Confined Spaces in Construction, 21292-21294 [E8-8460]
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21292
Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Proposed Rules
(3) The smoke from a smoke source
below the flight deck and passenger
cabin must not rise above armrest height
on the main deck.
(4) The smoke from a source on the
same level as the flight deck and
passenger cabin must dissipate rapidly
via dilution with fresh air and be
evacuated from the airplane. A
procedure must be included in the
Airplane Flight Manual to evacuate
smoke from the occupied areas of the
airplane. In order to demonstrate that
the quantity of smoke is small, a flight
test must be conducted which simulates
the emergency procedures used in the
event of a fire during flight, including
the use of Vmo/Mmo descent profiles and
a simulated landing, if such conditions
are specified in the emergency
procedure.
2. Requirement for fire detection in
electrical/electronic equipment bays:
(a) A smoke or fire detection system
compliant with §§ 25.858 and 25.855
must be provided that will detect fire/
smoke within each electrical/electronic
equipment bay.
(b) Each system must provide a visual
indication to the flight deck within one
minute after the start of a fire in an
electrical/electronic equipment bay.
(c) Airplane flight tests must be
conducted to show compliance with
these requirements, and the
performance of the smoke or fire
detectors must be shown in accordance
with guidance provided in the latest
version of Advisory Circular 25–9, or
other means acceptable to the FAA.
(d) A procedure to shut down all nonessential systems in the electrical/
electronic equipment bays following a
smoke detection in any electrical/
electronic equipment bay must be
included in the Airplane Flight Manual.
Issued in Renton, Washington, on April 11,
2008.
Philip L. Forde,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–8577 Filed 4–18–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
rfrederick on PROD1PC67 with PROPOSALS
29 CFR Part 1926
[Docket No. OSHA–2007–0026]
RIN 1218–AB47
Confined Spaces in Construction
Occupational Safety and Health
Administration (OSHA), Labor.
AGENCY:
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15:19 Apr 18, 2008
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ACTION:
Proposed rule; notice of hearing.
SUMMARY: OSHA is convening an
informal public hearing to receive
testimony and documentary evidence
on the proposed rule for Confined
Spaces in Construction.
DATES: Informal Public Hearing. The
Agency will hold the informal public
hearing in Washington, DC beginning
July 22, 2008. The hearing will
commence at 10 a.m. on the first day.
If necessary, a second or third day will
be scheduled. The hearing will begin at
9 a.m. on subsequent days.
Notice of intention to appear to
provide testimony at the informal public
hearing. 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 May 21,
2008.
Hearing Testimony and Documentary
Evidence. Parties who are requesting
more than 10 minutes to present their
testimony, or who will be submitting
documentary evidence at the hearing,
must provide the Agency with copies of
their full testimony and all documentary
evidence they plan to present by June
20, 2008.
ADDRESSES: Informal Public Hearing.
The informal public hearing will be
held in Washington, DC, in the
auditorium on the plaza level of the
Frances Perkins Building, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC.
Notices of intention to appear at the
hearing, hearing testimony, and
documentary evidence. Submit notices
of intention to appear at the informal
public hearing, hearing testimony, and
documentary evidence, identified by the
docket number (OSHA 2007–0026) or
the regulatory information number (RIN;
1218–AB47), using any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting the material.
• Facsimile: Send submissions
consisting of 10 or fewer pages to the
OSHA Docket Office at (202) 693–1648.
Hard copies of these documents are not
required. Instead of transmitting
facsimile copies of attachments that
supplement these documents (e.g.,
studies, journal articles), submit these
attachments, in triplicate hard copy, to
the OSHA Docket Office, Technical Data
Center, Room N–2625, OSHA, U.S.
Department of Labor, 200 Constitution
Ave., NW., Washington, DC 20210.
These attachments must clearly identify
the sender’s name, date, subject, and
docket number (i.e., OSHA–2007–0026)
so that the agency can attach them to the
appropriate document.
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• Regular mail, express delivery,
hand delivery, and courier service: Send
submissions in triplicate (3 copies) to
the OSHA Docket Office, Docket No.
OSHA–2007–0026, Technical Data
Center, Room N–2625, OSHA, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone (202) 693–2350 (OSHA’s TTY
number is (877) 889–5627). Note that
security-related problems may result in
significant delays in receiving
submissions by regular mail. Please
contact the OSHA Docket Office for
information about security procedures
concerning delivery of materials by
express delivery, hand delivery, or
courier service. The OSHA Docket
Office and Department of Labor hours of
operation are 8:15 a.m. to 4:45 p.m., ET.
Instructions. All submissions must
include the agency name and the OSHA
docket number (i.e., OSHA–2007–0026).
All submissions, including any personal
information, are placed in the public
docket without revision, and will be
available online at https://
www.regulations.gov. Therefore, OSHA
cautions members of the public against
submitting information and statements
that should remain private, including
comments that contain personal
information (either about themselves or
others) such as social security numbers,
birth dates, and medical data. For
additional information on submitting
notices of intention to appear, the text
of testimony, and documentary
evidence, see the Public Participation—
Comments and Hearings section below.
Docket. To read or download
comments or other material in the
docket, go to https://www.regulations.gov
or to the OSHA Docket Office at the
address above. Documents in the docket
are listed in the https://
www.regulations.gov index. However,
some information (e.g., copyrighted
material) is not publicly available to
read or download through this Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Contact the OSHA Docket Office for
assistance in locating docket
submissions, including notices of
intention to appear, the text of
testimony, and documentary evidence.
FOR FURTHER INFORMATION CONTACT: For
general information and press inquiries,
contact Ms. Jennifer Ashley, Director,
Office of Communications, Room N–
3647, OSHA, U.S. Department of Labor,
200 Constitution Avenue, NW.,
Washington, DC 20210; telephone: (202)
693–1999. For technical inquiries,
contact Mr. Garvin Branch, Directorate
of Construction, Room N–3468, OSHA,
E:\FR\FM\21APP1.SGM
21APP1
rfrederick on PROD1PC67 with PROPOSALS
Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Proposed Rules
U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone (202) 693–2020 or
fax (202) 693–1689. For hearing
information, contact Ms. Veneta
Chatmon, Office of Communications,
Room N–3647, OSHA, U.S. Department
of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone:
(202) 693–1999. Electronic copies of this
Federal Register notice, as well as news
releases and other relevant documents,
are available at OSHA’s homepage at
https://www.osha.gov.
SUPPLEMENTARY INFORMATION: OSHA
published the proposed Confined
Spaces in Construction Standard on
November 28, 2007 (72 FR 67351). The
period for submitting written comments
was to expire on January 28, 2008, but
was extended to February 28, 2008 (73
FR 3893). During this comment period,
a number of commenters (see, e.g., Exs.
OSHA–2007–0026–0024.1, –0026,
–0030.1, –0032, –0027, –0032, –0057)
requested an informal public hearing.
With this notice, OSHA is granting these
requests.
Public Participation—Comments and
Hearings: OSHA encourages members of
the public to participate in this
rulemaking by providing oral testimony
and documentary evidence at the
informal public hearing. Accordingly,
the Agency invites interested parties
having knowledge of, or experience
with, the issues raised in the NPRM to
participate in this process, and
welcomes any pertinent data that will
provide the Agency with the best
available evidence to use in developing
the final rule. This section describes the
procedures the public must use to
schedule an opportunity to deliver oral
testimony and to provide documentary
evidence at the informal public hearing.
Hearing Arrangements. Pursuant to
section 6(b)(3) of the Occupational
Safety and Health Act (the Act; 29
U.S.C. 655), members of the public have
an opportunity at the informal public
hearing to provide oral testimony
concerning the issues raised in the
NPRM. An administrative law judge
(ALJ) will preside over the hearing, and
will resolve any procedural matters
relating to the hearing on the first day.
Purpose of the Hearing. The
legislative history of Section 6 of the
Act, as well as the Agency’s regulation
governing public hearings (29 CFR
1911.15), establish the purpose and
procedures of informal public hearings.
Although the presiding officer of the
hearing is an ALJ, and questions by
interested parties are allowed on
pertinent issues, the hearing is informal
and legislative in purpose. Therefore,
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the hearing provides interested parties
with an opportunity to make effective
and expeditious oral presentations in
the absence of procedural restraints that
could impede or protract the rulemaking
process. The hearing is not an
adjudicative proceeding subject to the
technical rules of evidence. Instead, it is
an informal administrative proceeding
convened for the purpose of gathering
and clarifying information. The
regulations that govern the hearing, and
the pre-hearing guidelines issued for the
hearing, will ensure that participants are
treated fairly and have due process. This
approach 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, procedures,
and participation will be decided in
favor of developing a complete record.
Conduct of the Hearing. Conduct of
the hearing will conform to the
provisions of 29 CFR 1911.5. Although
the ALJ presiding over the hearing
makes no decision or recommendation
on the merits of the NPRM or the final
rule, the ALJ has 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, the ALJ has the
authority and power to: regulate the
course of the proceedings; dispose of
procedural requests, objections, and
similar matters; confine the
presentations to matters pertinent to the
issues 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
questions. 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, and 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
hearings. Hearing participants must file
a notice of intention to appear that
provides the following information: The
name, address, and telephone number of
each individual who will provide
testimony; the capacity in which the
individual will testify (e.g., name of the
establishment/organization the
individual is representing; the
individual’s occupational title and
position); approximate amount of time
requested for the individual’s testimony;
specific issues the individual will
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21293
address, including a brief description of
the position that the individual will take
with respect to each of these issues; and
any documentary evidence the
individual will present, including a
brief summary of the evidence.
OSHA emphasizes that, while the
hearing is open to the public and
interested parties are welcome to attend,
only a party who files a proper notice
of intention to appear may ask questions
and participate fully in the hearing. A
party who did not file a notice of
intention to appear may be allowed to
testify at the hearing if time permits, but
this determination is at the discretion of
the presiding ALJ.
Hearing Testimony and Documentary
Evidence. OSHA will review each
submission and determine if the
information it contains warrants the
amount of time requested. OSHA then
will allocate an appropriate amount of
time to each presentation, and will
notify the participants of the time
allotted to their presentations. Prior to
the hearing, the Agency will notify the
participant if the allotted time is less
than the requested time, and will
provide the reasons for this action.
OSHA may limit to 10 minutes the
presentation of any participant who fails
to comply substantially with these
procedural requirements. The Agency
also may request a participant to return
for questions at a later time.
Certification of the record and final
determination after the informal public
hearing. Following the close of the
hearing and post-hearing comment
period, the ALJ will certify the record to
the Assistant Secretary of Labor for
Occupational Safety and Health. This
record will consist of all of the written
comments, oral testimony, documentary
evidence, and other material received
during the hearing. 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
determinations based on the entire
record.
Authority and Signature
This document was prepared under
the authority of Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210,
pursuant to Sections 6(b) of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 655), Secretary of
Labor’s Order 5–2007 (72 FR 31160),
and 29 CFR part 1911.
E:\FR\FM\21APP1.SGM
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21294
Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Proposed Rules
Signed at Washington, DC this 15th day of
April 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–8460 Filed 4–18–08; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0160]
RIN 1625–AA00
Safety Zone: Ocean City Air Show,
Atlantic Ocean, Ocean City, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
rfrederick on PROD1PC67 with PROPOSALS
ACTION:
SUMMARY: The Coast Guard proposes to
establish a safety zone on the Atlantic
Ocean in the vicinity of Ocean City, MD
in support of the Ocean City Air Show.
This action is intended to restrict vessel
traffic movement on the Atlantic Ocean
to protect mariners from the hazards
associated with the air show.
DATES: Comments and related material
must reach the Coast Guard on or before
May 21, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0160 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(3) Hand Delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call Lieutenant Junior Grade
TaQuitia Winn, Waterways Management
Division, Sector Hampton Roads at (757)
668–5580. If you have questions on
viewing or submitting material to the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
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15:19 Apr 18, 2008
Jkt 214001
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0160),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or hand delivery to the Docket
Management Facility at the address
under ADDRESSES; but please submit
your comments and material by only
one means. If you submit them by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit them by
mail and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time,
click on ‘‘Search for Dockets,’’ and enter
the docket number for this rulemaking
(USCG–2008–0160) in the Docket ID
box, and click enter. You may also visit
either the Docket Management Facility
in Room W12–140 on the ground floor
of the DOT West Building, 1200 New
Jersey Avenue, SE., Washington, DC
20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays; or the Commander, Sector
Hampton Roads, Norfolk Federal
Building, 200 Granby St., 7th Floor
between 9 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
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Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
On June 9, 2008, June 10, 2008 and
June 11, 2008 the town of Ocean City,
MD, will sponsor an air show that is to
be held on the Atlantic Ocean between
7th Street and 25th Street in Ocean City,
MD. Due to the need to protect mariners
and the public from the hazards
associated with the air show, a safety
zone bound by the following
coordinates will be enforced:
38°¥20′¥59.6″ N/075°¥03′¥44.4″ W,
38°¥21′¥10″ N/075°¥04′¥19.9″ W,
38°¥20′¥03.8″ N/075°¥04′¥10.6″ W,
38°¥20′¥14.1″ N/075°¥04′¥45.6″ W
(NAD 1983). Access to this area will be
temporarily restricted for public safety.
Discussion of Proposed Rule
The Coast Guard proposes to establish
a safety zone on the Atlantic Ocean
between 7th Street and 25th Street in
Ocean City, MD. This safety zone
bound, by coordinates 38°¥20′¥59.6″
N/075°¥03′¥44.4″ W, 38°¥21′¥10″ N/
075°¥04′¥19.9″ W, 38°¥20′¥03.8″ N/
075°¥04′¥10.6″ W, 38°¥20′¥14.1″ N/
075°¥04′¥45.6″ W (NAD 1983), will be
established during the Ocean City Air
Show and be enforced from 10 a.m. to
4 p.m. on June 9, 2008, 10 a.m. to 4 p.m.
on June 10, 2008 and from 10 a.m. to 4
p.m. on June 11, 2008. In the interest of
public safety, access to the safety zone
will be restricted during the specified
date and times. Except for participants
and vessels authorized by the Captain of
the Port or his Representative, no person
or vessel may enter or remain in the
safety zone.
Regulatory Evaluation
We developed this proposed rule after
considering numerous statutes and
E:\FR\FM\21APP1.SGM
21APP1
]]>Agencies
[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Proposed Rules]
[Pages 21292-21294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8460]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1926
[Docket No. OSHA-2007-0026]
RIN 1218-AB47
Confined Spaces in Construction
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule; notice of hearing.
-----------------------------------------------------------------------
SUMMARY: OSHA is convening an informal public hearing to receive
testimony and documentary evidence on the proposed rule for Confined
Spaces in Construction.
DATES: Informal Public Hearing. The Agency will hold the informal
public hearing in Washington, DC beginning July 22, 2008. The hearing
will commence at 10 a.m. on the first day. If necessary, a second or
third day will be scheduled. The hearing will begin at 9 a.m. on
subsequent days.
Notice of intention to appear to provide testimony at the informal
public hearing. 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 May 21, 2008.
Hearing Testimony and Documentary Evidence. Parties who are
requesting more than 10 minutes to present their testimony, or who will
be submitting documentary evidence at the hearing, must provide the
Agency with copies of their full testimony and all documentary evidence
they plan to present by June 20, 2008.
ADDRESSES: Informal Public Hearing. The informal public hearing will be
held in Washington, DC, in the auditorium on the plaza level of the
Frances Perkins Building, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC.
Notices of intention to appear at the hearing, hearing testimony,
and documentary evidence. Submit notices of intention to appear at the
informal public hearing, hearing testimony, and documentary evidence,
identified by the docket number (OSHA 2007-0026) or the regulatory
information number (RIN; 1218-AB47), using any of the following
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting the material.
Facsimile: Send submissions consisting of 10 or fewer
pages to the OSHA Docket Office at (202) 693-1648. Hard copies of these
documents are not required. Instead of transmitting facsimile copies of
attachments that supplement these documents (e.g., studies, journal
articles), submit these attachments, in triplicate hard copy, to the
OSHA Docket Office, Technical Data Center, Room N-2625, OSHA, U.S.
Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210.
These attachments must clearly identify the sender's name, date,
subject, and docket number (i.e., OSHA-2007-0026) so that the agency
can attach them to the appropriate document.
Regular mail, express delivery, hand delivery, and courier
service: Send submissions in triplicate (3 copies) to the OSHA Docket
Office, Docket No. OSHA-2007-0026, Technical Data Center, Room N-2625,
OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202) 693-2350 (OSHA's TTY number is
(877) 889-5627). Note that security-related problems may result in
significant delays in receiving submissions by regular mail. Please
contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express delivery, hand
delivery, or courier service. The OSHA Docket Office and Department of
Labor hours of operation are 8:15 a.m. to 4:45 p.m., ET.
Instructions. All submissions must include the agency name and the
OSHA docket number (i.e., OSHA-2007-0026). All submissions, including
any personal information, are placed in the public docket without
revision, and will be available online at https://www.regulations.gov.
Therefore, OSHA cautions members of the public against submitting
information and statements that should remain private, including
comments that contain personal information (either about themselves or
others) such as social security numbers, birth dates, and medical data.
For additional information on submitting notices of intention to
appear, the text of testimony, and documentary evidence, see the Public
Participation--Comments and Hearings section below.
Docket. To read or download comments or other material in the
docket, go to https://www.regulations.gov or to the OSHA Docket Office
at the address above. Documents in the docket are listed in the https://
www.regulations.gov index. However, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office. Contact
the OSHA Docket Office for assistance in locating docket submissions,
including notices of intention to appear, the text of testimony, and
documentary evidence.
FOR FURTHER INFORMATION CONTACT: For general information and press
inquiries, contact Ms. Jennifer Ashley, Director, Office of
Communications, Room N-3647, OSHA, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-
1999. For technical inquiries, contact Mr. Garvin Branch, Directorate
of Construction, Room N-3468, OSHA,
[[Page 21293]]
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone (202) 693-2020 or fax (202) 693-1689. For hearing
information, contact Ms. Veneta Chatmon, Office of Communications, Room
N-3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone: (202) 693-1999. Electronic copies of
this Federal Register notice, as well as news releases and other
relevant documents, are available at OSHA's homepage at https://
www.osha.gov.
SUPPLEMENTARY INFORMATION: OSHA published the proposed Confined Spaces
in Construction Standard on November 28, 2007 (72 FR 67351). The period
for submitting written comments was to expire on January 28, 2008, but
was extended to February 28, 2008 (73 FR 3893). During this comment
period, a number of commenters (see, e.g., Exs. OSHA-2007-0026-0024.1,
-0026, -0030.1, -0032, -0027, -0032, -0057) requested an informal
public hearing. With this notice, OSHA is granting these requests.
Public Participation--Comments and Hearings: OSHA encourages
members of the public to participate in this rulemaking by providing
oral testimony and documentary evidence at the informal public hearing.
Accordingly, the Agency invites interested parties having knowledge of,
or experience with, the issues raised in the NPRM to participate in
this process, and welcomes any pertinent data that will provide the
Agency with the best available evidence to use in developing the final
rule. This section describes the procedures the public must use to
schedule an opportunity to deliver oral testimony and to provide
documentary evidence at the informal public hearing.
Hearing Arrangements. Pursuant to section 6(b)(3) of the
Occupational Safety and Health Act (the Act; 29 U.S.C. 655), members of
the public have an opportunity at the informal public hearing to
provide oral testimony concerning the issues raised in the NPRM. An
administrative law judge (ALJ) will preside over the hearing, and will
resolve any procedural matters relating to the hearing on the first
day.
Purpose of the Hearing. The legislative history of Section 6 of the
Act, as well as the Agency's regulation governing public hearings (29
CFR 1911.15), establish the purpose and procedures of informal public
hearings. Although the presiding officer of the hearing is an ALJ, and
questions by interested parties are allowed on pertinent issues, the
hearing 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
that could impede or protract the rulemaking process. The hearing is
not an adjudicative proceeding subject to the technical rules of
evidence. Instead, it is an informal administrative proceeding convened
for the purpose of gathering and clarifying information. The
regulations that govern the hearing, and the pre-hearing guidelines
issued for the hearing, will ensure that participants are treated
fairly and have due process. This approach 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, procedures, and participation will be decided in favor of
developing a complete record.
Conduct of the Hearing. Conduct of the hearing will conform to the
provisions of 29 CFR 1911.5. Although the ALJ presiding over the
hearing makes no decision or recommendation on the merits of the NPRM
or the final rule, the ALJ has 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, the ALJ has the authority and power to: regulate
the course of the proceedings; dispose of procedural requests,
objections, and similar matters; confine the presentations to matters
pertinent to the issues 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 questions. 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, and 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 hearings. Hearing participants must file a notice of intention
to appear that provides the following information: The name, address,
and telephone number of each individual who will provide testimony; the
capacity in which the individual will testify (e.g., name of the
establishment/organization the individual is representing; the
individual's occupational title and position); approximate amount of
time requested for the individual's testimony; specific issues the
individual will address, including a brief description of the position
that the individual will take with respect to each of these issues; and
any documentary evidence the individual will present, including a brief
summary of the evidence.
OSHA emphasizes that, while the hearing is open to the public and
interested parties are welcome to attend, only a party who files a
proper notice of intention to appear may ask questions and participate
fully in the hearing. A party who did not file a notice of intention to
appear may be allowed to testify at the hearing if time permits, but
this determination is at the discretion of the presiding ALJ.
Hearing Testimony and Documentary Evidence. OSHA will review each
submission and determine if the information it contains warrants the
amount of time requested. OSHA then will allocate an appropriate amount
of time to each presentation, and will notify the participants of the
time allotted to their presentations. Prior to the hearing, the Agency
will notify the participant if the allotted time is less than the
requested time, and will provide the reasons for this action. OSHA may
limit to 10 minutes the presentation of any participant who fails to
comply substantially with these procedural requirements. The Agency
also may request a participant to return for questions at a later time.
Certification of the record and final determination after the
informal public hearing. Following the close of the hearing and post-
hearing comment period, the ALJ will certify the record to the
Assistant Secretary of Labor for Occupational Safety and Health. This
record will consist of all of the written comments, oral testimony,
documentary evidence, and other material received during the hearing.
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 determinations based on the entire
record.
Authority and Signature
This document was prepared under the authority of Edwin G. Foulke,
Jr., Assistant Secretary of Labor for Occupational Safety and Health,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210, pursuant to Sections 6(b) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 655), Secretary of Labor's Order 5-2007 (72 FR
31160), and 29 CFR part 1911.
[[Page 21294]]
Signed at Washington, DC this 15th day of April 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-8460 Filed 4-18-08; 8:45 am]
BILLING CODE 4510-26-P
