Clarification of Remedy for Violation of Requirements To Provide Personal Protective Equipment and Train Employees, 54123-54125 [E8-21852]
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Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Proposed Rules
dwashington3 on PRODPC61 with PROPOSALS
any special circumstances small entities
face in controlling hazards and reducing
injuries and fatalities in tree care
operations. How and to what extent
would small entities in your industry be
affected by the promulgation of a
standard that addresses hazards in tree
care operations? Are there special
circumstances that make the control of
hazards in tree care operations more
difficult or more costly in small entities?
Describe those circumstances and
explain and discuss any alternatives
that might serve to minimize these
impacts.
5. Are the reasons why the benefits of
a standard to control hazards in tree
care operations might be different for
small entities than for larger
establishments? Please explain.
III. Public Participation
You may submit comments in
response to this document (1)
electronically at https://
www.regulations.gov, (2) by hard copy,
or (3) by facsimile (FAX). All comments,
attachments, and other materials must
identify the Agency name and the
docket number for this document
(Docket No. OSHA–2008–0012). You
may supplement electronic submissions
by uploading document files
electronically. If, instead, you wish to
mail additional materials in reference to
an electronic or FAX submission, you
must submit three copies to the OSHA
Docket Office (see ADDRESSES section).
The additional materials must clearly
identify your electronic or FAX
comments by name, date, and docket
number so OSHA can attach them to
your comments.
Because of security-related problems
there may be a significant delay in the
receipt of comments by regular mail. For
information about security procedures
concerning the delivery of materials by
express delivery, hand delivery, and
messenger or courier service, please
contact the OSHA Docket Office at 202–
693–2350 (TTY 877–889–5627).
All comments and submissions in
response to this Federal Register,
including personal information, are
placed in the public docket without
change. Therefore, OSHA cautions
against submitting certain personal
information such as social security
numbers and birthdates. All comments
and submissions are listed in the https://
www.regulations.gov index; however,
some information (for example,
copyrighted material) is not publicly
available to read or download through
the Web site. All comments and
submissions are available for inspection
and copying at the OSHA Docket Office
VerDate Aug<31>2005
15:24 Sep 17, 2008
Jkt 214001
(see the ADDRESSES section of this
notice). Information on using https://
www.regulations.gov to submit
comments and access dockets is
available at that Web site. Contact the
OSHA Docket Office (see ADDRESSES
section) for information about materials
not available through the OSHA Web
site and for assistance in using the Web
site to locate and download docket
submissions.
Electronic copies of this Federal
Register notice are available at https://
www.regulations.gov. This document, as
well as news releases and other relevant
documents, are also available at OSHA’s
Web site at https://www.osha.gov.
IV. Authority and Signature
This document was prepared under
the direction of Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor. It is issued
pursuant to sections 4, 6, and 8 of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 653, 655, 657), 29 CFR
part 1911, and Secretary’s Order 5–2007
(72 FR 31159).
Signed at Washington, DC, this 15th day of
September, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–21851 Filed 9–17–08; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1910, 1915, 1917, 1918,
and 1926
[Docket No. OSHA–2008–0031]
RIN 1218–AC42
Clarification of Remedy for Violation of
Requirements To Provide Personal
Protective Equipment and Train
Employees
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Proposed rule; notice of hearing.
AGENCY:
SUMMARY: OSHA is convening an
informal public hearing to receive
testimony and documentary evidence
on the proposed rule for Clarification of
Remedy for Violation of Requirements
to Provide Personal Protective
Equipment and Train Employees.
DATES: Informal public hearing. The
Agency will hold the informal public
hearing in Washington, DC, beginning
October 6, 2008. The hearing will
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54123
commence at 10 a.m. on the first day.
If necessary, the hearing will continue
on October 7, 2008, beginning at 9 a.m.
Notice of intention to appear to
provide testimony at the informal public
hearing. Parties must notify OSHA in
writing no later than September 26,
2008, of their intention to appear at the
hearing to present testimony. OSHA is
limiting each party’s testimony to 10
minutes. If parties need additional time,
they must submit a written request with
their notice of intention to appear
stating how much time they seek, the
topics they will cover during their
testimony, and why they cannot cover
the topics in the 10 minutes allotted.
ADDRESSES: Informal Public Hearing.
The informal public hearing will be
held in Washington, DC, Conference
Room 6, Room C–5320 of the Frances
Perkins Building, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC.
Notices of intention to appear at the
hearing. Submit notices of intention to
appear at the informal public hearing
and requests for additional time to
testify, identified by the docket number
(OSHA–2008–0031) or the regulatory
information number (RIN 1218–AC42),
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–2008–0031)
so that the Agency can attach them to
the appropriate document.
Regular mail, express delivery, hand
delivery, and courier service: Send
submissions (single copy only) to the
OSHA Docket Office, Docket No.
OSHA–2008–0031, 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
E:\FR\FM\18SEP1.SGM
18SEP1
dwashington3 on PRODPC61 with PROPOSALS
54124
Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Proposed Rules
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., e.t.
Instructions. Each submission must
include the Agency name and the OSHA
docket number (i.e., OSHA–2008–0031).
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, see the
Public Participation-Comments and
Hearings section in the SUPPLEMENTARY
INFORMATION section below.
Docket. To read or download
comments, notices of intention to
appear, and other material in the docket,
go to https://www.regulations.gov or to
the OSHA Docket Office at the address
above. All 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.
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 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 rule for
Clarification of Remedy for Violation of
Requirements to Provide Personal
Protective Equipment and Train
Employees on August 19, 2008 (73 FR
48335). The period for submitting
written comments expires on September
18, 2008. During this comment period,
a number of commentors (see, e.g., Exs.
OSHA–2008–0031–006.1, –007.1,
VerDate Aug<31>2005
15:24 Sep 17, 2008
Jkt 214001
–009.1, –0011.1, –0012.1) 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 proposal
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
proposed rule. An administrative law
judge (ALJ) will preside over the
hearing, and will resolve any procedural
matters related 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 prehearing 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 clear, accurate,
and complete record.
Conduct of the Hearing. Conduct of
the hearing will conform to the
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provisions of 29 CFR 1911.5. Although
the ALJ presiding over the hearing
makes no decision or recommendation
on the merits of the proposal 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. As indicated in the proposed
rule, OSHA will allow an additional 30day period for submission of
posthearing comments before closing
the public comment period (74 FR
48344).
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, mailing and e-mail addresses,
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); and whether the individual is
appearing as a part of a panel with other
individuals. Participants who need
projectors and other special equipment
for their testimony must contact Ms.
Veneta Chatmon at OSHA’s Office of
Communications, telephone (202) 693–
1999.
As noted above, testimony will be
limited to 10 minutes. Requests for
additional time must be submitted in
writing with the notice of intention to
appear, and contain a reasoned
justification, including identification of
the topics to be discussed and an
explanation of why these topics cannot
be covered in 10 minutes. OSHA will
review the request and determine how
much, if any, additional time to allot to
the individual. Individuals requesting
additional time will be notified of
OSHA’s determination on their request
prior to the hearing.
OSHA emphasizes that, while the
hearing is open to the public and all
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
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Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Proposed Rules
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.
Certification of the record and final
determination after the informal public
hearing. Following the close of the
hearing and the posthearing 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), Section 3704 of
the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701 et seq.),
Secretary of Labor’s Order 5–2007 (72
FR 31160), and 29 CFR part 1911.
Signed at Washington, DC, this 15th day of
September 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–21852 Filed 9–17–08; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 294
RIN 0596–AC74
Special Areas; Roadless Area
Conservation; Applicability to the
National Forests in Colorado,
Regulatory Risk Assessment
Forest Service, USDA.
ACTION: Proposed rule; risk assessment
and request for comments.
dwashington3 on PRODPC61 with PROPOSALS
AGENCY:
SUMMARY: On July 25, 2008, the Forest
Service, U.S. Department of Agriculture,
proposed to establish a State-specific
rule to provide management direction
for conserving Colorado roadless areas
(73 FR 43544). This proposed rule is
estimated to have more than
VerDate Aug<31>2005
15:24 Sep 17, 2008
Jkt 214001
$100,000,000 of economic impact. The
proposed rule would satisfy the
economic impact and subject matter
criteria of 7 U.S.C. 2204e and thus
requires a regulatory risk assessment.
The Forest Service is seeking comment
on the assessment. A copy of the
Regulatory Risk Assessment is available
at the national roadless Web site
https://www.roadless.fs.fed.us.
DATES: Comments must be received in
writing by October 23, 2008.
ADDRESSES: Comments on the
Regulatory Risk Assessment may be
incorporated into comments on the
proposed rule. Comments may be sent
via e-mail to
COcomments@fsroadless.org.
Comments also may be submitted via
the internet at https://
www.regulations.gov. Written comments
concerning this notice should be
addressed to Roadless Area
Conservation—Colorado, P.O. Box
162909, Sacramento, CA 95816–2909, or
via facsimile to 916–456–6724. All
comments, including names and
addresses, when provided, are placed in
the record and are available for public
inspection and copying.
FOR FURTHER INFORMATION CONTACT: For
information on the Regulatory Risk
Assessment only, contact Ken Karkula
at 202–205–2869. Individuals using
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8 a.m. and 8 p.m. Eastern Time,
Monday through Friday.
SUPPLEMENTARY INFORMATION: The Forest
Service is proposing to establish a Statespecific rule to provide management
direction for conserving Colorado
roadless areas. This rule is estimated to
have more than $100,000,000 of
economic impact. The rule satisfies the
economic impact and subject matter
criteria of 7 U.S.C. 2204e and thus
requires a regulatory risk assessment.
This risk assessment describes the
types of risks to the environment that
the proposed rule is designed to reduce,
as well as discussing the likelihood that
the proposed rule will reduce those
risks. Examining risk at the site-specific
level is not practical in this assessment
therefore this risk assessment will
address risks at the broader
programmatic level.
The purpose of the proposed rule is
to provide lasting protection, within the
context of multiple-use management, for
roadless areas within the National
Forests in Colorado. The regulatory risk
assessment assesses the degree to which
the rule reduces the risk it was designed
to address. In this regulatory risk
assessment, the risk that the rule
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54125
addresses is the risk of not providing
lasting protection, within the context of
multiple-use management, to the
roadless areas within the National
Forests in Colorado. The provisions of
the proposed rule are intended to
provide lasting protection; in the
absence of the rule such protection is
not guaranteed, as current regulatory
direction (2001 Roadless rule) continues
to be litigated.
In general, all of the alternatives are
expected to reduce the risk of not
providing lasting protection to roadless
areas in comparison to the condition
where no management plans are
implemented. Differences between the
alternatives are based on the different
levels of road construction and
reconstruction, tree-cutting, and other
activities discussed. Differences in the
degree to which the alternatives reduce
the risk of not providing lasting
protection are small. Due to uncertainty
over its legal status, Alternative 1 (2001
Roadless Rule) presents an increased
risk of not providing lasting protection
over the other two alternatives since it
is unclear whether or not the rule will
be modified by litigation. Alternative 2
(Proposed Colorado Roadless Rule)
reduces the risk of not providing lasting
protection over Alternative 3 (Forest
Plans) due to the decreased amount of
roading, tree-cutting, and mineral
development over the amounts
estimated if individual forest plans
rather than a roadless rule controlled
the roadless areas.
Dated: August 28, 2008.
Charles L. Myers,
Associate Deputy Chief for National Forest
System.
[FR Doc. E8–21899 Filed 9–17–08; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R4-ES-2008-0082; 92210750083-B2]
RIN 1018-AU85
Endangered and Threatened Wildlife
and Plants; Proposed Endangered
Status for Reticulated Flatwoods
Salamander; Proposed Designation of
Critical Habitat for Frosted Flatwoods
Salamander and Reticulated Flatwoods
Salamander
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; supplemental
information.
AGENCY:
E:\FR\FM\18SEP1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 182 (Thursday, September 18, 2008)]
[Proposed Rules]
[Pages 54123-54125]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21852]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, 1917, 1918, and 1926
[Docket No. OSHA-2008-0031]
RIN 1218-AC42
Clarification of Remedy for Violation of Requirements To Provide
Personal Protective Equipment and Train Employees
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
Clarification of Remedy for Violation of Requirements to Provide
Personal Protective Equipment and Train Employees.
DATES: Informal public hearing. The Agency will hold the informal
public hearing in Washington, DC, beginning October 6, 2008. The
hearing will commence at 10 a.m. on the first day. If necessary, the
hearing will continue on October 7, 2008, beginning at 9 a.m.
Notice of intention to appear to provide testimony at the informal
public hearing. Parties must notify OSHA in writing no later than
September 26, 2008, of their intention to appear at the hearing to
present testimony. OSHA is limiting each party's testimony to 10
minutes. If parties need additional time, they must submit a written
request with their notice of intention to appear stating how much time
they seek, the topics they will cover during their testimony, and why
they cannot cover the topics in the 10 minutes allotted.
ADDRESSES: Informal Public Hearing. The informal public hearing will be
held in Washington, DC, Conference Room 6, Room C-5320 of the Frances
Perkins Building, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC.
Notices of intention to appear at the hearing. Submit notices of
intention to appear at the informal public hearing and requests for
additional time to testify, identified by the docket number (OSHA-2008-
0031) or the regulatory information number (RIN 1218-AC42), 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-2008-0031) so that the Agency
can attach them to the appropriate document.
Regular mail, express delivery, hand delivery, and courier service:
Send submissions (single copy only) to the OSHA Docket Office, Docket
No. OSHA-2008-0031, 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
[[Page 54124]]
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., e.t.
Instructions. Each submission must include the Agency name and the
OSHA docket number (i.e., OSHA-2008-0031). 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, see the Public Participation-Comments and Hearings section in
the SUPPLEMENTARY INFORMATION section below.
Docket. To read or download comments, notices of intention to
appear, and other material in the docket, go to https://
www.regulations.gov or to the OSHA Docket Office at the address above.
All 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.
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 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 rule for
Clarification of Remedy for Violation of Requirements to Provide
Personal Protective Equipment and Train Employees on August 19, 2008
(73 FR 48335). The period for submitting written comments expires on
September 18, 2008. During this comment period, a number of commentors
(see, e.g., Exs. OSHA-2008-0031-006.1, -007.1, -009.1, -0011.1, -
0012.1) 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 proposal 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 proposed
rule. An administrative law judge (ALJ) will preside over the hearing,
and will resolve any procedural matters related 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 prehearing 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 clear, accurate, and 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
proposal 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. As indicated in the proposed rule, OSHA will allow
an additional 30-day period for submission of posthearing comments
before closing the public comment period (74 FR 48344).
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, mailing
and e-mail addresses, 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); and
whether the individual is appearing as a part of a panel with other
individuals. Participants who need projectors and other special
equipment for their testimony must contact Ms. Veneta Chatmon at OSHA's
Office of Communications, telephone (202) 693-1999.
As noted above, testimony will be limited to 10 minutes. Requests
for additional time must be submitted in writing with the notice of
intention to appear, and contain a reasoned justification, including
identification of the topics to be discussed and an explanation of why
these topics cannot be covered in 10 minutes. OSHA will review the
request and determine how much, if any, additional time to allot to the
individual. Individuals requesting additional time will be notified of
OSHA's determination on their request prior to the hearing.
OSHA emphasizes that, while the hearing is open to the public and
all 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
[[Page 54125]]
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.
Certification of the record and final determination after the
informal public hearing. Following the close of the hearing and the
posthearing 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), Section 3704 of the Contract Work Hours
and Safety Standards Act (40 U.S.C. 3701 et seq.), Secretary of Labor's
Order 5-2007 (72 FR 31160), and 29 CFR part 1911.
Signed at Washington, DC, this 15th day of September 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-21852 Filed 9-17-08; 8:45 am]
BILLING CODE 4510-26-P
