Electric Power Generation, Transmission, and Distribution; Electrical Protective Equipment; Extension of Comment Period; Change in Date of Public Hearing, 59290-59292 [05-20421]
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59290
Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Proposed Rules
accept peppers only from registered
approved production sites.
(7) The exporting country’s NPPO is
responsible for export certification,
inspection, and issuance of
phytosanitary certificates. Each
shipment of peppers must be
accompanied by a phytosanitary
certificate issued by the NPPO and
bearing the declaration, ‘‘These peppers
were grown in an approved production
site and the shipment has been
inspected and found free of the pests
listed in the requirements.’’ The
shipping box must be labeled with the
identity of the production site.
Done in Washington, DC, this 6th day of
October 2005.
N.E. Gutierrez,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 05–20388 Filed 10–11–05; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1910 and 1926
[Docket No. S–0215]
RIN 1218–AB67
Electric Power Generation,
Transmission, and Distribution;
Electrical Protective Equipment;
Extension of Comment Period; Change
in Date of Public Hearing
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice of hearing; extension of
comment period; reopening of the
period to file notices of intention to
appear at an informal public hearing;
additional issues for comment.
AGENCY:
SUMMARY: This notice reschedules an
informal hearing on the proposed
standards on electric power generation,
transmission, and distribution and on
electrical protective equipment, which
were published on June 15, 2005. It also
reopens the period to file notices of
intention to appear at the informal
public hearing, extends the period for
written comments on the proposal,
extends the period to provide the
complete text of testimony and
documentary evidence, and identifies
additional issues on which OSHA is
seeking comment. These periods are
extended 90 days with this notice.
DATES: Comments. Comments on the
proposal must be submitted
(postmarked or sent) by January 11,
2006.
VerDate Aug<31>2005
16:54 Oct 11, 2005
Jkt 208001
Informal public hearing. OSHA will
hold an informal public hearing in
Washington, DC, beginning March 6,
2006. The hearing will commence at 1
p.m. on the first day, and at 9 a.m. on
the second and subsequent days.
Notices of intention to appear. Parties
who intend to present testimony at the
informal public hearing must notify
OSHA in writing of their intention to do
so no later than November 11, 2005.
Hearing testimony and documentary
evidence. Parties who request more than
10 minutes for their presentations at the
informal public hearing and parties who
will submit documentary evidence at
the hearing must submit the full text of
their testimony and all documentary
evidence postmarked no later than
February 1, 2006.
ADDRESSES: You may submit written
comments, notices of intention to
appear, hearing testimony, and
documentary evidence—identified by
docket number (S–215) or RIN number
(1218–AB67)—by any of the following
methods.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• OSHA Web site: https://
dockets.osha.gov/. Follow the
instructions for submitting comments
on OSHA’s Web page.
• Fax: If your written comments are
10 pages or fewer, you may fax them to
the OSHA Docket Office at (202) 693–
1648.
• Regular mail, express delivery,
hand delivery, and courier service:
Submit three copies to the OSHA
Docket Office, Docket No. S–215, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Room N2625,
Washington, DC 20210; telephone (202)
693–2350. (OSHA’s TTY number is
(877) 889–5627.) OSHA Docket Office
hours of operation are 8:15 a.m. to 4:45
p.m., e.s.t.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
rulemaking. All comments received will
be posted without change to https://
dockets.osha.gov/, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read comments and background
documents that can be posted go to
https://dockets.osha.gov/. Written
comments received, notices of intention
PO 00000
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Sfmt 4702
to appear, and all other material related
to the development of the proposed
standard will be available for inspection
and copying in the public record in the
Docket Office at the address listed
previously.
Hearing: The hearing will be held in
the auditorium of the U.S. Department
of Labor, 200 Constitution Avenue,
NW., Washington DC.
FOR FURTHER INFORMATION CONTACT:
General information and press
inquiries: Mr. Kevin Ropp, Director,
Office of Communications, Room
N3647, OSHA, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202)
693–1999.
Technical information: Mr. David
Wallis, Director, Office of Engineering
Safety, Room N3609, OSHA, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone (202) 693–2277 or fax (202)
693–1663.
Hearings: Ms. Veneta Chatmon,
OSHA Office of Communications,
Occupational Health and Safety
Administration, Room N3647; 200
Constitution Avenue, NW., Washington,
DC 20210; telephone (202) 693–1999.
Electronic copies of this Federal
Register notice, as well as news, are
available at OSHA’s Web page on the
Internet at https://www.osha.gov.
SUPPLEMENTARY INFORMATION: On June
15, 2005, OSHA published a proposal
that would update the standards on
electric power generation, transmission,
and distribution and on electrical
protective equipment for general
industry and construction (70 FR
34822). Interested parties were given
until August 15, 2005, to submit notices
of intention to appear at an informal
hearing, and they were given until
October 13, 2005, to submit written
comments.
The Edison Electric Institute (EEI)
requested that OSHA extend the
rulemaking period by 90 days. EEI
argued that an extension is warranted
because of the involvement of their
membership in electric power
restoration following Hurricane Katrina,
as follows:
EEI is the association of the nation’s investor
owned electric companies. Many EEI member
companies, their employees, and contractors
they regularly engage, are now
overwhelmingly occupied with providing
assistance in the areas affected by Hurricane
Katrina. This is especially so as to those
involved in electric power transmission and
distribution construction, as sister companies
work to provide mutual aid, including
restoration of electric power, to customers of
those companies whose service territories
include affected portions of southern states.
E:\FR\FM\12OCP1.SGM
12OCP1
Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Proposed Rules
Stated simply, those involved in managing
and performing such work are likely to have
little, if any, time now or in the coming few
months to focus on assisting EEI to prepare
comments on the proposed rule.
OSHA has received similar requests
from other organizations.
The Agency recognizes that many of
the parties who would be interested in
this rulemaking are heavily involved in
responding to the destruction caused by
Hurricane Katrina. The affected
contractors and electric utilities,
including utilities providing assistance
directly affected areas, are likely to be
spending significant resources on the
restoration efforts, As EEI notes, these
contractors and utilities will have little
time in the next couple of months to
respond to OSHA’s request for
comments on the proposed standards.
Therefore, OSHA is extending the
rulemaking period by 90 days.
Issues
In the preamble to the proposal,
OSHA specifically requested comments
in nearly seventy areas, involving such
issues as safe work procedures and
requirements for protective equipment.
For instance, OSHA requested
comments on how employees can be
insulated or isolated from multiphase
exposure (70 FR 34831) and on whether
the standard should require the
employer to provide automated external
defibrillators (70 FR 34842). OSHA
received over 30 notices of intention to
appear (NOITA) in response to the
notice of proposed rulemaking (NPRM).
The NOITAs raised many issues related
to the proposal, some of which went
beyond those listed in the NPRM. OSHA
will consider evidence introduced on
these issues during the rulemaking and
invites the public to comment on them:
• Whether the standard should
include ground-to-ground, cradle-tocradle, or lock-to-lock rubber glove and
sleeve requirements;
• Whether the standard should
include specific multicrew tagging
requirements;
• Whether the standard should
include tagging requirements for
systems using supervisory control and
data acquisition (SCADA) equipment; 1
• Whether OSHA should revise the
order of removal of protective grounds
for the protection of employees as given
in proposed § 1926.962(f)(2) and
§ 1910.269(n)(7);
• Whether the standard should
include specific requirements for the
creation of an equipotential zone;
1 SCADA is a computer system for monitoring
and controlling equipment (in this case, electric
power transmission and distribution lines and
equipment).
VerDate Aug<31>2005
16:54 Oct 11, 2005
Jkt 208001
• Whether the standard should
include requirements for an information
trail tracking the job briefing between all
levels of employees associated with the
job, for example, between the
supervisor, employee-in-charge, and
crewmember;
• Whether the standard should
require fall arrest or work positioning
equipment for employees transferring to
another object while climbing; and
• Whether the provisions for the
testing of fall protection equipment in
proposed § 1926.954(b) and
§ 1910.269(g)(2) are appropriate.
OSHA is not limiting comments,
hearing requests, and documentary
evidence to only these areas. OSHA
invites comments, hearing requests, and
documentary evidence on all issues
raised by the proposal.
Public Participation—Comments and
Hearings
OSHA encourages members of the
public to participate in this rulemaking
by submitting comments on the
proposal, and by providing oral
testimony and documentary evidence at
the informal public hearing that the
Agency will convene after the comment
period ends. In this regard, the Agency
invites interested parties having
knowledge of, or experience with, safety
related to working on electric power
generation, transmission, or distribution
installations to participate in this
process, and welcomes any pertinent
data and cost information that will
provide it with the best available
evidence on which to develop the final
standard.
This section describes the procedures
the public must use to submit their
comments to the docket in a timely
manner, and to schedule an opportunity
to deliver oral testimony and provide
documentary evidence at the informal
public hearings. Comments, notices of
intention to appear, hearing testimony,
and documentary evidence will be
available for inspection and copying at
the OSHA Docket Office. You also
should read the earlier sections titled
DATES and ADDRESSES for additional
information on submitting comments,
documents, and requests to the Agency
for consideration in this rulemaking.
Written comments. OSHA invites
interested parties to submit written data,
views, and arguments concerning this
proposal. In particular, OSHA
encourages interested parties to
comment on the various issues raised in
the summary and explanation of the
proposal (70 FR 34826–34893) and in
this notice. When submitting comments,
parties must follow the procedures
specified earlier in the sections titled
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59291
DATES and ADDRESSES. The comments
must clearly identify the provision of
the proposal you are addressing, the
position taken with respect to each
issue, and the basis for that position.
Comments, along with supporting data
and references, received by the end of
the specified comment period will
become part of the proceedings record,
and will be available for public
inspection and copying at the OSHA
Docket Office.
Informal Public Hearing. Pursuant to
section 6(b)(3) of the Occupational
Safety and Health Act, members of the
public will have an opportunity at an
informal public hearing to provide oral
testimony concerning the issues raised
in this proposal. The hearings will
connect at 1 p.m. on March 6, 2006. At
that time, the presiding administrative
law judge (ALJ) will resolve any
procedural matters relating to the
proceeding. The hearings will
reconvene on subsequent days at 9 a.m.
The legislative history of section 6 of
the OSH Act, as well as OSHA’s
regulation governing public hearings (29
CFR 1911.15), establishes the purpose
and procedures of informal public
hearings. Although the presiding officer
of such hearings is an ALJ, and
questioning by interested parties is
allowed on crucial issues, the
proceeding is informal and legislative in
purpose. Therefore, the hearing
provides interested parties with an
opportunity to make effective and
expeditious oral presentations in the
absence of procedural restraints or rigid
procedures that could impede or
protract the rulemaking process. In
addition, the hearing is an informal
administrative proceeding, rather than
an adjudicative one in which the
technical rules of evidence would
apply, because its primary purpose is to
gather and clarify information. The
regulations that govern public hearings,
and the prehearing guidelines issued for
this hearing, will ensure participants
fairness and due process, and will
facilitate the development of a clear,
accurate, and complete record.
Accordingly, application of these rules
and guidelines will be such that
questions of relevance, procedure, and
participation generally will favor
development of the record.
Conduct of the hearing will conform
to the provisions of 29 CFR part 1911,
‘‘Rules of Procedure for Promulgating,
Modifying, or Revoking Occupational
Safety and Health Standards.’’ The
regulation at 29 CFR 1911.4,
‘‘Additional or Alternative Procedural
Requirements,’’ specifies that the
Assistant Secretary may, on reasonable
notice, issue alternative procedures to
E:\FR\FM\12OCP1.SGM
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59292
Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Proposed Rules
expedite proceedings or for other good
cause. Although the ALJs who preside
over these hearings make no decision or
recommendations on the merits of
OSHA’s proposal, they do have the
responsibility and authority to ensure
that the hearing progresses at a
reasonable pace and in an orderly
manner. To ensure that interested
parties receive a full and fair informal
hearing as specified by 29 CFR part
1911, the ALJ has the authority and
power to: Regulate the course of the
proceedings; dispose of procedural
requests, objections, and comparable
matters; confine the presentations to
matters pertinent to the issuers raised;
use appropriate means to regulate the
conduct of the parties who are present
at the hearing; question witnesses, and
permit others to question witnesses; and
limit the time for such questioning. At
the close of the hearing, the ALJ will
establish a post-hearing comment period
for parties who participated in the
hearing. During the first part of this
period, the participants may submit
additional data and information to
OSHA; during the second part of this
period, they may submit briefs,
arguments, and summations.
Notice of Intention to Appear to
Provide Testimony at the Informal
Public Hearing. Interested parties who
intend to provide oral testimony at the
informal public hearings must file a
notice of intention to appear by using
the procedures specified earlier in the
sections titled DATES and ADDRESSES.
This notice must provide the: name,
address, and telephone number of each
individual who will provide testimony,
and their preferred hearing location;
capacity (for example, the name of the
establishment or organization the
individual is representing and the
individual’s occupational title and
position) in which each individual will
testify; approximate amount of time
required for each individual’s
testimony; specific issues each
individual will address, including a
brief statement of the position that the
individual will take with respect to each
of these issues; and a brief summary of
any documentary evidence the
individual intends to present.
OSHA emphasizes that the hearings
are open to the public, and that
interested parties are welcome to attend.
However, only a party who files a
complete notice of intention to appear
may ask questions and participate fully
in the proceedings. While a party who
did not file a notice of intention to
appear may be allowed to testify at the
hearing if time permits, this
determination is at the discretion of the
presiding ALJ.
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16:54 Oct 11, 2005
Jkt 208001
Hearing Testimony and Documentary
Evidence. Any party requesting more
than 10 minutes to testify at the
informal public hearing, or who intends
to submit documentary evidence at the
hearing, must provide the complete text
of the testimony and the documentary
evidence as specified earlier in the
sections listed DATES and ADDRESSES.
The Agency will review each
submission and determine if the
information it contains warrants the
amount of time requested. If OSHA
believes the requested time is excessive,
it will allocate an appropriate amount of
time to the presentation, and will notify
the participant of this action, and the
reasons for the action, before the
hearing. The Agency may limit to 10
minutes the presentation of any
participant who fails to comply
substantially with these procedural
requirements; in such instances, OSHA
may request the participant to return for
questioning later.
Certification of the Record and Final
Determination after the Informal Public
Hearing. Following the close of the
hearing and post-hearing comment
period, the presiding ALJ will certify the
record to the Assistant Secretary of
Labor for Occupational Safety and
Health; the record will consist of all of
the written comments, oral testimony,
and documentary evidence received
during the proceeding. However, the
ALJ does not make or recommend any
decisions as to the content of the final
standard. Following certification of the
record, OSHA will review the proposed
provisions in light of all the evidence
received as part of the record, and then
will issue the final rule based on the
entire record.
Authority and Signature
This document was prepared under
the direction of Jonathan L. Snare,
Deputy Assistant Secretary of Labor of
Occupational Safety and Health, 200
Constitution Avenue, NW., Washington,
DC 20210.
This action is taken pursuant to
sections 4, 6, and 8 of the Occupational
Safety and Health Act of 1970 (29 U.S.C.
653, 655, 657), Secretary of Labor’s
Order No. 5–2002 (67 FR 65008), and 29
CFR part 1911.
Dated: Signed at Washington, DC this 6th
day of October, 2005.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
[FR Doc. 05–20421 Filed 10–11–05; 8:45 am]
BILLING CODE 4510–26–M
PO 00000
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Fmt 4702
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 05–2636; MB Docket No. 05–274, RM–
11274; MB Docket No. 05–275, RM–11275]
Radio Broadcasting Services;
Coalgate, OK; and Silver Springs
Shores, FL
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: This document proposes new
FM broadcast allotments at Coalgate,
Oklahoma and Silver Springs Shores,
Florida. The Audio Division, Media
Bureau, requests comment on a petition
filed by Charles Crawford, proposing the
allotment of Channel 242A at Coalgate,
Oklahoma, as the community’s second
local aural transmission service.
Channel 242A can be allotted to
Coalgate in compliance with the
Commission’s minimum distance
separation requirements with a site
restriction of 6.9 kilometers (4.3 miles)
south of Coalgate. The reference
coordinates for Channel 242A at
Coalgate are 34–35–00 North Latitude
and 96–10–00 West Longitude. See
SUPPLEMENTARY INFORMATION, infra.
DATES: Comments must be filed on or
before November 25, 2005, and reply
comments on or before December 12,
2005.
Federal Communications
Commission, 445 Twelfth Street, SW.,
Washington, DC 20554. In addition to
filing comments with the FCC,
interested parties should serve the
petitioner, his counsel, or consultant, as
follows: Charles Crawford; 4553
Bordeaux Ave.; Dallas, Texas 75205;
and Carrie Tutera Martin; 726 Stetson
Street; Orlando, Florida 32804.
FOR FURTHER INFORMATION CONTACT: R.
Barthen Gorman, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Notice of
Proposed Rule Making, MB Docket Nos.
05–274, and 05–275, adopted September
29, 2005 and released October 3, 2005.
The full text of this Commission
document is available for inspection
and copying during regular business
hours at the FCC’s Reference
Information Center, Portals II, 445
Twelfth Street, SW., Room CY–A257,
Washington, DC 20554. The complete
text of this decision may also be
purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc., 445 12th Street, SW.,
Room CY–B402, Washington, DC,
ADDRESSES:
E:\FR\FM\12OCP1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Proposed Rules]
[Pages 59290-59292]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20421]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910 and 1926
[Docket No. S-0215]
RIN 1218-AB67
Electric Power Generation, Transmission, and Distribution;
Electrical Protective Equipment; Extension of Comment Period; Change in
Date of Public Hearing
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice of hearing; extension of comment period; reopening of
the period to file notices of intention to appear at an informal public
hearing; additional issues for comment.
-----------------------------------------------------------------------
SUMMARY: This notice reschedules an informal hearing on the proposed
standards on electric power generation, transmission, and distribution
and on electrical protective equipment, which were published on June
15, 2005. It also reopens the period to file notices of intention to
appear at the informal public hearing, extends the period for written
comments on the proposal, extends the period to provide the complete
text of testimony and documentary evidence, and identifies additional
issues on which OSHA is seeking comment. These periods are extended 90
days with this notice.
DATES: Comments. Comments on the proposal must be submitted (postmarked
or sent) by January 11, 2006.
Informal public hearing. OSHA will hold an informal public hearing
in Washington, DC, beginning March 6, 2006. The hearing will commence
at 1 p.m. on the first day, and at 9 a.m. on the second and subsequent
days.
Notices of intention to appear. Parties who intend to present
testimony at the informal public hearing must notify OSHA in writing of
their intention to do so no later than November 11, 2005.
Hearing testimony and documentary evidence. Parties who request
more than 10 minutes for their presentations at the informal public
hearing and parties who will submit documentary evidence at the hearing
must submit the full text of their testimony and all documentary
evidence postmarked no later than February 1, 2006.
ADDRESSES: You may submit written comments, notices of intention to
appear, hearing testimony, and documentary evidence--identified by
docket number (S-215) or RIN number (1218-AB67)--by any of the
following methods.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
OSHA Web site: https://dockets.osha.gov/. Follow the
instructions for submitting comments on OSHA's Web page.
Fax: If your written comments are 10 pages or fewer, you
may fax them to the OSHA Docket Office at (202) 693-1648.
Regular mail, express delivery, hand delivery, and courier
service: Submit three copies to the OSHA Docket Office, Docket No. S-
215, U.S. Department of Labor, 200 Constitution Avenue, NW., Room
N2625, Washington, DC 20210; telephone (202) 693-2350. (OSHA's TTY
number is (877) 889-5627.) OSHA Docket Office hours of operation are
8:15 a.m. to 4:45 p.m., e.s.t.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be posted without change to
https://dockets.osha.gov/, including any personal information provided.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to read comments and background
documents that can be posted go to https://dockets.osha.gov/. Written
comments received, notices of intention to appear, and all other
material related to the development of the proposed standard will be
available for inspection and copying in the public record in the Docket
Office at the address listed previously.
Hearing: The hearing will be held in the auditorium of the U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington DC.
FOR FURTHER INFORMATION CONTACT:
General information and press inquiries: Mr. Kevin Ropp, Director,
Office of Communications, Room N3647, OSHA, U.S. Department of Labor,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-1999.
Technical information: Mr. David Wallis, Director, Office of
Engineering Safety, Room N3609, OSHA, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2277 or fax (202) 693-1663.
Hearings: Ms. Veneta Chatmon, OSHA Office of Communications,
Occupational Health and Safety Administration, Room N3647; 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
1999.
Electronic copies of this Federal Register notice, as well as news,
are available at OSHA's Web page on the Internet at https://
www.osha.gov.
SUPPLEMENTARY INFORMATION: On June 15, 2005, OSHA published a proposal
that would update the standards on electric power generation,
transmission, and distribution and on electrical protective equipment
for general industry and construction (70 FR 34822). Interested parties
were given until August 15, 2005, to submit notices of intention to
appear at an informal hearing, and they were given until October 13,
2005, to submit written comments.
The Edison Electric Institute (EEI) requested that OSHA extend the
rulemaking period by 90 days. EEI argued that an extension is warranted
because of the involvement of their membership in electric power
restoration following Hurricane Katrina, as follows:
EEI is the association of the nation's investor owned electric
companies. Many EEI member companies, their employees, and
contractors they regularly engage, are now overwhelmingly occupied
with providing assistance in the areas affected by Hurricane
Katrina. This is especially so as to those involved in electric
power transmission and distribution construction, as sister
companies work to provide mutual aid, including restoration of
electric power, to customers of those companies whose service
territories include affected portions of southern states.
[[Page 59291]]
Stated simply, those involved in managing and performing such work
are likely to have little, if any, time now or in the coming few
months to focus on assisting EEI to prepare comments on the proposed
rule.
OSHA has received similar requests from other organizations.
The Agency recognizes that many of the parties who would be
interested in this rulemaking are heavily involved in responding to the
destruction caused by Hurricane Katrina. The affected contractors and
electric utilities, including utilities providing assistance directly
affected areas, are likely to be spending significant resources on the
restoration efforts, As EEI notes, these contractors and utilities will
have little time in the next couple of months to respond to OSHA's
request for comments on the proposed standards. Therefore, OSHA is
extending the rulemaking period by 90 days.
Issues
In the preamble to the proposal, OSHA specifically requested
comments in nearly seventy areas, involving such issues as safe work
procedures and requirements for protective equipment. For instance,
OSHA requested comments on how employees can be insulated or isolated
from multiphase exposure (70 FR 34831) and on whether the standard
should require the employer to provide automated external
defibrillators (70 FR 34842). OSHA received over 30 notices of
intention to appear (NOITA) in response to the notice of proposed
rulemaking (NPRM). The NOITAs raised many issues related to the
proposal, some of which went beyond those listed in the NPRM. OSHA will
consider evidence introduced on these issues during the rulemaking and
invites the public to comment on them:
Whether the standard should include ground-to-ground,
cradle-to-cradle, or lock-to-lock rubber glove and sleeve requirements;
Whether the standard should include specific multicrew
tagging requirements;
Whether the standard should include tagging requirements
for systems using supervisory control and data acquisition (SCADA)
equipment; \1\
---------------------------------------------------------------------------
\1\ SCADA is a computer system for monitoring and controlling
equipment (in this case, electric power transmission and
distribution lines and equipment).
---------------------------------------------------------------------------
Whether OSHA should revise the order of removal of
protective grounds for the protection of employees as given in proposed
Sec. 1926.962(f)(2) and Sec. 1910.269(n)(7);
Whether the standard should include specific requirements
for the creation of an equipotential zone;
Whether the standard should include requirements for an
information trail tracking the job briefing between all levels of
employees associated with the job, for example, between the supervisor,
employee-in-charge, and crewmember;
Whether the standard should require fall arrest or work
positioning equipment for employees transferring to another object
while climbing; and
Whether the provisions for the testing of fall protection
equipment in proposed Sec. 1926.954(b) and Sec. 1910.269(g)(2) are
appropriate.
OSHA is not limiting comments, hearing requests, and documentary
evidence to only these areas. OSHA invites comments, hearing requests,
and documentary evidence on all issues raised by the proposal.
Public Participation--Comments and Hearings
OSHA encourages members of the public to participate in this
rulemaking by submitting comments on the proposal, and by providing
oral testimony and documentary evidence at the informal public hearing
that the Agency will convene after the comment period ends. In this
regard, the Agency invites interested parties having knowledge of, or
experience with, safety related to working on electric power
generation, transmission, or distribution installations to participate
in this process, and welcomes any pertinent data and cost information
that will provide it with the best available evidence on which to
develop the final standard.
This section describes the procedures the public must use to submit
their comments to the docket in a timely manner, and to schedule an
opportunity to deliver oral testimony and provide documentary evidence
at the informal public hearings. Comments, notices of intention to
appear, hearing testimony, and documentary evidence will be available
for inspection and copying at the OSHA Docket Office. You also should
read the earlier sections titled DATES and ADDRESSES for additional
information on submitting comments, documents, and requests to the
Agency for consideration in this rulemaking.
Written comments. OSHA invites interested parties to submit written
data, views, and arguments concerning this proposal. In particular,
OSHA encourages interested parties to comment on the various issues
raised in the summary and explanation of the proposal (70 FR 34826-
34893) and in this notice. When submitting comments, parties must
follow the procedures specified earlier in the sections titled DATES
and ADDRESSES. The comments must clearly identify the provision of the
proposal you are addressing, the position taken with respect to each
issue, and the basis for that position. Comments, along with supporting
data and references, received by the end of the specified comment
period will become part of the proceedings record, and will be
available for public inspection and copying at the OSHA Docket Office.
Informal Public Hearing. Pursuant to section 6(b)(3) of the
Occupational Safety and Health Act, members of the public will have an
opportunity at an informal public hearing to provide oral testimony
concerning the issues raised in this proposal. The hearings will
connect at 1 p.m. on March 6, 2006. At that time, the presiding
administrative law judge (ALJ) will resolve any procedural matters
relating to the proceeding. The hearings will reconvene on subsequent
days at 9 a.m.
The legislative history of section 6 of the OSH Act, as well as
OSHA's regulation governing public hearings (29 CFR 1911.15),
establishes the purpose and procedures of informal public hearings.
Although the presiding officer of such hearings is an ALJ, and
questioning by interested parties is allowed on crucial issues, the
proceeding is informal and legislative in purpose. Therefore, the
hearing provides interested parties with an opportunity to make
effective and expeditious oral presentations in the absence of
procedural restraints or rigid procedures that could impede or protract
the rulemaking process. In addition, the hearing is an informal
administrative proceeding, rather than an adjudicative one in which the
technical rules of evidence would apply, because its primary purpose is
to gather and clarify information. The regulations that govern public
hearings, and the prehearing guidelines issued for this hearing, will
ensure participants fairness and due process, and will facilitate the
development of a clear, accurate, and complete record. Accordingly,
application of these rules and guidelines will be such that questions
of relevance, procedure, and participation generally will favor
development of the record.
Conduct of the hearing will conform to the provisions of 29 CFR
part 1911, ``Rules of Procedure for Promulgating, Modifying, or
Revoking Occupational Safety and Health Standards.'' The regulation at
29 CFR 1911.4, ``Additional or Alternative Procedural Requirements,''
specifies that the Assistant Secretary may, on reasonable notice, issue
alternative procedures to
[[Page 59292]]
expedite proceedings or for other good cause. Although the ALJs who
preside over these hearings make no decision or recommendations on the
merits of OSHA's proposal, they do have the responsibility and
authority to ensure that the hearing progresses at a reasonable pace
and in an orderly manner. To ensure that interested parties receive a
full and fair informal hearing as specified by 29 CFR part 1911, the
ALJ has the authority and power to: Regulate the course of the
proceedings; dispose of procedural requests, objections, and comparable
matters; confine the presentations to matters pertinent to the issuers
raised; use appropriate means to regulate the conduct of the parties
who are present at the hearing; question witnesses, and permit others
to question witnesses; and limit the time for such questioning. At the
close of the hearing, the ALJ will establish a post-hearing comment
period for parties who participated in the hearing. During the first
part of this period, the participants may submit additional data and
information to OSHA; during the second part of this period, they may
submit briefs, arguments, and summations.
Notice of Intention to Appear to Provide Testimony at the Informal
Public Hearing. Interested parties who intend to provide oral testimony
at the informal public hearings must file a notice of intention to
appear by using the procedures specified earlier in the sections titled
DATES and ADDRESSES. This notice must provide the: name, address, and
telephone number of each individual who will provide testimony, and
their preferred hearing location; capacity (for example, the name of
the establishment or organization the individual is representing and
the individual's occupational title and position) in which each
individual will testify; approximate amount of time required for each
individual's testimony; specific issues each individual will address,
including a brief statement of the position that the individual will
take with respect to each of these issues; and a brief summary of any
documentary evidence the individual intends to present.
OSHA emphasizes that the hearings are open to the public, and that
interested parties are welcome to attend. However, only a party who
files a complete notice of intention to appear may ask questions and
participate fully in the proceedings. While a party who did not file a
notice of intention to appear may be allowed to testify at the hearing
if time permits, this determination is at the discretion of the
presiding ALJ.
Hearing Testimony and Documentary Evidence. Any party requesting
more than 10 minutes to testify at the informal public hearing, or who
intends to submit documentary evidence at the hearing, must provide the
complete text of the testimony and the documentary evidence as
specified earlier in the sections listed DATES and ADDRESSES. The
Agency will review each submission and determine if the information it
contains warrants the amount of time requested. If OSHA believes the
requested time is excessive, it will allocate an appropriate amount of
time to the presentation, and will notify the participant of this
action, and the reasons for the action, before the hearing. The Agency
may limit to 10 minutes the presentation of any participant who fails
to comply substantially with these procedural requirements; in such
instances, OSHA may request the participant to return for questioning
later.
Certification of the Record and Final Determination after the
Informal Public Hearing. Following the close of the hearing and post-
hearing comment period, the presiding ALJ will certify the record to
the Assistant Secretary of Labor for Occupational Safety and Health;
the record will consist of all of the written comments, oral testimony,
and documentary evidence received during the proceeding. However, the
ALJ does not make or recommend any decisions as to the content of the
final standard. Following certification of the record, OSHA will review
the proposed provisions in light of all the evidence received as part
of the record, and then will issue the final rule based on the entire
record.
Authority and Signature
This document was prepared under the direction of Jonathan L.
Snare, Deputy Assistant Secretary of Labor of Occupational Safety and
Health, 200 Constitution Avenue, NW., Washington, DC 20210.
This action is taken pursuant to sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657),
Secretary of Labor's Order No. 5-2002 (67 FR 65008), and 29 CFR part
1911.
Dated: Signed at Washington, DC this 6th day of October, 2005.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
[FR Doc. 05-20421 Filed 10-11-05; 8:45 am]
BILLING CODE 4510-26-M
