA alternate standard, KBR'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

[[Page 54398]]

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.
    KBR's proposed variance would adopt the conditions of the NASA 
Alternate Diving Standard that permit NASA to deviate from the 
requirement of 1910.423(b)(2) 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 granting 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 Diving 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. KBR'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 KBR'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 KBR's divers with 
protection equivalent to the CDO standard;
    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 KBR-
employed divers who dive at the NBL; and
    3. Diving safety for the NBL will be maximized when the diving 
practices of KBR-employed divers are identical to those of NASA-
employed divers.

III. Decision

    After reviewing the proposed alternative, OSHA has determined that 
KBR 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 CDO standard. 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) of OSHA's CDO standard. Therefore, under the terms of 
this variance, KBR 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 it 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 KBR.

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 KBR, KBR'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 KBR exceeds the defined 
scope of this variance, it must comply with OSHA's standards.
    OSHA's grant of a permanent variance applies only to KBR, 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, KBR must 
comply fully with all safety and health provisions that are applicable 
to commercial diving operations as 29 CFR 1910, Subpart T specifies, 
except for the requirements

[[Page 54399]]

described in 29 CFR 1910.423(b)(2). The permanent variance only applies 
to KBR'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 usage, thereby enhancing the applicant's and its 
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, KBR will 
instruct the diver to remain awake and in the vicinity of the 
decompression chamber which is 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, KBR will be 
required to meet the no-decompression provisions of Appendix C to the 
CDO standard (Use of No-Decompression Limits).

Condition D: Communication

    This condition requires the applicant 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 KBR to follow the requirements of the NASA 
NBL Safety Program, including the NBL Safe Practices Manual, and any 
instruction provided by NASA's Dive Safety Board (DSB) to qualify their 
employees to perform diving activities at the NBL. Further, KBR 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 KBR divers to cope 
effectively with emergencies, as well as the discomfort and 
physiological effects of hyperbaric exposure, thereby preventing worker 
injury, illness, and fatalities.

Proposed Condition F: Recordkeeping

    Under OSHA's existing recordkeeping requirements in 29 CFR part 
1904 regarding Recording and Reporting Occupational Injuries and 
Illnesses, KBR 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. KBR did not seek a variance from this standard and therefore 
must comply fully with those requirements.

Proposed Condition G: Notifications

    Under this condition, the applicant 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 these events; (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 applicant need to revise their 
dive procedures to accommodate changes in their diving operations that 
affect their 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 their ability to comply with the 
conditions in the permanent variance; and (7) provide OTPCA and the 
Houston South Texas OSHA Area Office, by January 31 of each calendar 
year, 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)). 
However, OSHA has restricted this modified, more stringent incident 
investigation and reporting requirement 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 KBR'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 permanent 
variance in providing the requisite level of safety to the KBR's 
workers and, based on this assessment, 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 KBR has taken to prevent 
similar incidents in the future.
    Additionally, this 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 the permanent variance covers to a 
successor company. In addition, the condition specifies that OSHA must 
approve the potential transfer of the permanent variance to a successor 
company. These requirements

[[Page 54400]]

allow OSHA to communicate effectively with the applicant regarding the 
status of the permanent variance and expedite the agency's 
administration and enforcement of the 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 this permanent variance, 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 
80771).
    OSHA issues this final order authorizing KBR Wyle Services LLC (KBR 
or the applicant) 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 KBR 
employees located at 13000 Space Center Boulevard, Houston, Texas 
77059.

A. Scope

    The permanent variance applies only to KBR'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
KBR--KBR Wyle Services, LLC
NBL--NASA Neutral Buoyancy Laboratory
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, KBR 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 applicant 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 applicant 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 KBR 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 KBR 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, KBR 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) to investigate and record dive-related 
recordable injuries as 29 CFR 1904.4, 1904.7, 1904.8 through 1904.12 
define, will enable KBR 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, 
KBR 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. The 
notification must be made within eight (8) hours of the incident or 8 
hours after becoming aware of a recordable injury, illness, or 
fatality; KBR 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 that 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 KBR 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 their certification that they 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 the

[[Page 54401]]

KBR need to revise their dive procedures to accommodate changes in 
their diving operations that affect their 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 KBR'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 KBR has knowledge 
that it 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 KBR, 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. 2026-17138 Filed 8-20-26; 8:45 am]
BILLING CODE 4510-26-P


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