General Working Conditions in Shipyard Employment, 36823-36825 [E8-14672]
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Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Proposed Rules
may have both metallic or nonmetallic
properties, may consist of copper (pinion
bearing), magnesium (pump case), and steel
(pinion) from the oil pump, and a
nonmetallic substance from the chemical
breakdown of the oil as it interacts with the
metal.
(b) Before further flight, if any sludge is
found on the chip detector, remove, open,
and inspect the pump.
(c) Before further flight, if the oil appears
dark in color when it is observed through the
MGB oil-sight glass, take an oil sample. If the
oil taken in the sample is dark or dark
purple, before further flight, remove, open,
and inspect the pump.
Note 1: Eurocopter France Alert Service
Bulletin No. 05.00.40, Revision 1, dated
January 5, 2006, and Emergency ASB No.
05.00.40, Revision 2, dated December 20,
2006, pertain to the subject of this AD.
(d) Within 25 hours TIS, unless
accomplished previously, after operating
both engines at normal operating revolutions
per minute (RPM) for at least 20 minutes to
ensure the MGB oil temperature has
stabilized, inspect the oil pump for wear by
following the Accomplishment Instructions,
paragraph 2.B.2., steps 1. through 6., of
Eurocopter Alert Service Bulletin No.
05.00.51, dated July 9, 2007 (ASB). This AD
does not require you to send the information
to the manufacturer.
(1) Record the outside air temperature
(OAT) and rotor speed (NR RPM) and plot
the point at which they intersect using the
graph in Figure 1 or 2 of the ASB.
(2) If the point on the graph at the
intersection of the recorded OAT and the NR
RPM falls within:
(i) Zone 3—Before further flight, replace
the MGB and pump with an airworthy MGB
and pump.
(ii) Zone 2—At intervals not to exceed 25
hours TIS, repeat the inspection procedures
by following the Accomplishment
Instructions, paragraph 2.B.2, steps 1 through
6, of the ASB. After being classified in ‘‘Zone
2,’’ you must obtain two successive
inspections separated by at least 24 hours TIS
that fall within Zone 1 before you can begin
to inspect at intervals not to exceed 110
hours TIS by following paragraph (d)(2)(iii)
of this AD for Zone 1.
Note 2: In addition to a worn oil pump, the
loss of oil pressure could also be due to a
clogged oil filter or cooler, a pinched hose,
or an inaccurate pressure switch.
(iii) Zone 1—At intervals not to exceed 110
hours TIS, repeat the inspection procedures
by following the Accomplishment
Instructions, paragraph 2.B.2., steps 1
through 6, of the ASB.
(3) Compliance with paragraphs (d)(1) and
(d)(2) of this AD constitutes terminating
action for the checks and inspections
required by paragraphs (a), (b), and (c) of this
AD.
(e) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Contact the Manager, Safety
Management Group, FAA, ATTN: Ed Cuevas,
Aviation Safety Engineer, Rotorcraft
Directorate, Fort Worth, Texas 76193–0111,
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15:21 Jun 27, 2008
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telephone (817) 222–5355, fax (817) 222–
5961.
Note 3: The subject of this AD is addressed
in European Aviation Safety Agency (EASA),
which is the Technical Agent for the Member
States of the European Community,
Emergency AD No. 2006–0378–E, dated
December 21, 2006, and AD No. 2007–0209E,
dated August 6, 2007.
Issued in Fort Worth, Texas, on June 19,
2008.
Judy I. Carl,
Acting Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. E8–14723 Filed 6–27–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1910 and 1915
[Docket No. OSHA–S049–2006–0675
(formerly OSHA Docket No. S–049)]
RIN 1218–AB50
General Working Conditions in
Shipyard Employment
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION: Proposed rule; notice of
informal public hearings.
AGENCY:
SUMMARY: OSHA is scheduling informal
public hearings on the proposed rule on
general working conditions in shipyard
employment.
DATES: Informal public hearings: The
hearings will begin at 9:30 a.m., on the
following dates:
• September 9, 2008, in Washington,
DC; and
• October 21, 2008, in Seattle, WA.
If necessary, the hearing will continue
at the same time on subsequent days at
each location.
Notice of intention to appear at the
hearing: Interested persons who intend
to present testimony or question
witnesses at either the Washington, DC,
or Seattle, WA, hearing must submit
(transmit, send, postmark, deliver) a
notice of their intention to do so by July
18, 2008.
Hearing testimony and documentary
evidence: Interested persons who
request more than 10 minutes to present
testimony or who intend to submit
documentary evidence at the hearing
must submit (transmit, send, postmark,
deliver) the full text of their testimony
and all documentary evidence by
August 8, 2008.
ADDRESSES:
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36823
Informal public hearings: The
Washington, DC, hearing will be held in
the auditorium of the U.S. Department
of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210. OSHA
will announce the address of the Seattle,
WA, hearing in a later Federal Register
document.
Notice of intention to appear, hearing
testimony and documentary evidence:
You may submit (transmit, send,
postmark, deliver) your notice of
intention to appear, hearing testimony,
and documentary evidence, identified
by docket number OSHA–S049–2006–
0675, by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions online for electronically
submitting materials, including
attachments;
• Fax: If your written submission
does not exceed 10 pages, including
attachments, you may fax it to the
OSHA Docket Office at (202) 693–1648;
or
• Regular mail, express delivery,
hand delivery, and messenger and
courier service: Submit your materials to
the OSHA Docket Office, Docket No.
OSHA–S049–2006–0675, U.S.
Department of Labor, Room N–2625,
200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202)
693–2350 (TTY number (877) 889–
5627). Deliveries (express mail, hand
delivery, and messenger and courier
service) are accepted during the
Department of Labor’s and OSHA
Docket Office’s normal hours of
operation, 8:15 a.m. to 4:45 p.m., e.t.
Instructions: All submissions must
include the Agency name and docket
number for this rulemaking (Docket No.
OSHA–S049–2006–0675). All
submissions, including any personal
information, are placed in the public
docket without change and may be
available online at https://
www.regulations.gov. Therefore, OSHA
cautions you about submitting certain
personal information such as social
security numbers and birthdates.
Because of security-related procedures,
the use of regular mail may cause a
significant delay in the receipt of your
submissions. For information about
security-related procedures for
submitting materials by express
delivery, hand delivery, messenger, or
courier service, please contact the
OSHA Docket Office. For additional
information on submitting notices of
intention to appear, hearing testimony
or documentary evidence, see the
SUPPLEMENTARY INFORMATION section of
this notice.
Docket: To read or download
background documents as well as
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Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Proposed Rules
comments and materials submitted in
response to the proposed rule or this
Federal Register notice, go to Docket
No. OSHA–S049–2006–0675 at https://
www.regulations.gov. All submissions
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 the Web
page. All submissions and other
material related to the proposed rule are
available for public inspection and
copying in the OSHA Docket Office. For
information on reading or downloading
materials in the docket and obtaining
materials not available through the Web
page, please contact the OSHA Docket
Office.
Electronic copies of this Federal
Register notice are available at https://
www.regulations.gov. This notice as
well as news releases and other relevant
information also are available at OSHA’s
Web page at https://www.osha.gov.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Jennifer Ashley,
OSHA, Office of Communications,
Room N–3647, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202)
693–1999.
Technical information: Joseph
Daddura, OSHA, Office of Maritime
Standards, Room N–3609, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone (202) 693–2222.
Hearings: Ms. Veneta Chatmon,
OSHA, Office of Communications,
Room N–3647; 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone (202) 693–1999; e-mail
chatmon.veneta@dol.gov.
On
December 20, 2007, OSHA published a
proposed rule to revise the standards on
general working conditions in shipyard
employment (72 FR 72451). The
deadline for submitting written
comments and hearing requests was
March 19, 2008. OSHA received several
hearing requests and is scheduling
hearings to begin on September 9, 2008,
in Washington, DC, and October 21,
2008, in Seattle, WA. This notice
describes the procedures the public
must use to participate in the hearings.
Informal public hearings—purpose,
rules and procedures. OSHA invites
interested persons to participate in this
rulemaking by providing oral testimony
and documentary evidence at the
informal public hearings. In particular,
OSHA invites interested persons who
have knowledge of or experience with
shipyard employment and the issues the
proposed rule raises to participate in the
dwashington3 on PRODPC61 with PROPOSALS
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
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hearings. OSHA also welcomes data and
documentary evidence that will assist
the Agency in developing a complete
and accurate record.
Pursuant to section 6(b)(3) of the
Occupational Safety and Health Act of
1970 (OSH Act) (29 U.S.C. 655),
members of the public have an
opportunity for an informal public
hearing on a proposed rule and the
issues it raises at which they may
provide oral testimony and evidence.
An administrative law judge (ALJ)
presides over the hearing and resolves
procedural matters relating to the
hearing.
The legislative history of section 6 of
the OSH Act, as well as OSHA’s rules
governing public hearings (29 CFR
1911.15), establish the purpose and
procedures of informal public hearings.
Although the presiding officer of such
hearings is an ALJ and questioning of
witnesses is allowed on crucial issues,
the proceeding is largely informal and
essentially legislative in purpose.
Therefore, the hearing provides
interested persons with an opportunity
to make oral presentations in the
absence of procedural restraints or rigid
procedures that could impede or
protract the rulemaking process. In
addition, because the primary purpose
of the hearing is to gather information
and clarify the record, it is an informal
administrative proceeding rather than
an adjudicative one in which the
technical rules of evidence apply.
OSHA’s rules governing public hearings
and the pre-hearing guidelines that the
ALJ issues for the hearings will ensure
fairness and due process for participants
as well as 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 be resolved
in favor development of the record.
Conduct of the hearing will conform
to OSHA’s Rules of Procedure for
Promulgating, Modifying, or Revoking
Occupational Safety and Health
Standards (29 CFR Part 1911). The rules
also specify that the Assistant Secretary
may, on reasonable notice, issue
additional or alternative procedures to
expedite the proceedings, to provide
greater procedural protections to
interested persons or to further any
other good cause consistent with
applicable law (29 CFR 1911.4).
Although the ALJs who preside over the
hearings make no decisions or
recommendations on the merits of
OSHA proposed rules, they do have the
responsibility and authority necessary
to ensure that the hearing progresses at
a reasonable pace and in an orderly
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manner and to ensure that interested
persons receive a full and fair hearing.
To effectuate that, ALJs have the power
to regulate the course of the
proceedings; dispose of procedural
requests, objections, and comparable
matters; confine presentations to matters
pertinent to the issues the proposed rule
raises; use appropriate means to regulate
the conduct of persons present at the
hearing; question witnesses and permit
others to do so; limit the time for such
questioning; and leave the record open
for a reasonable time after the hearing
for the submission of additional data,
evidence, comments and arguments (29
CFR 1911.16).
At the close of the hearing the ALJ
will establish a post-hearing comment
period for interested persons who filed
a timely notice of intention to appear at
the hearing. During the first part of the
post-hearing period, those persons may
submit additional data and information
to OSHA. During the second part they
may submit final briefs, arguments, and
summations.
Notice of intention to appear at the
hearing. Interested persons who intend
to participate in and provide oral
testimony or documentary evidence at
the hearing must file a written notice of
intention to appear prior to the hearing.
To testify or questions witnesses at
either the Washington, DC, or Seattle,
WA, hearing, interested persons must
submit (transmit, send, postmark,
deliver) their notice by July 18, 2008.
The notice must provide the following
information:
• Name, address, and telephone
number of each individual who will
give oral testimony;
• Name of the establishment or
organization each individual represents,
if any;
• Occupational title and position of
each individual testifying;
• Hearing location at which each
individual wishes to appear and testify;
• Approximate amount of time
required for each individual’s
testimony;
• A brief statement of the position
each individual will take with respect to
the issues identified in the proposed
rule; and
• A brief summary of documentary
evidence each individual intends to
present.
OSHA emphasizes that the hearings
are open to the public; however, only
individuals who file a notice of
intention to appear may question
witnesses and participate fully at the
hearing. If time permits, and at the
discretion of the ALJ, an individual who
did not file a notice of intention to
appear may be allowed to testify at the
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Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Proposed Rules
dwashington3 on PRODPC61 with PROPOSALS
hearing, but for no more than 10
minutes.
Hearing testimony and documentary
evidence. Individuals who request more
than 10 minutes to present their oral
testimony at the hearing or who will
submit documentary evidence at the
hearing must submit (transmit, send,
postmark, deliver) the full text of their
testimony and all documentary
evidence no later than August 8, 2008.
The Agency will review each
submission and determine if the
information it contains warrants the
amount of time the individual requested
for the presentation. If OSHA believes
the requested time is excessive, the
Agency will allocate an appropriate
amount of time for the presentation. The
Agency also may limit to 10 minutes the
presentation of any participant who fails
to comply substantially with these
procedural requirements, and may
request that the participant return for
questioning at a later time. Before the
hearing, OSHA will notify participants
of the time the Agency is allowing for
their presentation and the reasons for its
decision. In addition, before the hearing
OSHA will provide the pre-hearing
guidelines and hearing schedule to each
participant.
Certification of the hearing record and
Agency final determination. Following
the close of the hearing and the posthearing comment periods, the 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. The ALJ, however, will not
make or recommend any decisions as to
the content of the final standard.
Following certification of the record,
OSHA will review all the evidence
received as part of the record and will
issue the final rule based on the record
as a whole.
Authority and Signature
Edwin G. Foulke, Jr., Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice under the
authority granted by section 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.
Signed at Washington, DC on this 23rd day
of June, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–14672 Filed 6–24–08; 8:45 am]
BILLING CODE 4510–26–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 155 and 156
[USCG–2001–9046]
RIN 1625–AB12
Tank Level or Pressure Monitoring
Devices on Single-Hull Tank Ships and
Single-Hull Tank Barges Carrying Oil
or Oil Residue as Cargo
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
remove its regulations for tank level or
pressure monitoring (TLPM) devices
because compliant devices remain
unavailable. In July 2005, we published
a final rule suspending Coast Guard
regulations for TLPM devices with a
request for public comments on the
status of TLPM technology development
and other means of detecting leaks from
oil cargo tanks into the water. We
received two comments supporting our
suspension of the regulations for TLPM
devices. We received no new
information on TLPM devices or
alternatives for detecting leaks into the
water from single-hull tank vessels
carrying oil or oil residue as cargo.
Based on the public response to the
suspension, the absence of new
information regarding TLPM devices or
alternatives, and the results of a
Congressionally-mandated study, the
Coast Guard revisited the feasibility and
practicality of retaining regulations for
TLPM devices on single-hull tank
vessels and concluded that it is
appropriate to remove these regulations.
DATES: Comments and related material
must reach the Docket Management
Facility on or before August 29, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2001–9046 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,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590.
(3) Hand Delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590. Deliveries may
be made between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
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36825
holidays. The telephone number is 202–
366–9329.
(4) Fax: 202–493–2251.
The Docket Management Facility
maintains the public docket for this
rulemaking. Comments and materials
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, will
become part of this docket and will be
available for inspection or copying at
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.
You can also find this docket on the
Internet at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, contact
Mr. Vincent Berg, Regulatory
Development Manager, Office of
Standards Evaluation and Development
(CG–523), Coast Guard, telephone 202–
372–1493, or e-mail address,
Vincent.F.Berg@uscg.mil. For technical
questions concerning tank level or
pressure monitoring devices contact Ms.
Dolores Mercier, Technical Program
Manager, Systems Engineering Division
(CG–521), Coast Guard, telephone 202–
372–1381, or e-mail
Dolores.Mercier@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Ms. Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–493–0402.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation and Request for
Comments
A. Submitting comments
B. Viewing comments and documents
C. Privacy Act
D. Public meeting
II. Background and Purpose
III. Regulatory Evaluation
A. Executive Order 12866
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. 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
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]]>Agencies
[Federal Register Volume 73, Number 126 (Monday, June 30, 2008)]
[Proposed Rules]
[Pages 36823-36825]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14672]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910 and 1915
[Docket No. OSHA-S049-2006-0675 (formerly OSHA Docket No. S-049)]
RIN 1218-AB50
General Working Conditions in Shipyard Employment
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Proposed rule; notice of informal public hearings.
-----------------------------------------------------------------------
SUMMARY: OSHA is scheduling informal public hearings on the proposed
rule on general working conditions in shipyard employment.
DATES: Informal public hearings: The hearings will begin at 9:30 a.m.,
on the following dates:
September 9, 2008, in Washington, DC; and
October 21, 2008, in Seattle, WA.
If necessary, the hearing will continue at the same time on
subsequent days at each location.
Notice of intention to appear at the hearing: Interested persons
who intend to present testimony or question witnesses at either the
Washington, DC, or Seattle, WA, hearing must submit (transmit, send,
postmark, deliver) a notice of their intention to do so by July 18,
2008.
Hearing testimony and documentary evidence: Interested persons who
request more than 10 minutes to present testimony or who intend to
submit documentary evidence at the hearing must submit (transmit, send,
postmark, deliver) the full text of their testimony and all documentary
evidence by August 8, 2008.
ADDRESSES:
Informal public hearings: The Washington, DC, hearing will be held
in the auditorium of the U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210. OSHA will announce the address of
the Seattle, WA, hearing in a later Federal Register document.
Notice of intention to appear, hearing testimony and documentary
evidence: You may submit (transmit, send, postmark, deliver) your
notice of intention to appear, hearing testimony, and documentary
evidence, identified by docket number OSHA-S049-2006-0675, by any of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions online for electronically submitting materials,
including attachments;
Fax: If your written submission does not exceed 10 pages,
including attachments, you may fax it to the OSHA Docket Office at
(202) 693-1648; or
Regular mail, express delivery, hand delivery, and
messenger and courier service: Submit your materials to the OSHA Docket
Office, Docket No. OSHA-S049-2006-0675, U.S. Department of Labor, Room
N-2625, 200 Constitution Avenue, NW., Washington, DC 20210; telephone
(202) 693-2350 (TTY number (877) 889-5627). Deliveries (express mail,
hand delivery, and messenger and courier service) are accepted during
the Department of Labor's and OSHA Docket Office's normal hours of
operation, 8:15 a.m. to 4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and
docket number for this rulemaking (Docket No. OSHA-S049-2006-0675). All
submissions, including any personal information, are placed in the
public docket without change and may be available online at https://
www.regulations.gov. Therefore, OSHA cautions you about submitting
certain personal information such as social security numbers and
birthdates. Because of security-related procedures, the use of regular
mail may cause a significant delay in the receipt of your submissions.
For information about security-related procedures for submitting
materials by express delivery, hand delivery, messenger, or courier
service, please contact the OSHA Docket Office. For additional
information on submitting notices of intention to appear, hearing
testimony or documentary evidence, see the SUPPLEMENTARY INFORMATION
section of this notice.
Docket: To read or download background documents as well as
[[Page 36824]]
comments and materials submitted in response to the proposed rule or
this Federal Register notice, go to Docket No. OSHA-S049-2006-0675 at
https://www.regulations.gov. All submissions 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 the Web
page. All submissions and other material related to the proposed rule
are available for public inspection and copying in the OSHA Docket
Office. For information on reading or downloading materials in the
docket and obtaining materials not available through the Web page,
please contact the OSHA Docket Office.
Electronic copies of this Federal Register notice are available at
https://www.regulations.gov. This notice as well as news releases and
other relevant information also are available at OSHA's Web page at
https://www.osha.gov.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Jennifer Ashley, OSHA, Office of Communications,
Room N-3647, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202) 693-1999.
Technical information: Joseph Daddura, OSHA, Office of Maritime
Standards, Room N-3609, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone (202) 693-2222.
Hearings: Ms. Veneta Chatmon, OSHA, Office of Communications, Room
N-3647; 200 Constitution Avenue, NW., Washington, DC 20210; telephone
(202) 693-1999; e-mail chatmon.veneta@dol.gov.
SUPPLEMENTARY INFORMATION: On December 20, 2007, OSHA published a
proposed rule to revise the standards on general working conditions in
shipyard employment (72 FR 72451). The deadline for submitting written
comments and hearing requests was March 19, 2008. OSHA received several
hearing requests and is scheduling hearings to begin on September 9,
2008, in Washington, DC, and October 21, 2008, in Seattle, WA. This
notice describes the procedures the public must use to participate in
the hearings.
Informal public hearings--purpose, rules and procedures. OSHA
invites interested persons to participate in this rulemaking by
providing oral testimony and documentary evidence at the informal
public hearings. In particular, OSHA invites interested persons who
have knowledge of or experience with shipyard employment and the issues
the proposed rule raises to participate in the hearings. OSHA also
welcomes data and documentary evidence that will assist the Agency in
developing a complete and accurate record.
Pursuant to section 6(b)(3) of the Occupational Safety and Health
Act of 1970 (OSH Act) (29 U.S.C. 655), members of the public have an
opportunity for an informal public hearing on a proposed rule and the
issues it raises at which they may provide oral testimony and evidence.
An administrative law judge (ALJ) presides over the hearing and
resolves procedural matters relating to the hearing.
The legislative history of section 6 of the OSH Act, as well as
OSHA's rules governing public hearings (29 CFR 1911.15), establish the
purpose and procedures of informal public hearings. Although the
presiding officer of such hearings is an ALJ and questioning of
witnesses is allowed on crucial issues, the proceeding is largely
informal and essentially legislative in purpose. Therefore, the hearing
provides interested persons with an opportunity to make oral
presentations in the absence of procedural restraints or rigid
procedures that could impede or protract the rulemaking process. In
addition, because the primary purpose of the hearing is to gather
information and clarify the record, it is an informal administrative
proceeding rather than an adjudicative one in which the technical rules
of evidence apply. OSHA's rules governing public hearings and the pre-
hearing guidelines that the ALJ issues for the hearings will ensure
fairness and due process for participants as well as 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 be resolved
in favor development of the record.
Conduct of the hearing will conform to OSHA's Rules of Procedure
for Promulgating, Modifying, or Revoking Occupational Safety and Health
Standards (29 CFR Part 1911). The rules also specify that the Assistant
Secretary may, on reasonable notice, issue additional or alternative
procedures to expedite the proceedings, to provide greater procedural
protections to interested persons or to further any other good cause
consistent with applicable law (29 CFR 1911.4). Although the ALJs who
preside over the hearings make no decisions or recommendations on the
merits of OSHA proposed rules, they do have the responsibility and
authority necessary to ensure that the hearing progresses at a
reasonable pace and in an orderly manner and to ensure that interested
persons receive a full and fair hearing. To effectuate that, ALJs have
the power to regulate the course of the proceedings; dispose of
procedural requests, objections, and comparable matters; confine
presentations to matters pertinent to the issues the proposed rule
raises; use appropriate means to regulate the conduct of persons
present at the hearing; question witnesses and permit others to do so;
limit the time for such questioning; and leave the record open for a
reasonable time after the hearing for the submission of additional
data, evidence, comments and arguments (29 CFR 1911.16).
At the close of the hearing the ALJ will establish a post-hearing
comment period for interested persons who filed a timely notice of
intention to appear at the hearing. During the first part of the post-
hearing period, those persons may submit additional data and
information to OSHA. During the second part they may submit final
briefs, arguments, and summations.
Notice of intention to appear at the hearing. Interested persons
who intend to participate in and provide oral testimony or documentary
evidence at the hearing must file a written notice of intention to
appear prior to the hearing. To testify or questions witnesses at
either the Washington, DC, or Seattle, WA, hearing, interested persons
must submit (transmit, send, postmark, deliver) their notice by July
18, 2008. The notice must provide the following information:
Name, address, and telephone number of each individual who
will give oral testimony;
Name of the establishment or organization each individual
represents, if any;
Occupational title and position of each individual
testifying;
Hearing location at which each individual wishes to appear
and testify;
Approximate amount of time required for each individual's
testimony;
A brief statement of the position each individual will
take with respect to the issues identified in the proposed rule; and
A brief summary of documentary evidence each individual
intends to present.
OSHA emphasizes that the hearings are open to the public; however,
only individuals who file a notice of intention to appear may question
witnesses and participate fully at the hearing. If time permits, and at
the discretion of the ALJ, an individual who did not file a notice of
intention to appear may be allowed to testify at the
[[Page 36825]]
hearing, but for no more than 10 minutes.
Hearing testimony and documentary evidence. Individuals who request
more than 10 minutes to present their oral testimony at the hearing or
who will submit documentary evidence at the hearing must submit
(transmit, send, postmark, deliver) the full text of their testimony
and all documentary evidence no later than August 8, 2008.
The Agency will review each submission and determine if the
information it contains warrants the amount of time the individual
requested for the presentation. If OSHA believes the requested time is
excessive, the Agency will allocate an appropriate amount of time for
the presentation. The Agency also may limit to 10 minutes the
presentation of any participant who fails to comply substantially with
these procedural requirements, and may request that the participant
return for questioning at a later time. Before the hearing, OSHA will
notify participants of the time the Agency is allowing for their
presentation and the reasons for its decision. In addition, before the
hearing OSHA will provide the pre-hearing guidelines and hearing
schedule to each participant.
Certification of the hearing record and Agency final determination.
Following the close of the hearing and the post-hearing comment
periods, the 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. The ALJ, however, will not make or
recommend any decisions as to the content of the final standard.
Following certification of the record, OSHA will review all the
evidence received as part of the record and will issue the final rule
based on the record as a whole.
Authority and Signature
Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice under the
authority granted by section 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.
Signed at Washington, DC on this 23rd day of June, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-14672 Filed 6-24-08; 8:45 am]
BILLING CODE 4510-26-P
